Bellefonte Borough Council Packet August 7, 2023 HISTORIC Bellefonte Est. 1795 Bellefonte Borough Council Work Session 6:30- - 7:25 PM Monday, August 7,2023 Council Chambers AGENDA VIEW: LIVE EEDRECORDING OF WORK SESSIONS and BOROUGH COUNCIL MEETINGS- Council Work Sessions and Council Business Meetings can be viewed live on YouTube at tp/poutipecom-ineNOPKwCUICW, Recordings can be viewed on CNET, ATTEND VIRTUALLY- Please contact the Borough via email: borenelelontepagor or phone: 814-355-1501 before 4:001 PM on Monday, August 7th, 2023, toi receive the Zoom Link Comcast's Government Education Channel 7, or at www.cnetl.org tot the meeting. I. CALL TOORDER II. WELCOMING COMMENTS/OPENING REMARKS A) Welcome everyone to the Bellefonte Borough Council Work Session. No council action (the making of motions or approvals) is taken during work sessions. B) Trivia Question - Council Member Bernier III. ITEMS FOR DISCUSSION: A) Rental Housing Ordinance Amendments-Walt Schneider - 151 minutes B) Armory Building improvements update - 10 minutes C) Shentel Cable Franchise Agreement Discussion - 15 minutes D) Governor's Park Baseball Field Access Discussion - 151 minutes IV. ADJOURNMENT scheduled to start at 7:301 PM. The Work Session will be adjourned at or before 7:25 PM. The Borough Council Business Meeting is Municipal Building 236W Lamb St Bellefonte, PA 16823 Tel:814-355-1501 FAx:814-353-2315 .bellfonte.ne Page 1 of140 TDD/TDY8 & Voice' 711 TTY/IDDOnly 717-237-2261 Anl EquaOpportunily Employer Bellefonte Borough Council Packet August 7, 2023 ARMORY Property at 301 N. Spring Street Project/Vendor Encumbered Costs Committed Costs Purchase Building Procure Elevator (Port Elevator) Construct Shaft- -J JCOrr Elevator Electrical Strouse Doors/CamerasySound Systems Direct Solutions, Inc. Concrete ADA Walkway/Ramp Purchase of ADA Ramp Sprinkler System Design-Rhino Sprinkler System Installation ** S.A. Comunale, Inc. Architect Hoffman/Leakey Signage Victorian Signs Costs Associated w/Easement ADA Ramp Audit Grant Smoke Detector Upgrades Total $935,000.00 $178,700.00 $459,750.00 $143,245.00 $177,613.00 $12,000.00 $8,369.00 $40,000.00 $197,750.00 $91,500.00 $3,845.00 $8,000.00 $9,500.00 $25,000.00 $2,290,272.00 $490,272.00 $935,000.00 $178,700.00 $459,750.00 $143,245.00 $177,613.00 $12,000.00 $8,369.00 $40,000.00 $0.00 $91,500.00 $3,845.00 $8,000.00 $9,500.00 $25,000.00 $2,092,522.00 $292,522.00 Over encumbered/commited ** Eliminated from Project Scope Page 20 of 140 Bellefonte Borough Council Packet August 7, 2023 Cohen Law Group PRIVILEGED ATTORNEY- CLIENT COMMUNICATION June 22, 2023 Ralph W. Stewart Borough Manager Borough ofl Bellefonte 236 West Lamb Street Bellefonte, PA 16823 RE: Executive Summary ofCable Franchise Agreement with Shenandoah Cable Television, LLC ("Shentel") Dear Ralph: Iam pleased to inform you that we have reached tentative agreement with Shentel regarding cable franchise renewal for Bellefonte Borough. The following is an executive summary of the major provisions of the Cable Franchise Agreement (the Agreement") negotiated with various representatives of Shentel. While there are many other important provisions contained in the Agreement, I have limited this summary to the major items outlined herein. The Agreement is, of course, subject to the approval of the Borough Council. 1. Franchise Fees (Sections 1(p) and 6) Municipalities are entitled under federal law to assess a franchise fee of up to five percent (5%) of the cable operator's "gross revenues" for cable services provided within the municipality. The Borough currently assesses a five percent (5%) fee and this remains the same in the Agreement. The definition of "gross revenues" in the Agreement includes an itemized list of25 separate revenue sources that will maximize the Borough's franchise feei revenue. This listi includes all current eligible revenue sources as well as all foreseeable future sources and a "catch all" item to capture any other future revenue sources that are not foreseeable. The list adds several new revenue sources that Shentel has added in the past few years. While several relevant variables such as rate changes, subscriberactivity, subscriber penetration, and related issues can and will impact the Borough's franchise fees, the Page 3 of140 Bellefonte Borough Council Packet August 7, 2023 Agreement is intended to maximize the Borough'sf franchise fee revenue. Please note that all franchise fees are passed through to Shentel cable subscribers as a separate line item on their bills. Franchise fees will be paid to the Borough on a quarterly basis. In addition to franchise fee revenue, the Agreement ensures franchise fee accountability. It permits thel Borough to conduct an independent auditofs Shentel'srecords to determine whether Shentel has paid franchise fees accurately. Should the audit reveal that franchise fees have been underpaid, then Shentel must pay the underpaid amount plus ten percent (10%) interest on the underpayment. Furthermore, should the audit reveal that franchise fees have been underpaid by five percent (5%) or more, then Shentel also must contribute up to $3,000 toward the cost of the audit. Finally, the Agreement includes "bundled services" protection. If a subscriber purchases more than one of Shentel's three services (i.e. cable, internet and phone) and receives al bundled services discount, this provision ensures that the discount does not apply only to cable services. Ifit did, franchise fee revenue to the Borough would be reduced. Section 6.5 oft the Agreement states that "allocation of revenue shall not be structured for the purpose of evading franchise fees applicable to cable services." 2. Customer Service Standards (Section 4) The Agreement establishes a set of comprehensive, quantifiable, and enforceable customer service standards. These standards adopt the relevant recommendations of the Federal Communications Commission ("FCC"), which are not enforceable unless they are included in a franchise agreement, and also add certain additional requirements. The customer service standards include, but are not limited to, the following: Telephone answering time limits for customer servicere representatives, including the requirement that Shentel to perform surveys to measure compliance with the Time limits for commencing installation, service interruption, and repair work, including limits on technicians cancelling appointments with subscribers; standards upon receipt of subscriber complaints; Afour-hour "appointment window" for service calls; Requirements for notices to subscribers; Requirements that bills be clear, concise, and fullyitemized; Customer complaint procedures, including that Shentel may not impose late fees on asubscriber who disputes a bill in good faith until the investigation is completed; Page 2 Page 4 of 140 Bellefonte Borough Council Packet August 7, 2023 Requirements to be met prior to disconnecting service; Credits for service interruptions ofs six or more hours upon request; and Standards of subscriber privacy. Right-of-Way Protections (Section 3) 3. The Agreement provides many protections of the Borough's public rights-of-way. For example, Shentel agreed to repair any damage to public or private property by Shentel or any of its contractors or subcontractors within 20 business days. In addition, the Agreement includes safety standards, the provision of service area maps to the Borough upon request, requirements for disconnection and relocation of Shentel's wires and equipment, removal of equipment in the event of an emergency, and the need for Borough approval for cutting down any trees in the public rights-of-way. Reporting Requirements (Sections 5.7 and 6.3) 4. The Agreement includes four reporting requirements to the Borough to be met by Shentel. The first is a detailed franchise fee report to accompany each quarterly franchise feej payment. The report must contain linei items for sources ofrevenue received by Shentel and the amount of revenue received from each source. Second, upon written request, Shentel must submit a customer complaint report stating the date, nature and resolution of all subscriber complaints that have generated a work order or have necessitated ai response. Thet term" "complaint" is defined as any written (including email) or oral communication by a subscriber expressing dissatisfaction with Shentel's operation of the cable system that is within Shentel's control and requires a corrective measure. In addition, and upon request, the Borough may obtain from Shentel specific information regarding service repair requests and service interruptions. Third and finally, Shentel must, upon written request, provide to thel Borough copies of reports or other communications to any federal or state regulatory agencies relating to Shentel's cable system within the Borough. 5. Cable System Requirements and Service Area (Section 3) The Agreement provides technical requirements for the cable system serving the Borough. It requires the system to be built for digital television standards and meet or exceed all technical performance standards of the FCC, the National Electric Code and the National Electrical Safety Code. Italso requires that Shentel perform tests on the cable system upon request, report to the Borough regarding the results of the tests, and take corrective measures ift the results show non-compliance with applicable standards. Page 3 Page 50 of140 Bellefonte Borough Council Packet August 7, 2023 Furthermore, the Agreement requires that Shentel make cable service available to the Borough utilizing a different business model deployed by the Borough's other cable operator Comcast. That said, any such different business model should be transparent to the Borough when viewed over the term of the Agreement as it stands to reason that no cable operator entering any given municipality will provide ubiquitous coverage from the onset due to the capital outlay coupled by all of the variables to be accounted for in the contextofconstrueting: such a network asi is contemplated by the Agreement. Furthermore, any unit within 150 feet of the main distribution line is entitled to a standard installation rate. For any unit beyond 150 feet, Shentel must connect it if the unit owner pays the incremental cost beyond the installation costs for the initial 150 feet. 6. Educational and Governmental ("EG") Channel (Section 7.2) Federal law grants municipalities the right to dedicated public, educational and governmental ("PEG") channels. In the Agreement, Shentel will continue to provide two (2) educational and governmental ("EG") channels to be used for programming related to educational and governmental activities. The Borough or its designee(s) has complete control over the content, scheduling, and administration of the channels, and the Borough may delegate these functions, or a portion of these functions, to a designated access administrator, such as the School District. Shentel will continue toj provide and maintain the wires and other signal distribution equipment SO that programming can originate from the selected video origination locations and be distributed over the cable system. Shentel is required to cablecast the EG channels to all Shentel subscribers and the technical quality of the channels must be comparable to the technical quality used for commercial channels. Shentel has agreed to provide EG capital support initially in the form of an annual lump sum followed by a transition initially to a combination of a lump sum amount and a percentage of gross revenues attributable to cable service and ultimately to a percentage of gross revenues attributable to cable service. Such EG capital support construct was negotiated to take into account the fact that Shentel will have no cable subscribers in the Borough until the cable system is constructed and operational - hence the lump sum only portion for the first two (2) years. Iti is also worth noting that Shentel (just as is the case for Comcast and all cable operators) is permitted by federal law to pass through such EG capital support to cable subscribers noting that there will be no pass through until Shentel has cable subscribers in thel Borough further noting that Shentel will not subsequently pass through any EG capital support paid to the Borough prior to Shentel having cable subscribers in the Borough. Page 4 Page 6 of1 140 Bellefonte Borough Council Packet August 7, 2023 7. Services to Community Facilities (Section 7.1) The Agreement requires Shentel to provide Basic level television service to various public buildings, including the Borough Building, police stations, fire companies, public works buildings, and water and sewer authorities. Notwithstanding the foregoing, the FCC Section 621 Report and Order of September 2019 ("Order") has injected a major new restriction that previously did not exist. The Order states that "costs attributable to franchise terms that require a cable operator to provide free or discounted cable services to public buildings" may be offset against franchise fees. The FCC found that these services are in-kind contributions and fall within the 5% franchise fee cap. The Order outlines the new options for local governments: (1) continue to receive the existing cable services and reduce franchise fee revenue by the marginal cost ofthose services; (2) discontinue all the services and continue receiving franchise fees at their current level; or (3) terminate the service to certain buildings and reduce franchise fees by the value of the reduced service. The Order was challenged in court by many municipalities and local government associations around the country. These appeals were consolidated in the Sixth Circuit Court ofA Appeals and concluded with the result effectively being that the fair market value metric was revised to marginal cost. Notwithstanding the foregoing, Shentel has advised that they don't view the implications ofproviding free video service as burdensome and thus Shentel doesn'tintend to adhere to the Order in this regard. Whether or not such a position is within the purview of Shentel or any cable operator to take, we as a firm don't feel compelled to argue this point with Shentel - noting that further guidance in this area may develop - as we're certainly not going to do anything that has an adverse effect on the Borough or any of our clients for that matter. 8. Liquidated Damages for Violations (Section 8.2) Once Shentel has agreed to the obligations described in this executive summary and the other obligations contained in the Agreement, it is critical for the Borough to be able to enforce these obligations. Section 8.2 of the Agreement allows for monetary fines, also known as liquidated damages," in the amount of $250 per day for each violation oft the Agreement. The Borough may assess such monetary fines after providing Shentel with written notice and allowing Shentel forty-five (45) days to correct the violation, unless the nature of the violation is such that it cannot be cured within forty-five (45) days, in which case the cure period may be extended. Liquidated damages may be assessed for 120 days, after which the Borough may commence revocation proceedings or initiate a lawsuit. Page 5 Page 7of140 Bellefonte Borough Council Packet August 7, 2023 9. Performance Bond (Section 8.4) Shentel also agreed to obtain and maintain a performance bond running to the Borough in the amount of $25,000 during the franchise term. The performance bond will help to ensure Shentel's faithful performance of its obligations under the Agreement, including any recovery of liquidated or compensatory damages. 10. Length of Franchise Term (Section 2.2) Due to the fact that cable technology is constantly changing and we cannot predict the state of this technology in the future, we recommend the shortest possible length of term for the Agreement. For Shentel, this is 10 years. 11. Competitive Equity Provision (Section 2.6) Pursuant to the 1992 Cable Television Consumer Protection and Competition Act, cable franchise agreements may not be exclusive. The Borough may award more than one franchise to different cable operators. In large part due to the emergence of Verizon as a competitor in the cable industry, Shentel insisted upon including a competitive equity provision, also known as "level playing field" provision, in the Agreement. These provisions relate to the prospect of another cable operator providing cable services in the Borough in the future. The competitive equity provision negotiated with Shentel states that, ift the Borough grants another cable franchise and the material terms ofthe new: franchise agreement, when taken as a whole, are more favorable to the competitor than the terms in this Agreement are to Shentel, then Shentel may request an amendment to this Agreement to include such favorable terms. Onlyifthe Borough agrees with Shentel that there is a lack ofcompetitive equity will the Borough and Shentel enter into discussions to amend the Agreement. This provision keeps control with the Borough and assesses the Agreement in the aggregate rather than on an issue-by-issue basis. In our experience, an issue-by-issue analysis can be misleading by focusing on singular issues in a vacuum without taking into account the totality of the negotiations. This concludes the executive summary of the major items contained in the Agreement. There are many other provisions in the Agreement, but we have highlighted the major items. Thank you for your cooperation in this effort. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me directly. Sincerely yours, Whilip CK cfraga Phillip M. Fraga Page 6 Page 8 of1 140 Bellefonte Borough Council Packet August 7, 2023 CABLE FRANCHISE AGREEMENT BETWEEN BELLEFONTE BOROUGH AND SHENANDOAH CABLE TELEVISION, LLC With assistance from: Cohen Law Group 413 South Main Street Third Floor Pittsburgh, PA 15215 Phone: (412)447-0130 www.conenawgrouparg Page 9 of140 Bellefonte Borough Council Packet August 7, 2023 TABLE OF CONTENTS Page SECTION1 SECTION2 DEFINITIONS. GRANT OF FRANCHISE. 2.1 GRANT OF AUTHORITY. 2.2 TERM OF FRANCHISE. 2.4 NON-EXCLUSIVITY. ANDLOCAL LAWS. 2.6 COMPETITIVE EQUITY.. 5 5 .6 6 .6 2.3 REPRESENTATIONS AND WARRANTIES 2.5 FRANCHISE SUBJECT TO FEDERAL, STATE SECTION3 SYSTEM CONSTRUCTION, OPERATION AND 3.1 TECHNICAL REQUIREMENT. 3.2 AREA TOI BE SERVED. 3.3 CABLE SYSTEM SPECIFICATIONS 3.4 SYSTEM TESTS 3.5 EMERGENCY ALERT SYSTEM 3.6 SERVICES FOR SUBSCRIBERS WITH DISABILITIES 3.7 SERVICETO! MULTIPLE DWELLING UNITS ("MDU'S"). 3.8 REPAIRS AND RESTORATION. 3.9 SERVICE. AREA MAPS.. 3.10 DISCONNECTION AND RELOCATION 3.11 EMERGENCY REMOVAL OF EQUIPMENT 3.12 TREE TRIMMING 3.13 CHANNEL CAPACITY. 3.14 BROADCAST CHANNELS 3.15 SIGNAL SCRAMBLING. 3.16 CONTINUITY OF SERVICE. SUBSCRIBER SERVICE STANDARDS 4.1 OFFICE HOURS AND TELEPHONE 4.2 INSTALLATIONS AND SERVICE CALLS. 4.5 SUBSCRIBER COMPLAINT PROCEDURES MAINTENANCE 8 10 10 10 11 11 I 11 11 12 12 12 13 13 14 14 SECTION4 AVAILABILITY. 4.3 NOTICES. 4.4 BILLING. 4.6 DISCONNECTION. Page 10of140 Bellefonte Borough Council Packet August 7, 2023 4.7 SERVICE INTERRUPTIONS REGULATION BY THE BOROUGH. 5.1 RIGHT TO INSPECT. 5.3 RESERVED AUTHORITY. 5.4 POLICE POWERS. 5.5 NOLIMITATION ON TAXING OR FEE. AUTHORITY. 5.6 PERMITS. 5.7 REPORTING. 15 15 15 15 16 16 17 17 17 17 18 18 18 19 19 .20 20 .20 .21 .23 24 24 25 .25 .26 .26 .27 .27 .27 .27 28 29 29 .29 4.8 PRIVACY SECTION5 5.2 RIGHT TOCONDUCT COMPLIANCE REVIEW. SECTION6 COMPENSATION TO THE BOROUGH. 6.1 FRANCHISE FEES 6.2 QUARTERLY PAYMENTS 6.3 QUARTERLY REPORTS 6.4 FRANCHISE FEE REVIEW. 6.5 BUNDLED SERVICES. SERVICES TO' THE COMMUNITY SECTION7 7.1 SERVICES TOCOMMUNITY FACILITIES 7.2 EDUCATIONALAND GOVERNMENTAL (EG) CHANNEL. 7.3 EG CAPITAL GRANT. SECTION: 8 ENFORCEMENT, INSURANCE AND INDEMNIFICATION 8.1 VIOLATIONS AND OPPORTUNITY TOCURE. 8.2 LIQUIDATED DAMAGES. 8.3 REVOCATION. 8.4 PERFORMANCE BOND. 8.5 INSURANCE. 8.6 INDEMNIFICATION. SECTION9 MISCELLANEOUS 9.1 FORCE MAJEURE. 9.2 REMOVALOFSYSTEMI 9.3 NOTICES. 9.5 CAPTIONS 9.4 EQUAL EMPLOYMENT OPPORTUNITY. 9.6 GOVERNING LAW; VENUE. ii Page 11 of 140 Bellefonte Borough Council Packet August 7, 2023 9.7 TRANSFER, ASSIGNMENT OR CHANGE IN CONTROL .29 29 29 30 30 30 30 30 .32 .33 9.8 ENTIRE AGREEMENT. 9.9 SEPARABILITY. 9.10 NO WAIVER OF RIGHTS. 9.11 CHANGE OFLAW. 