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Borough Council Meetings

Regular Meeting

Emmaus, PA · March 17, 2025

AgendaMinutes

Minutes

March 17, 2025 31 EMMAUS BOROUGH COUNCIL The Emmaus Borough Council met in Regular Session on March 17, 2025, 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 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 Mr. Balliet wished everyone a Happy St. Patrick’s Day. SPECIAL PRESENTATIONS – None. READING OF MINUTES Motion by Mr. Labenberg, seconded by Mr. Anders to adopt the March 3, 2025 Public Hearing Minutes as drafted. There were 6 ayes and 1 Abstention (Balliet). Motion carried. Motion by Mr. Labenberg, seconded by Mrs. Watt, to adopt the March 3, 2025, Council Meeting Minutes as drafted. There were 6 ayes and 1 Abstention (Balliet). Motion carried. DECISION ON BIDS – None. COMMUNICATIONS The Emmaus Run Inn – Trail Running Festival even request – This event was referred to staff. Mayor Gilbert stated that due to safety concerns observed at last year’s event, she will be closing the street at Triangle Park. Emmaus Rotary Club Event Request - Motion by Mr. Labenberg, seconded by Mr. Anders to approve the Emmaus Rotary Club event including the sale of alcohol contingent upon the submission of a certificate of insurance, police coverage. There were 7 ayes. Motion carried. BOROUGH ENGINEER’S REPORT – None. SOLICITOR’S REPORT – None. March 17, 2025 32 EMMAUS BOROUGH COUNCIL UNFINISHED BUSINESS, PART I – None. NEW BUSINESS Ordinance 1277: An Ordinance increasing the indebtedness of Emmaus, Lehigh County, Pennsylvania, by the issue of a General Revenue Note in the amount of Two Million Forty-Eight Thousand Seven Hundred Forty-Five and 00/100 dollars ($2,048,745.00) for purposes of purchase, installation, construction, and maintenance of a water treatment facility for the Borough of Emmaus well number 1 and filtration of PFOS, PFOA, and other related contaminants from said well water fixing the form, dates, interest, and maturity thereof; providing for the filing of the required documentation with the Department of Community and Economic Development to incur and exclude additional debt of the governmental unit; providing for the appointment of a sinking fund depository for the note; providing for the authorized signatories and authorizing execution, sale and delivery thereof. Mr. Pepe stated that the Borough received $11.8 million in funding for PFAS remediation. He further stated that of the $11.8 million received, $9.8 million is in the form of a Grant and that the remaining $2,048,745.00 of funding is in the form of a low interest, under 2%, loan. Mr. Pepe explained that to be eligible to receive the loan funding, there are several matters that need to be addressed. Attorney Ulrich clarified that to receive this funding the Borough is required to increase its indebtedness and make the public aware of the intention to do so. He stated that, although the increase in indebtedness is far less than the Grant funding, the Borough is still required to publicly advertise the $2,048,745.00 increase in indebtedness. Attorney Ulrich confirmed that this information was publicly noticed, and that documentation submitted to DCED has been accepted without a request for further information. Motion by Mr. Labenberg, seconded by Mr. DeFrain to approve Ordinance 1277 An Ordinance increasing the indebtedness of Emmaus, Lehigh County, Pennsylvania, by the issue of a General Revenue Note in the amount of Two Million Forty-Eight Thousand Seven Hundred Forty- Five and 00/100 dollars ($2,048,745.00) for purposes of purchase, installation, construction, and maintenance of a water treatment facility for the Borough of Emmaus well number 1 and filtration of PFOS, PFOA, and other related contaminants from said well water fixing the form, dates, interest, and maturity thereof; providing for the filing of the required documentation with the Department of Community and Economic Development to incur