Borough Council Meetings

December 19, 2022 133 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on December 19, 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 7:03 p.m. Brent Labenberg, President Present Chris DeFrain, Vice President Present – via Zoom Roy Anders Present Chad Balliet Present Shana Baumgartner Present John W. Hart Present Teri Sorg-McManamon Present LeeAnn Gilbert, Mayor Present Mike Horvath, Solicitor Present Shane Pepe, Borough Manager Present Sara Jarrett-Eaton, Asst. Borough Manager Present PERSONAL APPEALS, PART I - None. COMMUNITY MINUTE – None. SPECIAL PRESENTATIONS Mayor Gilbert issued the Oath of Office to Police Officer Timothy Kline. Mr. Labenberg called for a brief recess at 7:06 p.m. and reconvened the meeting at 7:11 p.m. READING OF MINUTES Motion by Mr. Hart, seconded by Mr. Anders to adopt the December 5, 2022 Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS a. Theodore Iobst – Request Reappointment to the Zoning Hearing Board. Referred to the Health, Sanitation, and Codes Committee. b. Kathy Reinhard – Request Reappointment to the Emmaus Public Library Board. December 19, 2022 134 EMMAUS BOROUGH COUNCIL c. Timothy Jones, 501 N. 2nd Street – Zoning Hearing Board Volunteer Application. Referred to the Health, Sanitation, and Codes Committee. d. Howard Schaeffer, 524 Seem Street - Zoning Hearing Board Volunteer Application. Referred to the Health, Sanitation, and Codes Committee. e. Sherry Choudhary, 584 Pine Street – Request for Local Real Estate Tax Penalty Forgiveness. Referred to the Budget and Finance Committee. f. Roger Steinmayr – Request for Reappointment to the Zoning Hearing Board – Referred to the Health, Sanitation, and Codes Committee. g. William Kennedy – Request for COLA increase for the Emmaus Police Department. Referred to the Pension Board. h. Carol Willis, 652 North Street – Request for phone conversation with Mr. Labenberg concerning Lions Playground. Mr. Labenberg stated that he will call Ms. Willis. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Progress. UNFINISHED BUSINESS, PART I 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) (2nd Reading 12/19/22). Motion by Mr. Hart, 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 2nd Reading. Roll call vote: Mr. DeFrain, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye; Mr. Anders, aye; Ms. Baumgartner, aye; Mrs. Sorg-McManamon, aye. There were 7 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) (2nd Reading 12/19/22). Motion by Mr. Balliet, seconded by Mr. Hart 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 2nd Reading. Roll call vote: Mr. DeFrain, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye; Mr. Anders, aye; Ms. Baumgartner, aye; Mrs. Sorg-McManamon, aye. There were 7 ayes. Motion carried. December 19, 2022 135 EMMAUS BOROUGH COUNCIL 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) (2nd Reading 12/19/22). Motion by Mr. Hart, seconded by Mr. Anders 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 2nd Reading. Roll call vote: Mr. DeFrain, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye; Mr. Anders, aye; Ms. Baumgartner, aye; Mrs. Sorg-McManamon, aye. There were 7 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) 2nd Reading (12/19/22). Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon 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 2nd Reading. Roll call vote: Mr. DeFrain, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. Labenberg, aye; Mr. Anders, aye; Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye. There were 7 ayes. Motion carried. NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert reported that the Emmaus Police Officers raised $1,300.00 during the months of November and December for No Shave November. She also reported that the Emmaus Police Department partnered with the Emmaus Historical Society to collect hats, scarves, and gloves, which were donated to the East Penn School District and were distributed to those that were in need. She thanked Mrs. Sorg-McManamon for her help coordinating the effort. Progress.  