9.12 COMPLIANCE WITH LAWS. 9.13 THIRD PARTY BENEFICIARIES 9.14 APPLICABILITY OF AGREEMENT. EXHIBIT A - LOCATIONS FOR COURTESY CABLE TELEVISION SERVICE EXHIBIT B - EXISTING REMOTE ORIGINATION POINTS.. iii Page 12of1 140 Bellefonte Borough Council Packet August 7, 2023 CABLE FRANCHISE AGREEMENT This Cable Franchise Agreement (hereinafter referred to as the "Agreement") is by and between Bellefonte Borough, a municipality located in Centre County, Pennsylvania (hereinafter referred to as the "Borough") and Shenandoah Cable Television, LLC (hereinafter referred to as "Grantee"). WHEREAS, pursuant to Title VI of the Communications Act, the regulations of the Federal Communications Commission (hereinafter referred to as the "FCC") and Pennsylvania law, the Borough is authorized to grant and renew franchises to construct, operate and maintain a Cable System utilizing Public Rights-of-Way and properties within the Borough's jurisdiction; and WHEREAS, Grantee has requested that the Borough grant Grantee a franchise to maintain, construct, operate, and maintain its Cable System over, under and along the aforesaid rights-of-ways for use by the Borough'sr residents; and WHEREAS, the aforesaid Public Rights-of-Way used by Grantee are public properties acquired and maintained by the Borough on behalf oft the citizens of the Borough, and the right to use said rights-of-way is a valuable property right; and WHEREAS, the Borough desires to protect and manage the aforesaid rights-of-way, establish standards of Subscriber service, maintain a technologically advanced Cable System, receive Franchise Fees for Grantee's use of the Borough's public rights-of-ways as provided by federal law, obtain the use of an educational and governmental channel, establish certain reporting requirements, obtain certain complimentary services, provide legal protections for the Borough, and meet the current and future cable-related needs ofi its residents; and WHEREAS, the Borough held a public hearing on the subject of cable franchise renewal, including reviewing the cable operator's past performance and identifying the Borough's future cable-related community needs; and WHEREAS, the Borough has determined that this Agreement and the process for consideration of this Agreement complies with all applicable federal, state and local laws and regulations; and WHEREAS, the Borough has determined that the public interest would be served by granting Grantee a franchise according to the terms and conditions contained herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending tol be legally bound hereby, the Borough and Grantee agree as follows: 1 Page 13of1 140 Bellefonte Borough Council Packet August 7, 2023 SECTION1 DEFINITIONS The following terms used in this franchise shall have the following meanings: (a) Affiliated Entity Any persons(s) or entity(ies) who own or control, are owned or controlled by or are under common ownership or control with: Shenandoah Cable Television,l LLC, but does not include Affiliated Entities that are: not involved with the use, management, operation, construction, repair and/or maintenance of Grantee's cable systems. (b) Basic Service - The service tier that includes at least the retransmission of local (c) Cable Act- Title VIofthe Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competitive Act of 1992 and the Telecommunications Act of 1996, as it may, from time to time, be further broadcast television signals. amended. (d) Cable Service or Service - The one-way transmission to Subscribers of video programming or other programming service and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (e) Cable System or System A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment thati is designed toj provide Cable Service which includes video programming and which is provided to multiple Subscribers within the Borough but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) ai facility that serves Subscribers without using any public right-of-way; (3)af facility ofa a common carrier which is subject, in whole ori in part, to the provisions of Title II of the Communications: Act, except that such facility shall be considered a Cable System (other than for purposes of Section 621 of the Cable Act) to the extent that facility is used in the transmission of video programming directly to Subscribers unless the extent of that use is solely toj provide interactive on-demand services; (4) an open video system that complies with Section 653 oft the Cable Act; (5)any facilities of any electric utility used solely for operating its electric utility systems; (f) Channel - A portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as a television channel is defined by FCC regulation. (g) Complaint - Any written (including electronic) or oral communication by a Subscriber expressing dissatisfaction with Grantee's operation of its Cable System that is within Grantee's control and requires a corrective measure on the part of Grantee or its contractors or subcontractors. (h) Communications Act The federal Communications Act of 1934, as amended, and as iti may, from time to time, be further amended. 2 Page 14 of 140 Bellefonte Borough Council Packet August 7, 2023 1) the Cable System. () Drop The coaxial or fiber optic or other cable that connects al home or building to Educational and Governmental (EG) Access Channel - An access channel that consists of local, educational and/or governmental programming. (k) Emergency A condition that either (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or (2) has caused or is likely to cause the Cable system in the Public Rights-of-Way to be unusable and result inl loss of the services provided. () FCC-I Federal Communications Commission. (m) Force Majeure Acts of God; acts of public enemies, including terrorist attacks; orders of any kind of the government of the United States of America or the Commonwealth of Pennsylvania or any of their departments, agencies, political subdivisions, or officials, or any civil or military authority; insurrections; riots; labor strikes; epidemics; landslides; lightning; earthquakes; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; explosions; unavailability of materials or equipment; extraordinary make ready costs; partial or entire failure of utilities or other event that is reasonably beyond Grantee's ability to anticipate or control. (n) Franchise - The authorization granted by the Borough to construct, operate and maintain a Cable System within the corporate limits of the Borough as embodied in the terms and conditions of this Agreement. (0) Franchise Fee The fee that Grantee remits to thel Borough pursuant to Section 622 (p) Gross Revenues All revenue received by Grantee ori its Affiliated Entities arising from, attributable to, or in any way derived from the operation of Grantee's Cable System in the Borough to provide Cable Services, as calculated in accordance with generally accepted accounting principles ("GAAP"). Gross Revenues shall include, but are not limited to, the of the Cable Act, 47 U.S.C. $542, and Section 6.1 oft this Agreement. following: (1) Basic Service fees; Service; (2) fees charged to Subscribers for any Cable Service tier other than Basic (3) fees charged for premium Cable Services; (4) fees for all digital video tiers; (5) fees for video-on-demand; Cable Services; (6) fees charged to Subscribers for any optional, per-channel or per-program (7) revenue from the provision of any other Cable Services; (8) charges for installation, additional outlets, relocation, disconnection, reconnection and change-in-service fees for Cable Service. (9) fees for changing any level of Cable Service programming; 3 Page 15of1 140 Bellefonte Borough Council Packet August 7, 2023 (10) fees for service calls pertaining to Cable Services; (11) inside wire maintenance fees for Cable Services; (12) service plan protection fees for Cable Services; (14) early termination fees on Cable Services; (15) fees for Leased Access Channels; (13) convenience fees; (16) charges based on the sale or lease of any portion of the Cable System for (17) rental or sales of any and all equipment, including converters and remote (19) revenues or commissions from locally-derived home shopping channels; Cable Service; control devices; (18) any and all locally-derived advertising revenues; (20) broadcast retransmission fees; (21) regional sports fee; (22) late payment fees on Cable Services; (23) billing and collection fees on Cable Services; (24) NSF check charges; and (25) Franchise Fees. Gross Revenue shall not include refundable deposits, investment income, programming launch support payments, nor any taxes, or other fees or assessments imposed or assessed by any governmental authority. Gross Annual Revenues shall not include actual bad debt that is written off, consistent with generally accepted accounting principles, provided however, that all or any part of any such actual bad debt that is written off, but subsequently collected, shall bei included in the Gross Annual Revenues in the period SO collected. In the event of any dispute over the classification of revenue, the Borough and Grantee agree that reference should be made to generally accepted accounting principles ("GAAP") as promulgated and defined by the Financial Accounting Standards Board ("FASB"). (@) HD-I High definition format. (r) Leased Access or Commercial Access Channel - Any channel on Grantee's Cable System designated for use by any entity that is unaffiliated with Grantee pursuant to Section 612 of the Cable Act, 47 U.S.C. $532. (s) Multiple Dwelling Units or MDU's - Any building, buildings or area occupied by dwelling units, appurtenances thereto, grounds and facilities, which dwelling units are intended or designed tol be owned, occupied or leased for occupation, or actually occupied, asi individual homes or residences for three (3) or more households. (t) Normal Business Hours Those hours during which most similar businesses in the community are open to serve Subscribers. In all cases, 'Normal Business Hours" must include some evening hours at least one night per week and/or some weekend hours. (u) Normal Operating Conditions - Business conditions within Grantee's service department which are within the control of Grantee. Those conditions that are not within the 4 Page 16of140 Bellefonte Borough Council Packet August 7, 2023 control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions or other conditions of Force Majeure. (v) Outlet Ani interior receptacle that connects a television set to the Cable System. (w) Public Buildings shall mean the Borough Building, police stations, fire companies, public works buildings, and water and sewer authorities. Public Buildings shall not include buildings owned by the Borough but leased to third parties, or buildings, such as storage facilities, at which government employees are not regularly stationed, or to facilities used by a private service provider, such as aj private ambulance company. Public schools and libraries may be eligible under the then-current community investment policy of Grantee. (x) Public Rights-of-Way The surface and the area across, in, over, along, under and upon the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other rights-of-way, as the same now or may thereafter exist, which are under the jurisdiction or control of the Borough. (y) Programming - Any video or audio signal carried over the Cable System that is generally considered comparable to programming provided by a television broadcast station. (Z) Service Interruption - The loss of picture or sound on all Cable Service channels. (aa) Subscriber - A person or entity who contracts with Grantee for, and lawfully receives, the video signals and Cable Services distributed by the Cable System. SECTION2 GRANT OF FRANCHISE 2.1 GRANTOF AUTHORITY Pursuant to the Cable Act, the regulations of the FCC and Pennsylvania law, the Borough hereby grants a non-exclusive and revocable franchise to Grantee. Subject to the terms and conditions contained herein, the Borough hereby grants to Grantee the authority to construct, extend, install, operate, maintain, upgrade and rebuild a Cable System, including such wires, cables, fiber, conductors, ducts, conduits, amplifiers, pedestals, attachments and other equipment as is necessary and appropriate to the operation of the Cable System in the Public Rights-ol-Way, including property over which the Borough has a sufficient easement or right-of-way, for the purpose of reception, transmission, amplification, origination, distribution or redistribution of video and audio signals to provide Cable Services. Nothing herein shall preclude Grantee from offering any other service over the Cable System as may be lawfully allowed. 5 Page 17 of 140 Bellefonte Borough Council Packet August 7, 2023 2.2 TERM OF FRANCHISE The term of this Agreement shall be for a period of ten (10) years commencing on the date when fully executed by both parties, unless the Franchise is terminated prior to the expiration date ina accordance with the terms and conditions of this Agreement. 2.3 REPRESENTATIONSAND WARRANTIES (a) Grantee represents, warrants and acknowledges that, as of the Effective Date: (1) Grantee is duly organized, validly existing and in good standing under the (2) Grantee has the requisite approval from the applicable federal and state (3) There is no action or proceeding pending or threatened against Grantee laws of the Commonwealth of Pennsylvania; agencies; which would interfere with its performance or its ability to perform the requirements of this Agreement; (4) Pursuant to Section 625(f) of the Cable Act, as of the Effective Date, the performance ofall terms and conditions in this Agreement is commercially practicable. 2.4 NON-EACLUSIVIY This Franchise granted to Grantee shall be non-exclusive. Nothing in this Agreement shall affect the right of the Borough to grant other Franchises to construct, operate or maintain a Cable 2.5 FRANCHISE SUBJECTTOFEDERAL.STATEANDLOCALLAWS System. This Franchise is subject to and shall be governed by all lawful and applicable provisions of federal, state and generally applicable local laws and regulations. This Franchise is further subject to all generally applicable ordinances and resolution of the Borough. Without waiving any ofi its rights, the Borough agrees that, to the extent any term of this Agreement is inconsistent with the terms of any Borough cable franchise ordinance existing as of the Effective Date, this Agreement shall control. 2.6 COMPETITIVE EQUITY (a) Grantee acknowledges and agrees that the Borough reserves the right to grant one or more additional franchises to construct, operate, and maintain a Cable System within the Borough. (b) The Franchise granted to Grantee is non-exclusive; however, ift the Borough grants asubsequent franchise or other authorization to provide similar wired video services, that, when 6 Page 18 of1 140 Bellefonte Borough Council Packet August 7, 2023 taken as a whole upon consideration of all of its material obligations, is more favorable or less burdensome to the subsequent provider than this Agreement is to Grantee, then Grantee may request an amendment to this Agreement to provide Grantee with competitive equity. If, when taken as a whole upon consideration of all of its material obligations, the subsequent Franchise is more favorable or less burdensome, then the Borough and Grantee shall enter into good faith negotiations in order toi modify this Agreement to the mutual satisfaction of both parties to provide Grantee with such competitive equity. (c) In the event an application for a new Franchise for Cable Service is submitted to the Borough proposing to serve Subscribers within the Borough, then the Borough shall notify Grantee in writing of the submission of the application. SECTION3 SYSTEM CONSTRUCTION.OPERATONANDMAINTENANCE 3.1 TECHNICAL REQUIREMENT (a) Grantee shall operate, maintain, construct and extend the Cable System SO as to offer Cable Services throughout all parts oft the Borough where the density requirements of Section 3.2 are met. The Cable Service provided by the Cable System shall be delivered in accordance with applicable FCC standards and the Cable Act. The Cable System shall meet or exceed any and all applicable technical performance standards of the FCC, the National Electrical Safety Code, the National Electric Code and any other applicable federal laws and regulations and the laws, ordinances and construction standards of the Commonwealth of Pennsylvania and the generally applicable laws, ordinances and construction standards of the Borough. (b) Stand-by power at the headend(s) shall be provided in the event of a service interruption. Stand-by power must activate automatically upon the failure of commercial utility power. 3.2 AREA TO BE SERVED (a) Grantee shall build outi its Cable System toi make Cable Service generally available to those businesses and residential units located within the Borough. While Grantee shall use commercially reasonable efforts to build out its network to serve as much of the Borough as is feasible taking into account build-out costs, geographical and geological conditions, and business conditions, Grantee reserves the right in its sole discretion as to where Grantee builds out its network in the Borough.. (b) Any dwelling unit within one hundred twenty-five (125) feet aerial distance from the main distribution line shall be entitled to a standard installation rate. For any dwelling unit in excess of one hundred twenty-five (125) feet or that requires an underground installation, Grantee shall extend the Cable Service if the Subscriber pays Grantee the actual cost of installation from its main distribution system with such cost being only the incremental portion beyond onel hundred twenty-five (125) feet for aerial installations. 7 Page 19of1 140 Bellefonte Borough Council Packet August 7, 2023 (c) The Borough has the authority to require Grantee to place wires and/or equipment underground, provided that the Borough imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Grantee shall be underground in those areas oft the Borough where the wires and/or equipment of similarly situated entities (i.e. telephone and electric utilities) are underground; provided, however, that such underground locations are capable of accommodating Grantee's facilities without technical degradation of the Cable System's signal quality. Grantee shall not be required to construct, operate, or maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals. (d) In the event that public or private funds are made available to pay for such underground projects, Grantee may apply or request that the Township apply for such funds. In the event that Grantee is required to place existing aerial plant underground, Grantee reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers ifand to the extent allowed by applicable law. 3.3 CABLESYSTEM SPECIFICATIONS (a) Grantee shall design, construct, and maintain a Cable System that has been built for (b) Grantee reserves the right to alter, adjust, modify, rebuild, upgrade, redesign, or otherwise reconfigure the Cable System at any time during the term of the Agreement, provided that no alteration, adjustment, modification, rebuild, upgrade, redesign or other reconfiguration of the Cable System shall have the effect of reducing the technical capabilities of the Cable System digital television standards. as set forth in Section 3.1. 3.4 SYSTEMTESTS (a) Grantee shall bei responsible fore ensuring that its Cable System is designed, installed and operated in a manner that fully complies with applicable FCC technical standards. Upon a showing of a pattern of Subscriber Complaints regarding signal quality or a determination of non- compliance related to signal quality through a compliance review under Section 5.2 herein, Grantee, upon written request by the Borough, shall perform applicable tests to determine compliance with FCC technical standards. Grantee shall provide a report to the Borough within thirty (30) days of completion of a Borough-requested test that describes the results of the test. If any test under this Section indicates that the Cable System fails to meet applicable FCC requirements, Grantee shall take such corrective measures as are necessary to correct any failure and to prevent their recurrence as far as is possible. (b) Upon sixty (60) days' written request to Grantee, the Borough may inspect the Cable System at any time to ensure compliance with this Agreement and applicable law, including to ensure that the Cable System is constructed and maintained in a safe condition. The Borough reserves the right, upon at least sixty (60) days' notice to Grantee, to conduct a technical audit of the Cable System. 8 Page 20 of 140 Bellefonte Borough Council Packet August 7, 2023 3.5 EMERGENCY ALERT SYSTEM Grantee shall comply with the Emergency Alert System requirements of the FCC. 3.6 SERVICES FORS SUBSCRIBERS WITH DISABILITIES Grantee shall comply with all applicable federal regulations, including the Communications Act of 1934, as amended, that ensure the provision of Cable Services and related equipment are accessible to and usable by persons with disabilities. 