Jim Thorpe Borough Council voted to approve an emergency resolution and purchase order last week to buy a new rooftop HVAC unit for the Memorial Hall kitchen, a decision that allows the borough to bypass standard public bidding procedures for the nearly $28,000 expenditure.

The resolution was passed following a tense debate over whether the condition of the broken unit — which had reportedly been non-functional for years — constituted an immediate “freeze threat” to borough property, a classification legally required to waive the competitive bidding process.

Two council members, President Greg Strubinger and Connor Rodgers, voted against the resolution to declare the situation an emergency and the $27,376 purchase order with Shawn Kresge Services.

The issue, according to borough administration, stems from recent building renovations that changed the heating dynamics. Memorial Hall was recently renovated in part to accommodate new borough office space.

“The administration area no longer reflects heat into the kitchen area,” Councilman Mike Yeastedt said, referencing the previous Memorial Hall layout. “So the only heat you currently have now is what these two RTUs are producing here.”

Because the specific rooftop unit servicing the kitchen is “shot,” Yeastedt noted, the plumbing and pipes in the area were now vulnerable to damage as cold weather approached.

“Unless there’s an emergency ... that there’s a danger to the community, or in this case, a danger to the property, because without the heat at this time of year, it could be very risky,” solicitor James Nanovic advised, outlining the legal statute that permits the emergency designation. “There isn’t a lot of case law on this.”

Dissent and transparency concerns heard

The move to bypass the competitive bidding process, typically required for expenditures exceeding approximately $23,800, was met with sharp dissent from some council members who emphasized the need for fiscal transparency.

“I would like to see us put it out to a public bid to ensure that we get the best, cost-effective price on this,” Strubinger said.

Strubinger questioned the sudden classification of the problem as an emergency, noting the unit’s long history of failure.

“That unit hasn’t been functioning for about seven or eight years,” he said, adding, “I don’t believe there’s a freeze threat.”

Rodgers expressed concern about the lack of communication that preceded the emergency resolution.

“I’m just concerned because of the fact that this was considered an emergency, and council wasn’t made aware,” he said. “There’s something that’s missing here.”

Portable heaters not deemed feasible

The possibility of using temporary measures, such as renting portable electric heaters while a public bid was processed, was raised but ultimately dismissed by proponents of the resolution due to concerns about cost and efficiency.

“If you rent a portable (heater), you’re going to have costs involved,” Councilman Ted LaRizzio said. “By the time you get this set, plus the rental and everything else that goes along with it, you’re probably going to exceed the $28,000.”