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Borough Council Meetings

Regular Meeting

Emmaus, PA · December 4, 2023

AgendaMinutes

Minutes

December 4, 2023 132 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on December 4, 2023, in Borough Council Chambers, located at 28 S. 4th Street, Emmaus, PA 18049 and via Zoom. CALL TO ORDER Mr. Labenberg called the meeting to order at 6:00 p.m. Brent Labenberg, President Present 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 – None. COMMUNITY MINUTE Mrs. Sorg-McManamon complimented the success of Old-Fashioned Christmas and the open house at Borough Hall held on Saturday, December 2, 2023. She stated that she believes she has never seen Triangle Park so crowded. Mr. Anders thanked Borough staff for their hard work and the success of the Borough’s Open House. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Balliet, seconded by Mr. Hart to adopt the November 20, 2023, Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS Mr. DeFrain stated that 9 bids were received for the Parking Lot Loan for the parking lot located at 311 Main Street, Emmaus. He stated that there was a meeting held earlier in the day with the prospective loan bidder to clarify bid details. December 4, 2023 133 EMMAUS BOROUGH COUNCIL Motion by Mr. DeFrain, seconded by Mr. Hart to accept the bid from Penn Community Bank in the amount of $400,000 for the purchase of the 311 Main Street parking lot with the following provisions: 1. A fixed 10-year rate with a 10-year amortization. 2. The tax-free rate is based on the 10-year Treasury plus a spread of 2.25% times 70%. 3. The current rate is 4.559%, however, it will lock in prior to closing. 4. To move forward with any Ordinances that are necessary. There were 7 ayes. Motion carried. Mr. Labenberg asked what the approximate yearly payment will be. Mr. DeFrain responded that the net payment will be $42,000 and this was budgeted for. COMMUNICATIONS – None. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Solicitor Ulrich reported that he will begin working on the Ordinance for the Parking Lot Loan and it will be prepared for the December 18, 2023 Council meeting. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS Ordinance No. 1255 – An Ordinance Amending the Provisions of Chapter 1, Part 3, Associations and Commissions of the Borough of Emmaus Consolidated Code of Ordinances to Establish Section 1: Historical Commission (1st Reading 12/4/23). Motion by Mrs. Sorg-McManamon, seconded by Ms. Baumgartner to adopt Ordinance No. 1255 - An Ordinance Amending the Provisions of Chapter 1, Part 3, Associations and Commissions of the Borough of Emmaus Consolidated Code of Ordinances to Establish Section 1: Historical Commission on its 1st Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye, Mr. Labenberg, aye. There were 7 ayes. Motion carried. Mrs. Sorg-McManamon explained that the Community Relations, Planning and Development has been working on this for many months. She thanked Mr. Pepe and Mrs. Jarrett-Eaton for their hard work and dedication to establishing the Commission. She stated that she believes it will streamline the process between the historical sites. Mr. Pepe explained that having a Historical Commission will help all the sites with obtaining members. He stated that it was a very collaborative approach between all the sites. Mr. Labenberg asked when the terms and positions will begin. Mr. Pepe stated that the 2nd Reading of the Ordinance will take place at the December 18, 2023 Council meeting and the process will begin after that. He stated that his December 4, 2023 134 EMMAUS BOROUGH COUNCIL hope is that the Commission will be formed by March 2024. Mr. Hart stated that he believes this was a very difficult process and thanked Mrs. Sorg-McManamon and Mr. Pepe for their success in forming the Commission. Ordinance No.1256: An Ordinance Levying Taxes for the Fiscal Year 2024 for the Borough of Emmaus at the Rate of 8.3155 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 6.4404 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 0.159 Mills (1st Reading 12/4/23). Motion by Mr. DeFrain, seconded by Mr. Balliet to adopt Ordinance No. 1256: An Ordinance Levying Taxes for the Fiscal Year 2024 for the Borough of Emmaus at the Rate of 8.3155 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 6.4404 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 0.159 Mills on its 1st Reading. Roll call vote: Mrs. Sorg-McManamon, aye; Ms. Baumgartner, aye; Mr. Anders, aye; Mr. Balliet, aye; Mr. Hart, aye; Mr. DeFrain, aye, Mr. Labenberg, aye. There were 7 ayes. Motion carried. Mr. Labenberg thanked Council, staff, and the Department Heads for their hard work during the budget process. Ordinance No. 1257 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending Chapter 15 §602.3.A of the Emmaus Borough Code, Amending the Residential Disabled Parking Sign and Continuing to Assign a Permitted Parking Spot on the Public Street Located in Front of 36 N. 6th Street Within the Borough of Emmaus (1st Reading 12/4/23). Motion by Mr. Hart, seconded by Mr. Balliet to adopt Ordinance No. 1257 - Chapter 15 §602.3.A of the Emmaus Borough Code, Amending the Residential Disabled Parking Sign and Continuing to Assign a Permitted Parking Spot on the Public Street Located in Front of 36 N. 6th Street Within 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. DeFrain, aye; Mr. Labenberg, aye. There were 7 ayes. Motion carried. Mr. Labenberg stated that the 2nd Reading of Ordinance Nos. 1255, 1256, and 1257 will be held at the December 18, 2023 Council meeting. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. December 4, 2023 135 EMMAUS BOROUGH COUNCIL MAYOR’S REPORT Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that the next Committee meeting will be held on December 20, 2023 at 4:00 p.m. 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 27, 2023, at 4:45 p.m. Progress. c. Parks and Recreation Committee Ms. Baumgartner reported that there is nothing for official action tonight and that the next Committee meeting is December 5, 2023 at 4:45 p.m. Progress. d. Public Safety Committee Mr. Hart reported that the next Committee meeting is December 28, 2023 at 9:00 a.m. Progress. e. General Administration Committee Mr. Labenberg reported that the Thursday, December 7, 2023 Committee meeting is cancelled. Progress. December 4, 2023 136 EMMAUS BOROUGH COUNCIL f. Budget & Finance Committee Resolution 2023-31 authorizing payment of the December 4, 2023, bill list as follows: Bill List $ 775,128.45 Payroll #24 $ 188,904.73 Payroll Taxes $ 60,592.45 Total $ 1,024,625.63 Done this 4th day of December 2023. Motion by Mr. Balliet, seconded by Mr. Hart to adopt Resolution 2023-31. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue & Expense Items and the year-to-date Budget Performance Report. Motion by Mr. DeFrain, seconded by Mr. Hart to authorize Mr. Pepe to advertise the proposed 2024 Budget. There were 7 ayes. Motion carried. Mr. DeFrain reported that the next Committee meeting is Thursday, December 7, 2023, at 11:00 a.m. via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon entertained questions about the Committee notes. She reported that the next Committee meeting is Monday, December 18, 2023 at 4:30 p.m. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff hired Nathan Bleam as a part-time EMT for the Emmaus Ambulance Department. Progress. December 4, 2023 137 EMMAUS BOROUGH COUNCIL PRESIDENT’S BUSINESS Mr. Labenberg stated that a Performance Review process will be forthcoming at the December 18, 2023 Council Meeting. ADJOURNMENT Motion by Mr. Balliet, seconded by Mrs. Sorg-McManamon to adjourn the December 4, 2023, Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 6:23 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant December 6, 2023