and exclude additional debt of the governmental unit; providing for the appointment of a sinking fund depository for the note; providing for the authorized signatories and authorizing execution, sale and delivery thereof on its first reading. Roll call vote: Mrs. Watt, aye; Mr. Anders, aye; Mr. Labenberg, aye; Mr. DeFrain, aye; Mr. Brown, aye; Ms. Baumgartner, aye; Mr. Balliet, aye. There were 7 ayes. Motion carried. UNFINISHED BUSINESS, PART II – None. ITEMS NOT ON AGENDA, subject to Rule 9 – None. MAYOR’S REPORT Progress. COMMITTEE REPORTS a. Public Works Committee March 17, 2025 33 EMMAUS BOROUGH COUNCIL Mr. Anders stated that due to concerns of the residents of South Sixth Street in regard to the limited amount of time allowed to repair curbing and sidewalks, the Committee discussed postponing paving on South Sixth Street until 2026. Mr. Pepe explained that the Ordinance states that only 30 days’ notice must be given to the affected property owners. He stated that an amendment to the Ordinance is being discussed as this is not enough time to give residents, to make repairs especially with the large cost to make them. Mr. Anders confirmed that the allocated funding for the project will be carried over to 2026. Motion by Mr. Anders, seconded by Mr. Labenberg to postpone the paving of South Sixth Street until 2026 and carry over the allocated funds for the project, to the 2026 Budget. There were 7 ayes. Motion carried. Mr. Anders referred to the Solicitor for explanation of the Intermunicipal Agreement with Salisbury Township regarding 407 and 412 Mountain Boulevard. Attorney Ulrich clarified that the property owner of 407 and 412 Mountain Boulevard has 2 additional properties located on Mountain Boulevard, all of which are located within Salisbury Township. He stated that the properties located at 407 and 412 Mountain Boulevard are closer to the Borough of Emmaus’ water and sewer connections as the other 2 properties are located on the other side of South Mountain. Attorney Ulrich stated that Salisbury Township is requesting that 407 and 412 Mountain Boulevard be connected to the Borough’s water and sewer system. He explained that the Borough would supply the water and sewer services to the properties and in turn would collect the revenue from the billing. Mr. Anders informed Council that there are currently properties on the same block receiving services from the Borough. He stated that the residences connected to the Borough’s system are located on either side of the properties in question. Mr. Pepe stated that Lawrence Carl, Public Works Director, invested the area and found no flow issues, no gravity flow issues, and has no objection to allowing 407 and 412 Mountain Boulevard to connect to the Borough’s system. Mr. Balliet asked if all the other properties on the block were connected to the Borough water system. Mr. DeFrain stated that all the surrounding properties in the area are connected to the Borough water system. He further stated that 407 and 412 Mountain Boulevard are the last to be connected. Motion by Mr. Labenberg, seconded by Mr. DeFrain to enter into an Intermunicipal Agreement with Salisbury Township to supply water and sewer services to the properties located at 407 Mountain Boulevard and 412 Mountain Boulevard. There were 7 ayes. Motion carried. Mr. Anders stated that the Borough received a grant for $200,000.00 for the purchase of a 2026 leaf truck. He further stated that the total cost of the vehicle is $314,406.80. Mr. Anders explained that the Borough would be responsible for paying the difference of $114,406.80. Motion by Mr. Anders, seconded by Mr. Labenberg to approve the purchase of a 2026 leaf truck in the amount of $314,406.80. There were 7 ayes. Motion carried. Motion by Mr. Anders, seconded by Mr. Labenberg to extend the contract with AMS. There were 7 ayes. Motion carried. Mr. Anders reported that the next Committee meeting is Monday, April 7, 2025, at 4:45PM. Progress. March 17, 2025 34 EMMAUS BOROUGH COUNCIL b. Health, Sanitation, and Codes Committee Motion by Mr. Brown, seconded by Mr. Labenberg to approve Resolution 2025 – 8: Resolution for Plan Revision for New Land Development - 413, 435, & 437 S 5th Street, Emmaus. There were 7 ayes. Motion carried. 