Borough Council Meetings

September 16, 2024 85 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on September 16, 2024, in Council Chambers and via Zoom. CALL TO ORDER Council President Chad Balliet called the Council meeting to order at 6:00PM. Roy Anders Present Chad Balliet, Council President Present Shana Baumgartner, Council Vice President Present Nathan Brown Present Chris Hoenscheid Present 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 MaryAnn Gianna, 148 Crest Way, Building 24, stated that the Colonial Crest apartment complex does not have ADA compliant sidewalks. She explained that she has contacted the corporate office for Colonial Crest Apartments requesting curb cuts be done at the facility. Mrs. Gianna reported that the corporate office stated that they are not required and are unwilling to update the sidewalks with ADA curb cuts. Attorney Ulrich stated that Colonial Crest is a private entity and therefore the Borough is unable to mandate ADA compliance. Mrs. Gianna explained the challenges she faced while walking her wheelchair bound husband. She stated that an area on N. 10th Street almost caused her to upend her husband. Mr. Pepe asked Mrs. Gianna where on N. 10th Street this happened. He determined that she was speaking about the 10th Street culvert. Mr. Pepe stated that the issue on N. 10th Street will be addressed. COMMUNITY MINUTE Mr. Balliet reported that the Laura Street Playground ribbon cutting ceremony will be held on Monday, September 30, 2024, at 6:00PM. SPECIAL PRESENTATIONS Benjamin Brown, Emmaus Veterans Association, stated that the Association came before Borough Council in May with ideas for a project to update Memorial Triangle Park. He explained that the Association planned to fundraise and apply for applicable grants to fund the $120,000 project. Mr. Brown stated that he and Mr. Eyer were in attendance to inform Council that, due to a generous donation made anonymously, they have successfully reached their fundraising goal of $120,000. Motion by Mr. Hoenscheid, seconded by Mr. Labenberg to approve work to begin on the Memorial Triangle Park project. There were 7 ayes. Motion carried. James Adams, Accreditation Program Coordinator for the Pennsylvania Chiefs of Police Association, stated that the Emmaus Police Department began working towards Accreditation in 2002. In 2006, they became an accredited agency. Mr. Adams explained that to be accredited, a law enforcement September 16, 2024 86 EMMAUS BOROUGH COUNCIL agency must have 170 proofs of compliance with the Pennsylvania Law Enforcement Accreditation Program’s best practices and standards. He reported that there are about 1,100 law enforcement agencies in Pennsylvania and that only 172 of those agencies are accredited. Mr. Adams stated that the Premier Agency Status recognizes agencies committed to state accreditation and to a philosophy of excellence. He explained that an agency must be reaccredited 5 times without provisions or an extension to achieve Premier Status. Mr. Adams reported that the Emmaus Police Department is one of only 33 agencies in Pennsylvania that has achieved Premier Status. Mr. Adams presented the Emmaus Police Department with two certificates recognizing this achievement. Mr. Balliet called the meeting to recess at 6:24PM. The meeting reconvened at 6:25PM. READING OF MINUTES Motion by Mr. Hoenscheid, seconded by Ms. Baumgartner to adopt the September 3, 2024, Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS Motion by Mr. Labenberg, seconded by Mrs. Watt to award Penn Community Bank the bid to provide banking services for the Borough of Emmaus. There were 7 ayes. Motion carried. COMMUNICATIONS Recreation & Entertainment Commission 2025 Events Request – referred to staff Jill Zavidowsky Event Request – referred to the General Administration Committee St. Matthews EC Church Light in the Night Trunk or Treat Event Request – October 25th – the Mayor approved the event road closure request BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT – None. Progress. UNFINISHED BUSINESS, PART I 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) (2nd Reading 9.16.2024) Motion by Mr. Anders, seconded by Mr. Brown to remove from the table 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 September 16, 2024 87 EMMAUS BOROUGH COUNCIL Economic Revitalization Tax Assistance Act and establishing standards and qualifications for obtaining such exemption. There were 7 ayes 0 nays. Motion carried. Mr. Balliet questioned a 5-year tax exemption timeframe in relation to the 5-year