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Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 1125, 4/6/2015]
1. 
The President of the Borough Council shall, as soon as may be conveniently done after the first Monday of each even-numbered year, appoint the hereinafter named committees, which shall serve as departmental committees, as follows:
A. 
General Administration Committee.
B. 
Public Works Committee.
C. 
Health, Sanitation, and Codes Enforcement Committee.
D. 
Parks and Recreation Committee.
E. 
Public Safety Committee.
F. 
Community Relations, Planning, and Development Committee.
G. 
Budget and Finance Committee.
H. 
Employee Safety Committee.
I. 
The President shall also appoint such other committees as Council may designate to perform a certain task, review a certain issue or constitute a standing committee in another area of responsibility.
2. 
The President shall appoint Borough Council members to fill vacancies in the various departmental committees and such other committees as may be created from time to time by Council. New committees not specifically set forth hereinabove may be created or dissolved by motion by Borough Council, but the standing committees hereinabove established shall remain unless hereafter abolished by revision of this Part. All such departmental committees shall consist of not more than three members of the Borough Council, with the President of Council sitting as ex-officio member without a vote on committees where he is not a member. The President of Council may also designate the Chairman of the respective departmental committees. Every such departmental committee shall make report to Council as may be requested of it and shall be subject to the express orders of the Council. Committees shall be authorized to make inquiry, recommendations or motions, rules, resolutions or ordinances to be presented to the Borough Council and perform such other duties as may be delegated to committees which do not require the formal approval of a Borough Council vote. Committees shall not, however, exercise duties, powers or functions or make or authorize expenditures for which formal Borough Council action is required.
[Ord. 1125, 4/6/2015]
1. 
The General Administration Committee shall oversee and provide guidance to the Borough Manager, his/her activities and functions, and personnel of the central administrative officers of the Borough of Emmaus.
2. 
This Committee shall have further oversight over the assessment of conditions, care and maintenance of Borough Hall and such other buildings as need be designated by the Borough Council.
3. 
This Committee shall have further oversight in interviewing and recommending for appointment members of the following commissions, boards, and authorities: Arts Commission, General Authority, Library Board, Pension Board, Shade Tree Commission, Employee Safety Committee, and Vacancy Board. This Committee shall act as the liaison between Borough Council and the commissions, boards, and authorities listed above.
4. 
This Committee shall have further oversight in conducting initial interviews and narrowing the list of eligible candidates for the position of Borough Manager and Director of Finance/Treasurer. The Committee shall refer the narrowed list to be interviewed by the entire Borough Council. The Committee shall have further oversight of hiring all full-time clerical staff and Borough Hall employees. The Department Manager and Borough Manager shall conduct the first-round interview and shall narrow the list of eligible candidates to the Committee. The Committee shall conduct final interviews and make formal recommendations to Borough Council for appointment. In regards to hiring part-time employees, the Borough Manager and Department Manager shall conduct all interviews and refer to Council for appointment all part-time and seasonal employees.
[Ord. 1125, 4/6/2015]
1. 
The Public Works Committee shall have the responsibility for oversight of the water service, municipal sewer system, and the roads and highways, as set forth more specifically in the following paragraphs.
A. 
Highways.
(1) 
The Committee shall provide oversight and guidance for the opening, construction, grading, and paving of all streets, alleys, pavements, curbs, gutter, and street crossings, the construction and repairing of all bridges, sewers and culverts and the regulation of all watercourses and stormwater detention or retention facilities. The said Committee shall, in conjunction with the Borough Engineer, have prepared all plans and specifications for any of the aforesaid work, as may be required, and furnish Council with estimates of the cost thereof. Any such construction or work shall not be undertaken unless and until it is approved by the Borough Council in accordance with the appropriate provisions of the Borough Code.
(2) 
The Committee shall further have responsibility for the Borough garages, grounds used for storage of highway supplies, and all equipment purchased for highway use.
B. 
Water Service. The Committee shall provide oversight and guidance of the municipal waterworks and the entire water system, which responsibility shall extend to the care and maintenance of such apparatus, and shall be responsible for visitations and inspections of the said apparatus, fire plugs, and other outlets, determination of their condition and shall require the same to be in a state of readiness for service at all times; the Committee shall require the regular testing of water and water supplies as required by law and shall recommend to the Council water rates and require the preparation of and sending of all water bills, the provisions of said bills as to time. Hearings upon appeal and adjustments shall likewise be under the original jurisdiction of said Committee as governed by the Pennsylvania Administrative Procedures Act. The Committee shall, whenever required, with the assistance of the Borough Water Engineering Consultant (which shall be designated and appointed by Council), require the preparation of the plans and the specifications for any work whatsoever in this department and shall present the same to Council for any necessary approval.
