November 18 2024  1  MACUNGIE BOROUGH COUNCIL AGENDA Monday November 18, 2024 Regular Meeting 7:30 p.m.  1. Call to Order 2. Pledge of Allegiance 3. RollCall 4. Announcements 5. Barry Isett Engineering a. No Report Public Comment a. Public b. Council Members 7. Presentations / Guest Speakers 8. Complaints, Petitions, and Appeals 9. Approval of Minutes a, November 4, 2024  b. November 4 2024 Budget Workshop a. Treasurer's report (2nd meeting ofi month) b. Approval of) Paid Bills Detail report a. Lehigh County Burn Ban  10. Financial Agenda  11. Correspondence 12. Reports  a. Macungie Institute Manager Quarterly Report i. April 15,July 15, October 21 b. Zoning Monthly Update Report (2nd meeting of month) i. Ordinance addressing RVs discussion  C. Solicitor d. Mayor  i. Mayor's report e. Borough Manager 13. Unfinished Business  ii. Macungie Police Department Update (2nd meeting ofmonth)    November 18 2024 14. New Business  2  a. Administration request: New CAT5 cables to second floor Borough Hall to  improve internet/computer service-Lantek $ 1744.99 b. Ordinance 2024-03 Sewer Rates-public hearing and vote. 2025 Final Budget discussion and vote d. Kay Builder Security Reduction Release #4: for $ 229,781.89 Ordinance 2024-04 RV Ordinance authorization to advertise. Mavis Tire Agreement for HOP Permit Appication-approya. to execute.  15. Executive Session  a. Legal, Personnel, Real Estate 16. Action as a result of executive session  17. Adjournment    MACUNGIE BOROUGH COUNCIL BUDGETI MEETING MINUTES Monday, November 4, 2024  Council Members:  Ron Karboski Greg Hutchison Barry Bloch Todd Ritter Robert Rozak (absent) Carl Sell John' Yerman (absent) John Brown  Borough Manager:  1. Reviewre revisions to General Fund Expenses from 10/28/2024 workshop meeting  a. Building and Maintenance increase $22,400 i. Town Hall Metal Racks fors storage ii. Macungie Institute alarm control panel upgrade ili. Town Hall Boiler Valve replacement iv. Town Hall glass main door replacement V. Stenciling of vinyl letters on Town Hall Door b. Flower Park allocation increase $1,000 C. Police Department allocation for annual vacation hours  Total allocation $34,000 split  1. Overtime allocationincrease $17,000 2. Part-time allocation increase $17,000  d. Total changes $57,500  e. Net Revenue minus Expenses is $67,026 a. Sewer Fund Metered Rate schedule 2025  2. Revisions to Sewer Fund Revenue from 10/28/2024 workshopr meeting  b. Proposed. 2025 rates arel loweri than rates in placei from. 2017-1Q2024  Metered Rates Fixed Rate Annual Flixed Rate/Qtr  2026 2024 Debt Svc 2024 Total 2025 VS $300.00 $ 113.33 $ 258.00 $ 371.33 $ (71.33) $75.00 $ 28.33 $ 64.50 r$ 92.83 $ (17.83)  Rates current Rate  Rate $ 3.64] $ 4.06  2024  Flow Rate per 1000 gallon $ 7,60 $ 3.54 $  Metered:f Rates Flow Rate per1000 gallon Fixed Rate Annual Filxed Rate/Qtr  2025 Rates Current Rates Net Change  $ 7.60 $ $ 300.00 $ $ 75.00 $  3.54/9 113.33 $ 28.33 $  4.05 186.67 46.67  . Revenue Impact  ( 08.364.010 Meter Rate Services to Customers $456,957 $987,200 Borough Council will act at the Borough Council Meeting 11/4/2024.  d. Ordinance 2024-03: setting Sewer Rates for 2025    MACUNGIE BOROUGH COUNCIL BUDGET MEETING MINUTES Monday, November 4, 2024  3. All members present at tonightsworkshop meeting agreed ont the 2025 Budget as presented and formal  action will bet taken during the Council Meeting.  Respectfully submitted Administrative Assistant  AohleyRinkev    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday, November 4, 2024 REGULAR MEETING MINUTES 7:30P.M.  Council Members:  Ron Karboski Greg Hutchison Barry Bloch Todd Ritter Robert Rozak (absent) Carl Sell John Yerman (via phone) Ronald Conrad David Keightly John Brown  Mayor: Solicitor: Borough Manager:  President Karboski called tonight's meeting to order at 7:30 pm.  1. Barry Isett Engineering a. No report 2. Public Comment a. Public i. None b. Council members  President Karboski stated Borough of Macungie willl be collecting items for the firefighters fighting the fire on the Blue Mountain in Lehigh Township. Items requested are beenies,  batteries, Liquid IV, and ChapStick.  3. Presentations/Guest Speakers a. None 4. Complaints, Petition and Appeals a. None. 5. Approval of Minutes a. October 21, 2024  - Vice President Hutchison made a motion to approve the minutes as written, Councilman Bloch . Councilman Sell made a motion to approve the minutes as written. Vice President Hutchison  seconded the motion. Motion passed unanimously. (110424-A) seconded the motion. Motion passed unanimously. (110424-B)  b. October 21, 2024, Budget Workshop  6. Financial Agenda  a. Treasurer's report (2nd meeting of the month) b. Approval of Paid Bills Detail report  ( Councilman Sell made a motion to approve the paid bills for $86,839.68. Vice President Hutchison seconded the motion. Motion passed unanimously. (110424-C)  7. Correspondence  MOTIONS:110424A/10A24B/10A24C/10424D/110124E/10A2AF/110424-6/110424-H    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday, November 4, 2024 REGULAR MEETING MINUTES 7:30P P.M.  a. Halloween Parade Committee -Thank you b. PSAB-MRT Monthly Pension Report CR&Y 2023 Financial Statement  8. Reports  a, Macungie Institute Managers Quarterly Report i. April 15,July 15, October21 b. Zoning Monthly Update Report (2d meeting of the month)  Solicitor  i. Ordinance addressing RVS discussion  1. Vice President Hutchison made a motion to table approving the ordinance. Councilman Sell seconded the motion. Motion passed unanimously. (110424-D)  d. Mayor  i. Macungie Police Department Update (2nd meeting of the month)  1. Vice President Hutchison requested a report bei included in the packet regardless of the  mayor'sattendance.  e. Borough Manager  i. At the last meeting, Mrs. Sell publicly commented on the curb and sidewalk conditions at the Macungie Diner. An inspection was completed, and a letter of violation was mailed to the owner.  9. Unfinished a. None 10. New Business  a. The Macungie Police Department administration requests to purchase a new computer server from  Integra One. $13,150.11  i. The current. server does not meet the required CJIS (Criminal Justice Information System) requirements. In November 2024 any agency not in compliance with the requirements willl be unable to access any Federal or State information related to Law Enforcement. 1. President Karboski made a motion to approve the Police Departments request. Vice President Hutchison seconded the motion. Motion passed unanimously. (110424-E) President Karboski made a motion to approve the 2025 Draft Budget as presented. Vice President Hutchison seconded the motion. Motion passed unanimously. (110424-F) ii. The approved draft budget will be advertised, and final approval willt take place on November 18, i. Vice President Hutchison made a motion to approve Ordinance 2024-03 Sewer Rates draft. Councilman Sell seconded the motion. Motion passed unanimously. (110424-G) i. The approved draft Ordinance 2024-03 Sewer Rates will be advertised, and final approval will  b. 2025 Draft Budget discussion and vote.  2024, at the Council meeting  Ordinance 2024-03 Sewer Rates- - draft; approval to advertise  take place on November 18, 2024, at the Council meeting.  