3.7 SERVICETOI MULTIPLE DWELLINGI UNITS ("MDU's") Grantee and the Borough hereto acknowledge and agree that installation and provision of Cable Service to MDU's are subject to a separate negotiation between the landlord, owner or governing body of any such MDU and Grantee, which negotiations shall be conducted in accordance with the procedures set forth in the Cable Act, as amended, applicable FCCregulations and applicable Pennsylvania law. 3.8 REPAIRS AND RESTORATION (a) Whenever Grantee or any ofi its agents, including any contractor or subcontractor, takes up or disturbs any pavement, sidewalk or other improvement of any public or private property, the same shall be replaced and the surface restored in as reasonably good condition as before the disturbance within twenty (20) business days of the completion of the disturbance, weather permitting. Upon failure of Grantee to comply within the time specified and the Borough having notified Grantee in writing of the restoration and repairs required, the Borough may cause proper restoration and repairs to be made and the expense of such work shall be paid by Grantee upon demand by the Borough. (b) Whenever Grantee or any agent, including any contractor or subcontractor, shall install, operate or maintain equipment, cable, or wires, it shall avoid damage andi injurytoproperty, including structures, improvements and trees in and along the routes authorized by the Borough if required for the properi installation, operation and maintenance of such equipment, cable, or wires. Grantee shall promptly repair and restore any public or property that is damaged as a result of construction, installation, repair or maintenance of the Cable System within twenty (20) business days, weather permitting. (c) Grantee's operation, construction, repair and maintenance personnel, including all contractors and subcontractors, shall be trained in the use of all equipment and the safe operation of vehicles. Such personnel shall follow all safety procedures required by all applicable federal, state and local laws and regulations. All areas oft the Cable System shalll bei inspected in accordance with such applicable federal, state and local laws and regulations SO as to prevent hazardous conditions or risks to safety for the public and/or operating and maintenance personnel. Grantee shall install and maintain its wires, cables, fixtures, and other equipment in such ai manner as shall not interfere with any installations of the Borough or any public utility serving the Borough. 9 Page 21 of 140 Bellefonte Borough Council Packet August 7, 2023 (d) Should a public safety emergency occur as a result of, incident to, or connected with operation, construction, repair, or maintenance activities by Grantee personnel, including all contractors and subcontractors, then such personnel shall immediately contact the applicable public safety emergency dispatcher (e.g. 9-1-1). (e) Whenever Grantee or any agent, including any contractor or subcontractor, shall disturb any pavement, sidewalk or other public property in order to perform any underground activity, it shall utilize the Pennsylvania One Call System prior to any such disturbance. Grantee shall adhere to any additional undergrounding requirements which the Commonwealth may establish in the future. Grantee shall adhere to all requirements of the Pennsylvania Underground Utility Line Protection Act. (f) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the Borough, wherever situated orl located, shall at all times bel kept and maintained in a safe and suitable condition and in good order and repair in accordance with customary industry standards and practices. 3.9 SERVICE. AREA MAPS Upon thirty (30) days' written request, Grantee shall permit the Borough to view a complete set of Grantee service area strand maps of the Borough on which shall be shown those areas in which facilities exist and the location of streets. The strand maps shall also designate where the cable wires and other equipment are aerial and where they are underground. Such viewing by Borough officials shalll be at ai mutually agreed time and location. Should the Borough wish to obtain such strand maps of the Borough for its exclusive use, Grantee shall provide such maps within thirty (30) days of a written request, but no more than once annually and only after the Borough and Granteel have executed a non-disclosure agreement as such maps are confidential and proprietary pursuant to Section 5.1 of this Agreement. 3.10 DISCONNECTION AND] RELOCATION (a) Grantee shall, at no cost to the Borough, protect, support, temporarily disconnect, relocate in the same street, or other public way and place, or remove from any street or any other public way or place, any of its property as required by the Borough or its designee by reason of traffic conditions, street construction, change or establishment of street grade, site distance visibility, the construction of any public improvement or structure, or any other reason related to public health, safety and welfare. (b) Ini requiring Grantee toj protect, support, temporarily disconnect, relocate or remove any portion of its property, the Borough shall treat Grantee the same as, and require no more of Grantee than, any other similarly situated entity utilizing the Public Rights of Way. 3.11 EMERGENCY REMOVALOFI EQUIPMENT (a) If, at any time, in case of fire or other disaster in the Borough, it shall be necessary, int the reasonable judgment of the Borough or its agent, to cut or move any of the wires, cable or 10 Page 22 of1 140 Bellefonte Borough Council Packet August 7, 2023 equipment of the Cable System, the Borough shall have the right to do SO without cost or liability, provided that, wherever possible, the Borough shall give Grantee notice and the ability to relocate wires, cable or other equipment. (b) In cutting or moving any of the wires, cable or equipment of the Cable System in the event of fire or other disaster, the Borough shall treat Grantee the same as, and require no more of Grantee than, any other similarly situated entity. 3.12 TREETRIMMING (a) Grantee, or its agents, including contractors and subcontractors, shall have the authority to trim trees upon and overhanging the Public Rights-of-Way SO as to prevent the branches of such trees from coming in contact with the wires, cables, or other equipment of Grantee. Any such tree trimming shall only be performed in accordance with applicable laws and regulations. (b) IfGrantee or its agents, including contractors and subcontractors, wish to cut down and remove any tree or trees as may be necessary for the installation and/or maintenance of its equipment, it shall apply to the Borough for permission, with the exception of Emergency situations as defined in Section 1(k), and if permission is granted, shall perform such cutting and removal in accordance with the regulations of the Borough. 3.13 CHANNEL CAPACITY Grantee shall meet or exceed programming and channel capacity requirements set forth in this Agreement and required by applicable federal and state law and regulations. 3.14 BROADCAST CHANNELS To the extent required by federal law, Grantee shall provide all Subscribers with Basic Service including, but not limited to: a) all broadcast television signals carried in fulfillment of the requirements of Section 614 of the Cable Act; b) the signals of qualified non-commercial educational television signals carried: in fulfillment of the requirements of Section 615oft the Cable Act; and c) any Educational and Governmental Channel pursuant to Section 611 oft the Cable Act. All such signals shall be delivered to Subscribers in accordance with FCCtechnical specifications. 3.15 IGNALSCRAMBLING encryption of audio and video signals. 3.16 CONTINUITY OF SERVICE Grantee shall at all times comply with FCC regulations regarding scrambling or other Subscribers shall continue to receive Cable Service from Grantee provided theiri financial and other obligations to Grantee are honored. Subject to Force Majeure provisions in Section 9.1, Grantee shall use its best efforts to ensure that all Subscribers receive continuous, uninterrupted 11 Page 23 of140 Bellefonte Borough Council Packet August 7, 2023 service regardless of the circumstances. For the purpose of construction, routine repairing or testing of the Cable System, Grantee shall use its best efforts to interrupt service only during periods of minimum use. When necessary service interruptions of more than twenty-four (24) hours can be anticipated, Grantee shall notify Subscribers in advance of such service interruption along with providing Subscribers with aj pro-rata credit for the time of such service interruption. SECTION4 SUBSCRIBER SERVICESTANDARDS 4.1 OFFICE HOURS AND' TELEPHONEAVAILABILITY (a) Grantee shall provide and maintain a toll free telephone access line that will be available to Subscribers twenty-four (24) hours a day, seven (7) days a week. Trained representatives shall respond to Subscriber telephone inquiries during Normal Business Hours. After Normal Business Hours, the access line may be answered by a service or an automated response system. Inquiries received after Normal Business Hours must be responded to by a trained company representative on the next business day. (b) Underl Normal Operating Conditions and during Normal Business Hours, telephone answering time by a Subscriber representative, including wait time, shall not exceed thirty (30) seconds after the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) ofthe time, measured on a quarterly basis. Under Normal Operating Conditions, the Subscriber shall receive a busy signal less than three percent (3%) of the time. (c) Grantee will not be required to perform surveys to measure compliance with the telephone answering standards above unless a historical record of Complaints indicates a clear failure to comply. Ift the Borough determines, after receiving Complaints itself and/or receiving a record of Complaints made to Grantee in accordance with Sections 4.5 and/or 5.7(a), that there is aclear failure to comply with the telephone answering requirements above, the Borough shall notify Grantee in writing that it must measure its compliance with these requirements for the next three months and report to the Borough the results of such monthly average measurements. 4.2 INSTALLATIONSANDSERVICE CALLS (a) Grantee shall maintain a staff of employees sufficient to provide adequate and prompt service to its Subscribers. Grantee shall require that any employee or agent, including any subcontractor, who personally visits any residential dwelling, shall display a photo identification badge. Any vehicle used for installation, operation or maintenance activities by any Grantee employee or agent, including any subcontractor, shall prominently display Grantee'sl logo. (b) Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those aerial installations that are located up to one hundred twenty-five (125) feet from the existing main distribution line. 12 Page 24 of 140 Bellefonte Borough Council Packet August 7, 2023 (c) Upon scheduling of appointments with the Subscriber: forinstallations, service calls and other activities, Grantee shall provide the Subscriber with either a specific time or an "appointment window" ofai maximum of four (4) hours during Normal Business Hours. Grantee may schedule service calls and installation activities outside of Normal Business Hours at a time that is convenient for the Subscriber. (d) Grantee may not cancel an appointment with a Subscriber after the close ofb business on the business day prior to the scheduled appointment. If, at any time, an installer or technician is running late, an attempt to contact the Subscriber must be made prior to the time of the appointment. If the appointment must be rescheduled, it must be done SO at a time that is convenient for the Subscriber. 4.3 NOTICES (a) In accordance with applicable federal law, Grantee shall provide written information to each Subscriber upon initial subscription, and at least annually to Subscribers and at any time upon request, regarding each of the following areas: (1) Products and services offered; (2) Prices and options for programming services and conditions of subscription (3) Channel positions of programming carried on the Cable System; top programming and other services; (4) Installation and service maintenance policies; (5) Instructions on how to use the Cable Service and any converters; (6) Billing and Subscriber complaint procedures; (7) AI notice of Subscriber privacy rights as required by federal law. (b) In accordance with applicable law, Grantee shall notify Subscribers and the Borough in writing of any changes ini rates, programming services or channel positions ai minimum ofthirty (30) days in advance of such changes provided that such change is within the control of Grantee. Grantee shall not be required to provide prior notice to Subscribers of any rate change that is the result of a regulatory fee, Franchise Fee or any other fee, tax, assessment or charge of any kind imposed by any federal agency, the Commonwealth of Pennsylvania or the Borough on the transaction between Grantee and the Subscriber. 4.4 BILLING (a) Bills shall be clear, concise and understandable. Bills must be fully itemized, and shall include all applicable service tiers, equipment charges and anyi installation or repair charges. 13 Page 250 of140 Bellefonte Borough Council Packet August 7, 2023 Bills shall state the billing period, including an effective due date, the amount of current billing and any relevant credits or past due balances. (b) The Borough hereby requests that Grantee omit the Borough' s name, address, and telephone number from Subscriber bills as permitted by 47 C.F.R. $ 76.952. 4.5 SUBSCRIBER COMPLAINTI PROCEDURES Grantee shall establish clear written procedures for resolving all Subscriber Complaints, (a) Grantee shall provide the Subscriber with a written response to a written Complaint within thirty (30) days of its receipt at the local business office. Such response shall include the results ofits inquiry into the subject matter oft the Complaint, its conclusions based on the inquiry, which shall include at least the following: and its decision in response to the Complaint. (b) If the Borough is contacted directly about a Subscriber Complaint, it shall notify Grantee promptly and in writing. When Grantee receives such notification, Grantee shall respond in writing within the time period specified in Section 4.5(a). (c) Any Subscriber who, in good faith, disputes all or part of any bill sent by Grantee has the option of withholding the disputed amount, without a late fee or disconnection, until Grantee has investigated the dispute in good faith and has made a determination that the amount isowed provided that: (1) The Subscriber provides a written Complaint to Grantee in at timely fashion and includes identifying information; (2) The Subscriber pays all undisputed charges; (3) The Subscriber cooperates in determining the appropriateness of the (4) Its shall be within Grantee's sole discretion to determine when the dispute charges in dispute; and has been resolved. (d) Grantee shall maintain Subscriber Complaint records for inspection by the affected Subscriber, which shall contain the date each Complaint is received, the name and address of the affected Subscriber, a description of the Complaint, the date of resolution of the Complaint, and a description of the resolution. 4.6 DISCONNECTION Grantee may disconnect or terminate a Subscriber's service for cause: 14 Page 26 of 140 Bellefonte Borough Council Packet August 7, 2023 (a) Ifatl least thirty (30) days have elapsed from the due date of the bill that Subscriber (b) IfGrantee has provided at least ten (10) days' notice to the affected Subscriber prior to disconnection, specifying the effective date after which Cable Services are subject to has failed toj pay; and disconnection; and (c) Ift there is no pending written dispute with Grantee regarding the bill; or (d) Ifat any time and without notice, Grantee determines in good faith that Subscriber has tampered with or abused Grantee's equipment or service, is engaged in theft of Cable Service orl has exhibited violent or threatening behavior toward its employees. 4.7 SERVICE INTERRUPTIONS (a) Excluding conditions beyond its control, Grantee shall begin working on a Service Interruption promptly and in no event later than twenty-four (24) hours after the interruption becomes known and shall pursue to completion. Notice of a Service Interruption of a single Subscriber shall give rise to this obligation on behalf of Grantee. All other service calls not affecting public health, safety or welfare shall occur within a maximum of forty-eight (48) hours after notice to Grantee or scheduled at the convenience of the Subscriber. (b) In the event that there is a Service Interruption to any Subscriber: for six (6) or more consecutive hours and upon receipt of written or credible oral request, Grantee shall grant such Subscriber a pro rata credit or rebate, on a daily basis, of that portion of the service charge during the next consecutive billing cycle, or, at its option, apply such credit to any outstanding balance that is currently due. 4.8 PRIVACY Grantee shall comply with the privacy provisions of Section 631 of the Cable Act and all other applicable federal and state privacy laws and regulations. Grantee shall at all times maintain adequate physical, technical and administrative security safeguards to ensure that personally- identifiable Subseriberinformation is handled and protected strictly in accordance with this policy and all applicable laws and regulations. SECTION5 REGULATIONI BYTHE BOROUGH 5.1 RIGHTTOINSPECT AND PROTECTIONOFI PROPRIETARY] INFORMATION (a) The Borough shall have the option, upon thirty (30) business days' written notice and during Normal Business Hours, to inspect at the notice location for Grantee specified in Section 9.3, all documents, records and other pertinent information maintained by Grantee which 15 Page 27 of 140 Bellefonte Borough Council Packet August 7, 2023 relate to the terms and conditions of this Agreement for the purpose of verifying compliance with the terms and conditions of this Agreement and applicable law. (b) In addition, Grantee shall maintain fori inspection by the public and the Borough all records required by the FCC: and as specifiedi lin 47C.F.R. 8 76.305 in the manner specified therein. (c) Notwithstanding anything to the contrary set forth herein, all information specifically marked by Grantee as proprietary or confidential in nature and furnished to the Borough or its designated representatives shall be treated as confidential by the Borough SO long asitis permitted to do SO under applicable law. Representatives and/or agents of thel Borough may be requested to execute a non-disclosure agreement prior to the provision by Grantee of certain confidential information, provided suchi representatives and/or agents are permitted to do sO under applicable law. Information and documentation marked by Grantee as proprietary or confidential shall include a brief written explanation as to its proprietary nature or confidentiality subject to review by the Borough. The Borough and its officially designated representatives agree in advance to treat any such information or records which Grantee reasonably deems would provide an unfair advantage for Grantee's competitors (e.g. system design maps, engineering plans, programming contracts, etc.) as confidential sO long as permitted to do SO under applicable law and only to disclose it to Borough employees, agents, or representatives whol have ai need tol know or in order to enforce the provisions of this Agreement. In the event a request is made by an individual or entity not an employee, agent or representative of the Borough acting in their official capacity for information related to the franchise and marked by Grantee as confidential and/or proprietary, the Borough shall timely notify Grantee of such request and shall cooperate with Grantee in protecting its proprietary and confidential information to the extent permitted by applicable law. Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act, or information which is not relevant to regulation of the franchise (e.g. employee files, tax returns, etc.). 5.2 RIGHT TOCONDUCT COMPLIANCE REVIEW Not more than twice during the term of this Agreement, the Borough or its representatives may conduct a full compliance review with respect to whether Grantee has complied with the material terms and conditions oft this Agreement sol long as it provides Grantee with forty-five (45) days' written notice in advance of the commencement of any such review. Such notice shall specifically reference the section(s) or subsection(s) of the Agreement that is (are) under review, sot that Grantee may organize the necessary records and documents for appropriate review by the Borough. Within thirty (30) days of a written request, Grantee shall provide the Borough with copies of records and documents related to the cable compliance review. The period for any such review shall be for not more than the sixty (60) months immediately previous to the notice. The Township shall promptly inform Grantee in accordance with Section 8.1 of any alleged non- compliance issues that result from the compliance review. 5.3 RESERVED AUTHORITY The Borough reserves the regulatory authority arising from the Cable Act and any other applicable federal or state. laws or regulations. Nothing in this Agreement shall remove, restrict or reduce the Borough's authority, rights and privileges it now holds, or which hereafter may be 16 Page 28 of 140 Bellefonte Borough Council Packet August 7, 2023 conferred upon it, including any right to exercise its police powers in the regulation and control of the use of the Public Rights-of-Way. 5.4 POLICE POWERS Grantee's rights under this Agreement are subject to the police powers of the Borough to adopt and enforce general laws and regulations necessary for the safety and welfare of the public. Suchl laws and regulations are separate and distinct from the terms and conditions contained in this Agreement. If the Borough's exercise of the police power results in a material alteration of the terms and conditions oft this Agreement, then the parties shall negotiate amendments in good faith tot this Agreement to the mutual satisfaction of both parties to ameliorate the negative effects on Grantee of the material alteration. 