C. 
Sewers. The Committee shall provide oversight and guidance of the municipal sewer system, which responsibility shall extend to the care and maintenance of such systems, and shall, by visitations and inspections of said system whenever and wherever possible, determine their condition and require the same to be in a reasonable state of repair for fulfillment of their functional purpose at all times; and shall require a regular testing of the system and the system's supplies and shall recommend to Council sewerage rates and require the preparation and sending of all sewerage bills in conjunction with the water bills as set forth by Borough ordinance. Hearings and appeals of such bills and adjustments thereof shall be under the original jurisdiction of the said Committee, operating under the procedures of the Pennsylvania Administrative Procedures Act. The Committee shall, whenever required, with the assistance of the Borough Sewer Engineering Consultant (which shall be designated by Council), require the preparation of plans and specifications for any work whatsoever within this department and shall present the same to Council for any necessary approvals.
D. 
Buildings. The Committee shall provide oversight and guidance to direct the Public Works Department to make any and all repairs to Borough-owned and non-Borough-owned buildings and properties as identified by the General Administration Committee and by Borough staff. The Committee shall provide oversight and guidance to the responsibility of day-to-day maintenance of all Borough-owned structures and properties.
2. 
The Public Works Committee shall provide oversight and guidance to the Director of Public Works over all personnel in the Public Works Department of the Borough of Emmaus.
3. 
The Public Works Committee shall have further oversight of conducting initial interviews for the position of Public Works Director and Assistant Public Works Director. The Committee shall refer the narrowed list to be interviewed by the entire Borough Council. The Committee shall have further oversight of hiring all full-time Public Works employees. The Department Manager and Borough Manager shall conduct the first-round interview and shall narrow the list of eligible candidates to the Committee. The Committee shall conduct final interviews and make formal recommendations to Borough Council for appointment. In regards to hiring part-time employees, the Borough Manager and Department Manager shall conduct all interviews and refer to Council for appointment all part-time and seasonal employees.
[Ord. 1125, 4/6/2015]
1. 
The Health, Sanitation, and Codes Enforcement Committee shall provide oversight and guidance over solid waste collection in the Borough, although said supervision, in whole or in part, may be delegated to the Board of Health, the Borough Manager, or another appointed official of the Borough of Emmaus.
2. 
This Committee shall also provide oversight and guidance over all curbside recycling programs and the yard waste site.
3. 
All liaisons between the Borough Council and the Board of Health shall be handled by this Committee.
4. 
This Committee shall provide oversight and guidance of the operations of the Codes Enforcement and Zoning Department and shall provide guidance to the Zoning Officer in matters needing Council attention, including, but not limited to, identifying and remedying derelict properties, property maintenance, fire inspector, recommendations to Borough Council for Zoning and Planning Ordinance amendments, and other matters relating to the department.
5. 
This Committee shall have further oversight in interviewing and recommending for appointment members of the following commissions, boards, and authorities: Building Board of Appeals, Planning Commission, Zoning Hearing Board, Board of Health, and the Joint Environmental Advisory Council. This Committee shall act as the liaison between Borough Council and the commissions, boards, and authorities listed above.
6. 
This Committee shall have further oversight in conducting initial interviews and narrowing the list of eligible candidates for the position of Codes Enforcement/Zoning Officer, Fire Inspector, and Weed/Snow Enforcement Officer. The Committee shall refer the narrowed list to be interviewed by the entire Borough Council. In regards to hiring part-time employees, the Borough Manager and Department Manager shall conduct all interviews and refer to Council for appointment all part-time and seasonal employees.
[Ord. 1125, 4/6/2015]
1. 
This Committee shall provide oversight and guidance to the responsibility of all grounds and buildings used for public recreational purposes and shall require all apparatus and recreational facilities of whatever character to be used, managed and maintained in accordance with the requirements of public safety and recreation. The Borough recreation program shall be under the jurisdiction of this Committee, and it shall also coordinate other recreational programs having use of the Borough facilities. The Emmaus Public Library building shall remain under supervision of the Board of Directors of the Emmaus Public Library.
2. 
The Parks and Recreation Committee shall have oversight and guidance in conjunction with the Public Works Director of the pool manager and pool-related personnel, including, but not limited to, lifeguards, clerks, and other personnel. This Committee shall also provide oversight and guidance of all concession stand operations.
3. 
This Committee shall have further oversight in interviewing and recommending for appointment members of the following commissions, boards, and authorities: Parks and Recreation Commission, Special Entertainment Commission. This Committee shall act as the liaison between Borough Council and the commissions, boards, and authorities listed above.