11. Executive Session  a. Legal, Personnel, Real Estate 12. Actionasaresult of executive session  MOTIONS:: 11042+A/1104248/11A2AC/IOA2AD/IAD/IORAE/1ORAF/I104246/1102AM    MACUNGIE BOROUGH COUNCIL MEETING MINUTES Monday, November 4, 2024 REGULAR MEETING MINUTES 7:30P.M.  a. None 13. Adjournment  a. President Karboski made a motion to adjourn tonight's meeting at 8:05 pm. Vice President Hutchison  seconded the motion. Motion passed unanimously. (110424-H)  Respectfully Submitted AohleyRinkev Administrative Assistant  MOTIONS: 10A24A/1104248/11RAC/IDRAD/IODAE/IORAF/I1002-6/110A24#        S 800 888888    3888888    080    888    88888  88888888            8888    PAID BILLS BYI FUND-SUMMARY 11/5/2024 11/12/2024 $ 83,762.37 $4 45,729.98 $ 990.00 $ $ 3,482.05 $ 265.99  November 18: 2024 Fund General Fund Sewer Fund Refuse- Sanitation Fund Liquid Fuels Fund Water Authority Fund General Fund Capital Sewer Fund Capital Water Fund Capital  Total $1 129,492.35 $ 990.00 $ 48,427.08 $ 3,748.04 $ $ $ $ $1 182,657.47  $48,427.08  Total $ 88,234.42 $ 94,423.05 $    1:05F PM 11/05/24  Borough of Macungie - General Fund  Paid Bills Detail All Transactions  Type Campbell, Rappold & Yurasits LLP Bill Total Campbell, Rappold & Yurasits LLP Davidheiser's Inc Bill Total Davidheiser's Inc Emmaus Public Library Bill Total Emmaus Publicl Library Financial Related Services, LLC Bill Total Financial Related Services, LLC gWorks Bill Total gWorks Isett, Barry & Assoc. Bill Bill Bill BII BiI Bill Bill Totall Isett, Barry & Assoc. Keith's Lock & Door Service LLC Bill Total Keith's Lock &I Door Service LLC Kohler, Terry Bill Totall Kohler, Terry Lower Macungie Twp. Bill Bill Totall Lower Macungie Twp. Master Supply Line Bill Bill Total Master Supply Line Microsoft Bill Total Microsoft NAPA Auto Parts-Allentown Bill Total NAPA Auto Parts-Allentown  Date  Memo  Open Balance 6,670.00 6,670.00 86.00 86,00 5,612.50 5,612.50 4,325,00 4,325.00 5,020.00 5,020.00 409.50 931.00 1,345.00 7,550.00 707,00 831.00 900.00 12,673.50 927.00 927.00 60.00 60.00 425.00 45,000.00 45,425.00 84,60 25.20 109,80 167.11 167.11 13.57 13.57  10/26/2024 Inv #242543- 2023 Audit  07/30/2024 Invi #28667. (3) Stop Watch/s Tested & Cert 11/01/2024 Inv# #4th Quarter- 2024 Library Agreement 10/31/2024 Oclober 2024 Bookkeeping Services  10/28/2024 Invi #2019-25676- FrontDesk & Utility Billing Hub 10/10/2024 Inv# #0193714- Macungie Sidewalk Program 10/10/2024 Inv* #0193711- General Engineering 10/10/2024 Invi #0193366-N MS4 10/10/2024 Inv #0193855- S. Church Sta and! Hickory St Connection 10/10/2024 Invi #0193690- -Macungie BMP Swale 10/10/2024 Inv* #0193717- Public' Works Garage 10/24/2024 Inv #0193715- Main Stl Lighted! Pedestrian Crossings  09/25/2024 Invi #24500- MI  11/05/2024 May through October ZHB  11/05/2024 3rd Quarter 2024 Yard' Wastel Passes 11/05/2024 2nd Payment- 2024 Fire Services Agreement 09/12/2024 Inv #8-183413- Shop supplies 09/12/2024 Invi #8-183408. Police supplies  09/12/2024 Invi E0800TKXIV- Office 365 Subscriptions 10/28/2024 inv #262096- Shop air compressor  Page 1    1:05F PM 11/05/24  Borough of Macungie - General Fund  Paid Bills Detail All Transactions  Type PPL Electric Utilities Bill Bill Bill Bill Total PPL Electric Utilities Printz, Alan Bill Total Printz, Alan PSAB Municipal Retirement Trust Bill Total PSABI Municipal Retirement Trust Reinbold, Greg Bill Total Reinbold, Greg Sunbelt Rentals, Inc Bill Total Sunbelt Rentals, Inc ULINE Bill Total ULINE UniFirst Corporation Bill Total UniFirst Corporation Wehrung's Macungie LLC Bill Total Wehrung's Macungie LLC TOTAL  Date  Memo  Open Balance 196.56 718,29 314,88 41.68 1,271.41 60.00 60.00 62.77 62.77 60.00 60.00 900.51 900.51 214,00 214.00 73.72 73.72 30,48 30.48 83,762.37  10/23/2024 Acct #57170-05005- Macungie Institute 10/23/2024 Acct #49380-17017- 301 S Church St 10/24/2024 Acct #26780-17002- 21 Locust St 10/24/2024 Acct #59439-06004. Main St8 & Mill Display 11/05/2024 May through October ZHB 11/05/2024 Ryan Keiser Match 11-07-24 pay 11/05/2024 Mayt through October ZHB  10/11/2024 Invi 159001757-0002 Equipment rentalf for paving 11/04/2024 Order #27033251 Cablet ties for decorations 10/30/2024 Inv #1290203956- Uniform Service 10/31/2024 Inv #47413-Townhall  Page 2    1:05F PM 11/05/24  Borough of Macungie - General Fund  Paid Bills Detail All Transactions  Type Campbell, Rappold & Yurasits LLP Bill Total Campbell, Rappold & Yurasits LLP Davidheiser's Inc Bill Total Davidheiser's Inc Emmaus Public Library Bil Total Emmaus Public Library Financial Related Services, LLC Bill Total Financial Related Services, LLC gWorks Bill Total gWorks Isett, Barry &A Assoc. Bill Bill Bill Bill Bill Bill Bill Total Isett, Barry & Assoc. Keith's Lock & Door Service LLC Bill Total Keith's Lock & Door Servicel LLC Kohler, Terry Bll Total Kohler, Terry Lower Macungie Twp. Bill Bill Total Lower Macungie Twp. Master Supply Line Bill Bill Total Master Supplyl Line Microsoft Bill Total Microsoft NAPA Autol Parts-Allentown Bill Total NAPA Auto Parts-Allentown  Date  Memo  Open Balance 6,670.00 6,670.00 86.00 86.00 5,612.50 5,612.50 4,325.00 4,325.00 5,020.00 5,020.00 409.50 931.00 1,345,00 7,550.00 707.00 831.00 900.00 12,673.50 927.00 927.00 60.00 60.00 425.00 45,000.00 45,425.00 84.60 25.20 109.80 167.11 167.11 13.57 13.57  10/26/2024 Inv# #242543- -2023/ Audit  07/30/2024 Invi #28667- (3) Stop' Watch/s Tested & Cert 11/01/2024 Invi #4th Quarter- 2024 Library Agreement 10/31/2024 October 2024 Bookkeeping Services  10/28/2024 Inv 2019-25676- FrontDesk & Utility Billing Hub 10/10/2024 Invi #0193714- Macungie Sidewalk Program 10/10/2024 Invi #0193711- General Engineering 10/10/2024 Invi #0193366- MS4 10/10/2024 Inv #0193855- S. Church St andl Hickory St Connection 10/10/2024 Inv #0193690- Macungie BMP Swale 10/10/2024 Inv #0193717- Public' Works Garage 10/24/2024 Inv #0193715- Main St Lighted Pedestrian Crossings  09/25/2024 Invi #24500- MI  11/05/2024 May through October ZHB  11/05/2024 3rd Quarter 2024 Yard Waste! Passes 11/05/2024 2nd Payment. 2024 Fire Services Agreement 09/12/2024 Invi #8-183413- Shops suppiles 09/12/2024 Inv #8-183408- Police supplies  09/12/2024 Invi E0800TKXIV- Office 365 Subscriptions 10/28/2024 Inv #262096- Shop air compressor  Page 1    1:05PM 11/05/24  Borough of Macungie - General Fund  Bills Detail Paid All Transactions  Type PPL Electric Utilities Bill Bill Bill Bill Total PPLI Electric Utilities Printz, Alan Bill Totall Printz, Alan PSABI Municipal Retirement Trust Bill Totall PSAB Municipal Retirement Trust Reinbold, Greg Bill Total Reinbold, Greg Sunbelt Rentals, Inc Bill Total Sunbelt Rentals, Inc ULINE Bill Total ULINE UniFirst Corporation Bill Total UniFirst Corporation Wehrung's Macungie LLC Bill Total Wehrung's Macungie LLC TOTAL  Date  Memo  Open Balance  10/23/2024 Acct #57170-05005- Macungle Institute 10/23/2024 Acct #49380-17017- 301 SC Church St 10/24/2024 Acct 26780-17002- 21 Locust St 10/24/2024 Acct #59439-06004- Main St & Mill Display 11/05/2024 May through October ZHB 11/05/2024 Ryan! Keiser! Match 11-07-24 pay 11/05/2024 May! through October ZHB  196.56 718.29 314,88 41.68 1,271.41 60.00 60.00 62.77 62.77 60,00 60.00 900.51 900.51 214.00 214.00 73.72 73.72 30.48 30.48 83,762,37  10/11/2024 Inv #159001757-0002 Equipment rental for paving 11/04/2024 Order #27033251 Cablet ties for decorations 10/30/2024 Invt #1290203956- Uniform Service 10/31/2024 Invi #47413-Townhall  Page 2    1:03PM 11/05/24  35-LIQUID FUELS Paid Bills Detail All Transactions  Type PP&L Bill Bill Bill Bill Bill Total PP&L TOTAL  Date  Memo  Open Balance  10/23/2024 Acct #41239-94001- Rte 1008 & Chestnut, Signal 10/24/2024 Acct #57253-72006- 1WM Main St 10/24/2024 Acct #36794-55007- NO Church St & Lehigh-AAL 10/24/2024 Accl #49939-16013- Rte 100, Pedestrian Signal 10/29/2024 Acct 68055-05002- Borough Street Lights  36,53 89.44 50.68 80.49 3,224,91 3,482.05 3,482.05  Page 1    1:03PM 11/05/24  08- SEWER COMPANY Paid Bills Detail All Transactions  Type Barry! Isett & Associates, Inc. Bill Total Barry Isett & Associates, Inc. TOTAL  Date  Memo  Open Balance  10/10/2024 Inv #0193798- Sewerl 1&1 IWork  990.00 990,00 990,00  Page 1    12:25P PM 11/12/24  Borough of Macungie - General Fund  Paid