Brookhaven council approves lease extension, subdivision and escrow release; adopts recycling update

Brookhaven Borough Council on Feb. 3 adopted a package of resolutions and motions that included a five-year lease extension with Delaware County for the borough’s magisterial district court, preliminary and final subdivision approval for property owned by Our Lady of Charity (OLC), and a first partial escrow release to Brookhaven Center Associates Limited Partnership.

The actions came during the council meeting at the Brookhaven Borough Municipal Building as the solicitor summarized each item and members moved and voted by voice. The council also approved updates to the borough’s recycling ordinance required for state recycling performance grant eligibility and authorized repairs at the sewage treatment plant.

The most significant financial change in the package is the lease extension with the County of Delaware. The five-year lease begins March 1, 2025, and runs through Feb. 28, 2030, with annual rent rising from the current $50,853 to $75,900 in the lease’s first year and $83,490 in the final year. The solicitor told council the agreement was “a win-win situation” for the county and borough and would keep court hearings close to borough police officers’ work locations.

On land use, council granted preliminary and final subdivision approval to Our Lady of Charity to split a roughly 12-acre parcel into two lots (Lot 1, 4.42 acres; Lot 2, 7.63 acres). The subdivision had received review comments and approvals from the Delaware County Planning Commission, the borough planning commission and the borough engineer; the zoning hearing board previously granted parking and side-yard variances tied to the plan. The solicitor said the borough is under contract to purchase Lot 2 and hoped settlement would occur by the end of the month.

Council approved a partial escrow release of $89,030.70 to Brookhaven Center Associates for completion of public improvements at the Brookhaven Shopping Center after the borough engineer certified the work. The solicitor also reported the borough expects to receive loan proceeds from the Delaware Valley Regional Finance Authority and partial Delaware County grant disbursements connected to the OLC acquisition.

On municipal operations, council approved repair work at the borough’s sewage treatment plant to replace failed variable frequency drives and samplers (repair costs noted in the meeting as $11,550 and $19,795). Council authorized the solicitor to execute a stipulation settling a residential tax-assessment appeal for property at 347 Patton Avenue for tax years 2023–2025. The meeting also included adoption of an amended borough recycling ordinance to ensure compliance with Pennsylvania’s Act 101 and allow eligibility for state recycling performance grants.

Routine administrative motions carried as well: approval of the Jan. 6 minutes, approval of the bills list (general, trash and sewer funds totaling $301,861.04), reappointments and committee membership changes, and certification of a civil service eligibility list for two full-time police positions.

Votes at a glance

- Resolution authorizing solicitor to execute stipulation in tax-assessment appeal (347 Patton Ave., years 2023–2025): motion moved and seconded; voice vote “Aye”; outcome: approved. - Five-year commercial lease extension with Delaware County (Brookhaven Magisterial District Court), March 1, 2025–Feb. 28, 2030: motion moved and seconded; voice vote “Aye”; outcome: approved. Initial annual rent: $75,900; final year rent: $83,490. Current annual rent: $50,853. - Resolution granting preliminary/final subdivision approval to Our Lady of Charity (split of ~12-acre parcel into 4.42-acre Lot 1 and 7.63-acre Lot 2): motion moved and seconded; voice vote “Aye”; outcome: approved. - Resolution authorizing first partial escrow release to Brookhaven Center Associates (Brookhaven Shopping Center): amount $89,030.70; motion moved and seconded; voice vote “Aye”; outcome: approved. - Authorization to perform sewage treatment plant repairs (variable frequency drives and samplers): combined repair amounts cited $11,550 and $19,795; motion moved and seconded; voice vote “Aye”; outcome: approved. - Ordinance to update the borough recycling code for Act 101 compliance (to remain eligible for Pennsylvania recycling performance grants): motion moved and seconded; voice vote “Aye”; outcome: approved. - Application resolution to the county for 2025 street resurfacing allocation (borough share $7,128): motion moved and seconded; voice vote “Aye”; outcome: approved. - Approval of bills report: General, Trash and Sewer funds totaling $301,861.04: motion moved and seconded; voice vote “Aye”; outcome: approved.

What this means

Council’s actions clear the way for the borough to finalize the planned OLC purchase and for the county to remain in the Brookhaven magisterial court space under higher rent over the next five years. The recycling ordinance change keeps the borough eligible for state grant funds. The approved sewer-plant repairs were described in council discussion as necessary to keep the treatment plant in operation.

Council did not provide a roll-call tally for most votes; votes were taken by voice and recorded as “Aye” without named tallies.

Ending

The council’s legal and finance items were the most time-consuming portion of the Feb. 3 meeting. Agenda business also included multiple public presentations, public comment about a condominium management dispute, department reports from fire and police, and presentations from the Red Cross and Middletown (Middletown) Library.