Borough Council Meetings

December 18, 2023 138 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on December 18, 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 – None. SPECIAL PRESENTATIONS MOPAR Madness of the Lehigh Valley John Guignet, Vice President of MOPAR Madness of the Lehigh Valley, thanked the Borough for the use of Community Park for their car show events, and presented the Parks & Recreation Committee with a check for $500.00. He stated that MOPAR Madness also raised $3,600 for the Dreams Come True Foundation. Certificate of Appreciation from Historical Homes Gene Clock, President of the Knauss Homestead, representing the Historical Homes, presented Mrs. Sorg-McManamon with a Certificate of Appreciation. READING OF MINUTES Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt the December 4, 2023, Council Minutes as drafted. There were 7 ayes. Motion carried. December 18, 2023 139 EMMAUS BOROUGH COUNCIL DECISION ON BIDS – None. COMMUNICATIONS a. Recreation & Entertainment Commission – Event request for Tunes in the Triangle 2024. Mr. Labenberg referred the item to staff. Motion by Mrs. Sorg-McManamon, seconded by Mr. Anders to grant the Recreation & Entertainment Commission’s Request to sell alcohol at the 2024 Tunes in the Triangle Events. There were 7 ayes. Motion carried. b. Certificate of Appreciation from Historical Homes – Mr. Labenberg stated that this item was addressed during Special Presentations. c. John Hinnerschietz, 1517 Pennsylvania Ave – Letter of concern about flooding. d. Shelbey Delserro – Resignation from full-time to part-time paramedic for the Emmaus Ambulance Corps. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT Solicitor Ulrich reported that at the last Council meeting, a question was raised concerning whether there is a need to continue the process for requests for handicapped parking spaces, including changing their placard, by adopting an Ordinance. He responded that he researched the question, and it is necessary to adopt an Ordinance. Progress. UNFINISHED BUSINESS, PART I 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) (2nd Reading 12/18/23). 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 2nd 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. 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 December 18, 2023 140 EMMAUS BOROUGH COUNCIL 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) (2nd Reading 12/18/23). Motion by Mr. Balliet, seconded by Mr. DeFrain 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 2nd 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. 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) (2nd Reading 12/18/23). Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon 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 2nd 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. Ordinance No. 1258 – An Ordinance Increasing the Indebtedness of the Borough of Emmaus, Lehigh County, Pennsylvania, by the Issue of a General Obligation Note in the Amount of Four Hundred Thousand and 00/100 Dollars ($400,000.00) for Sundry Purposes; Fixing the Form, Number, Date, Interest, and Maturity Thereof; Making a Covenant for the Payment of the Debt Service on the Note; Providing for the Filing of the Required Document; Providing for the Appointment of a Sinking Fund Depository for the Note; and Authorizing Execution, Sale and Delivery Thereof (1st & 2nd Reading 12/18/23). Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Ordinance No. 1258 - An Ordinance Increasing the Indebtedness of the Borough of Emmaus, Lehigh County, Pennsylvania, by the Issue of a General Obligation Note in the Amount of Four Hundred Thousand and 00/100 Dollars ($400,000.00) for Sundry Purposes; Fixing the Form, Number, Date, Interest, and Maturity Thereof; Making a Covenant for the Payment of the Debt Service on the Note; Providing for the Filing of the Required Document; Providing for the Appointment of a Sinking Fund Depository for the Note; and Authorizing December 18, 2023 141 EMMAUS BOROUGH COUNCIL Execution, Sale and Delivery Thereof on its 1st & 2nd 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. NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert reported that her Quarterly and Yearly Report is in the iPads. She also reported that the Emmaus Police Department raised $1,400.00 during No Shave November and Double Down December. She explained that the shaving policy has been changed and facial hair is now allowed if it is properly groomed. She stated that the Emmaus Historical Society collected clothing for families in need in the East Penn School District. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that there are two items for official action tonight. He stated that there were approximately 500 applications received for two positions for the Public Works Department and the Committee recommends hiring two qualified candidates. Motion by Mr. Anders, seconded by Mr. DeFrain to hire Christopher Jost as a full- time Public Works employee contingent upon the successful completion of background checks. There were 7 ayes. Motion carried. Motion by Mr. Anders, seconded by Mr. Balliet to hire Lucas Douvier as a full-time Public Works employee contingent upon the successful completion of background checks. There were 7 ayes. Motion carried. Mr. Labenberg stated that there is a probationary period of 120 days. Mr. Anders reported that the next Committee meeting is to be determined. Progress. December 18, 2023 142 EMMAUS BOROUGH COUNCIL 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 one item for official action tonight. She stated that the Borough has hired Bob Ayers to design the park signs. She stated that the signs will be 60” and reviewed the difference between the proposed signs, including adding the Borough’s website to the sign. Mr. Labenberg responded that he prefers the sign with the address only. Ms. Baumgartner also reviewed the designs for displaying the signs and asked Council for their input. Mr. Anders thanked Ms. Baumgartner for her hard work on the signs. Motion by Mr. Anders, seconded by Mr. Balliet to approve park sign design #2. There were 7 ayes. Motion carried. Ms. Baumgartner reported that the next meeting is to be determined. Progress. d. Public Safety Committee Mr. Hart reported that the Borough of Emmaus and Emmaus School District has been working to establish a Crossing Guard Agreement. Solicitor Ulrich stated that the School District will not modify the Agreement. Mr. DeFrain responded that this is not the Agreement that he expected and will not vote to approve it. Motion by Mr. Hart, seconded by Mr. DeFrain to table the School Crossing Guard Agreement between the Borough of Emmaus and East Penn School District. There were 5 ayes, 2 opposed (Anders, Labenberg). Motion carried. Mr. Hart reported that Police Officer Timothy Kline has successfully completed his probationary period and has received two accommodations during this period. Motion by Mr. Hart, seconded by Mr. Anders to retain Police Officer Timothy Kline as a full-time Police Officer for the Borough of Emmaus. There were 7 ayes. Motion carried. Mr. Hart reported that the next Committee meeting scheduled for December 28, 2023 at 9:00 a.m. will probably be cancelled. December 18, 2023 143 EMMAUS BOROUGH COUNCIL Progress. e. General Administration Committee Motion by Mr. Hart, seconded by Mr. DeFrain to enter into Agreement with TKE Elevator Corporation and the Borough of Emmaus. There were 7 ayes. Motion carried. Motion by Mr. Hart, seconded by Mrs. Sorg-McManamon to adopt the Borough of Emmaus Employee Performance Evaluation Policy. There were 7 ayes. Motion carried. Mr. Labenberg reported that the Thursday, December 21, 2023 Committee meeting is cancelled. Progress. f. Budget & Finance Committee Resolution 2023-32 – A Resolution Confirming Ordinance 1235, Setting Sewer and Sewerage Disposal Rates to Remain Unchanged from the Previous Fiscal Year. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-32. There were 7 ayes. Motion carried. Resolution 2032-33 – A Resolution Confirming Ordinance 1234, Setting Water Rates to Remain Unchanged from the Previous Fiscal Year. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-33. There were 7 ayes. Motion carried. Resolution 2023-34 – Establishing Refuse Collection and Compost Site Assessment Fees in the Borough of Emmaus, Lehigh County, Pennsylvania, for the Calendar Year 2024. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-34. There were 7 ayes. Motion carried. Mr. DeFrain stated that the refuse rate will be $375.00 per unit if paid on or before February 15, 2024 and if it is paid in quarterly installments of $110.00 it will be $440.00. Mr. Labenberg stated that it is a $25.00 increase if paid on time and $40.00 more if paid in installments. He explained that the increase is to cover Borough costs. 