Bills Detail AllI Transactions  Type 4 Seasons Garden Center Bill Total 4 Seasons Garden Center Bernhard, ToddL. Bill Total Bernhard, ToddL. Canon Financial Services, Inc. Bill Total Canon Financial Services, Inc. IntegraOne Bill Totall IntegraOne Lantek Bill Totall Lantek Microsoft Bill Total Microsoft NAPA Auto Parts-Allentown Bill Bill Total NAPA Auto! Parls-Allentown PA One Call System Bill Total PA One Call System PMHIC Bill Total PMHIC Sherwin Williams Co. Bill Total Sherwin' Williams Co. Stoney Creek Rentals Inc. Bill Total Stoney Creek! Rentals Inc. Susquehanna Municipal Trust Bill Total Susquehanna Municipal Trust UnlFirst Corporation Bill Totai UniFirst Corporation Wehrung's Macungle LLC Bill Total Wehrung's Macungie LLC  Date  Memo  Open Balance 1,040.00 1,040.00 20.13 20.13 123,29 123.29 3,297.53 3,297.53 371.25 371.25 167.11 167.11 144.35 149.90 294.25 56,96 56.96 26,616.56 26,616.56 131.57 131.57 1,406.50 1,406.50 7,677.25 7,677.25 74.80 74.80 10.78 10.78  10/02/2024 Inv #43872- MI stonet for front of building 11/10/2024 Reimbursement for Police Rifie Batteries 11/11/2024 Inv #36466337- Police Copier usage 11/11/2024 Inv #222760- Police server 10/31/2024 Invi #CW57353- Various Tickets  09/12/2024 Inv #E0800TKXIV- Office 365 Subscriptions 11/04/2024 Inv# #262362- Vehicle Maintenance 11/04/2024 Invt #262393. Truck #1 Maintenance 10/31/2024 Inv #1073612-F Pagers  11/11/2024 Inv#194349-0- December: 2024 Coverage 11/06/2024 Inv* #8866-1- Townhall Atrium Repairs 11/08/2024 Invi #210608- Manlift rental  11/12/2024 Inv# #2024-073- 4th Quarter Contribution 11/06/2024 Invi #1290204886 Uniform Service 11/06/2024 Inv# #47641- Truck #1  Page 1    12:25PM 11/12124  Borough of Macungie - General Fund  Paid Bills Detail AllTransactions  Type Whitehall Door Bill Total Whilehall Door TOTAL  Date  Memo  Open Balance 4,442.00 4,442.00 45,729.98  10/16/2024 Inv: #86052 Shop garage door repairs  Page 2    12:08 PM 11/12/24  REFUSE-SANITATION COMPANY Paid Bills Detail All Transactions  Type Whitetail Disposal Bill Total Whitetail Disposal TOTAL  Date  Memo  Open Balance 48,427.08 48,427.08 48,427.08  10/31/2024 Invt #1325361 October Trash & Recycling  Page1    12:09 PM 11/12/24  35-LIQUID FUELS Paid Bills Detail AIlTransactions  Type PP&L Bill Bil Total PP&L. TOTAL  Date  Memo  Open Balance 230,55 35.44 265.99 265.99  10/29/2024 Accl #70000-43002- - Borough Streetl Lights 10/31/2024 Accl #22084-14002- Rte 100, Traffic Signal  Page 1    LEHIGH COUNTY Allentown, PA 18101-2401  Government Center 117South Seventhstrect Phone: 610-782-3002 lFOx:610-871-2755  FOR IMMEDIATE RELEASE: November 14, 2024  CONTACT: office ofe Emergency! Management  610-782-4600  EHIGHCOUNIYOFIIIAISENCOURGE RISDINISTOPAPARLNOREMIRGINGE ehgrcouny,PALANgcCauyCommsoi vuidiepas.Reoluions,0Skeiiaang lempoiay,counyuide ban onopent bming. The bumb bant MdkippmEslahy, November 15, 2024 and shall contunue through 9:00 pm EST on Sunday. December 15. 2024 Thisproactive measure, passedby unanimous' vote during the November 13,20241 Regular Council Meeting. responds to heightened wildfue risks due to ongoing dry conditions. slrong winds, and luchuating temperahues, which haves significantly increased fire danger across the region The bum ban was recommended by Lehigh Couty's District Fire Warden, Randy Meizger, 0n1 bchalfofthel Pennsylvanial Depatment ofConservation andi Natwall Resources. Supportedby over SFuechicthacoslelihpcomy,Hivouwxndationunkercore: the uugent needtor nutigate fise hazards and protect life and property in Lehigh Couty. The bun ban is a vital step in safeguardingl LaihghCoumysieidens and properties diing these exceptionally dry conditions. Thel bum bany prohibits all fomms ofo open buming. whichi includes any outdoor buning ofmaterials such as garbage. leaves, grass, twigs. paper, vegetation from land clearing. and: any other debris. Open bumingi is defined: as buming conductedi in buun basrels (screened or unscreened), fire nngs,  unless extended or rescinded prior to that expiration  Details of the Burn) Ban  01 directly 011 the ground in any ouldoor location.  The following exceptions are not restnicted under this lemporary ban: Propane 01 gas stoves for outdoor cooking Charcoal grills for cooking puposes Tobacco use in: any form, such: as cigarettes and cigars Protection licesedcampgrounds  Campfires containedy within firer rings: atstate, federal, or Department of! Environmental    Enforcement and Fines  Enforcement oft the burn ban willl be carried out by: alls swompolice officers across) Lehigh County. Violations oft the bum ban are treated as as summary offense, witht the following fines stncture:  First Offense: A fine ofupt to $100 Second Offense: A1 fine of up to $200 Third and Subsequent Offenses: A fine ofupt to $300  Ini muicipalities that have existing ordinances prohibiting open burning, police officers have the discretion to issue citations under either the municipal ordinance or the County's bum ban resolution. Please note that violators cannot be cited under both the County: resolution: and: al local  ordinance: for the same infraction.  #H#        4        YACUNGI 1857 TOPROTECTA SERVE POLICE  OCTOBER 2024 ACTIVITY REPORT  POLICE CALLS FOR SERVICE OCTOBER 2024 OCTOBER 2023  MONTH CHANGE -16%  YTD 2221  YTD2023 1833  YTD CHANGE +21%  CURRENT 199  231  ACTIVITY REPORTS  OFFENSES  OCTOBER (CURRENT) 2024 11 3 MONTH 22  2024 YEARTODATE  TOTAL CRIMES REPORTED Misdemeanor or above) TOTAL PERSON(S) CHARGED  TRAFFIC/MOTOR VEHICLE RELATED ENFORCEMENT TRAFFIC RELATED ENFORCEMENT CTATIONS/WARMINGS PARKING TICKETS issued)  YEAR TO DATE  NOTES/OTHER  The Department participated in the semiannual National Drug Take Back The Department completed semiannual firearms qualifications. Officers are currently completing the mandatory curriculum based updates training. Lehigh county purchased security monitoring system is being expanded to  program through the DEA.  include additional coverage for town hall.    October Dispatch Log  Lift Assist-No Injuries Locked in Vehicle-Animal Lockout of Residence Lockout of Vehicle Missing Person Music Complaint MVAI No Injuries MVA Unk Injuries MVA With Injuries Noise Complaint Parking Complaint Pickup-Specify Psych Emergency Reckless Driver Security Check Subject Stop Suspicious Activity Suspicious Package Suspicious Person Suspicious Vehicle Theft Traffic Complaint Unclassified Complaint Unwanted Person Vehicle Stop Visitor Present Grand Total  3 1 3 2 1 1 4 1 1 1 1 1 1 1 1 1 2 1 1 2 1 1 1 1 59 8 199  911 Hangup 911 Investigation Alarm-Burglar Animal Complaint Assist Other Department Check on Welfare Citizen Assist Criminal Mischief Disturbance-specily Domestic Disturbance EMS Call-Abdominal Pain EMS Call-Breathing Problem EMS Call-Chest Pain EMS Call-Fall Victim EMS Call-Medical Alert Alarm EMS Call-Sick Person EMSCal-Unconscious Person EMS Call-Unknown Problem Fire Call-Automatic Fire Alarm Fire Call-Odor in Dwell/Struct Fire Call-Odor Investigation Fire Call-Outside Fire Follow Up Fraud Hit and Run Investigative Patrol  1 1 4. 3 4 12 15 1 2 5 2 2 3 8 3 4 1 1 1 2 1 1 1 14 4 1 1  Fight    Borough of Macungie  Financial Transaction Approval Form  Employee Section Date: 11/18/2024  Name: John Brown  Item: Install (2) new cat5 internet cables to 2nd floor Borough Hall Cost: $1,744.95 Date of Expenditure 11/19/2024 Account Name/Number:, 406450_ Description: Current cables are originals is unsecure needs replacement. They arei failing. Outages are disrupting the work of the Manager and Zoning Officer. Rationale / Project: This equipment was not budgeted in 2024 and will require a transfer.  