Borough Council Meetings

December 5, 2022 126 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on December 5, 2022 in temporary Council Chambers, located at 420 S. 10th Street, Emmaus, PA 18049 and via Zoom. CALL TO ORDER Mr. Labenberg called the meeting to order at 7:00 p.m. Brent Labenberg, President Present Chris DeFrain, Vice President Absent Roy Anders Present Chad Balliet Present Shana Baumgartner Present John W. Hart Present Teri Sorg-McManamon Present LeeAnn Gilbert, Mayor Present Jason Ulrich, Solicitor Present Shane Pepe, Borough Manager Present Sara Jarrett-Eaton, Asst. Borough Manager Present PERSONAL APPEALS, PART I - None. COMMUNITY MINUTE Mrs. Sorg-McManamon thanked the Emmaus Main Street Partners and the East Penn Chamber of Commerce for the success of the Old Fashioned Christmas event. She stated that it was a rainy day, but there was an outstanding turnout. Mr. Balliet joked that Santa was concerned where he was going to park the sleigh and reindeer and Mr. Balliet told him that parking was “on the house.” SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Ms. Baumgartner, seconded by Mr. Anders to adopt the November 21, 2022 Council Minutes as drafted. There were 6 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS a. Alison Spagnoletti – Letter of Resignation from the Emmaus Arts Commission. b. Hanover Engineering – Request for Reappointment as the Borough Utility Engineer. December 5, 2022 127 EMMAUS BOROUGH COUNCIL c. Hanover Engineering - Request for Reappointment as the Borough Sewage Enforcement Officers. d. Alison Fox – Letter of Resignation from the Emmaus Arts Commission and Recreation and Entertainment Commission. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS Ordinance No. 1233 – An Ordinance Amending Pursuant to 8 PA.C.S. §1304, Establishing a Street Light Fund for the Borough of Emmaus (1st Reading 12/5/22). Mr. Pepe explained that the Borough currently pays for its streetlights out of the Liquid Fuels Account, which is allowable, but he believes inappropriate. He explained that the Liquid Fuels Account is designed for street work. He stated that streetlights should be paid by a street light tax and that most municipalities have a street light tax. He stated that having a street light tax will free up $120,000.00 to perform street work. He explained that the condition of the Borough’s roads was the number one complaint that Mr. Labenberg received when he was campaigning door-to-door. Mr. Pepe explained that part of the entire budget process was trying to allocate funds for street work, and this was a way to accomplish this. Mr. Labenberg clarified that $120,000.00 was allocated for street work in the 2023 budget. Motion by Mr. Anders, seconded by Mr. Balliet to adopt Ordinance No. 1233 – An Ordinance Amending Pursuant to 8 PA.C.S. §1304, Establishing a Street Light Fund for the Borough of Emmaus on its 1st Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye. There were 6 ayes. Motion carried. Ordinance No. 1234 – An Ordinance Amending Chapter 26, Section 105 and 106 of the Codified Ordinances, Dealing with the Water Rate Schedule and the Billing and Collection Procedures for the Borough of Emmaus, Pennsylvania (1st Reading 12/5/22). Mr. Pepe stated that the proposed rate increases that Borough Council is considering reflects the cost of PFAS mitigation and the need for significant repairs to the Borough’s water tanks. He explained that the Borough has examined every possibility for PFAS removal from its water and the cost estimate ranges from $1.6 million to over $30 million, depending on the option that is chosen. He stated that it is the Borough’s estimate on the most feasible and accepted solution will cost between $1.6 million and $2 million for the initial capital outlay. He December 5, 2022 128 EMMAUS BOROUGH COUNCIL explained that the average water usage is 4,000 gallons per person and the average house of 4 uses 16,000 gallons of water per quarter. He stated that the rate for the 1st 40,000 gallons will increase from $2.50 to $3.15, and that this will be an increase of approximately $41.60 per year for a household of 4. He explained that the Borough is also creating a water infrastructure account due to the increased maintenance of the Borough’s water tanks and