BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS
LEHIGH COUNTY, PENNSYLVANIA
ORDINANCE NO. 1176
AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING THE CODE OF ORDINANCES, AMENDING PART 3 OF CHAPTER 1, ADDING SECTION G, CREATING A COMMUNITY GARDEN COMMISSION.
WHEREAS, the Borough of Emmaus, through the Code of Consolidated Ordinances, has established volunteer Commissions to assist with many of the important operational functions of the Borough of Emmaus;
WHEREAS, volunteer participation plays a critical role to the vitality of the community; and
WHEREAS, the Borough of Emmaus had previously created and established a Community Garden for local residents and non-residents to utilize to grow vegetables, herbs, fruits, and flowers; and
WHEREAS, over the years, a group of volunteers self-managed the Community Garden; and
WHEREAS, in recent years, Borough administration has reluctantly undertaken the management of the Community Garden; and
WHEREAS, it is the desire of Borough Council to create a Commission of volunteers to help administer the Community Garden, educate the public and gardeners, and promote the advantages and healthy lifestyle of gardening in the Community Garden.
NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED that Part 8 of Chapter 1 of the Borough of Emmaus Code of Consolidated Ordinances shall be amended to read as follows:
Community Garden Commission
Creation and Composition:
A Community Garden Commission, consisting of up to seven (7) members, shall be created and its membership shall be appointed by the Emmaus Borough Council.
Powers and Duties:
The Borough of Emmaus seeks to foster and promote a welcoming garden space for growing vegetables, herbs, fruits, and flowers to any individual or representative of a community organization for their own use, or to be collected and distributed to area organizations that feed the disadvantaged. The Borough seeks to strengthen and educate community gardeners and the public at large through outreach, networking, and advocacy, to grow, harvest, use, and distribute food in our community, while developing programs to train garden members. The Community Garden Commission will strive to educate and include the public at large in events at the garden and other facilities. The garden will be well managed; all garden plots and common spaces will be well-maintained and used productively.
The Commission shall have the authority to raise funds for its activities and make those expenditures, as approved by the Borough Council, necessary for the activities of the Commission.
Qualifications of Members:
Commission members shall be current or past members of the Community Garden and shall include one member of the Emmaus Borough Council and the Borough Manager. Voting members shall have been an active member of the Community Garden for at least one full growing season. The Borough Manager and Council member shall be non-voting members and shall serve in an advisory position and liaison to the Borough Council. Non-voting members shall not count towards the membership total.
Terms:
The initial terms of the first four (4) members shall be for a period of four (4) years. The initial term for the following three (3) members shall be for a period of three (3) years. After their initial terms, all successive terms shall be for a period of four (4) years.
Additional Responsibilities:
The Commission shall maintain a set of By-Laws. The initial By-Laws of the Commission shall be established by Borough Council. The Commission, from time to time, may amend the By-Laws with a majority vote of the Commission as well as official adoption by Borough Council. The By-Laws shall establish officer positions within the Commission as well as subcommittees, meeting requirements, and other roles, responsibilities, and duties of the Commission.
Annual Report:The Community Garden Commission shall annually report in writing to Borough Council. The report shall contain a statement detailing all activities conducted during the year, the number of gardeners, estimated pounds of vegetation donated to charity, and all other relevant information relating to the garden and the operations of the Commission. In addition, each annual report shall contain an income/expense statement.
BE IT FURTHER ORDAINED AND ENACTED that all existing Ordinances of the Borough or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed.
BE IT FURTHER ORDAINED AND ENACTED that if any section or provision of this Ordinance is declared by any Court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this Ordinance as a whole, nor the constitutionality, legality, or validity of any other section or provision of this Ordinance other than the one so declared to be unconstitutional, illegal, or invalid.
DULY ADOPTED this 18th day of June, 2018, in lawful session duly assembled.
SHANE M. PEPE BRENT A. LABENBERG
Borough Manager Borough Council President
AND NOW, this 18th day of June, 2018, the above Ordinance No. 1176 is hereby APPROVED by the Borough of Emmaus in due course.
LEE ANN GILBERT, Mayor
Borough of Emmaus