Check to indicate the Type of Expenditure Revolving Services x Subcontracting Services Equipment or Machinery 74h  Number of Attachments e  Employee Signature  Borough Manager Decision MApproved Denied - Reason:  plcit  Date: 11/18/2024  Approved and Prepared for Council's Decision - Date:  Budgeted  VTransfer Required from 401.131 BH- Wages $ 1750.00  Council Decision Approved Date: Denied - Date:  Water Authority Decision  Revised 04/11/2024    Borough of Macungie Financial Transaction Guide  Emergency?  YES  MANAGER NOTIFICATION  NO  New Perpetual Services?p New Project Proposal?  YES  MANAGER. APPROVAL  YES  COUNCIL APPROVAL  NO  YES  COUNCIL APPROVAL  Over $7,999,99? MANAGER APPROVAL  New Contract Services?  YES  NO Purchases Equipment/Machinen, Over $499.99?  YES  COUNCIL APPROVAL  Over $999.99 MANAGER APPROVAL  YES  NO Materials Over $2,999.99?  YES  COUNCIL APPROVAL  Over $4,999.99 MANAGER APPROVAL  YES  NO  SUPERVISOR APPROVAL  YES  MANAGER NOTIFICATION    ORDINANCE NO. 2024: -03  AN ORDINANCE OF THE BOROUGH OF MACUNGIE, LEHIGH COUNTY, PENNSYLVANIA, AMENDING SECTIONS 274-26.A. AND B. OF THE CODE OF ORDINANCES OF THE BOROUGH OF MACUNGIE BY INCREASING THE FEES FOR SEWER SERVICE AND FURTHER AMENDING SECTION 274-26.E. OF THE CODE OF ORDINANCES OF THE BOROUGH OF MACUNGIE BY AMENDING THE SURCHARGE FEES  FOR CERTAIN WASTES.  WHEREAS, Macungie Borough Council wishes to maintain sewer rates and charges that are equitable and fairly distribute the burden of cost among customers; and WHEREAS, Macungie Borough Council previously adopted Chapter 274 of the Macungie Borough Code ofOrdinances, Sewers, which establishes fees for sanitary sewer  service; and  WHEREAS, all industrial and certain commercial users within the Borough of Macungie with greater than 25,000 gallons per billing period are sampled and tested by Lehigh County Authority to determine the strength of their discharge in accordance with the "User Charger Sampling & Analysis Procedures and Billing Computations"; and  WHEREAS, Lehigh County Authority ("LCA") bills the Borough of Macungie WHEREAS, the Borough of Macungie bills any user with BOD, TSS or TKN discharge in excess oft the Exceptional Strength Limit based on those test results; and WHEREAS, Macungie Borough Council has completed a review of the sewer rates and charges in conjunction with the proposed budgetary needs of the sewer system  based on those test results; and  for fiscal year 2025; and  WHEREAS, the Borough of Macungie has also received notice from LCA of the sewer rates for 2025 and has determined there is a need to adjust the rates accordingly  for the fiscal year 2025 and future fiscal years; and  WHEREAS, the above-referenced review and notification from LCA indicated the need to adjust the sanitary sewer rates, fees and charges to meet the financial requirements necessary to adequately operate the sewer system for the fiscal year 2025  and future fiscal years; and  WHEREAS, Macungie Borough Council wishes to amend Chapter 274 of the Macungie Borough Code of Ordinances, Sewers, by increasing the sanitary sewer fees at    Sections 274-26.A. and B; and  WHEREAS, Macungie Borough Council wishes to amend Chapter 274 of the Macungie Borough Code ofOrdinances, Sewers, by adjusting the surcharge fees for certain  wastes at Section 274-26.E.  NOW, THEREFORE, BE IT ENACTED and ORDAINED by the Borough Section 274-26.A(1) of the Borough of Macungie Code of Ordinances shall be  Council oft the Borough ofMacungie as follows:  I.  amended to: read as follows: $274-26.A.(1)  (1) Sewer fees for sanitary sewage and industrial wastes discharged from any property constituting a commercial establishment, dwelling unit, industrial establishment or institutional establishment shall be assessed quarterly and (a) All properties connected to the Borough's sewer system shall be assessed ai fixed sewer service fee of $75.00 per quarter per EDU: for each billing (b). All properties connected to the Borough'ss sewer system shall be assessed a flow charge of $7.60 per 1,000 gallons per billing unit, which flow shall be determined by a water meter reading at the beginning and end ofthe quarter  based upon the following:  unit.  annum for which the bill is rendered.  II. Section 274-26.B(1) of the Borough of Macungie Code of Ordinances shall be  amended to read as follows: $274-26.B.(1)  (1) Sewer fees for sanitary sewage and industrial wastes discharged from any property constituting a commercial establishment, dwelling unit, industrial establishment ori institutional establishment located outside the Borough limits (a)A All properties connected to the Borough' 's sewer system shall be assessed a fixed sewer service fee of$75.00 per quarter per EDU: for each billing unit; (b). All properties connected to the Borough's: sewer system shall be assessed a flow charge of$7.60 per 1,000 gallons per billing unit, which flow shall be  shall be assessed quarterly and based upon the following:  and,  based on an assumed usage of200 gallons per day.    II. Section 274-26.E. oft the Codeo ofOrdinances oft the Borough of Macungie shall be  amended to read as follows: $274-26. E.  Compufation of sewer fees. Surcharge for Certain Wastes  (1) Commercial establishments, dwelling units, industrial establishments and/or institutional establishments discharging industrial wastes or other wastes having concentrations ofBOD over 300 milligrams per liter ("mg/l") and/or suspended solids over 360 mg/l and/or TKN over 85 mg/l, shall pay a strength of waste surcharge, in addition tot the metered rate at such rate, as  follows:  Surcharge Rates are; BOD TKN  $0.34/lb. $0.42/lb  Suspended Solids to TSS $0.28/lb  Surcharges shalll be determined by the: following formula:  Surcharge = Qx8.34(BOD-300), x $0.34 + (SS-360) x $0.28 + (TKN-85)xS0.42) Where Qi is quarterly or monthly industrial waste flow ini millions of gallons,  8.34i is a constant to convert waste strengths expressed in mg/l ofBOD,SS, TKN or FOG to pounds of BOD, SS, TKN or FOG per million gallons of BOD is the biochemical oxygen demand of the industrial waste in mg/l. SS is the suspended solids oft the industrial waste ini mg/l. TKN: is the total Kjeldahl nitrogen oft the industrial waste ini mg/l. FOG is the total fats, oils and grease concentration oft the waste ini mg/l. Notwithstanding any provision int this section to the contrary, the foregoing strength ofwaste charge shall not, in any event, be less than the respective charges and/or rentals incurred by the Borough and owed to the Lehigh County Authority or other applicable county authority in connection with the sewer system. (2) For purposes of this Subsection E, "other wastes" shall mean all other wastes besides those defined as "industrial wastes" in $ 274-24.  industrial waste.    IV. This Ordinance shall take effect on. January 1,2025.  V. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. VI. In the event that any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance, it being the intent of this Borough that such remainder shall be and shall remain in full force and effect.  ORDAINED and ENACTED this 18th day ofNovember 2024, in lawful session  duly assembled. ATTEST: By: Name: John Brown Title: Borough Manager  BOROUGH OF MACUNGIE LEHIGH COUNTY,PENNSYLVANIA  By:  Name: Ron Karboski Title: Council President  APPROVED by me this  day of  2024.  The Honorable Ronald Conrad, Mayor    BOROUGH OF MACUNGIE  2025  BUDGET  FINAL DRAFT  Vote by Council to Adopt  Is scheduled for November 18, 2024  Council Meeting    BARRY BISETT& associatess 5420 Crackersport Road, Allentown, PA 18104  MULTI-DISCIPLINE 610.398.0904 barryisett.com  ANDO CONSULTANTS 610.481,9098  November 14, 2024 Project # 399920.001  Mr. John Brown, Borough Manager Macungie Borough 12 Locust Street Macungie, PA 18062 Dear Mr. Brown, RE: Fields at Brookside SECURITY RELEASE #4  We have reviewed the items constructed.completed at the site and would recommend the release of security requested by the Kay Builders in their November 5, 2024, letter and Improvements Security Estimate spreadsheet, with the reduction request revisions shown  below.  