Borough Council Meetings

July 15, 2024 66 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on July 15, 2024, in Council Chambers and via Zoom. CALL TO ORDER Council Vice President Shana Baumgartner called the Council meeting to order at 6:03PM. Roy Anders Present Chad Balliet, Council President Present via Zoom Shana Baumgartner, Council Vice President Present Nathan Brown Absent Chris Hoenscheid Present via Zoom Brent Labenberg Present Kate Watt Present LeeAnn Gilbert, Mayor Present Jason Ulrich, Solicitor Present Shane Pepe, Borough Manager Present Cristen McTamney, Assistant Borough Manager Present PERSONAL APPEALS, PART I Steven and Ann Gross, 119 Camp Street, came before Council to request to have the permit to open the street they were recently issued by the Borough’s Codes Official, reinstated. Mr. Gross explained that he had contacted UGI more than 2 years ago to have their home heating system changed over from oil to gas. He stated that due to unexpected expenses incurred from a death in the family, the work was put on hold until April of this year. Mr. and Mrs. Gross stated that they were not notified prior to the street maintenance and repair work done on their road, otherwise they would have planned the work on their heating system to be done at that time. They explained that they were converting their heating from oil to gas due to the high cost of oil and fear they wouldn’t be able to afford to heat their home if the conversion to gas couldn’t take place. Motion by Mr. Labenberg, seconded by Mr. Anders to deny the request to reinstate the street opening permit that was erroneously issued by the Borough of Emmaus’ Codes Official citing Ordinance 467. There were 4 ayes and 2 nays (Watt, Balliet). Motion carried. COMMUNITY MINUTE – None. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Labenberg, seconded by Mrs. Watt to adopt the June 17, 2024, Council Minutes as drafted. There were 6 ayes. Motion carried. DECISION ON BIDS – None. COMMUNICATIONS Charity Fishing Contest Event Request – July 15, 2024 67 EMMAUS BOROUGH COUNCIL Mr. Labenberg stated that due to the short notice and the event organizers not in attendance, Council isn’t able to have questions about their concerns with the event answered and therefore he is not in favor of approving the event. Mr. Anders stated that he shared the restocking fish concern with Mr. Labenberg. Mr. Pepe stated that the proposed event would not be “catch and release”. Attorney Ulrich stated that his recommendation would be placing conditions such as insurance must be obtained, on the event’s approval. Mr. Pepe stated the organizers were asked if the event was catch and release, to which they stated it was not. Mr. Balliet stated that he had concerns about alcohol at the event and the restocking of Furnace Dam. Mr. Hoenscheid explained that the Parks and Recreation Committee plans to discuss protocol for future event requests like this one. Motion by Mr. Anders, seconded by Mr. Balliet to approve the Charity Fishing Contest event request contingent upon supplying the Borough with their Certificate of Insurance. There were 0 ayes and 6 nays (Labenberg, Anders, Watt, Hoenscheid, Balliet, Baumgartner). Motion denied. American Legion Baseball Region 2 Tournament – Mr. Pepe stated that the date of the tournament causes some logistical challenges. He further stated that park staffing, including auxiliary officers, will be increased to help mitigate the expected challenges. Mr. Pepe explained that the Public Works Department is working closely with the tournament organizers to make this a successful event. Concerns at Keystone Avenue and Spruce Street as well as 3rd and Berger Streets – Referred to Public Safety Committee. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT – None. Progress. UNFINISHED BUSINESS, PART I ORDINANCE 1265: AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 15 §602.2.A OF THE EMMAUS BOROUGH CODE, REMOVING A RESIDENTIAL DISABLED PARKING SIGN ON THE PUBLIC STREET LOCATED IN FRONT OF 215 RIDGE STREET WITHIN THE BOROUGH OF EMMAUS. (1st Reading 6.17.24) (2nd Reading 7.15.2024) Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to adopt Ordinance 1265 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §602.2.A of the Emmaus Borough Code, removing a residential disabled parking sign on the public street located in front of 215 Ridge Street within the Borough of Emmaus on its second reading. Roll call vote: Mr. Labenberg, aye; Mr. Anders, aye; Mrs. Watt, aye; Mr. Balliet, aye; Mr. Hoenscheid, aye; Ms. Baumgartner, aye. There were 6 ayes. Motion carried. ORDINANCE 1266: AN ORDINANCE AMENDING CHAPTER 15, §210 OF THE EMMAUS BOROUGH CODE, RESTRICTING LEFT TURNS FROM KLINES LANE TO MAIN STREET DURING CERTAIN SCHOOL HOURS (1st Reading 7.15.2024) July 15, 2024 68 EMMAUS BOROUGH COUNCIL Motion by Mrs. Watt, seconded by Mr. Labenberg to remove from table Ordinance 1266 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §210 