Borough Council Meetings

November 6, 2023 119 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on November 6, 2023, in Borough Council Chambers, located at 28 S. 4th Street, Emmaus, PA 18049 and via Zoom. CALL TO ORDER Mr. DeFrain called the meeting to order at 7:10 p.m. Brent Labenberg, President Present via Zoom Chris DeFrain, Vice President Present 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 A. Mark Perna, 213 Macungie Avenue – asked if it is possible to reel in some of the investors in town. He stated that he has noticed some deterioration in the Borough, such as the parking of cars. He explained that one of the investors, who owns 125 Macungie Avenue, plans on putting a trailer on the lot. He stated that he and several neighbors attended the Zoning Hearing Board meeting where there were conditions placed on what type of house was permitted on the lot. Mr. Perna stated that there are no exclusions in the current Ordinance. He stated that the investor doesn’t live in Emmaus and doesn’t care about Emmaus. Solicitor Ulrich explained that the Borough is aware of this issue, and it is being reviewed. Mr. Pepe stated that there are legal issues that the Borough must navigate, but that it is a significant concern of his as well. Motion by Mr. Anders, seconded by Mrs. Sorg-McManamon to extend Mr. Perna’s Personal Appeal by 5 minutes. There were 7 ayes. Motion carried. Mr. Perna read a letter that his neighbors drafted with steps that other municipalities have taken to curb investors. COMMUNITY MINUTE – None. SPECIAL PRESENTATIONS – None. READING OF MINUTES November 6, 2023 120 EMMAUS BOROUGH COUNCIL Motion by Ms. Baumgartner, seconded by Mrs. Sorg-McManamon to adopt the October 16, 2023, Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS a. Sergeant Kevin Schmidt – Commendation Letter for Merit for an incident occurring on January 13, 2023 at 27 Spruce Street. b. Sergeant Jeremy Schilling – Commendation Letter for Bravery for an incident occurring on December 5, 2021 at Emmaus Community Park. c. Patrolman Braden Sacks – Commendation Letter for Merit for an incident occurring on March 9, 2023 at 1116 Chestnut Street. d. Patrolman Timothy Kline – Commendation Letter for Merit for an incident occurring on January 13, 2023 at 27 Spruce Street. e. Patrolman Timothy Kline – Commendation Letter for Heroism for an incident occurring on June 24, 2023 at 1035 Cold Stream Circle. f. Sergeant Robert Alburger – Commendation Letter for Heroism for an incident occurring on January 13, 2023 at 27 Spruce Street. g. Kiwanis Club – Donation of $2,800 for Bridge Repairs between Kiwanis Field and Williams Street. h. William Kennedy – Request for COLA for retired Police Officers. Motion by Mr. Hart, seconded by Mr. Balliet to refer the item to the Budget & Finance Committee. There were 7 ayes. Motion carried. i. Kyle Christman – Letter of Resignation from the Public Works Department with an effective date of Thursday, November 9, 2023. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT - None. Progress. UNFINISHED BUSINESS, PART I Ordinance No, 1249 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Adding Residential Disabled Parking Sign and Assigning Permitted Parking Space on a Public Street Located at 611 Walnut Street and Removing Residential Disabled Parking Sign on a Public Street Located at 613 Walnut Street Within the Borough of Emmaus (1st Reading 10/2/23, 2nd Reading 11/6/23). November 6, 2023 121 EMMAUS BOROUGH COUNCIL Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt Ordinance No, 1249 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Adding Residential Disabled Parking Sign and Assigning Permitted Parking Space on a Public Street Located at 611 Walnut Street and Removing Residential Disabled Parking Sign on a Public Street Located at 613 Walnut Street Within the Borough of Emmaus on its 2nd Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Labenberg, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye. There were 7 ayes. Motion carried. Ordinance No, 1250 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Assigning Permitted Parking Space on a Public Street Located in Front of the Address Located at 555 Broad Street Within the Borough of Emmaus (1st Reading 10/2/23, 2nd Reading 11/6/23). Motion by Mr. Hart, seconded by Mr. Balliet to adopt Ordinance No. 1250 - An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Assigning Permitted Parking Space on a Public Street Located in Front of the Address Located at 555 Broad Street Within the Borough of Emmaus on its 2nd Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Labenberg, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye. There were 7 ayes. Motion carried. NEW BUSINESS Motion by Mr. Hart, seconded by Ms. Baumgartner to table Ordinance No. 1252, Ordinance No. 1253, and Ordinance No. 1254. There were 7 ayes. Motion carried. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert reported that her list of activities for the 3rd quarter is available on the iPads. She also stated that the Citizens Police Academy will begin in February 2024. Progress. COMMITTEE REPORTS a. Public Works Committee November 6, 2023 122 EMMAUS BOROUGH COUNCIL Mr. Anders reported that there is nothing for official action tonight. He reported that the Committee met on Wednesday, October 18th and entertained questions about the Committee meeting notes. He stated that the Borough is currently accepting resumes to hire 2 full-time Public Works employees. He reported that the next Committee meeting is Wednesday, November 15, 2023 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, November 29, 2023, at 4:45 p.m. via Zoom. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there is one item for official action tonight. She reported that the new Borough Parks Logo is completed. Mr. Pepe thanked the Parks and Recreation Committee and Ms. Baumgartner for their hard work on the logo and stated that it has been a long process. Motion by Ms. Baumgartner, seconded by Mr. Anders to approve the Borough Parks Logo as presented. There were 7 ayes. Motion carried. Ms. Baumgartner entertained questions about the Committee meeting notes and explained that the date of the next Committee meeting date has changed to Monday, November 13, 2023 at 4:45 p.m. via Zoom. Progress. d. Public Safety Committee Mr. Hart reported that there is one item for official action tonight. He reported that the Committee interviewed a candidate for Police Officer and recommend hiring Tyler Wiik. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to hire Tyler Wiik as a Borough of Emmaus Police Officer contingent upon the successful completion of Act 20 Certification, physical, psychological evaluation, and the expiration of the Civil Service Appeal process. There were 7 ayes. Motion carried. Mr. Hart reported that the Committee will review the 3rd Quarter reports at the next Committee meeting. He entertained questions about the Committee meeting notes. Mr. Hart November 6, 2023 123 EMMAUS BOROUGH COUNCIL reported that the next Committee meeting is scheduled for Thursday, November 30, 2023, at 9:00 a.m. via Zoom. Progress. EXECUTIVE SESSION Mr. DeFrain recessed the meeting at 7:33 p.m. for an Executive Session to discuss litigation with possible action needed. Mr. DeFrain reconvened the meeting at 8:34 p.m. with official action necessary. Motion by Mr. Hart, seconded by Ms. Baumgartner for the Borough of Emmaus to opt out of a class action lawsuit for PFAS. There were 7 ayes. Motion carried. Mr. Pepe explained that by opting out, the Borough will pursue legal action separately from the class action lawsuit. e. General Administration Committee Mr. Labenberg reported that there is nothing for official action tonight, and the next Committee meeting will be held on Thursday, November 16, 2023, at 9:00 a.m. via Zoom. Progress. f. Budget & Finance Committee Resolution 2023-29 authorizing payment of the November 6, 2023, bill list as follows: Bill List $ 1,027,068.99 Payroll #21 and #22 $ 356,245.94 Payroll Taxes $ 114,962.01 Total $ 1,498,276.94 Done this 6th day of November 2023. Motion by Mr. Balliet, seconded by Mrs. Sorg McManamon to adopt Resolution 2023-29. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Quarterly Budget Summary Report, the Significant Revenue & Expense Items for October, and the Committee meeting notes. Mr. DeFrain reported that the next Committee meeting is Thursday, November 16, 2023, at 11:00 a.m. via Zoom. November 6, 2023 124 EMMAUS BOROUGH COUNCIL Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that there is nothing for official action tonight, entertained questions about the Committee meeting notes, and reported that the next Committee meeting is Monday, November 27, 2023, at 4:30 p.m. via Zoom. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Progress. PRESIDENT’S BUSINESS Mr. Labenberg wished “Good Luck” to all the candidates running for election and encouraged everyone to vote. ADJOURNMENT Motion by Mr. Anders, seconded by Mr. Labenberg to adjourn the November 6, 2023, Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 8:39 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant November 8, 2023