5.5 NOINTATIONONTAING OR FEE AUTHORITY Nothing in this section ori in this Agreement shall be construed tol limit the authority of the Borough to impose any tax, fee or assessment of general applicability. Such taxes, fees or assessments shall be in addition to Franchise Fees. 5.6 PERMITS Grantee shall apply to the Borough for all generally-applicable required permits and shall not undertake any activities in thel Publicl Rights-of-Way subjectt to aj permit without receipt ofs such permit, the issuance of which shall not be unreasonably withheld by the Borough. Grantee shall not be required to obtain permits for Cable Service drops fori individual Subscribers or for servicing or installation of pedestals or routine maintenance that does not disturb surface grade or impact vehicular traffic. Grantee shall pay any and all required permit fees. 5.7 REPORTING In addition to the other reporting requirements contained in this Agreement, upon written request, Grantee shall provide the following reports to the Borough: (a) Subscriber Complaint Reports Within thirty (30) days of a written: request and noi more than once per year, Grantee shall submit to the Borough a report showing the number of Complaints, as defined in Section 1(g), that required a service call, originating from the Borough and received during the previous 12-month reporting period, the dates they were received, summary descriptions oft the Complaints, the dates the Complaints were resolved and summary descriptions of the resolutions. least the following statistical information for the previous 12-month period: In addition, and upon written request, Grantee shall provide ai report containing at (1) Number of repair service requests received; 17 Page 29 of 140 Bellefonte Borough Council Packet August 7, 2023 (2) Breakdown by type of complaint received (i.e. complete outage, snowy picture, (3) Breakdown by cause of problem (i.e. subscriber equipment, drop/converter, (4) Number of known service interruptions and the approximate length of time of etc.); system, etc.); each such interruption (b) Government Reports Grantee shall provide to the Borough, upon written request, copies of any and all communications, reports, documents, pleadings and notifications of any kind which Grantee has submitted to any federal, state or local regulatory agencies ifs such documents relate specificallyt to Grantee's Cable System within the Borough. Grantee shall provide copies of such documents no later than thirty (30) days after their request. SECTION6 COMPENSATONIOTE BOROUGH 6.1 FRANCHISE FEES Grantee shall pay to the Borough an amount equal to five percent (5%) of the Gross Revenues derived from the operation ofi its Cable System toj provide Cable Service in the Borough. Grantee shall not deduct or otherwise credit against the Franchise Fee any tax, fee or assessment of general applicability, unless required by law. The Borough may amend thel Franchise Fee upon written notice to Grantee provided that the Franchise Feei may not exceed the maximum percentage permitted by law. A copy of the Resolution or Ordinance authorizing the Franchise Fee rate adjustment by the Borough shall accompany such written notice. Any change in Grantee's Franchise Fee obligation contained herein shall commence within ninety (90) days from such written notice. 6.2 QUARTERLY PAYMENTS Franchise Fee payments to the Borough under this provision shall be computed at the end of each calendar quarter. Such payments shall be made within forty-five (45) days following the end of each of thei first three calendar quarters and sixty (60) days after the fourth calendar quarter. Specifically, payments shall be due and payable on or before May 15 (for the first quarter), August 15 (for the second quarter), November 15 (for the third quarter), and March 1 (for the fourth quarter). In the event that any Franchise Fee payment is not made on or before the date by which itis due, then interest calculated at the then-current prime rate, as published by the Wall Street Journal, shall be added to the amount of Franchise Fee revenue due to the Borough. The interest rate shall be applied as described from the date such Franchise Fee payment was originally due. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall acceptance of any payment be construed as a release of any claim the 18 Page 30 of 140 Bellefonte Borough Council Packet August 7, 2023 Borough may have for additional sums payable under this Agreement. Upon request and if mutually agreeable, Grantee shall deposit the Franchise Fee payments electronically into an account as designated by the Borough. 6.3 QUARTERLY REPORTS Within ten (10) days of each Franchise Fee payment described in Section 6.2 above, Grantee shall provide a written report containing an accurate statement of Grantee's Gross Revenues received for Cable Services for each calendar quarter in connection with the operation of Grantee's Cable System and showing the basis for the computation of fees. Specifically, the report shall contain line items for sources of revenue received and the amount ofi revenue received from each source. Thei report shall be verified by a financial representative of Grantee. 6.4 FRANCHISE FEE REVIEW Not more than twice during the franchise term, the Borough shall have the right to conduct aF Franchise Fee review or audit of Grantee's records reasonably related to the sources, amounts and computation of Gross Revenues. Any such Franchise Fee review or audit shall occur within sixty (60) months from the date the Borough receives such payment, after which period any such payment shall be considered final. Within thirty (30) days of a written request, Grantee shall provide the Borough with copies of financial records related to the Franchise Fee review or audit. (a) In the event of an alleged underpayment, the Borough shall provide Grantee with a written statement indicating the basis for the alleged underpayment. If the Franchise Fee review ora audit reveals that there have been no underpayments, the Borough shall provide written notice to Grantee indicating that no underpayments were found and that the Franchise Fee review is closed. Grantee shall have thirty (30) days from the receipt of the statement regarding an alleged underpayment to provide the Borough with any written objection to the results of the Franchise Fee review, including any substantiating documentation. Based on this exchange of information, the Borough shall make a final determination of the underpayments), if any, within thirty (30) days of Grantee's objection and shall provide Grantee with written notice of the determination. If Grantee disputes the Borough's final determination, it may submit the dispute to mediation or arbitration within thirty (30) days of receiving the Borough's written notice of determination. In the event that Grantee fails to submit the matter to mediation or arbitration within the required time period, the Borough's final determination shall be binding on Grantee. (b) Any Franchise Fee payment due to the Borough as a result of the Franchise Fee review shall be paid to the Borough by Grantee within forty-five (45) days from the date the Borough notifies Grantee of its final determination, or if the matter is submitted to mediation or litigation, within forty-five (45) days from the final disposition of such action. Ift the Franchise Fee review shows that Franchise Fees have been underpaid, then Grantee shall pay the underpaid amount plus interest from the due date equal to the then-current prime rate of interest as published in The Wall Street Journal on the underpayment amount. IfFranchise Fees have been underpaid by five percent (5%) or more, then Grantee shall also pay up to three thousand dollars ($3,000)of documented out-of-pocket costs of the Franchise Fee review. Any entity employed by the 19 Page 31 of 140 Bellefonte Borough Council Packet August 7, 2023 Township that performs an audit or franchise fee review shall not be permitted tol be compensated on a success based formula, e.g. payment based upon underpayment of fees, ifany. 6.5 BUNDLED SERVICES All revenue earned from bundled services shall be allocated to Cable Service and non- Cable Service in accordance with generally accepted accounting principles (GAAP). It is understood that in some cases equipment and other non-service charges may be allocated at full retail price due to requirements related to sales taxes or similar tax requirements. To the extent such allocations are discretionary or otherwise not addressed by GAAP, allocations of revenue from such bundles shall not be structured for the purpose of evading franchise fees applicable to cable services. SECTION7 SERVICESTOTHE COMMUNITY 7.1 SERVICESTO COMMUNITY FACILITIES (a) Grantee shall provide a cable service drop and Basic Service with any necessary cable box to one outlet at each Public Building listed in Exhibit A. In accordance with applicable law, Grantee will charge the fair market value for each such account, which fair market value shall match the then-current rate card fort the level ofs service provided. Grantee shall notify the Borough in writing regarding the amount oft the monthly service fee for each account based on fair market value. The Borough shall then notify Grantee, within thirty (30) days of receiving the notice from Grantee, whether it wishes the amount due each month to be invoiced for payment or deducted from the next franchise fee payment. The Borough may upgrade thel level of cable service received at then current rate card prices for the higher level of service. The Borough may also elect in writing not to receive the service, in which case it will not be invoiced and no deduction will be taken from the franchise fee. (b) In the event the FCC's 2019 Third Report and Order In the Matter of Implementation of Section 621 of the Cable Act is reversed on appeal as to the issue of complimentary cable services as in-kind contributions: in ac cable franchise and such result becomes final within thirty (30) days of the result becoming final, Grantee will discontinue the charge for Basic Service for the Public Building locations listed in Exhibit A and provide such service on a complimentary basis. Any additional levels of cable service, outlets, or service locations ordered by the Borough shall continue to be subject to standard rates. (c) During the term of the Franchise, the Borough may change a Public Building location listed inl Exhibit A upon ninety (90) days' written notice to Grantee, provided that the new location is within one. hundred twenty-five (125) feet of existing Grantee cable distribution plant. 20 Page 32 of1 140 Bellefonte Borough Council Packet August 7, 2023 7.2 EDUCATIONALAND COVERNMENTALEG CHANNEL (a) Grantee shall continue to provide to the Borough the use of two (2) Educational and Governmental ("EG") Access Channels in accordance with Section 611 of the Cable Act. Such EG Channels shall be shared among the CACC communities and used for community programming related to educational and/or governmental activities. The Borough shall have complete control over the content, scheduling, administration and all other programming aspects of the EG Channels, and may delegate such functions, or a portion of such functions, to a designated access provider. Grantee shall not exercise any editorial control over EG Channel programming. Grantee shall cablecast the activated EG Channels SO that they may be received by all Grantee Subscribers in the Borough. (b) To enable the Borough to utilize the EG Channel, Grantee shall continue to maintain direct fiber links, including activation equipment capable of transmitting high quality video and audio between the video origination location and the Grantee headend such that live programming can originate from this selected location and be distributed via the Cable System to Subscribers in the Borough. This fiber link and equipment shall be collectively known as the "Return Line." Grantee shall determine the engineering solution necessary to allow distribution of the EG Channel programming, via the Cable System, to Subscribers in the Borough. (c) Grantee shall be responsible for maintaining the Return Line(s) to the origination site(s) of the EG Channel(s) sO long as the Borough provides Grantee with access to such location and access to thel EG Channel equipment within such locations. Grantee shall provide, install and maintain in good working order the equipment and the cable necessary for transmitting the signal tot the channel aggregation site fori further processing and distribution to Subscribers. Grantee shall maintain the EG Channel in accordance with the same FCC technical specifications that are comparable to the specifications used to maintain commercial channels transmitted to Subscribers on the Cable system, except that it shall not be responsible for the technical signal quality of programming produced by any EG channel programmer. (d) Any expenditure made in connection with the construction oft the Return Line shall be at the expense of the Borough. The Borough and Grantee further agree that all costs incurred by Grantee for supporting such EG Channel, including any and all equipment, and EG capital support grants may be designated as "costs of franchise requirements" or "external costs" as defined by the FCC and Grantee reserves its right to pass these costs through to the Subscribers pursuant to: federal law. (e) The Borough or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securing and supervising any trained/qualified personnel who conduct the operation of the EG channel. The Borough and Grantee agree to work cooperatively in implementing the EG channel through such means and in such manner: as shall be mutually satisfactory. (f) To enable the Borough or its designee to utilize the EG Access Channels, Grantee shall provide no more than twelve (12) total Remote Origination Points ("ROP(s)") to the participating municipalities in the Centre Area Cable Consortium ("CACC") in which the Grantee has a franchise agreement and offers Cable Service. Grantee shall provide and install, at the cost 21 Page 330 of140 Bellefonte Borough Council Packet August 7, 2023 of the Borough, within one hundred eighty (180) days' written notice, cable and other necessary signal distribution equipment such that live or tape playback of programming can be originated from the selected locations and distributed to Subscribers through the designated access provider. Existing ROPS are listed in Exhibit B. The cost for additional ROPS or re-location of existing ROPS shall be the responsibility of the Borough. (g) HD. Access Channel (1) The Borough may request one (1) Access Channel in high definition ("HD") format when it demonstrates that at least three (3) hours per day, five (5)days per week of original, non-repetitive EG programming is being produced in HD. (2) Following written notice by the Borough that the criteria in Section 7.2(g)(1) has been met, Grantee shall have one hundred eighty (180) days to make available one (1) HD Access Channel to be shared among the participating CACC communities and simultaneously carry the two (2) shared SD Access Channels provided under Section 7.2(a). Grantee shall carry all components of the HD Access Channel signals provided by the designated access provider including, but not limited to, closed captioning, stereo audio and other elements associated with the programming. The designated access provider shall be responsible for providing the Access Channel signal in an HD format to the demarcation point at the designated point of origination for the Access Channel. (3) At the cost of the designated access provider or Borough, Grantee shall provide all necessary equipment including HD encoders or its equivalent outside or inside the demarcation point at the designated access provider channel origination point, at any ROP(s), and at its Headend and hubs or similar distribution facilities necessary to deliver the Access Channel inl HD: format to Subscribers. The Borough shall pay for the cost of any resulting upgrades to the Return Line(s). The Borough and Grantee agree that the costs for equipment or upgrades to the Return Line qualify as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from the EG Capital Grants provided fori in this Franchise. (4) Thirty-six (36) months after the launch of an HD Access Channel, Grantee shall have the right to reclaim one (1) of the SD Access Channels. (h) Within one. hundred eighty (180) days of a written request by the Borough, Grantee shall, at the Borough's expense, relocate the EG origination site and the associated Return Line as follows: (i) Grantee'so obligation shall be subject to the same terms and conditions that apply to the original EG origination site in this Section; and (ii) the Borough shall provide access to such site at least ninety (90) days prior to anticipated use of the new EG origination site. The timeline for relocation of the EG origination site shall be subject to the timely granting of any and all required permits, walk-out, make ready, and the detection of all underground utilities. (i) Int the event thel Borough ori its designee does not] program any EG Channel, Grantee may request the use of this channel subject to written approval by the Borough. If the Borough approves Grantee' 's use ofa an EG Channel and, subsequent to such approval, the Borough requests 22 Page 34 of 140 Bellefonte Borough Council Packet August 7, 2023 the utilization of thel EG Channel being programmed by Grantee, Grantee shall relinquish such use no later than sixty (60) days after receipt of written notification from the Borough that it requires such channel for educational and/or governmental use. Grantee shall use its best efforts to maintain the channel assignments for the current EG Channel(s) as of thel Effective Date. Notwithstanding the foregoing, in the event that Grantee deems a change in any EG Channel assignment to be necessary and changes any channel assignment in accordance with this Section, Grantee shall comply with thei following requirements. Grantee shall provide the Borough thirty (30) days advance written notice of any change in EG Channel assignments. (k) Interactive Guide Access. Grantee shall make available to the Borough or its designated Access Channel operator the third-party vendor contact information necessary to participate in the interactive channel guide carried on the Cable System. It shall be the sole responsibility of the Access Channel operator to provide the necessary program information and descriptions to the channel guide vendor and to comply with all requirements of such vendor. Any associated costs shall be borne by the Borough or its designee. 7.3 EG CAPITALGRANT (a) During the first four (4) years of this Agreement, Grantee shall pay a flat fee EG capital grant each year, based on the number of Housing Units (as defined in Section 7.3(d)) such term in the Borough, as shown in the table below with the timing of such flat fee payments to be made as follows: for the first year within thirty (30) days of the Effective Date and for the second through and including fourth years within thirty (30) days of the anniversary date of this Agreement. For the first two (2) years of this Agreement, Grantee shall pay the full amount of the flat fee. In the third year, Grantee shall pay the greater of: (i) the flat fee or (ii) 50% of the flat fee plus aj percentage of Gross Revenue as set forthi in Sections 7.3(b)-(c). Int the fourth year, Grantee shall pay the greater of: (i) the flat fee or (ii)25% of the flat fee plus aj percentage of Gross Revenue as set forth in Sections 7.3(b) -(c). Housing Units EG Capital Grant 0-1,999 2,000-3,999 $2,000.00 4,000-5,999 $3,000.00 6,000-7,999 $4,000.00 >8,000 $1,000.00 $5,000.00 (b) Beginning in the third year from the Effective Date, Grantee shall pay an amount equal to 0.17% of the Gross Revenues received from the operation of the Cable System toj provide Cable Service in the Franchise Area to be used for capital expenses related to the EG Channels. The EG Capital Grant payments shall be made within forty-five (45) days following the end of each of the first three calendar quarters and sixty (60) days after the fourth calendar quarter. Specifically, payments shall be made on or before May 15, August 15, November 15 and March 1.The Borough shall ensure the use of the EG capital grant is consistent with federal law. Grantee and the Borough agree that the cost of such grant may be designated as a "cost of franchise 23 Page 350 of1 140 Bellefonte Borough Council Packet August 7, 2023 requirements" or' "external cost" as defined by the FCC and Grantee reserves its right toj pass these costs through to the Subscribers over the entire term of the Agreement pursuant toi federal law. (c) At or after sixty (60) months from the Effective Date, the Borough may request an increase of the EG Capital Grant up to a total of 0.25% of the Gross Revenues received from the operation of the Cable System to provide Cable Service in the Borough. Any increase in EG Capital Grant must be approved by Borough Council at aj public meeting. A copy oft the Resolution orC Ordinance authorizing the increased EG Capital Grant by the Borough shall accompany written notice to Grantee of said increase. Grantee shall implement and any requested increase in the EG Capital Grant obligation within ninety (90) days from such written request. The Borough shall ensure the use of the EG capital grant is consistent with federal law. Grantee and the Borough agree that the cost of such grant may be designated as a "cost of franchise requirements" or "external cost" as defined by the FCC and Grantee reserves its right to pass these costs through to the Subscribers over the entire term of the Agreement pursuant to federal law. (d) A Housing Unit is a house, an apartment, a group of rooms, or a single room intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any otheri individuals in the building and whichl have a direct access from the outside of the building or through a common hall. In accordance with this definition, each apartment unit in an apartment building is counted as one Housing Unit. SECTION8 ENFORCEMENT.INSURANCE AND INDEMINIFICATION 8.1 VIOLATIONSAND OPPORTUNITY TOCURE (a) Ift the Borough has reason to believe that Grantee violated any material provision of this Agreement, it shall notify Grantee in writing of the nature of such violation and the section(s) oft this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do sO pursuant to the requisite authority of the Borough. (b) Grantee shall have forty-five (45) days to cure such violation after written notice isr received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Grantee must cure the violation shall be extended by the Borough in writing for such additional time necessary to complete the cure, provided that Grantee shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the Borough. (c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, int the Borough'sjudgment, Granteel has not taken reasonable steps to cure the violation, then thel Borough may deem that Grantee is liable for liquidated damages and/or any otherright or remedy in accordance with this Section 8. 