of the Emmaus Borough Code, restricting left turns from Klines Lane to Main Street during certain school hours. There were 6 ayes. Motion carried. Motion by Mr. Labenberg, seconded by Mr. Anders to adopt Ordinance 1266 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §210 of the Emmaus Borough Code, restricting left turns from Klines Lane to Main Street during certain school hours on its first reading. Roll call vote: Mr. Labenberg, aye; Mr. Anders, aye; Mrs. Watt, aye; Mr. Balliet, aye; Mr. Hoenscheid, aye; Ms. Baumgartner, aye. There were 6 ayes. Motion carried. NEW BUSINESS ORDINANCE NO. 1267: AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF EMMAUS BY ADDING A PART 6, LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE, TO CHAPTER 24 TAXATION; PROVIDING FOR REAL ESTATE TAX EXEMPTION FOR NEW CONSTRUCTION AND IMPROVEMENTS TO DETERIORATED PROPERTY PURSUANT TO THE PENNSYLVANIA LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE ACT AND ESTABLISHING STANDARDS AND QUALIFICATIONS FOR OBTAINING SUCH EXEMPTION (1st Reading 7.15.2024) Attorney Ulrich explained that the Ordinance drafted has 3 alternatives for how the Borough of Emmaus will designate a deteriorated area. He stated that Council would need to vote on each of the options prior to adopting the Ordinance on its first reading. Motion by Mr. Labenberg, seconded by Mr. Anders to draft Ordinance 1267 – An Ordinance amending the code of the Borough of Emmaus by adding a Part 6, Local Economic Revitalization Tax Assistance, to Chapter 24 Taxation; providing for real estate tax exemption for new construction and improvements to deteriorated property pursuant to the Pennsylvania Local Economic Revitalization Tax Assistance Act and establishing standards and qualifications for obtaining such exemption to include §24-604 A. The Borough hereby designates any industrial, commercial or other business property owned by an individual, association or corporation, as located in the LERTA area, including, without limitation, any such property which has been the subject of an order by a government agency requiring the unit to be vacated, condemned or demolished by reason of noncompliance with laws, ordinances or regulations. "Deteriorated property" is not intended to include any residential property, whether single-family or multifamily. There were 4 ayes and 2 nays (Watt, Baumgartner). Motion carried. Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to draft Ordinance 1267 – An Ordinance amending the code of the Borough of Emmaus by adding a Part 6, Local Economic Revitalization Tax Assistance, to Chapter 24 Taxation; providing for real estate tax exemption for new construction and improvements to deteriorated property pursuant to the Pennsylvania Local Economic Revitalization Tax Assistance Act and establishing standards and qualifications for obtaining such exemption to include §24-605 E. The schedule of real property taxes to be exempted shall be in accordance with the following percentage of the assessed valuation of new construction or improvements to the Eligible Property: Tax Year (s) Following Completion Exempt Portion of Assessed Valuation 1 100% July 15, 2024 69 EMMAUS BOROUGH COUNCIL 2 80% 3 60% 4 40% 5 20% There were 5 ayes and 1 nay (Baumgartner). Motion carried. Motion by Mr. Labenberg, seconded by Mr. Anders to draft Ordinance 1267 – An Ordinance amending the code of the Borough of Emmaus by adding a Part 6, Local Economic Revitalization Tax Assistance, to Chapter 24 Taxation; providing for real estate tax exemption for new construction and improvements to deteriorated property pursuant to the Pennsylvania Local Economic Revitalization Tax Assistance Act and establishing standards and qualifications for obtaining such exemption to include a 5-year sunset. There were 4 ayes and 2 nays (Watt, Hoenscheid). Motion carried. ORDINANCE NO. 1268: AN ORDINANCE AMENDING CHAPTER 15, SECTION 209, RESTRICTING TRAFFIC FROM TURNING ONTO HOWARD STREET FROM LONG STREET AND ESTABLISHING A NO THRUWAY ON HOWARD STREET (1st Reading 7.15.2024) Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to adopt Ordinance 1268 – An Ordinance amending Chapter 15, Section 209, Restricting traffic from turning onto Howard Street from Long Street and establishing a no thruway on Howard Street on its first reading. Roll call vote: Mr. Labenberg, aye; Mr. Anders, aye; Mrs. Watt, aye; Mr. Balliet, aye; Mr. Hoenscheid, aye; Ms. Baumgartner, aye. There were 6 ayes. Motion carried. ORDINANCE NO. 1269: AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 15 §602.3.A OF THE EMMAUS BOROUGH CODE, REVOKING A RESIDENTIAL PERMITTED DISABLED PARKING SPACE AND ASSIGNING A NEW RESIDENTIAL PERMITTED DISABLED PARKING SPACE ON THE PUBLIC STREET LOCATED IN FRONT OF 38 N 6TH STREET WITHIN THE BOROUGH OF EMMAUS (1st Reading 7.15.2024) Motion by Mr. Labenberg, seconded by Mrs. Watt to adopt Ordinance 1269 – An Ordinance of the Borough of Emmaus, Lehigh County, Pennsylvania, amending Chapter 15 §602.3.A of the Emmaus Borough Code, revoking a residential permitted disabled parking space and assigning a new residential permitted disabled parking space on the public street located in front of 38 N 6th Street within the Borough of Emmaus on its first reading. Roll call vote: Mr. Labenberg, aye; Mr. Anders, aye; Mrs. Watt, aye; Mr. Balliet, aye; Mr. Hoenscheid, aye; Ms. Baumgartner, aye. There were 6 ayes. Motion carried. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert read Proclamation 2024 – 599: National Night Out Progress. COMMITTEE REPORTS July 15, 2024 70 EMMAUS BOROUGH COUNCIL a. Public Works Committee Mr. Anders stated that the next Committee meeting is Monday, August 12, 2024, at 4:45PM via Zoom and in-person. Progress. b. Health, Sanitation, and Codes Committee Mr. Anders reported that the next Committee meeting is Tuesday, July 16, 2024, at 4:45PM in person and via Zoom. Progress. c. Parks and Recreation Committee Motion by Mr. Hoenscheid, seconded by Mr. Labenberg to approve the 2024 Fifth Street Cross event season. There were 6 ayes. Motion carried. Motion by Mr. Hoenscheid, seconded by Mr. Labenberg to approve EYA to erect a building on the property adjacent to the South Fourth Street ball fields contingent upon Zoning and Codes approval. Motion amended by Mr. Hoenscheid, seconded by Mr. Labenberg to authorize EYA to erect a building adjacent to the South Fourth Street ball fields with the understanding that all fixtures shall be the property of the Borough of Emmaus and subject to any ground lease executed by the Borough at the Borough’s sole discretion and contingent upon Zoning and Codes. There were 6 ayes. Motion carried. Motion by Mr. Hoenscheid, seconded by Mr. Labenberg to hire Dalphine Gibbs as a group exercise instructor for the Borough of Emmaus at the rate of $55.00 per instructed class. There were 6 ayes. Motion carried. Mr. Hoenscheid reported that the next Committee meeting is Thursday, August 15, 2024, at 4:45PM via Zoom. Progress. d. Public Safety Committee Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to approve the EMS structure model Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to authorize the Borough Manager to seek approval from the Civil Service Commission to begin the hiring process. There were 6 ayes. Motion carried. Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to authorize the Borough Manager to seek approval from the Civil Service Commission to begin the promotions process. There were 6 ayes. Motion carried. July 15, 2024 71 EMMAUS BOROUGH COUNCIL Ms. Baumgartner reported that the next Committee meeting is Wednesday, August 14, 2024, 9:00AM in person and via Zoom. Progress. e. General Administration Committee Motion by Mr. Labenberg, seconded Mrs. Watt to approve the Gannett Fleming grant application proposal. There were 6 ayes. Motion carried. Mr. Labenberg reported that the next Committee meeting is Wednesday, July 17, 2024, at 10:00AM. Progress. f. Budget & Finance Committee Resolution 2024 - 19 authorizing payment of the July 15, 2024 Bill List as follows: Bill List $ 1,588,073.28 Payroll #13 & #14 $ 428,158.81 Payroll Taxes $ 134,267.79 Total $ 2,150,499.88 Done this 15th day of July 2024. Motion by Mr. Balliet, seconded by Mr. Labenberg to adopt Resolution 2024 - 19. There were 6 ayes. Motion carried. Motion by Mr. Balliet, seconded by Mr. to appoint Conrad Siegel as the pension actuary contingent upon a contracted investment fee as a fixed rate. There were 6 ayes. Motion carried. Mr. Balliet entertained questions about the Significant Revenue and Expense Items for the first half of July 2024. Mr. Balliet reported that the next Committee meeting is Wednesday, August 7, 2024, at 11:00AM via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Watt reported that the next Committee meeting is Tuesday, August 13, 2024, at 5:00PM in person and via Zoom. Progress. PERSONAL APPEALS, PART II – None. July 15, 2024 72 EMMAUS BOROUGH COUNCIL EXECUTIVE SESSION – None. BOROUGH MANAGER’S REPORT Public Works Department Group Leader Promotion – Mr. Pepe stated that the promotion has been postponed due to a candidate out on military duty. Ryan Crawford, AEMT – Mr. Pepe congratulated Mr. Crawford for earning AEMT certification. Hire Tyler McCulloch as a Part Time Auxiliary Officer – Mr. Pepe reported that Chief Apgar stated Mr. McCulloch will work park duty. Promote Public Works Department Employee Tyler Llewellyn to Class 3 Motion by Mr. Anders, seconded by Mr. Labenberg to promote Tyler Llewellyn to a Class 3 Public Works Department employee. There were 6 ayes. Motion carried. Progress. PRESIDENT’S BUSINESS – None. ADJOURNMENT Motion by Mr. Labenberg seconded by Mr. Hoenscheid to adjourn the July 15, 2024 Emmaus Borough Council Meeting. There were 6 ayes. Motion carried. The meeting was adjourned at 7:56PM. Shane M. Pepe Transcribed by: Jessica Wessner Borough Manager Administrative Assistant July 31, 2024