Current Security Amount Recommended reduction Security Remaining after Reduction  $ $ $  1,936,817.22 229,781.89 1,707,035.34  The attached security estimate, provided with their letter request, shows the items  recommended for release.  Let us know if you need any additional information.  Sincerely yours, Kyz. Stan Wojciechowski, PE Borough Engineer  CC: Rick Koze, Kay Builders Jim Chrin, Kay Builders Melissa Woodruff, Kay Builders  lBaxesamywelyosuyoeRENrLn.  broaksegsoxlgonsuclesauty,radonhyeemeyeuny.son.sdoca    The  Fields  Brookside  Boro of Macungie Mr. John Brown, Borough Manager 21 Locust Street Macungie, PA 18062  November 5, 2024  RE: Security Reduction #4' Thel Fields at Brookside  Mr. Brown,  Iam writing to request a security reduction to the letter ofcredit for The Fields Attached is thei release #4 cost estimate with ouropinions of work completed to date. Please! let me knowi ifyou) have any questions or conçerns regarding this request.  atl Brookside subdivision.  Thank you for your support with this matter, Gh  RichardM. Koze, Jr, Owner The Fields at Brookside  Emai! CC John Brown- Boro of Macungie  Stan Woycicchowsk-Bary Isett & Assoc. Boro Engineer  Brett Slivka - Kay Builders Patrick Armstrong Boro Solicitor    E 225 om 56b 6659605685655556606    88888888885  &  60 o d0  4  5 60855556 55 55 555555555535    599 55558695 55589 sb        1  ORDINANCE NO. 2024-  AN ORDINANCE OF THE BOROUGH OF MACUNGIE, LEHIGH COUNTY, PENNSYLVANIA, AMENDING THE CODE OF ORDINANCES OF THE BOROUGH OF MACUNGIE BY ADDING A NEW SECTION 329-32A, PARKING OF LARGE VEHICLES, IN CHAPTER 329, VEHICLES AND TRAFFIC, REGULATING AND RESTRICTING THE PARKING OF LARGE VEHICLES WITHIN  THE BOROUGH OFI MACUNGIE.  WHEREAS, the Macungie Borough Council has determined that hazardous and unsafe traffic conditions within the Borough exist because Large Vehicles are often parked or stored on or along streets in the Borough. These hazardous and unsafe traffic conditions create a nuisance, reduce visibility and are detrimental tot the public health, safety and welfare ofthei residents and others, impede emergency vehicles (including fire trucks, ambulances, etc.) and interfere with the peaceful and quiet  enjoyment oft the residents in their homes and neighborhoods.  WHEREAS, Macungie Borough Council wishes to amend the Code of Ordinances of Macungie Borough by adding a new Section 329-32A, Parking of Large Vehicles, in Chapter 329,  Vehicles and Traffic, regulating the parking ofl large vehicles within the Borough.  NOW, THEREFORE, BE ITI ENACTED and ORDAINED by the Borough Council oft the BoroughofMacungic that the Code of Ordinances ofMacungie Borough is hereby amended by adding ar new Section 329-32A, Parking ofLarge Vehicles, in Chapter 329, Vehicles and Traffic, to read as  follows: ARTICLEL  Chapter 329, Vehicles and Traffic, Article III, Parking Regulations, of the Code of Ordinances ofMacungie Borough is hereby amended by adding the following new Section 329-32A, Parking of  Large Vehicles:  $329-32A Parking ofLarge. Vehicles  A. Definitions. The following terms and phases shall have the following meanings for purposes of this (1) "Large vehicles" shall mean the following recreational, commercial or private vehicles, as definedi in 75 Pa. C.S.A. $ 102, as amended from time to time: Bus, Articulated Bus, Combination, Construction Truck, Driveaway-towaway Operation, Farm Equipment, Full Trailer, House Trailer, Limousine (capable of carrying ten or more passengers), Maxi-cube Vehicle, Mobile Home, Motor Carrier Vehicle, Motor Home, Recreational Vehicle or' Trailer, Semitrailer, Stinger-steered Automobile or Boat Transporter, Tow Dolly, Tow Truck, Trailer, Truck-camper, Truck Trailer, Tractor, Truck Tractor and Tractor Semitrailer. (2) "Motor Vehicle" shall mean a vehicle which is self-propelled except a self-propelled wheel chair, an electric personal assistive mobility device, or a vehicle which is propelled solely by (3) "Park or Parking" shall mean the halting or temporary storage ofa vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or  Section 329-32A,  human power. Motor Vehicles include Large Vehicles as defined herein.  unloading property or passengers.    2  (4) "Person" shall mean a natural person, firm, partnership, association, corporation or other legal (5)" "Recreational Vehicle" shall mean a vehicle used customarily for human habitation or recreational activities during tours or vacation periods including, but not limited to, travel homes, travel trailers, motor homes, truck campers, tent campers, trailers, boats and trailers,  entity.  snowmobiles and trailers, and any other similar vehicle.  (6) "Private Vehicle" shall mean a vehicle used: for domestic non-commercial use.  (7) "Street" shall mean any road, avenue, highway, court, cul-de-sac, alley, public way or public square used as aj public thoroughfare within the municipal limits ofthe Borough of Macungie. (8) "Tractor" shall mean a truck cab and chassis without a body that is equipped with a fifth  wheel and used for pulling a semitrailer.  (9) "Trailer" shall mean a vehicle designed to be towed by ai motor vehicle.  (10)"Tractor Semitrailer" shall mean a combination vehicle consisting ofaj power unit (tractor) and semitrailer and which is primarily used for the transportation of goods, merchandise and materials, and which, when in combination or on its own, totals thirty (30) feet or more in length. This term is commonly referred to as a "tractor trailer" or an' "18 wheel" vehicle.  B. Purpose.  The Macungie Borough Council has determined that hazardous and unsafe traffic conditions within the municipal limits oft the Borough exist because Large Vehicles are often parked on streets in the Borough. These hazardous and unsafe traffic conditions create a nuisance and are detrimental to the public health, safety and welfare oft the residents oft the Borough of Macungie and others, impede emergency vehicles (including fire trucks, ambulances, etc.) and interfere with the peaceful and quiet enjoyment oft the residents of] Macungie Borough ini their homes and neighborhoods. The Borough Council has determined that the adoption oft this Section is  necessary to: remediate the foregoing.  C. Enforcement.  This Section 329A shall be enforced by the Macungie Borough Police Department and its police officers and/or other enforcement officer ofthel Borough granted authority to enforce this Chapter  oft the Macungie Borough Code of Ordinances. D. Parking ofLarge Vehicles Prohibited.  (1) No person shall park, cause to be parked and/or permit to be parked any Large Vehicleas defined herein on or along any public street within the municipal limits of the Borough of (2) Nothing in this Section shall be intended to prohibit the temporary parking of any truck or truck trailer or tri-axle vehicle for the purpose oft the delivery or pick-up ofi merchandise, material, or goods provided that the parking ofsaid vehicle shall terminate immediately upon conclusion of the delivery or pick-up ofmerchandise, material or goods.  Macungie.    3  (3) Its shall be unlawful for any Recreational Vehicle to be occupied for living purposes within the Borough ofMacungie, whether located on a public street, public property or private property, except for aj period ofi not to exceed 721 hours ifthe owner ofthe Recreational Vehicle is visiting the owner oft the property wherein the Recreational Vehicle is parked. In no event shall the Recreational Vehicle be parked on and/or along a public street. During the above-referenced 72-hour period, the Recreational Vehicle shall only be parked on the private property owned by the individual being visited and only in a location permitted by other relevant Borough ordinances, including but not limited to Chapter 345, Zoning.  