PFAS remediation. He explained that the water infrastructure rate will be the same rate as the sewer infrastructure rate. He further explained that the overall increase in water rates will be $101.60 per 4 person household, per year. ($60 infrastructure rate + $41.60 usage rate.) Ms. Baumgartner suggested discussing the Borough’s water rates in comparison to other municipalities in the area. Mr. Pepe stated that this increase keeps the Borough at the lower end of all rates in the entire Lehigh Valley. He emphasized the necessity to fund the much-needed infrastructure improvements. Mr. Labenberg directed the Budget & Finance Department to review the idea of creating an ordinance to address future water rates by resolution. Motion by Mr. Hart, seconded by Mr. Balliet to adopt Ordinance No. 1234 - An Ordinance Amending Chapter 26, Section 105 and 106 of the Codified Ordinances, Dealing with the Water Rate Schedule and the Billing and Collection Procedures for the Borough of Emmaus, Pennsylvania on its 1st Reading. Roll call vote: Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye; Mr. Anders, aye; Ms. Baumgartner, aye; Mrs. Sorg-McManamon, aye. There were 6 ayes. Motion carried. Ordinance No. 1235 – An Ordinance Amending Chapter 18 Sewer, and Sewage Disposal Rates of the Code of Ordinances of the Borough of Emmaus, Pennsylvania for the Fiscal Year 2023 (1st Reading 12/5/22). Mr. Pepe explained that the rate for 1,000 gallons of sewer will increase from $2.80 to $3.75 per 1,000 gallons. He explained that the Borough’s sewer rates are in the lower to middle range of rates for the Lehigh Valley. He explained that the typical household of 4 uses 16,000 gallons of water per quarter and that sewer rates are based on the water usage. He stated that the increase would be $15.20 per quarter, or $60.80 per year for a family of 4. He explained that the increase is due to the continued I&I efforts and the federal and state mandates requiring the Borough to remove storm water from the sewer system. He stated that the amount of storm water that is infiltrating the sewer during storms is still unacceptable. He explained that the Borough is preparing to borrow $4 million to continue to address improving sewer mains and manholes to reduce the amount of storm water entering the system. He stated that if the percentage of water hitting the sewer during a storm does not improve greatly, the Borough will be required to pay a greater percentage towards the planned upgrades at the Allentown Klines Island Sewer Plant. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Ordinance No. 1235 – An Ordinance Amending Chapter 18 Sewer, and Sewage Disposal Rates of the Code of Ordinances of the Borough of Emmaus, Pennsylvania for the Fiscal Year 2023 on its 1st Reading. Roll call vote: Mr. Anders, aye; Mr. Labenberg, aye; Mr. Hart, aye; Ms. December 5, 2022 129 EMMAUS BOROUGH COUNCIL Baumgartner, aye; Mrs. Sorg-McManamon, aye; Mr. Balliet, aye. There were 6 ayes. Motion carried. Ordinance No. 1236 – An Ordinance Levying Taxes for the Fiscal Year 2023 for the Borough of Emmaus at the Rate of 8.1815 Mills Pursuant to Section 1310 of the Borough Code of the Commonwealth of Pennsylvania and a Revenue Neutral Levy Based on the 2013 Lehigh County Tax Reassessment, Split Between the General Fund Tax of 6.3154 Mills, a Fire Fund Tax of 1.3961 Mills, a Special Roads Fund Tax of 0.32 Mills, and a Street Light Fund Tax of 0.15 Mills. (1st Reading 12/5/22). Mr. Pepe explained that there is no increase to the General Fund Tax or the Fire Fund Tax. He stated that to generate the $120,000 revenue need for streetlights, a Street Lighting Tax of 0.15 mills has been established. He explained that this is an additional $29.93 per household assessed at $200,000. He also explained that a Special Road Fund was previously established and a Special Road Fund Tax of 0.32 mills has been established, which is a specific tax for nothing but road work. The tax will generate approximately $250,000 per year specifically for street work in the Borough. He stated that this is an additional $64.00 per household assessed at $200,000. He stated that the total tax impact from new taxes per household that is assessed at $200,000 would be $93.93, which is an increase of approximately 