[Ord. 1125, 4/6/2015]
1. 
This Committee shall provide oversight and guidance of all fire apparatus, emergency care, ambulance, police, and other equipment placed in charge of said Committee by proper action of Council, owned by the Borough, as well as advisory supervision of all such apparatus owned by the respective fire companies operating within the Borough, as well as the ambulance service and Police Department and supervision of operations. This Committee shall work in cooperation with the Mayor of the Borough and shall not contravene the legal authority of the Mayor as said authority over the Police Department is delegated in the Borough Code.
2. 
The Public Safety Committee shall provide oversight and guidance over the personnel in the Fire Department, Ambulance Corps and the Police Department.
3. 
This Committee shall have further oversight in interviewing and recommending for appointment members of the following commissions, boards, and authorities: Civil Service Commission, Emergency Disaster Board. This Committee shall act as the liaison between Borough Council and the commissions, boards, and authorities listed above.
4. 
The Public Safety Committee shall have further oversight of conducting initial interviews for the position of Ambulance Chief, Emergency Management Coordinator, Fire Chief, and Police Chief. The Committee shall refer the narrowed list to be interviewed by the entire Borough Council. The Committee shall have further oversight of hiring all full-time ambulance employees, Fire Department employees, and Police Department employees, pursuant to the requirements of the civil service process and other applicable statutes. In hiring non-civil-service employees, the Department Manager and Borough Manager shall conduct the first-round interview and shall narrow the list of eligible candidates to the Committee. The Committee shall conduct final interviews and make formal recommendations to Borough Council for appointment. In regards to hiring part-time employees, the Borough Manager and Department Manager shall conduct all interviews and refer to Council for appointment all part-time and seasonal employees.
[Ord. 1125, 4/6/2015; as amended by Ord. 1155, 5/15/2017]
The Community Relations, Planning, and Development Committee shall have as its general purpose the development of policies and proposals concerning the preservation and improvement of the vitality and quality of life of the Borough of Emmaus. The Committee shall be responsible for developing and maintaining relationships between the Borough and the business community, nonprofit organizations, school organizations, and any other entities affecting the Borough. Interfacing with the Emmaus Planning Commission, the Committee will be responsible for the creation and implementation of long-range planning for the community as a whole. The committee shall also serve as the Council liaison to review plans referred by the Emmaus Planning Commission as well as those from neighboring communities, in accordance with the Comprehensive Plan. The Committee shall work with the Borough Manager, department heads, and representatives from the community in order to prioritize special projects and grants, reporting to the Council those projects which meet its established criteria. The Committee shall also act as a liaison in assisting with recruiting, retaining, and assisting Borough businesses and economic organizations in applying for state and federal funding to assist their business operations. The committee shall periodically meet with economic development and business groups throughout the Borough of Emmaus, as well as members of the Emmaus Planning Commission, to review the Comprehensive Plan of the Borough of Emmaus and to plan for future development of the Borough. The committee shall assist and oversee grants applications and grant management for development projects, including, but not limited to, tree grants, CDBG grants, third-party grants, facade grants, streetscape grants, and other development grants. The committee shall oversee and serve as the Borough Council liaison for events, including, but not limited to, Flag Day, Memorial Day Parade, Halloween Parade, races, and any events on Borough properties not otherwise in conflict with § 1-405 of this part. The committee shall also have oversight of the Shade Tree Commission as well as the community-wide functions of the Arts Commission. The Committee shall work with department heads and businesses, and shall serve as the Council liaison for municipal development projects as well as large construction and development projects in the community.
[Ord. 1125, 4/6/2015]
The Committee shall provide oversight and guidance for the preparation, presentation, revisions and completion of the annual budget estimate of revenues and expenditures for each ensuing year and for compliance with mandatory submission to the Department of Community and Economic Development in accordance with procedures established by the Borough Code of the Commonwealth of Pennsylvania. This Committee shall also recommend the rate of tax or taxes required to be levied to meet the proposed expenditures and shall hear all appeals from taxes levied where jurisdiction is not otherwise assigned by statute and make appropriate recommendation to Council. The Committee shall also schedule special Council meetings and workshops to present and amend the proposed budget to Borough Council, in conjunction with the Borough Manager and Department Managers. This Committee shall also review all bills on the bill list submitted to Council for approval and have oversight of spending in compliance with budgeted categories.
[Ord. 1125, 4/6/2015]
As per the adoption of the Employee Safety Committee By-Laws and Mission Statement in Resolution 2014-21, the Committee shall have oversight of employee safety programs. The Committee shall work to increase safety and safety awareness among departments in the Borough. The Committee shall strive to reduce workers' compensation claims and costs. The Committee shall include both representatives of management and nonmanagement employees, representing each department in the Borough. Borough Council may appoint one Council member to the Employee Safety Committee. The Borough Council shall appoint all members of the Committee.