December 19, 2022 136 EMMAUS BOROUGH COUNCIL COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that there is nothing for official action tonight and the next Committee meeting is Wednesday, December 21, 2022 at 4:00 p.m. via Zoom. Progress. b. Health, Sanitation, and Codes Committee Mr. Balliet reported that there is nothing for official action tonight and 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 entertained questions about the Committee notes and stated that the next Committee meeting is Tuesday, January 17, 2023 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart reported that there is nothing for official action tonight and the next Committee meeting is Thursday, December 29, 2022, at 9:00 a.m. via Zoom. Progress. e. General Administration Committee Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to grant D’Huy Engineering Inc’s. contract fee adjustment request in the amount of $23,047.13. There were 7 ayes. Motion carried. Motion by Ms. Baumgartner, seconded by Mrs. Sorg-McManamon to grant W2A Architect’s contract fee adjustment request in the amount of $36,680.00. There were 7 ayes. Motion carried. Motion by Mr. Hart, seconded by Mr. Anders to enter into the Collective Bargaining Agreement between the Borough of Emmaus and the Emmaus Police Officers’ December 19, 2022 137 EMMAUS BOROUGH COUNCIL Association effective January 1, 2023 through December 31, 2026. There were 7 ayes. Motion carried. Mr. Pepe reported that the net expense increase is approximately 3% per year throughout the course of the Agreement. Mr. Labenberg reported that next Committee meeting is Thursday, January 5, 2023 at 9:00 a.m. via Zoom. Progress. f. Budget & Finance Committee Resolution 2022-48 – A Resolution Adopting the Budget of the Borough of Emmaus for the 2023 Fiscal Year and Appropriating from Fund Equities, Revenues and Other Financing Sources Available for the Year 2023 for the Specific Purposes Set Forth Therein. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-48. There were 7 ayes. Motion carried. Resolution 2022-49 – Establishing Refuse Collection and Compost Site Assessment Fees in the Borough of Emmaus, Lehigh County, Pennsylvania, for the Calendar Year 2023. Motion by Mr. DeFrain, seconded by Mr. Balliet to adopt Resolution 2022-49. There were 7 ayes. Motion carried. Resolution 2022-52 authorizing payment of the December 19, 2022 bill list as follows: Bill List $ 986,736.09 Payroll #25 $ 172,693.65 Payroll Taxes $ 56,473.67 Total $ 1,215,903.41 Done this 19th day of December 2022. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2022-52. There were 7 ayes. Motion carried. Resolution 2022-51 – A Resolution of the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending the Schedule of Fees and Charges for Permits and Service. Motion by Mr. DeFrain, seconded by Mrs. Sorg-McManamon to adopt Resolution 2022-51. There were 7 ayes. Motion carried. December 19, 2022 138 EMMAUS BOROUGH COUNCIL Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for the 1st half of December and the Committee meeting notes. Mr. DeFrain reported that the next Committee meeting is Thursday, January 5, 2023 at 11:00 a.m. via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that there is nothing for official action tonight and entertained questions about the Committee notes from the December 12th meeting. She stated that Ashely Lorah has resigned from the Lehigh County Chamber of Commerce. Mrs. Sorg- McManamon thanked her for her hard work, dedication, and the growth of the program under her leadership. Mrs. Sorg-McManamon reported that the next Committee meeting is Monday, January 23, 2023 at 4:30 p.m. Progress. PERSONAL APPEALS, PART II - None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that Robert Leanch has met his probationary period as a Public Works employee. Mr. Pepe stated that Mr. Lawrence is very happy with Mr. Leanch and that he is a great asset to the Public Works Department. Motion by Mr. Hart, seconded by Mr. Balliet to retain Robert Leanch as a full-time Public Works employee. Mr. Pepe also reported that Jared Tellechea has been hired as a part-time Firefighter II – EMT. Mr. Pepe thanked Borough Council for their hard work. He stated that it has been an extremely busy year and the results of their hard work will begin to show in 2023 and many of the boxes will be checked off. He wished everyone Happy Holidays and Merry Christmas. Progress. December 19, 2022 139 EMMAUS BOROUGH COUNCIL PRESIDENT’S BUSINESS Mr. Labenberg stated that he echo’s what Mr. Pepe said. He stated that he is finishing his 25th year on Council and this is the hardest working Council and that he is proud of what has been accomplished and excited for the direction Council is heading. Progress. ADJOURNMENT Motion by Mr. Hart, seconded by Mr. Balliet to adjourn the December 19, 2022 Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 7:32 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant December 20, 2022