sunset of the Ordinance. Attorney Ulrich explained that once a tax exemption is granted the timeframe is unaffected by the Ordinance sunsetting. Ms. Baumgartner questioned the language stating the schedule for tax relief shall not exceed 10 years. Attorney Ulrich stated that the statement is statutory language and does not affect the Borough’s decision to limit the schedule to 5 years. Motion by Mr. Anders, seconded by Mr. Hoenscheid to adopt 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 on its second reading. Roll call vote: Mrs. Watt, aye; Mr. Anders, aye; Mr. Labenberg, aye; Mr. Hoenscheid, aye; Mr. Brown, aye; Ms. Baumgartner, aye; Mr. Balliet, aye. There were 7 ayes. Motion carried. ORDINANCE 1270: 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 ASSIGN A PERMITTED PARKING SPOT ON THE PUBLIC STREET LOCATED IN FRONT OF 224 ADRAIN STREET WITHIN THE BOROUGH OF EMMAUS (1st Reading 8.19.2024) (2nd Reading 9.16.2024) Motion by Mr. Labenberg, seconded by Mr. Anders to adopt Ordinance 1270 – 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 assign a permitted parking spot on the public street located in front of 224 Adrain Street within the Borough of Emmaus on its second reading. Roll call vote: Mr. Hoenscheid, aye; Mr. Brown, aye; Ms. Baumgartner, aye; Mrs. Watt, aye; Mr. Anders, aye; Mr. Labenberg, aye; Mr. Balliet, 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 Proclamation 2024 - 601: Remembrance Garden 20th Anniversary Proclamation 2024 - 602: Suicide Prevention Month / Suicide Prevention Day Proclamation 2024 - 603: Breast Cancer Awareness Month Proclamation 2024 - 604: Fire Prevention Week "Smoke Alarms: Make Them Work for you" Mayor's Activities Report for June 15, 2024 - September 10, 2024 Progress. September 16, 2024 88 EMMAUS BOROUGH COUNCIL COMMITTEE REPORTS a. Public Works Committee Mr. Anders reported that the next Committee meeting is Monday, October 14, 2024, at 4:45PM via Zoom and in-person. Progress. b. Health, Sanitation, and Codes Committee Mr. Brown reported that the next Committee meeting is Tuesday, September 17, 2024, at 4:45PM in person and via Zoom. Progress. c. Parks and Recreation Committee Mr. Hoenscheid reported that the next Committee meeting is Thursday, September 19, 2024, at 4:45PM via Zoom. Progress. d. Public Safety Committee Ms. Baumgartner reported that the next Committee meeting is Wednesday, October 9, 2024, 9:00AM in person and via Zoom. Progress. e. General Administration Committee Mr. Labenberg reported that the next Committee meeting is Wednesday, September 18, 2024, at 9:00AM. Progress. f. Budget & Finance Committee Mr. Pepe reported that this year’s Minimum Municipal Obligation for the Police Department’s plan is $699,725.59, an increase of $45,132.57 from last year, and the Non-Uniform Employee plan is $263,352.19, a decrease of $21,454.60 from last year. Motion by Mr. Balliet, seconded by Mr. Anders to approve the police and non-uniform employee plans’ minimum municipal obligation. There were 7 ayes. Motion carried. Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to approve the Financial Statements and Auditor’s Report for December 31, 2023. There were 7 ayes. Motion carried. September 16, 2024 89 EMMAUS BOROUGH COUNCIL Mr. Balliet entertained questions about the Significant Revenue and Expense Items for the first have of September 2024. Resolution 2024 – 22 authorizing payment of the September 16, 2024 Bill List as follows: Bill List $ 776,886.13 Payroll #18 $ 192,884.81 Payroll Taxes $ 61,822.89 Total $ 1,031,593.83 Done this 16th day of September 2024. Motion by Mr. Labenberg, seconded by Mr. Hoenscheid to adopt Resolution 2024 - 22. There were 7 ayes. Motion carried. Mr. Balliet reported that the next Committee meeting is Wednesday, October 2, 2024, at 11:00AM via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Watt reported that the next Committee meeting is Tuesday, October 8, 2024, at 5:00PM in person and via Zoom. Progress. PERSONAL APPEALS, PART II – None. EXECUTIVE SESSION – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that Richard DeFiore has achieved the rank of Fire Fighter Specialist. Mr. Pepe stated that there are a lot of request 3rd Monday in October. Progress. PRESIDENT’S BUSINESS – None. ADJOURNMENT Motion by Mr. Brown seconded by Mr. Hoenscheid to adjourn the September 16, 2024, Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 7:00PM. September 16, 2024 90 EMMAUS BOROUGH COUNCIL Shane M. Pepe Transcribed by: Jessica Wessner Borough Manager Administrative Assistant September 26, 2024