Borough Council Meetings

February 18, 2025 17 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on February 18, 2025, in Council Chambers and via Zoom. CALL TO ORDER Council President Chad Balliet called the Council meeting to order at 6:05PM. Roy Anders Present Chad Balliet, Council President Present Shana Baumgartner, Council Vice President Present Nathan Brown Present Chris DeFrain Present Brent Labenberg Present Kate Watt Present Lee Ann Gilbert, Mayor Present Jason Ulrich, Solicitor Present Shane Pepe, Borough Manager Present PERSONAL APPEALS, PART I – None. COMMUNITY MINUTE Mayor Gilbert reported that The Fries Rebellion film will be shown at St. John’s Lutheran Church, 501 Chestnut Street, on Wednesday, February 19, 2025 at 7:00PM. Mayor Gilbert stated that, for its 222nd year anniversary, the 1803 House is having a fundraiser at Yergey’s Brewing, 235 Main Street, on Saturday, February 25, 2025, from 2:00PM to 6:00PM. Mayor Gilbert thanked The Mercantile Club, 427 Railroad Street, for donations to the Borough’s emergency services departments. SPECIAL PRESENTATIONS Jacques Battiste, Executive Director, FBI-LEEDA, presented the FBI-LEEDA Trilogy Award to the Emmaus Police Department command staff. Mr. Battiste stated that only 187 agencies in the country have received the Trilogy Award. Mr. Battiste explained that the Trilogy Series, often referred to as “the leadership journey” curriculum, has been constructed to form a whole educational experience on leadership. The 3 components, The Supervisor Leadership Institute, The Command Leadership Institute, and The Executive Leadership Institute each add a set of new leadership concepts. He stated that it’s a requirement for everyone that gets promoted. Mr. Balliet called a brief recess at 6:13PM and reconvened the meeting at 6:15PM. READING OF MINUTES Motion by Mr. Labenberg, seconded by Ms. Baumgartner to adopt the February 3, 2025, Council Minutes as drafted. There were 7 ayes. Motion carried. DECISION ON BIDS February 18, 2025 18 EMMAUS BOROUGH COUNCIL Mr. Pepe discussed the construction bids that were received for the PFAS mitigation project. Mr. Pepe explained that we received 7 bids for general construction, all of which were very close. He stated that 1 bid for plumbing, 1 bid for HVAC, and 2 bids for electrical were received. Mr. Pepe stated that the project will come in well below the estimated $11.8 million and that our grant and loan amounts will be reduced proportionately. Motion by Mr. Labenberg, seconded by Mr. DeFrain to award the PFAS Construction Project – General Construction bid to Worth & Company in the amount of $4,426,660 contingent on final review by the Borough’s engineer and solicitor. There were 7 ayes. Motion carried. Motion by Mr. Labenberg, seconded by Mr. DeFrain to award the PFAS Construction Project - Plumbing bid to The Warko Group in the amount of $269,282 contingent on final review by the Borough’s engineer and solicitor. There were 7 ayes. Motion carried. Motion by Mr. Anders, seconded by Mr. DeFrain to award the PFAS Construction Project - Mechanical/ HVAC bid to The Warko Group in the amount of $261,146 contingent on final review by the Borough’s engineer and solicitor. There were 7 ayes. Motion carried. Motion by Mr. Labenberg, seconded by Mr. DeFrain to award the PFAS Construction Project - Electrical bid to North End Electric in the amount of $724,000 contingent on final review by the Borough’s engineer and solicitor. There were 7 ayes. Motion carried. Mr. Pepe discussed the proposal by Gannett Fleming to complete the project management portion of the PFAS mitigation. He stated that the proposal covers closing and administration of the PennVest funding, fabrication, programming and testing control panels, completion of the wastewater planning module, and providing a residential representative on site during the duration of construction. Motion by Mr. Labenberg, seconded by Mr. DeFrain to award the PFAS Construction Project - Construction Management Contract bid to Gannett Fleming in the amount of $1,150,000. There were 7 ayes. Motion carried. COMMUNICATIONS Megan Brehm Recreation and Entertainment Commission Volunteer application. – referred to the Parks and Recreation Committee. Justin Fulmer Recreation and Entertainment Commission Volunteer application – referred to the Parks and Recreation Committee. Letter from Doris Farrar – referred to the Public Works Committee. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT – None. UNFINISHED BUSINESS, PART I – None. NEW BUSINESS – None. UNFINISHED BUSINESS, PART II – None. February 18, 2025 19 EMMAUS BOROUGH COUNCIL ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Mayor Gilbert reported that National Night Out will be held on Tuesday, August 5, 2025, 6:00PM to 8:30PM. She stated that 12 organizations have already confirmed and that there will be a petting zoo. Progress. COMMITTEE REPORTS a. Public Works Committee Mr. Anders stated his gratitude to the Public Works’ employees for their work in resolving the numerous recent water main breaks and resuming water service to the residents. Mr. Pepe stated that the tentative numbers for the LCA sewer upgrade have been provided to us. Waterworth did an analysis based on previous numbers, which helped set our water and sewer rates. He further stated that, on behalf of LCA, Raftellis has conducted a rate analysis as well. Mr. Pepe stated that the numbers will be compared, however, based on LCA’s projected rates, there will most likely be a lot of municipal push back. Solicitor Ulrich confirmed that there are many concerns with LCA’s proposed agreements. Mr. Anders reported that the next Committee meeting is Monday, March 10, 2025, at 4:45PM. Progress. b. Health, Sanitation, and Codes Committee Mr. Brown stated the Public Hearing for the Zoning Ordinance and SALDO will take place at the March 3, 2025, Council meeting. He further stated that the Ordinance could be adopted at the meeting barring any need for significant changes. Mr. Brown reported that the next Committee meeting is Tuesday, March 18, 2025, at 4:45PM. Progress. c. Parks and Recreation Committee Mr. Balliet reported that the next Committee meeting is Thursday, February 20, 2025, at 4:45PM. Progress. d. Public Safety Committee Ms. Baumgartner reported that the next Committee meeting is Thursday, March 12, 2025, at 9:00AM. Progress. February 18, 2025 20 EMMAUS BOROUGH COUNCIL e. General Administration Committee Mr. Labenberg reported that the next Committee meeting is Wednesday February 5, 2025, at 9:00AM via Zoom. Progress. f. Budget & Finance Committee Resolution 2025 – 5, authorizing payment of the February 18, 2025, Bill List as follows: Bill List $ 619,399.90 Payroll #3 $ 199,414.27 Payroll Taxes $ 65,442.96 Total $ 884,257.13 Done this 18th day of February 2025. Motion by Mr. DeFrain, seconded by Mrs. Watt to adopt Resolution 2025 - 5. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for the first half of February 2025. Mr. DeFrain reported that the next Committee meeting is March 5, 2025, at 11:00AM in-person and via Zoom. Progress. g. Community Relations, Planning and Development Committee Mrs. Watt reported that the Community Relations and Development Committee interviewed Greg Leaming and Tyler (Tea – Grace) Roberts for their interest in joining the Arts Commission. Motion by Mrs. Watt, seconded by Mr. Labenberg to appoint Greg Leaming to the Arts Commission to a term expiring on February 1, 2027 and to appoint Tyler (Tea – Grace) Roberts to the Arts Commission to a term expiring on February 1, 2027. There were 7 ayes. Motion carried. Mrs. Watt reported that the Community Relations, Planning and Development Committee is meeting with the department managers looking for savings. She stated that the meetings have been helpful and that everyone seems vested. Mrs. Watt reported that the next Committee meeting is March 4, 2025, at 4:45PM. Progress. BOARDS and COMMISSIONS Mr. Pepe reported that both the Police and the Non-uniform employee pensions did extremely well last year as both gained 11.6%, which was well over the valuation goal of 7.5%. He stated that this February 18, 2025 21 EMMAUS BOROUGH COUNCIL should help the next valuation as it is based on the pension value on 12/31/2024. Mr. Pepe further stated that this will also help our Minimum Municipal Obligation (MMO) for both 2026 and 2027. PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe reported that the PennVest contract issue continues. He, along with Solicitor Ulrich, explained the latest conversation with PennVest. Mr. Pepe reported to Council that he informed PennVest that, if the Borough is required to relinquish all monies awarded by judgment of the PFAS litigation, there would be no incentive to continue pursuing the lawsuits. Mr. Pepe stated that he informed PennVest that previously one litigant offered a settlement of nearly $9 million, as opposed to the class action settlement of $3 million. He questioned PennVest as to why, without benefitting, would the Borough bother to pursue the matter any further. Mr. Pepe reported that PennVest requested a letter from the Borough regarding the contract stipulation as they will discuss it further. Progress. PRESIDENT’S BUSINESS – None. Progress. EXECUTIVE SESSION – None. ADJOURNMENT Motion by Mr. Brown, seconded by Mr. DeFrain to adjourn the February 18, 2025, Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 6:55PM. Shane M. Pepe Transcribed by: Jessica Wessner Borough Manager Administrative Assistant February 26, 2025