2023-35 – Establishing the Low-Income Refuse Discount Policy in the Borough of Emmaus, Lehigh County, Pennsylvania, for the Calendar Year 2024. December 18, 2023 144 EMMAUS BOROUGH COUNCIL Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-35. There were 7 ayes. Motion carried. Resolution 2023-36 – A Resolution of the Council of the Borough of Emmaus, Lehigh County, Pennsylvania Setting Compensation for the Zoning Hearing Board, Planning Commission, and Building Board of Appeals. Motion by Mr. DeFrain, seconded by Mr. Balliet to adopt Resolution 2023-36. There were 7 ayes. Motion carried. Resolution 2023-37 – A Resolution Adopting the Budget of the Borough of Emmaus for the 2024 Fiscal Year and Appropriating from Fund Equities, Revenues and Other Financing Sources Available for the Year 2024 for the Specific Purposes Set Forth Therin. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-37. There were 7 ayes. Motion carried. Mr. Pepe explained that the Borough’s fee schedule was difficult to understand, and he reorganized it to make it easier to navigate. He stated that the main changes are the addition of commercial fees in the Codes and Zoning section, the new pool rates that were debated at several Committees, and the recommendation from the General Administration Committee for the Borough Hall room rental fees. Mr. DeFrain stated that this year was the most comprehensive look at the fee schedule, and it was gone through very thoroughly. Resolution 2023-38 – A Resolution of the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, Amending the Schedule of Fees and Charges for Permits and Services. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-38. There were 7 ayes. Motion carried. Resolution 2023-39 authorizing payment of the December 18, 2023, bill list as follows: Bill List $ 527,864.98 Payroll #25 $ 199,408.94 Payroll Taxes $ 63,559.40 Total $ 790,833.32 Done this 18th day of December 2023. Motion by Mr. DeFrain, seconded by Mr. Hart to adopt Resolution 2023-39. There were 7 ayes. Motion carried. December 18, 2023 145 EMMAUS BOROUGH COUNCIL Mr. Labenberg asked if the Borough is on target for the budget for the year. Mr. Pepe responded that there is one more payroll for the year and it will be close, but believes that the Borough’s budget will be within the target. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for st the 1 half of December and the Committee meeting notes. Mr. DeFrain reported that the Committee meeting scheduled for December 20, 2023 is cancelled. Progress. g. Community Relations, Planning and Development Committee Mrs. Sorg-McManamon reported that the Committee meeting scheduled for December 19, 2023 is cancelled. Mrs. Sorg-McManamon thanked Mr. Anders and Ms. Baumgartner for serving on the Committee with her and for all that they accomplished together. Mrs. Sorg-McManamon reported that the next Committee meeting is to be determined. Progress. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that staff hired Chad Boushell as a part-time Fire Police Officer. Mr. Pepe thanked the outgoing council members for their service and their hard work during some very difficult decisions. He stated that some of the decisions were very exciting, and some were very difficult, but they always worked together with the other council members. Progress. PRESIDENT’S BUSINESS Mr. Labenberg thanked the outgoing council members and stated that he agrees with everything that Mr. Pepe expressed. He thanked Mr. DeFrain and Mr. Hart for their continuing efforts with the Emmaus Community Foundation. He wished Mrs. Sorg-McManamon the best of luck in her future endeavors. Mr. Labenberg wished everyone a Merry Christmas. December 18, 2023 146 EMMAUS BOROUGH COUNCIL Mr. DeFrain thanked council and said that it was good to have disagreements and heated discussions. He thanked Mr. Pepe for providing guidance and pushing back when needed. He stated that he believes there were many good decisions made. He thanked Mrs. Jarrett-Eaton for joining the team and wished her the best of luck in her career. He thanked Mayor Gilbert for her many years of service and for providing perspective on why things were done the way they were. He thanked Solicitor Ulrich for offering guidance during very difficult decisions. He thanked the outgoing council members and wished the remaining council members’ good luck. ADJOURNMENT Motion by Mr. Hart, seconded by Mr. DeFrain to adjourn the December 18, 2023, Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 6:55 p.m. Shane M. Pepe Transcribed by: Paula Weiant Borough Manager Administrative Assistant December 20, 2023