D. Exceptions. The regulations set forth in this Section shall not apply to: (1) Emergency vehicles as defined by 75 Pa. C.S.A. $ 102.  (2) Borough-owned motor vehicles.  (3) Motor vehicles operated by the U.S. Postal Service.  (4) Motor vehicles actively engaged in the construction or repair of streets, curbs, sidewalks, or (5) ALarge Vehicle may be parked on a street ori in any driveway on a residential lot with the permission oft the owner ofs such lot for the purpose ofloading or unloading the vehicle and/or (6) The temporary parking of any truck or truck trailer or tri-axle vehicle for the purpose oft the delivery or pick-up ofmerchandise, material, or goods provided that the parking ofs said vehicle shall terminate immediately upon conclusion of the delivery or pick-up of  utilities.  for temporary visiting not to exceed twenty-four (24) hours.  merchandise, material or goods.  (7) The following vehicles shall not be considered a Large Vehicle for purposes oft this Section  329-32A:  a. Camper vans and/or Class B: motorhomes not exceeding Ewenty-one  (21  ) feet in length and seven (7): feet in width.  b. Pickup trucks not exceeding twenty-one and seven (7): feet in width.  (24  ) feet in length  E. Violations and Penalties.  (1) Any person who violates the provisions of this Section shall be subject to a summary criminal proceeding before the magisterial district justice. Upon finding ofa a violation, a: fine shall be imposed ofnot less than $100 nor more than $500, together with court costs and reasonable attorney fees incurred by the Borough of Macungie in the prosecution ofthe violation. Any person who fails to pay the fines, court costs and attorney fees within 30 days oft the imposition thereofmay be subject to imprisonment for a period oftime not to exceed 15 days. (2) For any subsequent offense, aj person shall be: subject to a summary criminal proceeding before the magisterial district justice and upon conviction, shall bei fined not less than $500 nor: more than $1,000, plus costs of prosecution and reasonable attorney fees ort to  imprisonment for not more than ninety (90) days or both.    4  (3) Each day in which a violation occurs or continues shall be deemed a separate violation  hereof. ARTICLEII.  The proper authorities of the Borough are authorized and directed to erect the appropriate parking restriction and information signs andormatkingsrelaing tot the regulations established by this Ordinance, and to do sO in conformity with the provisions oft the Pennsylvania Vehicle Code.  ARTICLE III.  REPEALER.  All ordinances or parts of ordinances that arei inconsistent herewith are hereby repealed.  ARTICLEIV.  SEVERABILITY.  Ifany section, paragraph, sub-section, clause or provision of this Ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity oft this Ordinance as a whole o1 any part thereof other than that portion specifically declared  invalid. ARTICLE V.  EFFECTIVEDATE  This Ordinance shall become effective on the earliest date permitted by law after its adoption.  ATTEST:  BOROUGH OF MACUNGIE LEHIGH COUNTY, PENNSYLVANIA  By: Name: John Brown Title: Borough Manager APPROVED by me this  By:  Name: Ron Karboski Title: Council President  day of  2024.  The Honorable Ronald Conrad, Mayor    AGREEMENT FOR HIGHWAY OCCUPANCY PERMIT. APPLICATION  THIS AGREEMENT FOR A HIGHWAY OCCUPANCY PERMIT APPLICATION ("Agreement") is made this 14 day of Nivemkev, 2024, by and among MAVIS TIRE SUPPLY, LLC, a Delaware limited liability company, having an address  of358 Saw Mill Road, Millwood, New York 10546 ("Developer"),  AND  THE BOROUGH OF MACUNGIE, a Borough in the Commonwealth of Pennsylvania, situate in Lehigh County, Pennsylvania, having an address of 21 Locust Street, Macungie,  Pennsylvania 18062 ("Borough").  WHEREAS, Developer is the equitable and/or legal owner of a one (1) acre portion of property situate in Macungie Borough, Lehigh County, Pennsylvania, identified by a deed of record in the Office of the Recorder of Deeds of Lehigh County, Pennsylvania, located at the southeast comer of] Main Street and West End Trail, Macungie and identified as part of Lehigh  County PIN: Number 547368970333 (hereinafterreferred to as the' "Property");  WHEREAS,Develper is the equitable and/or legal owner oft the Property;  WHEREAS, Developer has applied for land development approval for the Property and desires to develop the Property in accordance with the land development plan for Mavis Tires at Main Street Commons, said plan being prepared by JHA Companies and identified as "Mavis Tires at Main Street Commons", dated April 21, 2023, last revised May 6, 2024, consisting of22 sheets, which plan was conditionally approved by the Borough as set forth in the Conditional ApprovalLetter from the Borough Manager dated June 4, 2024 "Development").    WHEREAS, Developer proposes to install certain improvements and/or perform certain  construction activities within and/or along S.R. 100 as part ofthe! Development;  WHEREAS, the aforementioned June 4, 2024 Conditional Approval Letter is valid and  enforceable and is specifically incorporated herein by reference as if attached hereto;  WHERLAS, Developer desires to install the improvements and/or perform certain construction activities within the Borough as depicted on the Highway Occupancy Permit Plans Miscellaneous Permit, 178 West Main, LP, prepared by JHA Companies and as otherwise set forth in Highway Occupancy Permit Application #347983 ("Application"), said improvements to  bel hereinafter: referred to as "HOP Improvements";  WHEREAS, Developer's proposed HOP Improvements referenced and/or otherwise set forth within the Application shall be required to be approved by the Pennsylvania Department of  Transportation ("Penn DOT") and the Borough;  WHEREAS, Developer has asked the Borough to be the applicant or co-applicant for the Application for the Highway Occupancy Permit ("HOP") in relation to the Development and the  HOP Improvements;  WHEREAS, Developer shall be responsible for providing funding to the Borough to offset future maintenance, repair, replacement and reconstruction costs associated with the HOP  Improvements installed under the above-referenced Application and HOP;  WHEREAS, the above-referenced June 4, 2024 Conditional Approval Letter relating to the Development also holds Developer responsible for the design, construction, maintenance, repair, replacement and reconstruction costs associated with the HOP Improvements;  WHEREAS, Developer and Borough now desire, through this Agreement, to allocate the rights and responsibilities between each other for the submission of the Application and the  2    design, construction, maintenance, repair, replacement and reconstruction cost of the HOP Improvements to be constructed should Penn DOT issue the applied for HOP and to provide for the indemnification oft the Borough for any and alll liability related to the matters set forth! herein; WHEREAS, Developer, should it proceed with the Development, agrees to and shall design and adequately construct the HOP Improvements provided for within the Application should Penn DOT issue the applied for HOP, in accordance with the plan approved and accepted by Penn DOT and the Borough titled "Highway Occupancy Permit Plans Miscellaneous Permit, 178 West Main, LP", as amended and/or otherwise approved by the Borough (the "HOP Plan"); WHEREAS, Developer, should it proceed with the Development, agrees to and shall provide the requisite financial security with Penn DOT and/or the Borough prior to the recordation of the above-referenced land development plan, in order to ensure the HOP Improvements shown on thel HOP Plan and set forth within the Application are completed should  Penn DOT issue the applied for HOP.  