24 Page 36 of 140 Bellefonte Borough Council Packet August 7, 2023 8.2 LIQUIDATED DAMAGES (a) Because Grantee' si failure to comply with the material terms oft this Agreement: may result in harm to the Borough and because it will be difficult to measure the extent of such injury, the Borough may assess liquidated damages against Grantee in the amount of Two Hundred Fifty Dollars ($250.00) per day for each day the violation continues, provided Grantee has had an opportunity to cure in accordance with Section 8.1(b). Such damages shall not be a substitute for specific performance by Grantee or legal action by the Borough, but shall be in addition to such specific performance or legal action. (b) The first day for which liquidated damages may be assessed, ift there has been no cure after the end of the applicable cure period, shall bet the day after the end oft the applicable cure period, including any extension of the cure period granted by the Borough. Liquidated damages may not be assessed for a time period exceeding one hundred and twenty (120) days per violation. The Borough may commence revocation proceedings and/or initiate an action in law or equity in acourt of competent jurisdiction after the assessment ofl liquidated damages or in lieu of liquidated damages. With respect to liquidated damages assessed, all similar violations or failures resulting from the same factual events affecting multiple Subscribers shall be assessed as a single violation. 8.3 REVOCATION (a) Ina addition to the other rights, powers and remedies retained by the Borough under this Agreement, the Borough reserves the separate and distinct right to revoke this Franchise if: Borough in the operation ofi its Cable System or any other activities pursuant to this Agreement; signal quality pursuant to the standards provided for by the FCC or the technical requirements set (1) It is demonstrated that Grantee practiced any fraud or deceit upon the (2) Grantee repeatedly fails, after notice and opportunity to cure, to maintain forth in Section 3.1; (3) Grantee repeatedly violates, after notice and opportunity to cure, one or more of the material terms or conditions of this Agreement; (b) The foregoing shall not constitute a violation of a material term or condition if the violation occurs without the fault of Grantee or occurs as a result of circumstances beyond its control or by reason of Force Majeure as defined in Section 9.1. Grantee shall not be excused from the performance of any ofi its obligations under this Franchise by mere economic hardship or by the misfeasance or malfeasance of its directors, officers or employees. (c) A1 revocation shall be declared only by a written decision of the Borough Council after an appropriate public hearing that shall afford Grantee due process and full opportunity to be heard. This shall include the ability to introduce evidence, to question witnesses and to respond to any notice of grounds to terminate in accordance with the standards ofai fair hearing applicable to administrative hearings in the Commonwealth of Pennsylvania. All notice requirements shall be met by providing Grantee at least thirty (30) days prior written notice (via certified mail-return 25 Page 37 of 140 Bellefonte Borough Council Packet August 7, 2023 receipt requested) of any public hearing concerning the proposed revocation of this franchise. Such notice shall state the grounds for revocation. The Borough, after a public hearing and upon finding the existence of grounds for revocation, may either declare this franchise terminated or excuse such grounds upon a showing by Grantee of mitigating circumstances or good cause for the existence of such grounds. The Borough shall issue such declaration and finding within thirty (30) days in a written decision which shall be sent via certified or overnight mail to Grantee. If Grantee appeals such determination to an appropriate court, the revocation shall be stayed. 8.4 PERFORMANCE BOND (a) Grantee shall obtain and maintain, throughout the term of this Agreement, at its sole cost and expense, aj performance bond with a surety company licensed to do business in the Commonwealth of Pennsylvania to ensure Grantee's faithful performance ofi its obligations. The performance bond shall provide that the Borough may recover from the principal and surety any and all liquidated damages and/or compensatory damages incurred by the Borough for Grantee's violations of this Agreement, after notice and opportunity to cure, in accordance with Sections 8.1 and 8.2. (b) The performance bond shall be in the amount of Twenty-Five Thousand Dollars ($25,000). Grantee shall not reduce, cancel or materially change said bond from the requirement contained herein without the express prior written permission of the Borough. 8.5 INSURANCE (a) Grantee shall obtain and maintain, in full force and effect, at its sole cost and expense, during thel Franchise term, the following minimum insurance coverage with an insurance company that is authorized to conduct business in Pennsylvania and which has an A.M. Best rating (or equivalent) no less than A-minus VII, indemnifying the Borough from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, reconstruction, operation, maintenance or removal of the Cable system by Grantee or any ofits contractors, subcontractors, agents or employees in the following amounts: (1) The amount of such insurance against liability for damage to property shall (2) The amount of such insurance against liability for injury or death to any (3) The amount of such insurance for excess liability shall be Three Million (4) The amount of such: insurance against all claims arising out of the operation be no less than One Million Dollars ($1,000,000) as to any one (1) occurrence. person shall be no less than One Million Dollars ($1,000,000). Dollars ($3,000,000) in umbrella form. of motor vehicles shall be One Million Dollars ($1,000,000) combined single limit per occurrence. 26 Page 38 of140 Bellefonte Borough Council Packet August 7, 2023 (b) The Borough, its officials and employees, shall be designated as additional insureds (c) Grantee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this Section 8.5 and without submitting insurance certificates to the Borough verifying that Granteel has obtained such alternative insurance. Grantee shall provide the Borough with atl least thirty (30) days" prior written notice int the event thej policies are cancelled under each of the insurance policies required in this Section 8.5. or not renewed. (d) Grantee shall deliver to the Borough Certificates of Insurance showing evidence of the required coverage within thirty (30) days of a written request by the Borough. 8.6 INDEMNIFICATION Grantee shall indemnify, defend, save and hold harmless the Borough, its elected and appointed officials, officers, agents and employees acting in their official capacities, from claims for injury, loss, liability, cost or expense arising in whole ori in part from, caused by or connected with any act or omission of Grantee, its officers, agents, contractors, subcontractors or employees, arising out of, but not limited to, the construction, installation, upgrade, reconstruction, operation, maintenance or removal of the Cable System. The Borough shall give Grantee timely written notice ofits obligation toi indemnify: and defend the Borough. The obligation toindemnify, defend, save and hold the Borough harmless shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, penalties, and reasonable attorneys' fees. Ifthe Borough determines that it is necessary for it to employ separate counsel, in addition to that provided by Grantee, the cost for such separate counsel shall be the responsibility of the Borough. Grantee shall not indemnify the Borough for any claims resulting from acts of willful misconduct or negligence on the part of the Borough. SECTION9 MISCELLANEOUS 9.1 FORCE MAJEURE Iff for any reason of Force Majeure, Grantee is unable in whole or in part to carry out its obligations hereunder, Grantee shall not be deemed in violation of this Agreement during the continuance of such inability. Grantee shall notify Borough within ninety (90) days ifa condition ofl Force Majeure causes an inability to complete aj project otherwise meeting the density and other requirements in this Agreement. 9.2 REMOVALOF: SYSTEM (a) Upon lawful termination or revocation of this Agreement, Grantee shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall reasonably restore the areas to their 27 Page 39 of 140 Bellefonte Borough Council Packet August 7, 2023 original condition. If such removal is not completed within six (6) months of such lawful termination or revocation, the Borough or property owner may deem any property not removed as having been abandoned and the Borough may remove it at Grantee's cost. (b) During the term of the Agreement, if Grantee decides to abandon or no longer use all or part ofi its Cable System, it shall give the Borough written notice ofi its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon Grantee's abandonment of the Cable System, the Borough shall have the right to either require Grantee to remove the property, remove the property itself and charge Grantee with the reasonable costs related thereto. (c) Notwithstanding the above, Grantee shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Grantee from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act. 9.3 NOTICES Every notice or payment to be served upon or made to the Borough shall be either by hand delivery or first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service or electronic mail and addressed to: Bellefonte Borough 236 West Lamb Street Bellefonte, PA 16823 Attention: Borough Manager Every legal notice to be served upon or made to the Borough shall, in addition to the notice address above, also be delivered or mailed as described above to: Cohen Law Group 413S. Main Street Pittsburgh, PA 15215 The Borough may specify any change of address in writing to Grantee. Every notice tol be served upon or made to Grantee shall be either by hand delivery or first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service or electronic mail and addressed to: Shenandoah Cable Television, LLC 500 Shentel Way Woodstock, VA 22824 Attention: VP, Government Affairs Department 28 Page 40 of 140 Bellefonte Borough Council Packet August 7, 2023 Grantee may specify any changes of address in writing to the Borough. Each delivery to Grantee or the Borough shall be equivalent to direct personal notice, direction or order, and shall be deemed tol have been given at the time of receipt. 9.4 EQUAL EMPLOYMENT OPPORTUNITY Grantee is an equal opportunity employer and shall comply with all applicable federal and state. laws and regulations regarding equal opportunity employment. 9.5 CAPTIONS The captions for sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning ori interpretation of this Agreement. 9.6 GOVERNINGLAW: VENUE This Agreement shall be governed and construed by and in accordance with the laws of the Commonwealth of Pennsylvania. Ifsuit is brought by aj party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Pennsylvania, County of Centre, ori in the United States District Court for the Middle District of Pennsylvania. 9.7 TRANSFER, ASSIGNMENT OR CHANGEI IN CONTROL No transfer of control of Shenandoah Cable Television, LLC, defined as an acquisition of 51% or greater direct ownership interest in Shenandoah Cable Television, LLC, shall take place without prior written notice to the Borough. No notice shall bei required, however, for ()at transfer int trust, by mortgage,h hypothecation, or by assignment of any rights, title, or interest of Shenandoah Cable Television, LLC in thel Franchise ori in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Grantee. 9.8 ENTIRE. AGREEMENT This written instrument contains the entire agreement between the parties, supersedes all prior agreements or proposals whether written or oral except as specifically incorporated herein, and cannot be changed without written amendment approved by both the Borough and Grantee. This Agreement supersedes all prior cable franchise agreements or cable ordinances, or parts of cable franchise agreements or cable ordinances, agreements, representations or understandings, whether written or oral, of the parties regarding the subject matter hereof that are in conflict with the provisions herein. 9.9 SEPARABILITY If any section, provision or clause of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, or is pre-empted by federal or state laws or 29 Page 41 of 140 Bellefonte Borough Council Packet August 7, 2023 regulations, such section, provision or clause shall be deemed to be separable from the remaining portions of this Agreement and shall not affect the legality, validity or enforceability of the remaining portions of this Agreement. 9.10 NO WAIVER OF RIGHTS No course of dealing between the Borough and Grantee, nor any delay on the part of the Borough in exercising any rights hereunder, shall operate as a waiver of any such rights of the Borough or acquiescence in the actions of Grantee in contravention of such rights, except to the extent expressly waived by the Borough. No course of dealing between Grantee and the Township, nor any delay on the part of Grantee in exercising any rights hereunder, shall operate as a waiver of any such rights of Grantee ora acquiescence in the actions oft the Township in contravention of such rights, except to the extent expressly waived by Grantee. 9.11 CHANGE OFLAW In the event there is a change in a federal or state statute or regulation applicable to the Cable System or to this Agreement, the Borough or Grantee may notify the other party ofi its desire toa amend this Agreement in order to comply with the change ins statute or regulation. The Borough and Grantee shall amend this Agreement to comply with such change in statute or regulation provided such amendment is approved by the Borough and Grantee. 9.12 COMPLIANCE WITHLAWS Grantee shall comply with all federal, state and generally applicable local laws and regulations. 9.13 NOTHIRD-PARTY BENEFICIARIES Nothing in this Agreement is or was intended to confer third-party beneficiary status on any person other than the parties to this Agreement to enforce the terms of this Agreement. 9.14 APPLICABILITY OF AGREEMENT All of the provisions in this Agreement shall bind Grantee, the Borough and their respective successors and assigns. This Agreement is authorized by Resolution No. dated 2023 of the Borough Council. 30 Page 420 of140 Bellefonte Borough Council Packet August 7, 2023 WITNESS our hands and official seals to this Cable Franchise Agreement. BELLEFONTE BOROUGH By: Name: Title: Date: SHENANDOAH CABLE TELEVISION,LLC By: Name: Title: Date: 31 Page 430 of140 Bellefonte Borough Council Packet August 7, 2023 EXHIBIT A LOCATIONS FOR COURTESY CABLE TELEVISION SERVICE 32 Page 44 of 140 Bellefonte Borough Council Packet August 7, 2023 EXHIBIT B EXISTING REMOTE ORIGINATION POINTS * Centre County Courthouse Annex 108 S. Allegheny Street Bellefonte, PA 16823 Centre Region Council of Governments 2643 Gateway Drive State College PA 16801 College Township 1481E E. College Avenue State College, PA 16801 Ferguson Township 3147 Research Drive State College, PA 16801 Patton Township 100 Patton Plaza State College, PA 16803 State College Borough 243 S Allen Street State College, PA 16801 240 Villa Crest Diver State College, PA 16801 Willowbank Office Building 420 Holmes Street Bellefonte, PA, 16823 State College Area School District Administration Offices * 12: sites are authorized by this Agreement of which the above are the 8 existing sites. 33 Page 45of140 Bellefonte Borough Council Packet August 7, 2023 HISTORIC Bellefonte Est. 1795 Bellefonte Borough Council Business Meeting 7:30 PM Monday, August 7th, 2023 Council Chambers AGENDA VIEW LIVEI FEEDRECORDING OF WORK SESSIONS and BOROUGH COUNCIL MEETINGS- Council Work Sessions and Council Business Meetings can be viewed live on YouTube at tps/yomtbeconmineOpkwCVICN, Recordings can be viewed on CNET, ATTEND VIRTUALLY- Please contact the Borough via email: bor@belefontepasov or phone: 814-355-1501 before 4:00 PM on Monday, August 7t, 2023, to receive the Zoom Link Comcast's Government Education Channel 7, or at www.rnetl.org tot the meeting. I. 7:301 PM CALL TO ORDER Welcome everyone to the Bellefonte Borough Council business meeting. II. PLEDGE OF ALLEGIANCE FOLLOWED BY A MOMENT OF SILENCE III. ROLL CALL Mr. Bernier, Vice-President, North Ward Mr. Brachbill, South Ward Ms. Cleeton, South Ward Ms. Dann, South Ward Mr. Johnson, President, North Ward Ms. McKean, West Ward Ms.] Purnell, North Ward Ms. Sedgwick, West Ward Ms. Tosti-Vasey, West Ward Mayor.ohnson, AtLarge IV. ADDITIONS TO THE COUNCIL MEETING AGENDA In accordance with Act 65 of2 2021, Ifai matter is not on the Agenda, Council cannot take official action on it with some exceptions. The Council can act on matters relating to potential or real emergencies. Council may adda matter of agency business to its agenda through ai majority vote. The Council should state the reason why the action item is being added to the agenda. Council may vote to add an action item(s) to the agenda. V. PUBLIC COMMENT (Oral) This Public Comment period is for oral comments regarding any action items listed on this meeting agenda or any comments in general. No deliberations will be entered into by Council at this time. Please sign in, come to the podium at the appropriate time, and state your name and address and which item you are speaking about. Please try to limit comments to three minutes maximum. Municipal Building 236 W Lamb St Bellefonte, PA 16823 Tel:814-355-1501 Fax:814-353-2315 wm.bellefonte.net Page 46of140 TDD/TDY & Voice71l TTY/TDDOnly 717-237-2261 Anl Equal Opportunity Employer Bellefonte Borough Council Packet August 7, 2023 VI. COMMUNICATIONS (written) Drought Watch remains in place across Pennsylvania. FYI, no Council action is needed. Written Comments on the Centre Region Rental Housing and Building Safety Code Ordinance. FYI, no Council action is Pennsylvania State Association of Boroughs (PSAB): Safety Group Dividend Program. FYI, no Council action is needed. Thank you to Officers Brower and Luse from Ed Mann pertaining to a Welfare Check. FYI, no Council action is needed. CATA 20231 Fall service changes effective Thursday, August 17, 2023. FYI, no Council action is needed. Trinity United Methodist Church: requests Borough Council consider adding language to the Commercial Zoning Ordinance to allow the use of temporary emergency shelters ground floor residential. Council may consider action. Downtown Bellefonte Inc. (DBI) Bellefonte Under the Lights event involving Street Closures, Use of Parking Lot, alcohol vendors (potentially) request for October 20, 2023. Staff can review this application and come back with needed. Mr. Demartino's concerns within the Borough. Council may consider action. recommendations. VII. CONSENT AGENDA All items listed on the Consent Agenda are considered to be routine and will be acted upon by a single motion. There will be no. separate discussion of these items unless members of the Council request specific items to be removed for separate action. Council Action Requested General Finance Finance Finance Finance Finance Council Meeting Minutes July 17, 2023 Stover McGlaughlin Invoice. July 2023 Budget V. Actual July 2023 Budget V. Actual Summary July 2023 Treasurer's Report July 2023 Voucher Summary July 2023 Call for a motion/2d to approve the Consent Agenda