[Ord. 1125, 4/6/2015]
1. 
All of said committees and such other committees as may be created by motion of the Borough Council shall perform such other duties as may be delegated or required of them by Council and shall, beyond such additional specific duties conferred upon them, make regular advisory reports to the Council. The Chairperson of the respective committees may appoint a Secretary, who shall, when requested by Council to do so, file written reports on any essential matters with Council, and said reports shall be signed by said respective Committee members or the Chair on behalf of the Committee.
2. 
Nothing contained herein shall limit the appointment of other committees not specified hereinabove as Council may desire, and Council may also, by motion, change the duties and powers of newly established committees not specified as departmental committees herein, or enlarge, decrease, or annul the same as may be deemed proper.
3. 
All temporary, ad hoc or special, proposed committees previously created by Council and in existence on the date of this Part shall continue in full force and effect upon the passage of this Part.
4. 
It is not the intention of Borough Council to disrupt, conflict with, or otherwise interfere with the job descriptions and duties of the Borough Manager and department heads. In any such case that the description of a Council committee may interfere with the job description or duties of the Borough Manager or department heads, it is the intention of Borough Council that the established Borough Manager or department head job description shall take precedence.
[Ord. 675, 11/17/1986]
The administration of the health laws and ordinances in the Borough of Emmaus shall be enforced by a Board of Health, a Health Officer and a Code Enforcement Officer.
[Ord. 675, 11/17/1986]
A Board of Health is hereby established in and for the Borough of Emmaus. It shall be composed of five members, at least one of whom shall be a practicing physician for at least two years. The members of the Board shall be appointed by Borough Council for a term of five years, staggered in such a way that the term of one member shall expire at the end of each year. The aforesaid appointments for a specified term notwithstanding, a Board member may stay in office until a successor qualifies or is appointed, or the Borough Council may remove any member of the Board, at the pleasure of the Borough Council. The members of the Board of Health shall serve without compensation. They shall severally take and subscribe to the oath of office prescribed by law and shall annually organize by electing a president who must be, and a secretary who need not be, a member of the Board. Members of the Board of Health need not give bond in order to assume office.
[Ord. 675, 11/17/1986]
The Board of Health shall have the power and its duty shall be to supervise the enforcement of the health laws of the Commonwealth as well as regulations of the State Department of Health and all health ordinances in the Borough of Emmaus in accordance with 53 P.S. § 48106. In addition, the Board of Health shall function as a Board of Appeals for all appeals of the decisions of the Health Officer.
The Board of Health shall recommend such rules and regulations not inconsistent with law and the authority conferred upon boroughs as shall be deemed necessary for the preservation of the public health. Such rules and regulations shall not become effective until they have been approved by Borough Council and enacted as ordinances of the Borough.
[Ord. 675, 11/17/1986]
The secretary of the Board of Health shall perform the duties outlined in 53 P.S. § 48104 and shall receive such compensation as may be provided from time to time by the Board of Health subject to the appropriations of the Borough Council.
[Ord. 675, 11/17/1986]
The Board of Health with the approval of Borough Council shall appoint a Health Officer who shall be certified by the State Department of Health in accordance with the regulations of the Department in accordance with 53 P.S. § 48101 and 28 Pa. Code § 11.1. Such Health Officer shall have the powers and perform the duties provided by 53 P.S. § 48105. All official actions shall be performed in the name and under the signature of the Health Officer.
[Ord. 735, 7/16/1990, § 1]
The Board of Health shall ensure that all establishments serving food and drink for consumption by the public comply with the provisions of 25 Pa. Code, Chapter 151 and all sections contained therein, establishing rules and regulations pertaining to food establishments. 25 Pa. Code, Chapter 151, is incorporated herein by reference as prescribing the rules and regulations governing enforcement of this section by the Board of Health or any duly appointed Health Officer.
[Ord. 1076, 3/21/2011]
The Pennsylvania Retail Food Facility Safety Act, 3 Pa.C.S.A., Chapter 57, Subchapter A, §§ 5701-5714, and Subchapter B, §§ 5721-5737, and Chapter 65, §§ 6502-6504, 6508, 6510, and § 8101 of Title 3, as amended, dealing with the Food Employee Certification Act, are adopted and approved for enforcement as part of this chapter of the Codified Ordinances for the Borough of Emmaus, and that all future amendments, revisions and updates involving the new Food Code regulations be adopted and made part of the Codified Ordinances as they become adopted and published by the Pennsylvania Department of Agriculture.