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, March 20, 2025, at 4:45PM. Progress. d. Public Safety Committee Ms. Baumgartner stated the Committee discussed the continuing parking issues regarding high school students. Ms. Baumgartner reported that the next Committee meeting is Thursday, April 9, 2025, at 9:00AM. Progress. e. General Administration Committee Mr. Labenberg reported that the next Committee meeting is Wednesday March 19, 2025, at 9:00 AM via Zoom. Progress. f. Budget & Finance Committee Ordinance 1277: An Ordinance increasing the indebtedness of Emmaus, Lehigh County, Pennsylvania, by the issue of a General Revenue Note in the amount of Two Million Forty-Eight Thousand Seven Hundred Forty-Five and 00/100 dollars ($2,048,745.00) for purposes of purchase, installation, construction, and maintenance of a water treatment facility for the Borough of Emmaus well number 1 and filtration of PFOS, PFOA, and other related contaminants from said well water fixing the form, dates, interest, and maturity thereof; providing for the filing of the required documentation with the Department of Community and Economic Development to incur and exclude additional debt of the governmental unit; providing for the appointment of a sinking fund depository for the note; providing for the authorized signatories and authorizing execution, sale and delivery thereof. Resolution 2025 – 9, authorizing payment of the March 17, 2025, Bill List as follows: Bill List $ 370,836.45 Payroll #5 $ 196,549.57 March 17, 2025 35 EMMAUS BOROUGH COUNCIL Payroll Taxes $ 64,377.32 Total $ 631,763.34 Done this 17th day of March 2025. Motion by Mr. DeFrain, seconded by Mrs. Watt to adopt Resolution 2025 - 9. There were 7 ayes. Motion carried. Mr. DeFrain entertained questions about the Significant Revenue and Expense Items for 1st half of March 2025 and announced that the Budget Performance Report was in the packets. Mr. DeFrain stated that the Committee discussed cost of living adjustments for police pension recipients. Motion by Mr. DeFrain, seconded by Mr. Labenberg to approve the Purchase DPW Software - AutoAssist and Workforce GIS. There were 7 ayes. Motion carried. Mr. DeFrain reported that the next Committee meeting is April 2, 2025, at 11:00AM in person and via Zoom. Progress. g. Community Relations, Planning and Development Committee Motion by Mrs. Watt, seconded by Mr. DeFrain to Appoint Paul Yoder to the Arts Commission for a 3-Year Term to Expire February 7, 2028. There were 7 ayes. Motion carried. Mrs. Watt reported that the next Committee meeting is April 1, 2025, at 4:45PM. Progress. BOARDS and COMMISSIONS - None PERSONAL APPEALS, PART II – None. BOROUGH MANAGER’S REPORT Mr. Pepe stated that he attended a Juxtahub event. He reported that most of the studios are open. Mr. Pepe further stated that the opening of Juxtahub is very exciting for the community and encourages everyone to visit. Mr. Labenberg inquired about the agenda items from Mr. Pepe’s most recent PELRAS conference. Mr. Pepe responded that the conference covered labor relations, several new laws and labor matters to be discussed in the near future. Progress. PRESIDENT’S BUSINESS – None. Progress. March 17, 2025 36 EMMAUS BOROUGH COUNCIL EXECUTIVE SESSION Mr. Balliet called an executive session at 6:32PM to discuss a personnel issue regarding an EMS employee with no official action expected. Mr. Balliet called the council meeting back to order at 6:56PM ADJOURNMENT Motion by Mr. Labenberg, seconded by Ms. Baumgartner to adjourn the March 17, 2025, Emmaus Borough Council Meeting. There were 7 ayes. Motion carried. The meeting was adjourned at 6:56PM. Shane M. Pepe Borough Manager April 4, 2025