WHEREAS, upon execution, this Agreement shall be recorded in the Office of the  Recorder of] Deeds ofLehigh County, Pennsylvania.  NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and further intending to be legally bound thereby, the parties hereto agree as  follows:  The: foregoing recitals are: incorporated. herein and made aj part hereof  ARTICLEI  PLANNING, CONSTRUCTION, AND MAINTENANCE! RESPONSIBITTES  1.01. Developer agrees to and shall be responsible, at its own cost and expense, for the design of the HOP Improvements depicted on the HOP Plan and/or described in the Application  3    required for the above-referenced HOP, the. Development of the Property and the preparation and  submission oft the Application to Penn DOT for the associated. HOP.  1.02. Developer agrees that any design of such HOP Improvements shall comply with all applicable building and other codes, industry standards, laws, regulations and ordinances.  1.03. Developer agrees that the Borough, or its engineer, shall have the right to review and make changes to the proposed design of the HOP Improvements and to the proposed HOP Plan and Application for the associated HOP before submission and/or resubmission to Penn DOT. Developer agrees to reimburse the Borough for all costs associated with the Borough's review of the design and application and inspections during construction of the HOP Improvements, including but not limited to all professional consultant services fees.  1.04. Upon receipt of the HOP, and Developer proceeding with the Development, Developer agrees to and shall construct the HOP Improvements in accordance with any and all approvals required and received from the Borough and/or Penn DOT and otherwise construct such improvements in accordance with the HOP and HOP Plan and all applicable Borough  ordinances, building codes, industry standards, regulations and laws.  1.05. Notwithstanding any and all responsibilities of Developer under a Development and Financial Securities Agreement associated with the Development, Developer agrees to be responsible, at its own cost and expense, for regularly maintaining or replacing the installed HOP Improvements as necessary or when the Borough and/or Penn DOT determine that maintenance  or replacement: is necessary.  1.06. Developer agrees to adequately insure any and all HOP Improvements and all portions of the Property with the above-referenced HOP Improvements and the immediate surrounding property in a manner and amount acceptable to the Borough and shall further have  4    the Borough named as an additional insured. To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless the Borough and its professional advisors, agents, servants, workmen and employees from and against all suits, claims, actions, damages, losses and expenses, including, but not limited to, reasonable attorneys' fees, and all suits, claims, actions, workers' compensation claims, damages, losses and expenses brought by any third parties, and/or employees of Developer or contractors and subcontractors of] Developer, and for all costs or liability to which the Borough may be held responsible, and for any injury or alleged injury to the person or property of another resulting from negligence or carelessness arising out of or resulting from the construction, operation, maintenance or failure of the HOP  Improvements that are the subject oft the. Application and HOP.  1.07.In the event Developer neglects, fails or refuses to maintain or replace the installed HOP Improvements as necessary or when the Borough or Penn DOT determines that maintenance or replacement is necessary, then the Borough may correct said deficiencies and Developer shall be required to reimburse Borough for all costs of said corrections, including administration, attorney and engineering fees, together with any additional payment authorized by law. Said costs may be collected by the Borough from the HOP Maintenance Financial Security referenced below and/or from Developer by an action in assumpsit, a municipal lien, or  as otherwise permitted by law.  1.08. Developer agrees that all construction completed in relation to the improvements required under this Agreement, the above-referenced Development, and the HOP Improvements shall be under the supervision of Developer's registered professional engineer but subject to inspection by the Borough. Developer's professional engineer shall submit a certification of the work prior to any acceptance by Borough. The name and address of] Developer's registered  5    professional engineer shall be submitted to the Borough simultancously with the execution of this Agreement. Nothing herein shall prevent Developer from employing different registered professional engineers hereunder, provided the terms of this Agreement are complied with in  every respect.  Developer agrees to provide the Borough with a full and complete set of' "as built" survey drawings for any HOP Improvements and an explanation of any discrepancies with the design plans. Said "as buill" plans shall show the location, material type, sizes and invert elevations of all improvements and anything else required by Borough in relation to the HOP Improvements.  ARTICLEII DEVELOPER'S SECURITY  2.01. Should Penn DOT issue the applied for HOP, and Developer proceed with the Development, Developer shall be required and hereby agrees to and shall provide and post the requisite financial security with Penn DOT and/or the Borough for the construction of the HOP Improvements and/or other HOP required improvements. In the event such financial security is not posted with Penn DOT for all of the above-referenced improvements, the same shall be posted with the Borough after providing the Borough with an acceptable and Borough approved  construction cost estimate.  Additionally, should Penn DOT issue the applied for HOP, and Developer proceed with the Development, Developer shall be required and hereby agrees to provide and post the requisite financial security for the maintenance concerning the HOP Improvements. The financial security required for maintenance under this paragraph shall be in the form of (a) a deposit ofi funds into an Escrow Account maintained by the Borough, or (b) the posting ofa letter of credit in a form and amount satisfactory to thel Borough; or (c) the posting ofal bond in a form  and amount satisfactory to the Borough.  6    2.02. Financial Security for Maintenance.  (A) Should Penn DOT issue the applied for HOP, and Developer proceed with the above- referenced Development, Developer agrees to plaçe into a Borough held escrow account and/or establish an irrevocable letter of credit and/or provide al bond in an amount to be determined by the Borough for the sole benefit of the Borough, for the exclusive purposes hereinafter set forth (the "HOP Maintenance Financial Security"). This HOP Maintenance Financial Security shall have no impact on Developer's obligation to post the requisite financial security required under the Borough's SALDO and the PA MPC for the proposed Development, which shall be set forth in a Development and Financial Security Agreement at the time of final land development plan approval and/or prior to such plan recordation. The amount of such HOP Maintenance Financial Security shall be at least 15% of the estimated construction cost of the HOP Improvements and shall remain that amount for the first 18 months following construction, after which the amount may be reduced to ten percent (10%) of the estimated construction cost of the HOP Improvements, as determined by the Borough. The receipt of the amount of the requisite escrow and/or the establishment of the requisite letter of credit or bond will be acknowledged by the Borough when sO confirmed. The HOP Maintenance Financial Security shall be used for the maintenance of the HOP Improvements associated with the Development. Such HOP Management Financial Security shall be posted with the Borough prior to any permits being issued, any construction taking place, recording the above-referenced plan and/or final land  development approval.  (B) Developer agrees that the HOP Maintenance Financial Security shall be used to reimburse the Borough for any and all: reasonable and actual expenses, fees and charges incurred by the Borough for maintenance, repair, replacement, or reconstruction of the HOP  7    Improvements that are the subject of the above-referenced HOP relating to the Development. The Borough shall be permitted to utilize the funds in the HOP Maintenance Financial Security to pay for maintenance, repair, replacement, or reconstruction of the HOP Improvements only after the Borough has notified Developer in writing of the need to perform maintenançe, repair, replacement, or reconstruction oft the HOP Improvements. Developer shall have ten (10) business days from the date of the Notice to begin such action on the HOP Improvements. However, in the event of an emergency, which shall be reasonably determined by the Borough, the Borough shall be permitted to perform the necessary work prior to the above-referenced ten (10) day notice period and Developer shall reimburse the Borough for such work in accordance with this  Agreement.  (C) The balance of the HOP Maintenance Financial Security shall at no time be in an amount of less than fifty percent (50%) of the requisite amount of the HOP Maintenance Financial Security ("Minimum Balance"). In the event that the balance oft the HOP: Maintenance Financial Security falls below the Minimum Balance, the Borough shall require that Developer deposit in the Escrow Account and/or increase the letter of credit or bond, within ten (10) business days after receipt of the Notice ofI Deficiency from the Borough, the difference between the then current balance and the original escrow amount. Ati its sole discretion, the Borough shall review the HOP Maintenance Financial Security on an annual basis and may require a reasonable increase in the Minimum Balance by Developer, after taking into account all relevant factors, including inflation, estimated maintenance, repair, replacement and reconstruction costs, the financial condition ofDeveloper, and any material alteration oft the property serviced by the HOP  Improvements.  8    (D) Subject to the requirements of this Agreement, the Borough shall have the sole discretion when, or if, the funds in the HOP Maintenance Financial Security are released to  Developer, as applicable.  (E) Should Developer fail to adequately fund the above-referenced financial security and/or reimburse the Borough, Developer hereby agrees the Borough may file a municipal lien  against the Property for the applicable amount.  ARTICLEII GENERALTERMS  3.01. Any notice to be given hereunder shall be deemed given when personally delivered to the party to receive such notice, or when mailed postage prepaid, by registered or certified  mail at the following address:  Macungie Borough - 21 Locust Street, Macungie, PA 18062  Mavis Tire Supply, LLC-258: Saw Mill River Road, Millwood, NY 10546 3.02. This Agreement will bei interpreted according to the laws of the Commonwealth of  Pennsylvania.  3.03. This Agreement represents the entire understanding of the parties with respect to  the subject matter ofthis Agreement.  3.04. This Agreement may be amended, modified or supplemented only by the written  agreement between the parties.  3.05. This Agreement and all rights under it will be binding on and inure to the benefit of  and be enforceable by the successors and assignees ofthel Borough and Developer.  3.06. Developer shall promptly notify the Borough of any material changes in ownership ofDeveloper and provide any information about that change in ownership reasonably  required by the Borough.  9    3.07. Developer and Borough agree that this Agreement shall be recorded in the Recorder ofDeeds' Office ofLehigh County. This recording shall be evidence oft the obligations of the parties concerning the Property which shall be binding on all subsequent owners thereof, The costs associated with the recording of this Agreement shall be the sole responsibility of Developer. Developer shall provide the Borough with the receipts of said recordation  immediately after recording the same with the Recorder of Deeds.  3.08. Developer understands and agrees that prior to recording the above-referenced plan, Developer will need to enter into a Financial Security and Land Development Agreement and Stormwater Maintenance and Monitoring Agreement with the Borough to ensure all required improvements associated with the Development are completed and properly maintained.  3.9. Developer shall be solely responsible for securing any and all required easements  necessary in relation to the HOP: Improvements.  3.10. This Agreement and the obligations and requirements contained herein shall continue and be valid and enforceable in perpetuity and shall run with the Property, unless  otherwise agreed to by the) Borough in the: future.  3.11. This Agreement may not be assigned by Developer either voluntarily or involuntarily without the prior written consent of the Borough, which shall not be unreasonably  withheld, including but not limited to any successor-in-title to the property.  3.12. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, unenforceable, unconstitutional, or void for any reason, only such provision shall be illegal, invalid, unenforceable, unconstitutional, or void and the  remainder ofthis Agreement shall be in full force and effect.  10    3.13. Ifa any ambiguity or ambiguities in this Agreement or any other Agreement between the parties hereto concerning the Development should be claimed by either party, ori ifa any court should determine that any ambiguity exists in this Agreement or in any other Agreement between the parties relative to the Development, any such ambiguity shall be resolved in favor of  Borough and against Developer.  (Signatures Appear on Next Page)  11    ATTEST:  Macungie! Borough:  John Brown, Macungie Borough Manager  COMMONWEALTH OF PENNSYLVANIA)  COUNTY OF On this  )ss:  day of  20  before me, the undersigned  authority, personally appeared John Brown, known to me (or satisfactorily proven) to bet the Manager ofMacungie Borough, the person whose: name: is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, Ih hereunder set my hand and official seal.  Notary. Public  13    Thej parties hereunto set their hands and seals this  day of Nov_20,4.  ATTEST:  DEVELOPER MAVIS TIRE SUPPLY, LLC  Mnr  Name: Anthony Svgs  Title: Chief Develpneat Officer  STATE OF NEW YORK COUNTY OF WDeshchester  ) S SS: )  On this 14 day of Nveber authority, personally appeared Aalayayr  2024, before me, the undersigned known to me (or satisfactorily  proven) to be dDatptfin Tire Supply, LLC, the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the  purposes therein contained.  IN WITNESS WHEREOF, Ih hereunder set my hand and official seal.  EVIE THOMPSON Notary Public- State of New) York NO, 01TH0013091 Qualifiedi in' Westchester County My Commission Expires Sep! 5, 2027  MEE  12