VIII. REPORTS Please try to limit all peneréhmavdaleatons toi three minutes maximum. DEPARTMENT OFFICIAL STAFF Mayor Johnson Ms. Thompson REPORT Verbal Submitted Mayor Office of Community Affairs (OCA) 1. Historic Architectural Review Board (HARB) Upcoming meeting: August 8, 2023, at 8:30 via Zoom (link in Memo) 2. Zoning - See memo IX. CURRENT and OLD BUSINESS Centre County Courthouse Wall Construction is tentatively scheduled to begin mid-October 2023. FYI, no Council action Environmental Advisory Board (EAB) Sustainability Survey Letters to Community Members were mailed out on. Friday, Rental Housing Ordinance No. 08072023-01. Motion/2nd to approve thel Rental Housing Ordinance No. 08072023-01 Shentel Cablel Franchise Agreement and Resolution No. 08072023-01.1 Motion/2nd to conditionally approve the Shentel Cable Franchise Agreement with any conditions or as presented. Motion/2nd to approve the Shentel Cable Resolution isn needed. August 4, 2023. FYI, no Council action is needed. with any stated changes or as presented. No. 08072023-01. Page 47 of 140 2 Bellefonte Borough Council Packet August 7, 2023 South Potter Street Railroad Spur Title Search. Borough Solicitor has indicated that the title search: is clean. Staff recommends if the purchase is approved, that itl be conditional upon obtaining an Agreement with Bellefonte Historical Railroad Society regarding any. joint uses and path connections to the spur. Consider a motion to purchase the spur from SEDA-COG. JRA with the tracks inj place for a cost of $18,932.00 or without the tracks inj place. Governor's Park Baseball Field signage. Motion/2nd. to place signage at thel Baseball field indicating finei if used without 2023 Paving update- Paving in the Borough is delayed until late September. FYI, no Council action is needed. Borough Permission. X. NEW BUSINESS Donald Townsend Volunteer Application for Civil Service Commission 6-year Alternate Vacancy. Motion/2nd. to appoint Bid Opening for South Spring Street Streetscape Project. Motion/2"d to allow staff to review, approve and select the Bellefonte Elementary School Municipal Notification of Planned Land Development for Chapter 102 Permit. FYI, no Donald Townsend to the Civil Service Commission as an alternate. lowest responsible bid. Council action is needed. XI. COUNCIL MEMBER COMMENIS/FOR THE GOOD OF THE ORDER Please try to limit all commentsrebuttals to three minutes maximum. XII. ADJOURNMENT The council meeting will be adjourned at or as close as possible to 9:00 PM The Council Code of Conduct and the 2023 List of Goals/action items will bei included with each Agenda. Page 48 of 140 3 7/28/23, 8:14AM Mail-Alyssa Doherty- Outlook Bellefonte Borough Council Packet August 7, 2023 FW: Drought Watch Remains in Place across Pennsylvania Ralph Stewart iewarebeleronepagon To:Alyssa Doherty achetybeleomepagor Fri7 7/28/2023 8:06AM Hi Alyssa, Thanks, Ralph Please put this notice on our website. Please add itt to our upcoming council meeting packet. Ralph W. Stewart, Borough Manager Borough of Bellefonte 236 West Lamb Street Bellefontel PA 16823 Phone: 814-355-1501 x214 BOROUGH OF HISTORIC Bellefonte From: Erik Ross ekemlronpodmancom Sent: Thursday, July 27,20231:16PM To:E Erik Ross eikemlionpodmancom Subject: Drought Watch Remains in Place across Pennsylvania FYI FOR IMMEDIATE RELEASE 07/27/2023 CONTACT: Deb Klenotic, DEP 717-787-1323 Drought Watch Remains in Place across Pennsylvania Groundwater levels remain low in many counties Harrisburg, PA Following a meeting oft the Commonwealth Drought Task Force today, the Pennsylvania Department of Environmental Protection (DEP) is maintaining as statewide drought watch. While notr required, residents and non-farm businesses are Precipitation over the last month has increased, and stream flows are responding. However, longer term precipitation deficits persist encouraged to voluntarily conserve water by reducing their nonessential water use. in many areas, and groundwater levels remain lowi ins some counties: Northwest: Clarion, Crawford, Elk, Forest, Mercer, Venango, and' Warren Central: Centre, Clinton, Cumberland, Franklin, Fulton, Huntingdon, Lancaster, Lebanon, Montour, Perry, and Union East: Lackawanna, Lehigh, and' Wayne Twenty-one public water suppliers are requesting or requiring water conservation in their communities. Residents and businesses are encouraged to reduce their nonessential water use. For example, ath home there are many simple ways to usel less water: Run the dishwasher and washing machine less often, and only withi full loads. Page 49of1 140 htpsloutlokofice.commaluinboxidAAGAGYAN.RINZNALWNNTMINDEAMCO4OWNETOMMGRY,In/wNwSgAGAHQdT2FEN42BhpSoxs,din.. 1/2 7/28/23, 8:14AM hair daily. Mail Alyssa Doherty- Outlook Don't let the faucet run while! brushing your teeth 9ha grawghogung FasasAwgHI7.2MAu Water your lawn onlyi if necessary. Avoid watering on windy and hot days. Watering grass lightly and efficiently will encourage healthier, deeper grass roots. Overwatering is wasteful, encourages fungal growth and disease, and results ins shallow, compacted When mowing yourl lawn, set the blades 2-3i inches high. Longer grass shades thes soil, improving moisture retention. Water your garden less often. If necessary, water only int the cooler evening or morning hours, and direct the water to the ground att the base of the plant. Focus on new plantings, which! have shallow root systems. Older plants may endure dry conditions Skip the car washing. Ify you have to wash your car, it's better environmentally to go to a drive-through car wash that recycles Check for and repair household leaks. Fore example, a leaking toilet can waste up to 200 gallons of water daily. Set up a rain barrelt tol be ready tor repurpose rain wheni ito doesf fall. For helpful information, see this Penn State Extension guide. Or just set out al bucket to capture wateri int the event of rain, and reuse itt to water plants or the bird bath. For more tips for residents as well as fact sheets on how businesses such as lawn care services, landscapers, hotels, and restaurants can reduce water use, see the U.S. Environmental Protection Agency_ Drought and WaterSense web page. Drought watch declarations aren't based on one indicator alone, such as rainfall. DEP assesses data on precipitation, stream and For a map of daily drought status anda a weekly list of public water suppliers thata are requesting or requiring water use reduction, see For a mapi that's updated daily to show the status of eachi indicator for each county, see the! USGS Pennsylvania drought condition Forr more information on! how DEP monitors conditions and makes drought status declarations, see the DEP drought management Dates of upcoming meetings of the Commonwealth Drought Task Force are posted on the DEP drought web page. root systems that are more: susceptible to drought. longer. the water. Sweep yours sidewalk, deck, or driveway, instead of hosing it off. river flow, groundwater level, and soil moisture and information from public water suppliers. the! DEP drought web page. monitoring. website. facts sheet. Erik A. Ross Senior Associate 2001 North 3rd Street Suite 1500 Harrisburg, PAI 17101 Phone: 717-232-5322 Cell: 717-574-3963 momlimnodmancen Milliron & Goodman Government Relations, LLC. Page 50of140 htpsloutlokofice.comlmaluinboxidAAQKAGYAN.RINZMALWANTMINDE4NDEAMCOAOWNETOWMGRYZhYwNNwygAOAHQAT22FEN2BhpSoxSjdin.. 2/2 Bellefonte Borough Council Packet August 7, 2023 Lynn and Cynthia Corman 153 Arbor Bluff Drive Pleasant Gap, PA 16823-9619 Bellefonte Borough Attn: Zoning Department 236 West Lamb Street Bellefonte, PA 16823 Dear Officers of the Zoning Department, We are writing in response to the proposed changes to the Centre Region Rental Code. After reviewing these changes, we believe they are too far reaching. This code was enacted to assure the condition of a rental property was safe for occupants. These changes go way beyond We, as owners of rental property ini this municipality DO NOT NEED these changes. We ask that you NOT make these changes that have nothing to do with the condition of the property. condition. We will keep abreast of the progress of this action. Thank you, Synaak Ayakilenea Lynn and Cynthia Corman 30AA0IS Koch SpuB92E oLs hucdistesu 489535001 AonsoLueps eor semsp PSAoRUR p go AA pucnos oL pG bsobsupas AAGSar MRENeKwN D 2 weuchgpe 3 MOL MEPOIPENICRA AASS2M 4a1 SOTONS 15 s0n106 2 URR S3 467.9918 0s 31 : 6S Page 51 of 140 09..991 Aiassce 6bwU Bellefonte Borough Council Packet August 7,2023 TEETER GROUP Personal & Commercial Insurance ALTOONA J JOHNSTOWN . MARTINSBURG July 18, 2023 Bellefonte Borough &/or Bellefonte Borough Municipal Authority 236 W. Lamb Street Bellefonte, PA 16823 RE: PA State Association of Boroughs (PSAB) Safety Group Dividend Check Dear Borough Council: Congratulations.. Teeter Group, Keystone Insurers Group, and EMC Insurance are excited to announce the 13th Consecutive year of paying a dividend in our Pennsylvania State Association of Boroughs (PSAB) Safety Group Dividend Program! The 22-23 program year is returning a 5.69% dividend. This program is offered exclusively by local independent Keystone Insurers Group The cumulative dividend payments for the past 13 years totals $4,797,657.26 an average dividend of 10.33% annuallyl!! Each year the dividend contributions are calculated using total earned premium with specific deductions, including totali incurred losses, for all insured's agents like Teeter Group. enrolled ini the program. Your dividend check is enclosed for $7,015.38. PSAB has exclusively endorsed our program since 2002 for Pennsylvania Boroughs and we appreciate your continued participation in our program!! Please like, follow and share a comment, testimonial or review on one of our social media platforms like Facebook @teetergroup, Instagram @teetergroup or Google Reviews. We would love to see how you are Thank you for your continued business! We appreciate the opportunity to continue serving you using your dividend to improve your local community! and your community! Sincerely, April E! Ressler, President s 3375 Lynnwood Drive, Altoona, PA 16602 104V W. Penn St, Martinsburg, PA 16662 1400 Eisenhower Blvd, Suite 102, Johnstown, PA 15904 800-724-9334 T 814-944-5900 F 814-944-4501 teet#988.F2061401 KEYSTONE (Trusted Choice" Bellefonte Borough Council Packet August 7, 2023 July25,2023 Shawn Weaver, Chief Bellefonte Police Department 236 W. Lamb Street Bellefonte, Pa. 16823 Chief Weaver, I'm writing to ask you to pass my sincerest thank you and gratitude to any of your officers who were involved with ani incident that occurred on. July 10th, 2023, on S. Allegheny Street in Bellefonte. Imust apologize because idon't know what officers were involved, Icant tell you their communications Thisi incident all started when an hour plus phone çall between John Englert and lended abruptly, andl was unable to re-establish any communication with him. At approximately 1800 hoursicalled the Centre County 911 Center to request a welfare check. Iwas told a police officer would be sent to check Ispoke with a police officer on at least 71 times throughout the evening and given the circumstances the While the outcome with. John was not what anyone wanted or expected, the fact that the officers working the incident were very professional with me each time we talked made things a bit less stressful Again, lapologize for not knowing who the officers were. None the less pleàse pass my sincerest thank : with me were veryprofessional throughout the incident. ont the situation. communications with the officer(s) were very professional. for me. 14 * you along to them for their compassion and professionalism. Sincerely, 7ARo Ed Mann (717)4 480-8847 (cell phone) mamneprowxdentinscon Officer Brower & Officer Luse were the responding Officers Page 53 of 140 Bellefonte- Borqugh Council Packet August 7, 2023 (pvsbosw) 2ax3Wil 1O .V 1 2oN groma 123N.ALLEGHENYST. DEMARTINO BELLEFONTE, PA 16823 23334V W hTe A 94444 24935 A2 v PROBLEMS WITI CROSSING THE STREET CAMENAS AT THE DIAMND SIGNAGE ANNOVNCING- THe CKOSSINC GUARDS LAW ANI 4E CAMENAS CAneras ARMED W IT44 14E - PoLicc PAESENCE (IMA-LR) (7-83-ul DURING RusH Hovrs - PLAEHENT OF CROSSING, VACA) GUAAnS DLAMONO - HIGH/N. SPRING BLSHOP (N. SPRNC- - HiGH dnJ WATER TALLEVAANO PARK (41G4 bytkRRtac) FARMERS MARKET SWITCA To SUNOAYS - PARKINC. Lor AFTERNOONS (Pe-wss) ON HWAAD St IPARKING ALLEY BEWIND WETZLENS ACKOSS Eor ON AL.ALGARNYST. FR GM 7HE LIBRRRY TALLEYRAND - TALEYRAND PARK PAnc BEHND SNO-CNES SHPPE IN +WE GREN SPpE Bx TI4E SATURPAS GATEBo -AROUN T4C FORNICOLA FOUNEAIN AREA PARKING LN EARLY EFOrE SNO-CONES UEN 814-404-6514 (cell) TAgLSROVALAU blyd0555@yahoo.com (OVE) HIRE . RUNNENS T EST Bellefonte, Borough Council GAOGEMES Packet 2-92Av) HAK A STANO To Sezk CARIS ON WACELS -Y CANT PLEASE UERY 601 732172 3-WT W,324.43 ATIWI 2M308337 DAAIG eT 7h 2aup4ab 5A14913 AO 34 pwA WAJ SN3 401406AB6 05A 2dSAVA 3141230.53 A3 ATINN pwAI soisotas poyoos PMRD 45 79,399.3 gsveil uz M3344 yno-y ZANAUP oysg A ) 18 - nw t n otp HOB) 9 adesha SDJAT oSA 2OMMPNA A01V2 aT NDTW2 Gunhoa) Lhewprn AAS) 12 OhaWr 1S 74 WeAS 120A 2u3574 awsE YaS GRASe 753 YNuRNSS SA 3 pASSDT 311443 2350 02 awsa D OM3TT SNTJ8 9092 wp nAS 0803A ACAVTAC A 1 250577 ASDHnE NI gausA M9 291449-42 3592 PVAANS A.234 MA 1J DAApA Page 55of140 GNyo) Bellefonte Borough Council Packet August 7, 2023 ( CATA Press Release For more information, contact: Sara Romage Phone: (814) 238-2282 ext. 5141 Date: July 28, 2023 Release date: July 28, 2023 CATA FALL 2023 Service Changes Effective Thursday, August 17 The Centre Area' Transportation Authority's (CATA's) Fall 2023 Full Service schedule will go into effect on Thursday, August 17,2023. Service changes effective on this date include: The combined Northwest and Southwest CATAGO! microtransit zones, now introduced as the Centre Area West microtransit zone, will service the areas of Park Forest, Science Park, Pine Grove Mills, some neighborhoods within State College Borough, and the vicinity. This zone will operate Monday through Thel Bellefonte/Pleasant Gap CATAGO! mocrotransit zone will expand by one hour on Saturdays until 8 Thel Boalsburg CATAGO! microtransit zone's s boundaries willl be changed to include the many medical The CATABUS XB route will transition to CATAGO! microtransit service, which can be used from the Bellefonte area to access the CATABUS College Avenue Connector route at the WalmartRos/Harbor Based on ridership studies, Penn State University has discontinued funding the Red Link service to Mount Nittany Medical Center and Innovation Park. In lieu of thel Red Link, Penn State will now be offering a weekday campus shuttle via their Beaver Avenue route that will serve. Mount Nittany Medical Center and Innovation Park. For more: information on Penn State University's plans, please visit pe/mgpatatonpitcd. CATAGO! microtransit service willl be available from 9a.m.-8 8p.m on Saturdays and from noon - 8j p.m. on Sundays with a direct link from Beaver. Avenue at Schlow Library/CATA Customer Service Center to Mount Nittany Medical Center. The CATARIDE fare will increase from $4.00 to $4.25. There willl be no changes to the current $2.20 For more information on Fall 2023 Full Service, please see CATA's website at htpsy/catabus.com/fal23-service- changes/ or contact CATA's customer Service Center at 814238.CATA229dming normal business hours. For more information on CATAGO! microtransit service, please visit www.catabus.comgo. Friday, 6:00: a.m. - 8:00 p.m. p.m. offices in Scenery Park. Freight stop with a free transfer. CATAGO! or CATABUS fares. #### Centre Area Transportation Authority . 2081 W. Whitehall Road . State College, PA 16801-2623 (814)238-CATA (2282) . Fax "Papessolio-- . cala@catabus.com Bellefonte Borough Council Packet August 7, 2023 rinity Rinited Methodist Church 128 W. Howard Street Bellefonte, PA1 16823 Phone (814): 355-9425 July 26, 2023 Bellefonte Borough Council Bellefonte Borough 236 W. Lamb Street Bellefonte, PA 16823 Dear Council Members, Ihave recently corresponded with Ralph Stewart and Gina Thompson and proposed a homeless emergency shelter for the property at our church at the corner of Spring and Howard Streets. Gina explained that first floor residential housing is not permitted in the Commercial District and, therefore, temporary housing structures would not be permitted. She also said there is currently no language in As I'm: surey you are aware, the homeless have no place to go in Bellefonte. As you may not be aware, Trinity Bellefonte has been providing lodging to homeless individuals in motels, B&Bs, Airbnbs and private homes fort the past few years. We'd like your help to provide a more accessible emergency facility. Please visit https://palletshelter.com/products/shelter-64 for information about the structures we are proposing. You will note that these are small, practical, movable structures. Many towns and cities are using structures like these to provide temporary: accommodations for homeless individuals. Please consider adding language to the Commercial zoning ordinances to allow this type oft temporary emergency shelter on the lawn of our church. We would also like to attend a council meeting to talk to Thank you for your timei in reviewing this information and your consideration of our request. your ordinances that addresses temporary housing. you personally and answer questions. Bel Blessed, Gpmlyboe Linda Mundy Boone Outreach Chairperson CC: Doug Conway Page 57 of 140 Bellefonte Borough Council Packet August 7, 2023 HISTORIC Belefonte Kst. 1795 SPECIAL EVENT PERMIT APPLICATION Applications for special events must be: submitted no less than sixty (60) days prior to the proposed event, or ninety (90) days prior ifthe event includes closure of State highways, to address below or emailed to: NOTE: Completed applications, including all supporting documentation, are required for final approval. Pending applications (submitted and under review) that are still considered incomplete ten (10) calendar days prior to the Itist understood that not all sections ofthis application form will apply to every Special Event Permit. Ifcertain sections are not applicable, please indicate N/A ini the space provided. You will be contacted ifadditional horo2beletontepagoy proposed event will automatically be denied. information is required. EVENT INFORMATION Name of Event/Type of Event (circle all that apply): Use of Park Closing of Public Streets Parade Foot Race Bicycle Race Other Description/Name of Event Bfllcfonte Cindarthe lights,Block Party Ond a separate sheet or in a letter, please provide a DETAILED narrative description of the event.. Attach copyo of program/brochure ifavailable. Sculpture Garden Event Location(s): IfTalleyrand Park, - Gazebo Side J Figure 8 Side Both Sides Date(s) ofE Event: OCb. 30, a023 Rain Date(s): OCb. 87 2023 Event Hours: LiCOen-400pm Set up Date/Hours: aa 2M OCHao Breakdown Hours: a PW 0C.o Approximate number of persons volunteeringor IfWalk/Race, Start/End times: Estimated Attendance: 500 oWL working the event: qaegerdig 30-000 bopanty limits ofafluy Organization Applying fort the Permit: Dowlown Bellerorte Inc. Iss sponsoring Organization a 501c3 non-profit charitable organization? XYes INo Organization Address: 221 W-Hignsh #1300 Belelove PA 1L0823 Email for contact person: KARZACdauauzikortr. Con Event Coordinator Name: CCM4Mko4 Event Coordinator Phone: 014546-7532 24/7 contact/Cell (contact during event): 42-401-0010 Municipal Building 2361 WI Lamb St Bellefonte, PA 16823 Tel:8 814-355-1501 Fax:814-353-2315 mpphelelpule, Page 580f140 TDD/TDY &Voice711 VIDDOMS7127241 An Equal opportunily Employer Bellefonte Borough Council Packet August 7, 2023 STRPBTLOTCLONURE Duration GP - 1Pm aPm-PM North Parking Lot (circle) Streets To Be Closed u)- Cherry Lane Perry Lae potchtick Closufeof Wes! Parking Lot (circle) Location ffrom/to) S-5pring St-S. Allegnenyst. w. Bisndpst. W-Cherlae WDOp payAVS Lpt BPM-IPM South Parking Lot (circle) Written description ofroule and/or, streets, alleys, andlor mnicipal parking lots 10 be closed (attach map). NOTE: IfaState Route is) proposed to be closed, Penn DOT Form TE-300 must bej filed with Penn DoT: Please print form from the Borough's website, sign ands submit with this application. Plans for notifing residents and businesses on streets 10 be closed: Attach a copy ofanyf per/commmication to be disseminated. Morlart Sdlon Dollatyenerab chaerwl, WfPle Shon Smolerslexpress, PcuwoouD MUSiC CAd CAW Vesiderls winl oe nohped llyourcventned? eraeditmgpppyanerals Itis understood by the Applicant/Sponsor that Police Assistance Medical Services Traffic control by Fire Police CRoad Signss (Electrical, Service Water Service Traffic cones or Barricades Street Sweeping Refise coleclion/Recycling Service Banner(s), mumberllocation. Please attach a completed. Borough Banner Application. Food & Drink) for sale? Hfyes, have you notified existing, food businesses within 150' of Event? Live atpame/mplleuten location and safe guards map ofsecure ared, attach documents Animals, Hyes, mumber/ lype Tent(s), Slage(s), or temporarys structure(s) Portable toilets andlor Hand Washing Stations Hfyes, Location, delivery, pick up? rowanaoe-so yoloveey Coswe signs F possilole Honqing qys secechcy Mooups wOVses Unsyineralechpatryclalecren WillYourE BventHave? cIeleqtialgppb-adprovtedes Businesses coitt oenorred