Agenda

March 17, 2025 Emmaus Borough Council Agenda March 17, 2025 6:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Personal Appeals, Part I 4. Community Minute 5. Special Presentations 6. Reading of Minutes 6.a. Public Hearing - March 3, 2025 6.b. Council Minutes - March 3, 2025 7. Decisions on Bids 8. Communications 8.a. The Emmaus Run Inn - Trail Running Festival Event Request 8.b. Emmaus Rotary Club Event Request 9. Borough Engineer's Report 10. Solicitor's Report 11. Unfinished Business, Part I March 17, 2025 12. New Business 12.a. Ordinance 1277: AN ORDINANCE INCREASING THE INDEBTEDNESS OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, BY THE ISSUE OF A GENERAL OBLIGATION NOTE IN THE AMOUNT OF TWO MILLION FORTY-EIGHT THOUSAND SEVEN HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($2,048,745.00) FOR SUNDRY PURPOSES; FIXING THE FORM, NUMBER, DATE, INTEREST, AND MATURITY THEREOF; MAKING A COVENANT FOR THE PAYMENT OF THE DEBT SERVICE ON THE NOTE; PROVIDING FOR THE FILING OF THE REQUIRED DOCUMENT; PROVIDING FOR THE APPOINTMENT OF A SINKING FUND DEPOSITORY FOR THE NOTE; AND AUTHORIZING EXECUTION, SALE AND DELIVERY THEREOF. 13. Unfinished Business, Part II 14. Items Not on Agenda Subject to Rule 9 15. Mayor’s Report 16. Committee Reports 16.A Public Works/(Highway, Water & Sewer) (Anders, Labenberg, DeFrain) Postpone Paving S. 6th Street Until 2026 Intermunicipal Agreement with Salisbury Township - Water / Sewer for 407 & 412 Mountain Road Purchase Leaf Truck Extend Contract with Asphalt Maintenance Solutions Meeting Notes: March 10, 2025 Next Meeting: April 7, 2025 16.B Health, Sanitation, and Codes (Brown, Baumgartner, Anders) Resolution 2025 - 8: Resolution for Plan Revision for New Land Development - 413, 435, & 437 S 5th Street, Emmaus Next Meeting: April 15, 2025 16.C Parks and Recreation (Balliet, Brown, Anders) Next Meeting: March 18, 2025 16.D Public Safety (Baumgartner, Watt, Balliet) March 17, 2025 Meeting Notes: March 12, 2025 Next Meeting: April 9, 2025 16.E General Administration (Labenberg, Baumgartner, Balliet) Next Meeting: April 2, 2025 16.F Budget and Finance (DeFrain, Labenberg, Watt) Ordinance 1277: AN ORDINANCE INCREASING THE INDEBTEDNESS OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, BY THE ISSUE OF A GENERAL OBLIGATION NOTE IN THE AMOUNT OF TWO MILLION FORTY-EIGHT THOUSAND SEVEN HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($2,048,745.00) FOR SUNDRY PURPOSES; FIXING THE FORM, NUMBER, DATE, INTEREST, AND MATURITY THEREOF; MAKING A COVENANT FOR THE PAYMENT OF THE DEBT SERVICE ON THE NOTE; PROVIDING FOR THE FILING OF THE REQUIRED DOCUMENT; PROVIDING FOR THE APPOINTMENT OF A SINKING FUND DEPOSITORY FOR THE NOTE; AND AUTHORIZING EXECUTION, SALE AND DELIVERY THEREOF. Resolution 2025 - 9: Bill List Significant Revenue & Expenses 1st Half of March Police Pension COLA Purchase DPW Software - Autosist and Workforce GIS Meeting Notes: March 5, 2025 Next Meeting: April 2, 2025 16.G Community Relations, Planning and Development (Watt, Brown, DeFrain) Appoint Paul Yoder to the Arts Commission for a 3-Year Term to Expire February 7, 2028 Meeting Notes: March 4, 2025 Next Meeting: April 1, 2025 17. Boards and Commissions 18. Personal Appeals, Part II 19. Borough Manager’s Report 20. President’s Business March 17, 2025 21. Executive Session 21.a. Executive Session - Personnel Issue - EMS Employee 22. Adjournment

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