Agenda

December 04, 2023 Emmaus Borough Council Agenda December 04, 2023, 6:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Personal Appeals, Part I 4. Community Minute 5. Special Presentations 6. Reading of Minutes 6.a. November 20, 2023, Council Meeting Minutes 7. Decisions on Bids 7.a. Parking Lot Loan 8. Communications 9. Borough Engineer's Report 10. Solicitor's Report 11. Unfinished Business, Part I 12. New Business 12.a. ORDINANCE 1255: AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 1, PART 3, ASSOCIATIONS AND COMMISSIONS OF THE BOROUGH OF EMMAUS CONSOLIDATED CODE OF ORDINANCES TO ESTABLISH SECTION I: HISTORICAL COMMISSION 12.b. ORDINANCE 1256: AN ORDINANCE LEVYING TAXES FOR THE FISCAL YEAR 2024 FOR THE BOROUGH OF EMMAUS AT THE RATE OF 8.3155 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 6.4404 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 0.159 MILLS. 12.c. ORDINANCE 1257: AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 15 §602.3.A OF THE EMMAUS BOROUGH CODE, AMENDING THE RESIDENTIAL DISABLED PARKING SIGN AND CONTINUING TO ASSIGN A PERMITTED PARKING SPOT ON THE PUBLIC STREET LOCATED IN FRONT OF 36 N. 6TH STREET WITHIN THE BOROUGH OF EMMAUS 13. Unfinished Business, Part II December 04, 2023 14. Items Not on Agenda Subject to Rule 9 15. Mayor’s Report 16. Committee Reports 16.A Public Works/(Highway, Water & Sewer) (Anders, Labenberg, Balliet) Next Meeting - Wednesday, December 20, 2023 @ 4:00PM 16.B Health, Sanitation, and Codes (Balliet, Sorg-McManamon, Hart) Meeting Notes - November 29, 2023 Next Meeting - Wednesday, December 27, 2023 @ 4:45PM 16.C Parks and Recreation (Baumgartner, Anders, Balliet) Next Meeting - Tuesday, December 5, 2023 @ 4:45PM 16.D Public Safety (Hart, Sorg-McManamon, DeFrain) ORDINANCE 1257: AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 15 §602.3.A OF THE EMMAUS BOROUGH CODE, AMENDING THE RESIDENTIAL DISABLED PARKING SIGN AND CONTINUING TO ASSIGN A PERMITTED PARKING SPOT ON THE PUBLIC STREET LOCATED IN FRONT OF 36 N. 6TH STREET WITHIN THE BOROUGH OF EMMAUS Next Meeting - Thursday, December 28, 2023 @ 9:00AM 16.E General Administration (Labenberg, Baumgartner, DeFrain) Next Meeting - Thursday, December 7, 2023 @ 9:00AM 16.F Budget and Finance (DeFrain, Hart, Labenberg) 2023 Proposed Budget - 1st Reading ORDINANCE 1256: AN ORDINANCE LEVYING TAXES FOR THE FISCAL YEAR 2024 FOR THE BOROUGH OF EMMAUS AT THE RATE OF 8.3155 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 6.4404 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 0.159 MILLS. Resolution 2023 - 31: Bill List Significant Revenue & Expenses for November 2023 Budget Performance Report Next Meeting - Thursday, December 7, 2023 @ 11:00AM 16.G Community Relations, Planning and Development (Sorg-McManamon, Anders, Baumgartner) ORDINANCE 1255: AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 1, PART 3, ASSOCIATIONS AND COMMISSIONS OF THE BOROUGH OF EMMAUS CONSOLIDATED CODE OF ORDINANCES TO ESTABLISH SECTION I: HISTORICAL COMMISSION Meeting Notes - November 27, 2023 Next Meeting - Monday, December 19, 2023 @ 4:30PM December 04, 2023 17. Boards and Commissions 17.a. 1803 House Board Meeting Notes - 10.24.2023 17.b. Emmaus Arts Commission 11.27.2023 Meeting Notes 17.c. Emmaus Public Library Board November Meeting Notes 18. Personal Appeals, Part II 19. Borough Manager’s Report 19.a. Hire Part-Time EMT 20. President’s Business 21. Executive Session 22. Adjournment

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