nOF ercMFpmed as CFCpPNCAOM. Will alcoholic beverages be available? Wfyes, describe Alconol veydos Mcwve not Deenconrmed checking proofofage, PA LCB approval, etc. Please Poperaecoments will Lle Supomited Ta5tunlschuro, hsHo IgVis LoCahions to pe-deermined" Any request for Borough properly must be coordinated: through the Borough Staffio ensure availability. and appropriateness, for the requested event. A deposit fee may apply. The zise ofl Bellefonte. Borough employees, services and equipment is. subject to approval by Bellefonte Borough council. All employee time. should be incurred during normal hours. Any additional expenses incured can be charged lo the sponsor organization al the direction of Bellefonte Borough council apon approval of permil. Page 59 of 140 Bellefonte Borough Council Packet August 7, 2023 WaiverofLiability As the applicant for this event, I agree to abide by thet terms and conditions oft the Borough of Bellefonte and the conditions oft the approved application. Special Event Permit approval is limited to the approval for conducting not limited to, streets, alleys, public parking lots, park lands, and other public facilities as described and approved in the Special Event Permit. Iagree to be responsible for any damage tol Borough property and to replace any Borough Property lost or stolen as ar result oft this event. Ihave attached the required Certificate of Comprehensive General Liability Insurance in the amount of at least $Imillion for each occurrence and $2 million aggregate for property damage, which policy names thel Borough as an additional insured (contact any By Signing and submitting this Special Event Permit Application, sponsor agrees to indemnify, defend, and hold harmless the Borough of Bellefonte andi its employees, officers, and agents from and against any and all losses, costs (including, but not limited to, litigation and settlement costs and counsel fees), claims, suits, actions, damages, liability and expenses, occasioned wholly or inj part by the Sponsor's act or omission or negligence or fault oft the Sponsor's agents, subcontractors, suppliers, employees or servants in connection with the Permit, except for any claims, liability, demands, suits or losses arising from willful or grossly negligent acts ofthe Borough of Bellefonte, its elected and appointed officials, agents, employees, and authorized volunteers. Authorized Signer (Print): KtAleenypnsan GAE certain activities on public property, which includes, but is insurance provider to secure this policy). OMTTENGNANDDATE Name of Event Sponsor: Dpwntowy Belleone YC Title of Signer: COMmony an4ogmng Date Approval Date: With Conditions: Maruger Signed: August 72073 OFFICIAL USE ONLY Borough Staff Review Police Chief (or designee) Costs: Comments: Costs: Comments: Date Received Date Approved Public Works Director (or designee) Borough Manager (or designee) Costs (beyond application fee): Comments: Page 60 of 140 Bellefonte Borough Council Packet August 7, 2023 August 3, 2023 DOMNI - BELLEFONTE Dear Bellefonte Borough Council, Downtown Bellefonte Inc. recognizes how beloved the Bellefonte Under the Lights event has become to the community over thel last four years. That is why this year we: feel that it's important for us to continue tol host the Under the Lights event, even though the event willl look different from thej previous year's event that everyone knows and loves. At its core, it will still function as a DBI fundraiser with the AI major focus ofUnder the Lights has always been on the activation and usage of an underutilized part oft town. This worked well with previous Under the Lights at the watertront, and we recognize that by moving thel location of this year's event, we can bring a renewed focus to another part oft town. DBI would like tol host Under the Lights this year as a communal block party at the Spring Street Municipal Lot. There willl be: an entrance fee and a "pay as you go" model for guests toi interact with Bellefonte restaurants who will be serving food and ai number of members from the Central PATasting Trail serving their craft beverages. Guests will be encouraged to "bring your own tableware" and we will Attendees will be given a wrist band after paying and presenting proof of age to al RAMP certified volunteer. Beverage sales willl bel by the glass only and not bottles. Event boundaries willl be clearly We: are: requesting approval for the updated version of this event as outlined below for 2023. focus of promoting Bellefonte area businesses and community. partner with local businesses tol be on hand to sell plates to those who need them. marked with signs and alcohol will not bej permitted off-site. Bellefonte Under the Lights.) Block Party Fundraiser, for Downtotn Bellefonte Inc. instance where the event layout has changed. Date: Friday, October 20, 2023 Time: Event time: 6pm - 9pm on Friday; will Rain Date: Friday, October 27, 2023 We feel that it'si important for the community for us to maintain the Under the Lights event even in this start setting upa at noon on Friday and will have clean up completed by 11pm. Location: We request the following closures from 12 am 11 pm Friday, October 20, 2023. The complete closure oft thel Municipal Street South parking lot as the event venue. Closures ofboth W. Cherry Lane from S. Spring Street to S. Allegheny Street, andi Perry Lane from W. Bishop Street to W. Cherry Lane Page 61 of 140 Bellefonte Borough Council Packet August 7, 2023 will give the event more space: and al boundary provided by buildings. Affected businesses and the community willl be notified oft the DOMNIT BELLEFONTE properly closures in advance. Security: Perimeters willl be established on two sides with the two road closures and existing buildings. The other side (facing The Waffle shop) willl be established with vendor booths and volunteers tables, registration availability) to provide the utmost safety to our ticket-holders. tables willl be at the Spring Street entrances oft the parking lot. Please see the event mapi included ini this application. Like past years, we will work with the Police Department and Fire Police (based upon their Special event insurance has been secured with the Bellefonte Borough included as an additional party insured. Thank you for your consideration, Kathleen Ammon, Community and Programming Manager, Downtown Bellefonte Inc. Page 62 of 140 - Bellefonte Borough Council Packet PCMABRT 9, 2023 St S Aleglenys 6 a Perry perry Ln 5 - St SSpting 5 E Page 63of140 s Bellefonte Borough Council Packet August 7, 2023 BELLEFONTE BOROUGH COUNCIL Regular Meeting MEETING MINUTES July 17, 2023- 7:30 p.m. www.bellelonte.net 236 West Lamb Street, Bellefonte, Pennsylvania 16823 I.CALL TO ORDER The. July 17, 2023 meeting of the Bellefonte Borough Council was called to order at 7:30 p.m. II. PLEDGE OF ALLEGIANCE (followed by ai moment of silence) III. MEMBERS PRESENT Mr. Kent Bernier Mr. Randall Brachbill Ms. Deborah Cleeton Ms. Barbara Dann Mr. Douglas Johnson Ms. Shawna McKean (Zoom) Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey (Excused) Mayor Buddy Johnson (Excused) Mr. Ralph Stewart, Borough Manager Mr. Don Holderman, Assistant Borough Manager Mr. Shawn Weaver, Police Chief STAFF PRESENT Ms. Gina Thompson, Planning, Zoning & HARB Administrator VADDTTIONSTOTIE AGENDA Mr. Brachbill requested to add Approval of the Recommendations from the meeting with the Bellefonte Fire Department Executive Committee. This item will be added under New Business. Brachbill: motioned and Bernier. seconded: to approve adding the above item to the agenda under New Business. No discussion. Roll Call Vote. Mr. Brachbill abstained as he is part of the committee. Motion carried, and the item will be added to the meeting agenda. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay abstain yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay n/a V. PUBLICCOMMENT Agenda and Non-Agenda/General Items and Comments Vanessa Casio spoke regarding her organization, Safe Routes Partnership - a national organization working with communities to make it easier to bike and walk. This organization Page 64 of 140 Bellefonte Borough Council Packet August 7, 2023 Bellefonte Borough Council Meeting July 17,2023 Page 2 works tol help make community parks safer, more convenient, and accessible for people of all ages and abilities. Bellefonte is one of the 4 communities selected in 2023 to participate in the program. Kevin Raymond spoke regarding our local farmer's market. He is excited we have a farmer's market and he offered thoughts and suggestions to help improve the farmer's market. He feels the location is a challenge and suggested possibly moving the location of the market. Bill Shuey spoke regarding the Rental Housing Code Ordinance in the borough and the utility costs to the landlords. It was clarified that the issue he referenced was a misunderstanding and intended only to let potential renters know what they may expect in utility bills for a given rental Brian Witmer spoke regarding the Rental Housing Code Ordinance. He discussed several issues he did not agree with in the Code. He specifically cited Section 803.3 No 17. Council requested that this resident email Council with his concerns SO they can more closelyi review the information he presented. The resident specified items 1104.1 (Firearms), 1105.1 (Alarm System Permit), Chris Hench, the President of the Bellefonte Farmer's Market Association (BFMA), spoke regarding the Farmer's Market. He mentioned that the goal of the BFMA is to bring a nice, Producer Only Market to the area. They continue to look for a suitable and safe location for the The 2 parks selected are Talleyrand Park and Masullo Park. property. He listed several other issues he took exception with. 803.3/17, 101.6, 101.3 (Health and Safety). market. VLCOMMUNICATIONS Community Mental Wellness and Resilience Act of 2023 Flyer. No Council action requested. Proposed detours regarding the courthouse retaining wall project. If Council members have comments, please let the Borough Managers know by' Thursday, July 20, 2023, No Council action requested. VII. CONSENT AGENDA Consent Agenda includes the following items: 1. General 2. Finance Council Meeting Minutes July 5, 2023 Stover McGlaughlin Invoice June 2023 Brachbill motioned and Dann seconded to approve the Consent Agenda. No discussion. Roll Call Vote. Motion carried. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Page 650 of 140 Bellefonte Borough Council Packet August 7, 2023 Bellefonte Borough Council Meeting July 17,2023 Page 3 VIII. REPORTS Police - Chief Weaver withi is 7:00 am. Chief submitted a report and asked if any members had questions. He also mentioned the safety study on Potter Street. He said they pinpointed the time of day when most speeding issues occur Office of Community Affairs (OCA)/Historical and Architectural Review Board (HARB) Items ofi interest: Ms. Thompson reminded Council about the Safe Routes program meetings. She strongly encouraged Council to be active participants in the program. Liaison Reports (Reports were submitted) Nuisance Codes The new. Nuisance Code Enforcement Officer, John Cabibbo, jcabibbo@belletontepa.gov), introduced himself and gave a short report. Borough Manager (Report Submitted) Assistant Borough Manager (Report Submitted) IX. CURRENT and OLDBUSINESS Vehicles and Traffic Parking Ordinance Bernier motioned and Dann seconded to approve the Vehicles and Traffic Parking Ordinance draft as presented. Discussion included clarification of the hours of the meters. A member suggested changing the hours ofthei meters from 8:00 am - 8:00 pm to 9:00 am-6:30 pm. There Mr. Brachbill motioned to change the hours of the meters. There was no second sO the motion was discussion regarding why the hours of the meters were changed. failed. Roll Call votej for the original motion. Motion carried with on Nay vote. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay no yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Rental Housing Code Ordinance. nos second to approve. carried. Cleeton motioned to approve the Rental Housing Code Ordinance draft as presented. There was Brachbill motioned to table this approval pending. further review. Cleeton seconded. Motion Page 66 of1 140 Bellefonte Borough Council Packet August 7, 2023 Bellefonte Borough Council Meeting July 17,2023 Page 4 Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson by Eminent Domain. yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Railroad Street Bridge Project - ROW Resolution No. 07172023-01 and Declaration of Taking Bernier motioned and Brachbill seconded to approve the Railroad Street ROW Resolution for Condemnation of Real Property Resolution No. 07172023-01, and to approve the Declaration ofTaking by Eminent Domain. Discussion included clarification of the location. Roll Call Vote. Motion carried. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Traffic Signal Maintenance Agreement Resolution No. 07172023-02. Brachbill motioned and Dann seconded to approve the Traffic Signal Maintenance Agreement Resolution No. 07172023-02. Discussion included clarification ofwhich lights were included in the resolution. It was clarified that it includes lights on Allegneny/BIshoP, Wilson/Bishop and Linn/Allegheny Streets. Roll Call Vote. Motion carried. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Petition to vacate a portion of West Lamb Street Public Hearing is scheduled for the August 21st, 2023 Business Meeting, during the work session. It was clarified that the hearing will discuss parking in that area. No Council action requested. X. NEW BUSINESS Request for Street Closure: S. Potter Street from CVS to JJ Powell on August 27th, 2023 1:00 pm- Cleeton motioned. and Dann seconded to approve the closure of fS. Potter Street from CVStoJJ Powell on August 27th, 2023, 1:00 pm-4:00 pm for the Safe Routes Community Event. Discussion included. Mr. Stewart clarifying the approval is conditional on the actual location of the detour, which will be determined closer to the event. It was also clarified that the Water Street repair/detour should be completed before this date and should not impact the closure/detour. A concern was raised regarding the residents at the end of Potter Street being 4:00 pm for a Safe Routes Community Event. Page 67 of 140 Bellefonte Borough Council Packet August 7, 2023 Bellefonte Borough Council Meeting July 17,2023 Page 5 able to access their residences during the closure. It was clarified the closure would be open to "local traffic only". Roll Call Vote. Motion carried. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Farmer's Market request to move from Gamble Mill Parking lot to either Howard Street between Allegheny St and Locust Lane or the Annex side of Talleyrand Park (Figure 8) every Saturday Bernier motioned and Cleeton seconded to approve the closure of Howard Street between Allegheny St and Locust Lane on Saturdays 9:00 am-1:00 pm. from May-October. A council member expressed concern about closing Howard Street, she noted that the drive-up customers for the First National Bank would be impacted 6 months out of the year. She suggested an alternative location. She also mentioned 2 community groups use that areaj for summer events Brachbill motionedand Dann seconded: to table this item pemdinguntlerdscusion and review. from May-October 9:00 am-1:00 pm. and their events could also be impacted. Roll Call Vote. Motion to table carried. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Request for Street Closure: Smith + Front requesting to close Dunlap Street on November 25th, Brachbill motioned. and Purnell. seconded to approve road closure request for Dunlap Street on November 25th 11:00 am- 4:00 pm and December 9th & 10th 10:00 am-4:00, pmj for Vendors. Roll Call Vote. Discussion included clarification of the location. It was clarified that the closure is closer to the Gamble Mill, not High Street. It's the parking lot inj front ofthe Gamble Mill. Brachbill. motioned and. Purnell seconded: to amend thei motion toi make the approval conditional pending agreement by both the building and restaurant owner. Amended: motion carried. 11:00 am- 4:00 pm and December 9th & 10th 10:00 am-4:00 pm for Vendors. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A Approval of the Recommendations from the meeting with the Bellefonte Fire Department Executive Committee, Actions 1 and 2. Page 68 of140 Bellefonte Borough Council Packet August 7, 2023 Bellefonte Borough Council Meeting July 17,2023 Page 6 Action 1: The consensus of the Bellefonte Fire Department Executive Committee is to have Chief Lohr appoint Logan Chief Bobby Salvanish, and Undine Chief Mark Rudella to work together during the period of. July 17, 2023, to. July 1, 2024, and have the authority to approve and sign invoices for payment as finance director. Action 2: Tim Schreffler and John Hart will review the qualifications for the Bellefonte Fire Chief and report back to the Bellefonte Fire Department Executive Committee during the period ofJuly 17, 2023, to. July 1, 2024, and BFDEC will do a review of Chapter 35. Brachbill motioned and Dann seconded to approve the recommendations from the meeting by the Bellefonte Fire Department Executive Committee. Discussion included clarification that the motion is basically giving power to the leaders to perform legal action on behalf of the Fire Department. Roll Call Vote. Motion carried. Mr. Kent Bernier Mr. Randy Brachbill Ms. Deb Cleeton Ms. Barbara Dann Mr. Doug Johnson yay yay yay yay yay Ms. Shawna McKean Ms. Rita Purnell Ms. Johanna Sedgwick Ms. Joanne Tosti-Vasey yay yay yay N/A XI. COUNCIL COMMENTS FOR THE GOOD OFTHE ORDER Members may offer comments regarding various events and issues within the Borough. Mr. Bernier offered a trivia question. What is the nickname for the state of Nevada is. It is the "Silver State". The Capital ofNevada is Carson City. It was clarified that the questions should be PA trivia. @ (Mental note for next time, Kent.) Mr. Holderman is happy tol be at the meeting tonight. 2023 from 7:00 pm-8:30 pm in Council Chambers. Mr. Brachbill mentioned the meeting of Spring Creek Watershed meeting will be held July 18, Ms. Cleeton asked if there is aj projected start date for the Courthouse project. It was clarified that Ms. Purnell encouraged residents and council members to see the movie "Sound ofl Freedom". no start date has been announced. NI-ADJOURNMENT Meeting adjourned at 8:30 p.m. Page 69 of 140 Bellefonte Borough Council Packet August 7, 2023 M D 3 o e - 3 9 oE 2 N ) o 2 0o 1 2 - D ) 01 3 0 Page 70 of 140 Bellefonte Borough Council Packet August 7, 2023 Stover McGlaughlin Attorneys & Counselors at Law Bellefonte 122 East High Street Bellefonte, PA 16823 T:814 3558235 F:8143551304 State College 9191 University Drive State College, PA 16801 T:814 231 1850 F:814: 231 1860 Please remit payment to. Bellefonte Office July 15, 2023 Bellefonte Borough clo Ralph Stewart, Borough Manager Municipal Bldg. 236 W. Lamb Street Bellefonte, PA 16823 Solicitor ACCOUNT NO. 12637.001 A INVOICENO. 