6.2%. Motion by Mr. Hart, seconded by Mr. Balliet to adopt Ordinance No. 1236 - An Ordinance Levying Taxes for the Fiscal Year 2023 for the Borough of Emmaus at the Rate of 8.1815 Mills Pursuant to Section 1310 of the Borough Code of the Commonwealth of Pennsylvania and a Revenue Neutral Levy Based on the 2013 Lehigh County Tax Reassessment, Split Between the General Fund Tax of 6.3154 Mills, a Fire Fund Tax of 1.3961 Mills, a Special Roads Fund Tax of 0.32 Mills, and a Street Light Fund Tax of 0.15 Mills on its 1st Reading. Roll call vote: Mr. Hart, aye; Mr. Balliet, aye; Mrs. Sorg- McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Labenberg, aye. There were 6 ayes. Motion carried. Mr. Labenberg stated that the 2nd reading of Ordinance Nos. 1233, 1234, 1235, and 1236 will be held at the December 19, 2022 Council Meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Progress.  December 5, 2022 130 EMMAUS BOROUGH COUNCIL COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that there is nothing for official action tonight and reminded everyone that December 9th is the last day for leaf collection. Mr. Anders reported that the next Committee meeting is Wednesday, December 21, 2022 at 4:00 p.m. via Zoom. Progress. b. Health, Sanitation, and Codes Committee Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to hold the 2023 Dumpster Day on September 16, 2023 at the Fire Training Grounds. There were 6 ayes. Motion carried. Motion by Mr. Balliet, seconded by Mr. Hart to hold the 2023 Household Hazardous Waste Day on October 21, 2023 at the Emmaus Community Park. There were 6 ayes. Motion carried. Ms. Baumgartner asked why the events were going to be separate events and why there will be two different locations. Mr. Balliet explained that Whitetail Disposal handles the Dumpster Day, and it is too complicated to separate all the items and to hold the events on the same day. Mr. Pepe responded that it is impossible logistically to hold the events together. Mayor Gilbert asked what the hours of the Household Hazard Waste Day will be. Mr. Balliet responded that the hours will be 8:00 a.m. to 1:00 p.m. Mr. Pepe stated that the events will be held rain or shine. Mr. Balliet entertained questions about the meeting notes and reported that the next Committee meeting is Wednesday, December 28, 2022 at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there is nothing for official action tonight. She stated that the next Committee meeting is December 6, 2022 at 4:45 p.m. via Zoom. Progress.  December 5, 2022 131 EMMAUS BOROUGH COUNCIL d. Public Safety Committee Mr. Hart reported that the Public Safety Committee did not meet in November and the next Committee meeting is December 29, 2022, at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Mr. Labenberg reported that the next Committee meeting is December 15, 2022 at 9:00 a.m. He stated that the meeting will be held live to conduct interviews. Progress. f. Budget & Finance Committee Resolution 2022-50 authorizing payment of the December 5, 2022 bill list as follows: Bill List $ 173,390.68 Payroll #24 $ 172,215.12 Payroll Taxes $ 55,267.41 Total $ 400,873.21 Done this 5th day of December 2022. Motion by Mr. Hart, seconded by Ms. Baumgartner to adopt Resolution 2022-50. There were 6 ayes. Motion carried. Motion by Mr. Hart, seconded by Mr. Balliet to authorize Mr. Pepe to advertise the Borough of Emmaus proposed 2023 Budget. There were 6 ayes. Motion carried. Mr. Hart reported that the next Committee meeting is December 15, 2022 at 11:00 a.m. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that there is nothing for official action tonight and that the next Committee meeting is Monday, December 12, 2022 at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II - None. December 5, 2022 132 EMMAUS BOROUGH COUNCIL BOROUGH MANAGER’S REPORT Mr. Pepe reported that the Borough hired Evelyn Keogh as a Fire Fighter 2/EMT and Giovanni Sicurello, and Daniel Rivera as Probationary Fire Fighters. Progress. PRESIDENT’S BUSINESS Progress. ADJOURNMENT Motion by Mr. Balliet, seconded by Mr. Hart to adjourn the December 5, 2022 Emmaus Borough Council Meeting. There were 6 ayes. Motion carried. The meeting was adjourned at 7:40 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant December 7, 2022