165376 JWS Fees through 07/15/2023 HOURS 0.50 2.00 0.20 0.20 0.50 1.80 06/16/2023 Telephone conference with Ralph, et al. re: Weis; Emails with Attorney 06/20/2023 Emails with Ralph; Legal research re: nonconforming registration; Gaines Appear for Executive Session; Letter tol Lucas 06/26/2023 Emails re: Weis Markets 06/27/2023 Emails with Attorney Gaines re: discovery, etc. 06/28/2023 Review. Ambrose Heinz letter; Review Gaines Letter; Email to Ralph; 07/05/2023 Emails with Ralph Stewart; Review Seda-Cog Agreement; review Telephone call from Heinz Seda-COG Deed; Appear for executive session Pleasel Detach and Return' This Portion With Your Remittance Please Charge $ Visa Cardl Number Card Holder Signature ont the following: MasterCard Amount Remitted: Check No.: Statement Date: Statement No. Account No. Discover 07/15/2023 165376 12637.001 Exp. Date (required) Page71of140 Bellefonte Page: 2 165376 Bellefonte Borough Solicitor Borough Council Packet August 7, 2991915,2023 ACCOUNT NO: 12637-001A INVOICE NO. HOURS 0.50 0.20 0.30 0.60 0.60 7.40 07/06/2023 Emails with Ralph Stewart; Order title search; Emails to Gina and 07/07/2023 Emails with R. Stewart and Attorney Heinz and Attorney Larrabee 07/10/2023 Telephone call from AttomeyLeyandoski; Email to Ralph and Don 07/11/2023 Email and telephone conference with Don; Telephone call from Attorney. Heinz Attorney Dupuis; Email to Attorney Levandoski FOR CURRENT SERVICES RENDERED 07/13/2023 Emails; Review documents ini re: Railroad Street Declaration ofTaking 1,369.00 RECAPITULATION RATE $185.00 HOURS 7.40 TOTAL $1,369.00 TOTAL CURRENT CHARGES THROUGH 07/15/2023 1,369.00 $666.00 $2,035.00 PRIOR MONTH BALANCE TOTAL BALANCE DUE PAST DUE AMOUNTS 61-90 0.00 0-30 2,035.00 31-60 0.00 91-120 0.00 121-180 0.00 181+ 0.00 WE NOW ACCEPT PAYPAL. PAYMENTS CAN BE SENT TO INFOQNITTANYLAW.COM PAYMENTS RECEIVED AFTER THE STATEMENT DATE WILL BE REFLECTED ON NEXT MONTH'S STATEMENT Page 720f140 Bellefonte Borough Council Packet August 7, 2023 88888 80 80 0 N o 600 8 38888888889888888 0000 Page 73 of 140 Bellefonte Borough Council Packet August 7, 2023 2 888888 38888888888888885 0ou Page 74 of 140 Bellefonte Borough Council Packet August 7, 2023 8888888 88888885 00 Page 75 of 140 Bellefonte Borough Council Packet August 7, 2023 8888888888888888888 8898 3 88 5 Page 76 of 140 Bellefonte Borough Council Packet August 7, 2023 5 8888888888888888888888888 60 81 C o Page 77 of 140 Bellefonte Borough Council Packet August 7, 2023 8888888 8888 Page 78 of 140 Bellefonte Borough Council Packet August 7, 2023 88888888888888 8888888888 866 e EEBBBBBBF888888 86880 00 888868888 N C Page 79 of 140 Bellefonte Borough Council Packet August 7, 2023 00 o0 0 388888888 80 Page 80 of 140 Bellefonte Borough Council Packet August 7, 2023 0080 8888888 6%85 600 Page 81 of 140 Bellefonte Borough Council Packet August 7, 2023 50880 0 388988588888888 L 005 $ 8 Page 82 of 140 Bellefonte Borough Council Packet August 7, 2023 3 888880 000 R 88880 000! + 6 5 Page 83 of 140 Bellefonte Borough Council Packet August 7, 2023 9 %888 00 Page 84 of 140 Bellefonte Borough Council Packet August 7, 2023 C Page 85 of 140 Bellefonte Borough Council Packet August 7, 2023 00 00 / Page 86 of 140 Bellefonte Borough Council Packet Augus7, 2023 60 Page 87 of 140 Bellefonte Borough Council Packet August 7, 2023 0%e Page 88 of 140 Bellefonte Borough Council Packet August 7, 2023 0 Page 89 of 140 Bellefonte Borough Council Packet August 7, 2023 Page 90 of 140 Bellefonte Borough Council Packet August 7, 2023 388888888 Page 91 of 140 Bellefonte Borough Council Packet August 7, 2023 600 o 8888808 00 C 080 86 %8u 60 Page 92 of 140 Bellefonte Borough Council Packet August 7, 2023 o0 3888888 388888888 8888888 0 5 008 00 N 5 Page 93 of 140 Bellefonte Borough Council Packet 7, 2023 2 August 60 a 38888888 % 3 o 0000 600 888888888 000 Page 94 of 140 Bellefonte Borough Council Packet August 7, 2023 Page 950 of140 Bellefonte Borough Council Packet August 7, 2023 000 oor 0 Page 96 of 140 Bellefonte Borough Council Packet August 7, 2023 - S Page 97 of 140 Bellefonte Borough Council Packet August 7, 2023 3888888888 81 0 0o06oc6dGd o 0 888 N 38888888 f 7 88888 60 0 00 R855 6 3888888888 81 So6666d6od o 0 Page 98 of 140 Bellefonte Borgugh Council Packet August 7, 2023 888848 d0 00 6 Page 99 of 140 Bellefonte Borough Council Packet August 7, 2023 Budget VS Actual Summary June 2023 Percentage Percentage Received 69.33% 78.83% 26.91% 65.87% 82.86% 52.47% 45.87% 38.49% 148.41% 57.94% 95.29% 58.86% 9.02% 2022 Actual $60,583 2023 Budget $70,595 YTD Prior Year 68.19% 45.61% 41.59% 56.85% 85.63% 43.40% 45.49% 50.62% 15.83% 45.70% 96.27% 48.39% 276.51% Revenue General Streetlighting Fire Department Fire Equipment Parks & Recreation Water Sewer Refuse Special Projects Liquid Fuels EMS Capital Projects Bulk' Water TOTAL Received Year to Date $55,649 $74,455 $859,898 $3,781,193 $3,400,420 $2,357,579 $266,624 $422,225 $113,604 $105,792 $113,030 $125,556 $132,205 $109,544 $1,749,645 $1,638,895 $3,296,241 $3,749,495 $1,719,738 $1,149,762 $1,603,175 $617,002 $1,171,056 $2,264,905 $3,361,391 $169,060 $301,750 $174,831 $297,712 $284,730 $167,582 $1,240,102 $631,895 $13,438,430 $14,637,635 $9,691,418 $25,102 $24,315 $23,169 $56,976 Percentage Percentage Expended 2022 Actual $56,359 $135,150 $130,550 $3,218 $2,571 $8,784 $506,540 $511,400 $255,544 $1,477,126 $1,466,265 $726,467 $2,283 $156,865 $157,895 $4,141 $34,434 $718,741 $755,970 $328,721 $230,188 $116,590 $17,271 $117,500 $117,500 $3,471,172 $3,400,420 $1,549,842 2023 Budget $51,550 $4,065 $2,790 $9,310 $3,385 $13,225 $43,335 $16,590 YTD Prior Year 50.51% 50.42% 38.88% 67.43% 80.86% 45.94% 53.25% 15.46% 57.78% 17.98% 58.91% 38.09% 28.24% 11.39% 87.23% Expense General Council Executive Mayor Treasurer R/E Tax Coll General Gov't Police Crossing Guards Parking Enforce Codes Planning/Zoning Streets Other HARB Transfers Out Total General Fund Expended Year to Date $18,878 $65,589 $1,857 $1,763 $6,747 $1,653 $68,150 $1,176 $18,584 $48,973 $5,739 $0 36.62% 50.24% 45.69% 63.20% 72.47% 49.97% 49.55% 48.85% 43.16% 8.89% 42.89% 43.48% 42.00% 34.59% 0.00% Page 100of140 Bellefonte Borough Council Packet August 7, 2023 Percentage Percentage Expended 38.49% 22.84% 56.88% 35.90% 44.59% 32.51% 32.83% 46.73% 0.46% 30.34% 0.00% 43.40% 2022 Actual $79,154 $250,307 $422,225 $106,209 $113,030 $133,964 $132,205 $1,015,734 $1,638,895 $730,774 $3,348,509 $3,749,495 $1,219,113 $916,550 $1,603,175 $526,363 $1,160,530 $2,264,905 $1,058,302 $223,474 $301,750 $25,704 $192,648 $284,730 $702,172 $631,895 $274,241 $11,626,127 $14,637,635 $5,602,766 2023 Budget $70,595 YTD Expended Yeari to Date $27,170 $96,423 $64,296 $47,467 Prior Year 17.88% 26.16% 45.98% 38.96% 39.71% 33.12% 40.64% 7.96% 8.24% 0.00% 21.36% 156.90% Expense Streetlighting Fire Department Fire Equipment Parks & Recreation Water Sewer Refuse Special Projects Liquid Fuels EMS Capital Projects Bulk Water $1,399 $7,378 $0 $24,315 TOTAL Page 101 of1 140 Bellefonte Borough Council Packet August 7, 2023 Treasurer's Report 2023 Month- June % Received 69.3% 78.8% 26.9% 65.9% 82.9% 52.5% 45.9% 38.5% 148.4% 57.9% 58.9% 9.0% 1.0% 66.1% Account General Streetlighting Fire Department Fire Equipment Parks Water Sanitation Refuse Special Projects Liquid Fuels Capital Projects Bulk Water Sales EMS Total Budgeted Receipts 3,400,420 70,595 422,225 113,030 132,205 1,638,895 3,749,495 1,603,175 2,264,905 301,750 284,730 631,895 24,315 14,637,635 Receipts To Date 2,357,579 55,649 113,604 74,455 109,544 859,898 1,719,738 617,002 3,361,391 174,831 167,582 56,976 232 9,668,481 Budgeted Expenses 3,400,420! 70,595 422,225 113,0301 132,205 1,638,895 3,749,495 1,603,175 2,264,905 301,750 284,730 631,895] 24,315 14,637,635 Expenses ToDate 1,549,842; 27,170 96,423 64,296 47,467 730,774 1,219,113 526,363 1,058,302 1,399 01 274,241 7,378 5,602,766 % Spent 45.6% 38.5% 22.8% 56.9% 35.9% 44.6% 32.5% 32.8% 46.7% 0.5% 0.0% 43.4% 30.3% 38.3% Above figures are computer generated Beg of Month 2,154,590 26,637 209,630 277,332 143,925 129,060 1,415,191 285,202 475,756 1,815 3,096,776 20,984 8,236,897 Receipts 171,439 86 866 3,022 520 2,662 177,353 503,764 171,815 40,241 10,137 1,081,907 Expenses 280,335 0 943 18,265 24,700 19,215 116,424. 291,405 129,865! 0 0 13,9071 895,060 End of Month 2,045,695 26,722 209,553 262,088 119,745 112,508 1,476,120 497,561 517,706 1,816 3,137,017 17,213 8,423,744 General Act13 Streetlighting Fire Department Fire Equipment Parks Water Sanitation Refuse Special Projects Capital Projects Danone Water Total Above figures are from Bank Statements Differences due to timing, outstanding checks, etc. Page 102 of140 Bellefonte Borough Council Packet August 7, 2023 Jnv SUMMARY OF CHECKS PAID IN JUNE 2023 CHECK NUMBERS 29556-29630, 1026-1028 FUND GENERAL STREETLIGHTING BELLEFONTE FIRE DEPT FIRE EQUIPMENT PARKS & RECREATION WATER SANITATION REFUSE SPECIAL PROJECTS LIQUID FUELS EMS FUND CAPITAL PROJECTS 301 N SPRING ST BULK WATER AMOUNT $280,451.39 $942.84 $18,532.92 $22,622.18 $20,528.92 $118,696.21 $297,308.72 $130,316.56 $4,207.08 $0.00 $7,377.57 $0.00 $7,181.69 $28,946.75 $937.112.83 2759-2761 1438 2934-2940 13701-13717 15375-153402 5315-5327 1014, 1015-1016, 150 161-167 721-723 Total: Page 103of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 2:43 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 01 GF CHECKING- - NW Page: 1 Check 0999195 0999208 0999209 0029587 0999200 0029586 0999184 0999186 TRANSFER 0999198 0999205 AUTO 0999202 0999204 0999203 0999206 0029588 TRANSFER 0029589 0029590 0029591 TRANSFER 0029592 0999193 0999199 0999211 TRANSFER 0999207 0999210 0029594 0029593 0029595 0999212 0999194 0029596 0029599 0029603 0029601 0029597 0029602 0029600 0029598 0999220 0029606 0029604 0999218 0999224 0999221 0029605 0999222 0999229 0999226 0999225 0999227 0999244 0029608 0029609 Date Vendor/ /D Description 6/01/2023 COLUMBIA GAS 6/01/2023 COLUMBIA GAS 6/01/2023 COLUMBIA GAS 6/01/2023 JJ POWELL FUEL MANAGEMENT 6/01/2023 AT&T MOBILITY 6/01/2023 JOHN LUCKOVICH 6/02/2023 LINK COMPUTER CORP 6/02/2023 LINK COMPUTER CORP 6/02/2023 PAYROLL FUND 6/02/2023 GROFF TRACTOR & EQUIPMENT, INC 6/05/2023 GROFF TRACTOR & EQUIPMENT, INC 6/05/2023 BMO 6/05/2023 QUILL 6/05/2023 LINK COMPUTER CORP 6/05/2023 NAPA AUTO PARTS 6/05/2023 CAPITAL ONE 6/06/2023 LEAH A. GUIZAR 6/06/2023 WATER FUND 6/06/2023 THE HARTFORD 6/06/2023 THE HARTFORD 6/06/2023 THE HARTFORD 6/07/2023 PAYROLL FUND 6/07/2023 PAMP 6/08/2023 SIGNAL CONTROL PRODUCTS INC 6/08/2023 BRADCO SUPPLY CO 6/08/2023 GREATAMERICA FINANCIAL SVCS 6/08/2023 FIRE DEPT FUND 6/08/2023 SEALMASTER HILLSVILLE 6/09/2023 TRIANGLE BUILDING SUPPLIES & SERV, INC 6/09/2023 KUHARCHIK CONSTRUCTION 6/09/2023 PROWELD 6/09/2023 GINA THOMPSON 6/09/2023 QUILL 6/09/2023 LINK COMPUTER CORP 6/09/2023 KASANDRA BOTTI, DO, FACEP 6/12/2023 HITE COMPANY 6/12/2023 BELLEFONTE BOROUGH 6/12/2023 DONALD HOLDERMAN 6/12/2023 ENCOVA INSURANCE 6/12/2023 STOVER MCGLAUGHLIN 6/12/2023 JULIE BROOKS 6/12/2023 GOFLEET CORPORATION 6/13/2023 LEAF 6/13/2023 RALPH STEWART 6/13/2023 GINA THOMPSON 6/13/2023 COMCAST 6/13/2023 COMCAST 6/13/2023 MUNICIPAL EMPLOYERS INSURANCE TRUST 6/13/2023 PA STATE MAYORS ASSOC 6/14/2023 TRACTOR SUPPLYCO 6/16/2023 QUILL 6/16/2023 NAPA AUTO PARTS 6/16/2023 LINK COMPUTER CORP 6/16/2023 CLARK AUTO EQUIPMENT 6/16/2023 COMCAST 6/16/2023 FNB COMMERCIAL CREDIT CARD 6/16/2023 BERMAN TRUCK GROUP Check I Payment 42.35 450.00 450.17 4,420.87 160.92 50.00 175.00 1,095.00 1.48 1,330.30 302.40 704.00 162.54 1,431.00 112.49 23.17 345.00 9.24 84.46 246.37 281.92 69,756.94 641.00 146.40 252.00 125.61 142.00 5,186.80 51.78 6,628.48 427.00 1,674.54 118.47 316.26 250.00 142.00 15.65 927.33 280.00 740.00 508.38 420.57 147.39 108.50 1,674.54 10.62 229.53 217.00 30.00 179.99 59.48 113.96 3,175.00 250.00 119.94 4,799.17 11.22 Page 104 of140 Bellefonte Borough Council Packet August 7,2023 Run: 7/10/2023 at 2:43 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 01 GF CHECKING - NW Page: 2 Check 0029607 0999228 0999219 0999235 0999236 0029615 0029612 0029610 0029613 0029611 0029614 0999239 0999232 0999233 TRANSFER 0999238 0999230 0999241 0029616 0999234 0999217 0999231 0999249 0999242 0999246 0999250 0999252 0999248 0999223 0029617 0029618 0029621 0029619 0999213 0029620 0029627 0029626 0029622 0029623 0029624 0029628 0999214 0029625 0999216 0999215 TRANSFER TRANSFER 0999254 0999237 0999253 0999243 0029629 0029630 Date Vendor /D Description 6/16/2023 B.R. MILAZZO 6/16/2023 STATE COLLEGE FORD LINCOLN INC 6/16/2023 WEST PENN POWER 6/16/2023 WEST PENN POWER 6/16/2023 WESTI PENN POWER 6/19/2023 UNITED STATES TREASURY 6/19/2023 HIGHMARK BLUE SH 6/19/2023 BARBARA DANN 6/19/2023 HIGHMARK BLUE SHIELD 6/19/2023 PAI MUNICIPAL HEALTH INSURANCE COOP 6/19/2023 TRANS ASSOCIATES ENGINEERING CONS INC 6/20/2023 SAFEGUARD BUSINESS SYSTEMS 6/20/2023 WEST PENNI POWER 6/20/2023 WEST PENNI POWER 6/21/2023 PAYROLL FUND 6/21/2023 QUILL 6/21/2023 M&M COPY SERVICE 6/21/2023 CLARK AUTO EQUIPMENT 6/22/2023 ALVIN YODER 6/22/2023 GROVE PRINTING, INC 6/22/2023 EASTERN ELEVATOR SERVICE & SALES 6/22/2023 STAPLES CREDIT PLAN 6/23/2023 COMCAST 6/23/2023 U.S. BANK EQUIPMENT FINANCE 6/26/2023 WEST PENN POWER 6/26/2023 STATE COLLEGE FORD LINCOLN INC 6/26/2023 LINDE GAS & EQUIPMENT 6/26/2023 DOCEO OFFICE SOLUTIONS LLC 6/27/2023 COLUMN SOFTWARE, PBC 6/27/2023 HIGHMARK BLUE SHIE 6/28/2023 ALYSSA DOHERTY 6/28/2023 MARK BROOKS 6/28/2023 GABRIELLE VARDZEL 6/28/2023 FRED & YVONNE SMITH 6/28/2023 ROBI HERSCHELL 6/28/2023 DONALD HOLDERMAN 6/28/2023 SHAWN WEAVER 6/28/2023 SCOTT HOMAN 6/28/2023 LORI MCGOWAN 6/28/2023 JASON OSTROSKIE 6/28/2023 RALPH STEWART 6/28/2023 THOMAS THAL & CYNTHIA TRESSLER 6/28/2023 WILLIAM WITMER III 6/28/2023 DARREL & NORMA ZACCAGNI 6/28/2023 LESTER & MARIE MCCLELLAN 6/28/2023 PARKS AND RECREATION FUND 6/29/2023 PAYROLL FUND 6/29/2023 NAPA AUTO PARTS 6/29/2023 PORT'S SPORTS EMPORIUM 6/29/2023 BRADCO: SUPPLYCO 6/29/2023 CAMPBELI, DURRANT P.C. 6/29/2023 DOCEO OFFICE SOLUTIONS LLC 6/30/2023 SHAWN WEAVER Check / Payment 1,000.00 201.34 10.08 299.03 129.80 118.82 123.35 893.57 9,567.45 42,318.00 1,460.00 182.59 10.21 10.09 87,077.93 16.99 21.80 5,799.99 105.25 131.94 119.54 149.97 139.90 198.00 45.93 633.56 74.67 286.48 24.86 1,092.00 120.00 120.00 120.00 139.40 120.00 120.00 120.00 120.00 120.00 120.00 120.00 289.80 120.00 329.80 307.80 50.00 219.38 130.23 405.19 88.20 769.91 150.00 179.99 268,379.07 Total Checks: Page 105of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 2:24 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 01 GF PARKING METER CC CKG-F FNB#002 Page: 1 Check FEE FEE Date Vendor/ /D Description 6/01/2023 HEARTLAND PAYMENT SYSTEMS 6/05/2023 FRST BKI MRCH SVC DISCOUNT Check I Payment 604.07 60.58 664.65 Total Checks: Page 106 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 2:14 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 01 GF PARK LOT CREDIT CARD ACCT-NW #4260 Page: 1 Check 0001026 0995097 FEE 0001027 0995102 0001028 0995098 0995099 0995101 0995100 0995103 0995104 Date Vendor /D Description 6/01/2023 JJ POWELL FUEL MANAGEMENT 6/02/2023 LINK COMPUTER CORP 6/05/2023 MERCHANT BANK CD DISCOUNT 6/07/2023 PAMP 6/16/2023 WESTI PENNI POWER 6/19/2023 UNITED STATES TREASURY 6/21/2023 FIRST DATA 6/21/2023 IPS GROUP 6/22/2023 DUNCAN PARKING TECHNOLOGIES 6/22/2023 T2 SYSTEMS, INC 6/22/2023 T2 SYSTEMS, INC 6/30/2023 LINK COMPUTER CORP Check / Payment 11.73 21.00 500.07 88.00 94.71 7.45 190.16 324.00 1,687.50 193.43 8,208.12 21.00 11,347.17 Total Checks: Page 107 of 140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 3:18 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 01 GF PARKING METER-FNB #0817 Page: 1 Check FEE Date Vendor/D Description 6/30/2023 FIRSTI NATIONAL BANK Check / Payment 60.50 60.50 Total Checks: 0.00 * 2681379-07 * 664-65 + 11:347-17 + 60-50 + 280-451-39 * Page 108 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/13/2023 at 8:29 AM Borough of Bellefonte Check Registerfrom 6/01/2023 to 6/30/2023 02SL CHECKING - NW Page: 1 Check 0996281 0996286 0996291 0996296 0996297 0996287 0996288 0996289 0996290 0996292 0996293 0996298 0996299 0996300 0996301 Date Vendor / Description 6/05/2023 WEST PENN POWER 6/15/2023 WEST PENN POWER 6/16/2023 WEST PENN POWER 6/16/2023 WEST PENN POWER 6/16/2023 WEST PENN POWER 6/20/2023 WEST PENN POWER 6/20/2023 WEST PENN POWER 6/20/2023 WEST PENN POWER 6/20/2023 WEST PENN POWER 6/20/2023 WEST PENN POWER 6/20/2023 WEST PENN POWER 6/20/2023 SAFEGUARD BUSINESS SYSTEMS 6/26/2023 WEST PENN POWER 6/26/2023 WEST PENN POWER 6/26/2023 WEST PENN POWER Check /P Payment 25.48 18.26 299.02 98.04 67.32 57.81 16.07 58.14 18.71 11.91 17.56 90.58 100.83 11.64 51.47 942.84 Total Checks: Page 109of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/06/2023 at 12:36 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 03FD CHECKING- NW Page: 1 Check 0002759 0995624 0995626 0995627 TRANSFER 0995625 0002760 0995628 0995629 0995630 0002761 0995634 0995631 0995632 0995633 Date Vendor /D Description 6/01/2023 JJ POWELL FUEL MANAGEMENT 6/01/2023 LINK COMPUTER CORP 6/05/2023 LINK COMPUTER CORP 6/07/2023 M&M COPY SERVICE 6/07/2023 PAYROLL FUND 6/09/2023 GLICK FIRE EQUIPMENT CO, INC 6/13/2023 LAMAR 6/15/2023 ABEL SIGNS 6/16/2023 NAPA AUTO PARTS 6/16/2023 EAGLE TOWING & RECOVERY INC 6/19/2023 CENTRE ACRES GARAGE 6/20/2023 VERIZON 6/21/2023 VERIZON 6/23/2023 UNDINE FIRE CO 6/29/2023 GLICK FIRE EQUIPMENT CO, INC Check IF Payment 776.36 21.00 2,892.00 644.00 134.56 58.00 5,500.00 2,250.00 317.17 4,142.86 963.35 540.55 25.42 137.50 130.15 18,532.92 Total Checks: Page 110 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/06/2023 at 10:56 AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 04FE CHECKING - NW Page: 1 Check 0001438 AUTO 0995202 0995203 0995204 Date Vendor /D Description 6/02/2023 CAPITAL PROJECTS 6/15/2023 RURAL DEVELOPMENT 6/21/2023 COMMONWEALTHOF PA 6/21/2023 COMMONWEALTH OF PA 6/22/2023 FIRST NATIONAL BANK Check / Payment 15,230.00 2,701.00 965.26 1,112.94 2,612.98 22,622.18 Total Checks: Page 111 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 10:36 AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 05 PARKS CHECKING: - NW I Page: 1 Check 0002934 0995845 TRANSFER 0002935 0995844 0995846 TRANSFER 0002937 0002936 0995850 0995847 0995849 0995848 0995843 0002939 0002938 0995852 0995851 TRANSFER 0995853 0995854 0995855 0002940 Date Vendor/ / Description 6/01/2023 JJ POWELL FUEL MANAGEMENT 6/05/2023 HOME DEPOT CREDIT SERVICES 6/07/2023 PAYROLL FUND 6/07/2023 ANOVA FURNISHINGS 6/08/2023 PORT'S SPORTS EMPORIUM 6/09/2023 WEST PENNI POWER 6/09/2023 GENERAL FUND 6/12/2023 GOFLEET CORPORATION 6/12/2023 ENCOVA INSURANCE 6/13/2023 COMCAST 6/13/2023 WESTI PENN POWER 6/14/2023 TRACTOR SUPPLYCO 6/15/2023 WESTI PENN POWER 6/15/2023 PORT'S SPORTS EMPORIUM 6/16/2023 FNB COMMERCIAL CREDIT CARD 6/16/2023 GROWMARK FS, LLC 6/21/2023 SAFEGUARD BUSINESS SYSTEMS 6/21/2023 HALLS TREE SERVICE LLC 6/21/2023 PAYROLL FUND 6/26/2023 WEST PENNI POWER 6/26/2023 WESTI PENN POWER 6/26/2023 WEST PENN POWER 6/30/2023 STUDENTI PAINTERS Check/P Payment 175.83 114.77 2,836.58 3,730.67 32.99 38.51 629.00 16.33 2,000.00 2.28 14.96 89.99 31.04 32.00 1,645.99 46.20 90.57 4,175.00 3,266.22 9.99 38.37 11.63 1,500.00 20,528.92 Total Checks: Page 112 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/11/2023 at 9:50 AM Borough of Bellefonte Check Registerfrom 6/01/2023 to 6/30/2023 06 WATER CHECKING - NW AV Page: 1 Check 0013702 0997863 0997864 0997866 0997865 0997868 0997849 0997850 0997856 0997869 0997871 0997867 0997870 0013703 TRANSFER TRANSFER 0997855 TRANSFER 0997857 TRANSFER 0997872 TRANSFER 0997874 0013704 0013705 0997875 0997883 AUTO 0997882 0997876 0997877 0997878 0997879 0997880 0997881 TRANSFER 0997884 TRANSFER 0997885 0013706 0013707 0013708 0013709 0997888 0997889 0997890 0997894 0997891 0997893 TRANSFER 0997886 0997896 0997887 0997895 0997898 Date Vendor / Description 6/02/2023 COMMONWEALTH OF PA 6/02/2023 WESTI PENNI POWER 6/02/2023 WEST PENNI POWER 6/02/2023 PACE ANALYTICAL SERVICES LLC 6/02/2023 BUCHART HORN INC 6/02/2023 ELECTRIC MOTOR & SUPPLY 6/02/2023 LINK COMPUTER CORP 6/02/2023 LINK COMPUTER CORP 6/05/2023 MCQUAIDE BLASKO, INC 6/05/2023 HITE COMPANY 6/05/2023 HOME DEPOT CREDIT SERVICES 6/05/2023 540 TECHNOLOGIES 6/06/2023 JJ POWELL FUEL MANAGEMENT 6/06/2023 PAI RURAL WATER ASSOCIATION 6/07/2023 PAYROLL FUND 6/07/2023 GENERAL FUND 6/08/2023 ELECTRIC MOTOR & SUPPLY 6/08/2023 GENERAL FUND 6/08/2023 LINK COMPUTER CORP 6/09/2023 SEWER FUND 6/09/2023 REFUSE FUND 6/09/2023 WEST PENNI POWER 6/12/2023 GOFLEET CORPORATION 6/12/2023 L/B WATER SERVICE, INC 6/12/2023 COMCAST 6/12/2023 VERIZON 6/12/2023 NCR 6/13/2023 COMCAST 6/15/2023 WEST PENNI POWER 6/15/2023 WEST PENNI POWER 6/15/2023 WEST PENN POWER 6/15/2023 WEST PENNI POWER 6/15/2023 WEST PENNI POWER 6/15/2023 TRACTOR SUPPLYCO 6/16/2023 SEWER FUND 6/16/2023 LINK COMPUTER CORP 6/16/2023 REFUSE FUND 6/16/2023 HITE COMPANY 6/16/2023 JJ POWELL FUEL MANAGEMENT 6/16/2023 FNB COMMERCIAL CREDIT CARD 6/19/2023 PA MUNICIPAL HEALTH INSURANCE COOP 6/19/2023 UNITED STATES TREASURY 6/20/2023 VERIZON 6/20/2023 VERIZON 6/20/2023 HEIDELBERG MATERIALS 6/20/2023 SAFEGUARD BUSINESS SYSTEMS 6/20/2023 COMCAST 6/21/2023 HITE COMPANY 6/21/2023 PAYROLL FUND 6/21/2023 VALLEY ACE HARDWARE 6/23/2023 WEST PENNI POWER 6/23/2023 PACE ANALYTICAL SERVICES LLC 6/26/2023 WEST PENNI POWER 6/26/2023 L/B WATER SERVICE, INC Check / Payment 450.37 2,500.00 4,000.00 3,607.81 75.00 6,192.00 300.00 45.00 28.00 60.00 25.08 204.91 212.00 212.00 1,314.55 398.00 2,601.26 231.29 1,000.00 84.95 551.81 8,301.49 36.42 5,947.29 40.76 65.32 15,338.75 237.47 238.80 333.15 45.58 189.44 2,445.65 10.10 58.14 39.78 89.99 2,398.97 400.00 1,458.11 134.54 450.37 3,024.97 10,144.00 35.60 25.42 25.76 908.01 135.04 115.35 398.66 15,675.61 49.99 604.34 75.00 137.43 952.96 0013701[VOID) 6/01/2023 JJ POWELL FUEL MANAGEMENT 0997867/VOID) 6/05/2023 540 TECHNOLOGIES 6/09/2023 TRIANGLE BUILDING SUPPLIES & SERV, INC Page 113 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/11/2023 at 9:50. AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 06 WATER CHECKING - NW Page: 2 Check 0997899 0013710 0013711 0013712 0013713 0013714 0013715 0013716 0997892 0997897 TRANSFER 0997900 0013717 0997904 TRANSFER TRANSFER Date Vendor /D Description 6/27/2023 L/B WATER SERVICE, INC 6/27/2023 HIGHMARK BLUE SHIE 6/27/2023 HIGHMARK BLUE SHIELD 6/28/2023 STEPHEN CALDANA 6/28/2023 CRAIG HERROLD 6/28/2023 BRETTI MEYER 6/28/2023 STEPHEN DONLEY 6/28/2023 BARBARA WATSON 6/28/2023 LINK COMPUTER CORP 6/28/2023 UNIVAR USAI INC 6/29/2023 SEWER FUND 6/29/2023 COMCAST 6/29/2023 PROWELD 6/30/2023 WEST PENN POWER 6/30/2023 REFUSE FUND 6/30/2023 SEWER FUND Check /F Payment 4,246.79 168.00 1,987.20 120.00 120.00 120.00 120.00 120.00 551.81 1,331.00 313.81 150.38 778.47 4,472.61 4,036.01 6,060.21 119,358.58 4la,37 13,696.2) Total Checks: Page 114 of140 Bellefonte Borough Council Packet August 7,2923 Run: 7/10/2023 at 9:47. AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 08 SEWER CHECKING- - NW Page: 1 Check 0997207 0015375 0997198 0997199 0997205 0997182 0997209 0997181 0997204 0997202 0015376 0015377 0997196 TRANSFER TRANSFER TRANSFER 0015378 0015379 0997197 0997211 0997212 0997203 0997200 TRANSFER 0997216 0997206 0015380 0015381 0015382 0015383 0015385 0015386 0997215 0997217 0997214 0997210 0997208 0997221 0997218 0997219 0997220 0015387 0015388 0015389 0015390 0015391 0015392 0015393 0015394 0997222 0997223 0997213 0997229 TRANSFER 0997227 0997231 Date Vendor/ /D Description 6/01/2023 COLUMBIA GAS 6/01/2023 JJ POWELL FUEL MANAGEMENT 6/02/2023 LINK COMPUTER CORP 6/02/2023 LINK COMPUTER CORP 6/02/2023 MARTZ TECHNOLOGIES, INC 6/02/2023 INGERSOLL RAND 6/02/2023 PENSTAN 6/02/2023 POLLU-TECH, INC 6/02/2023 SWARTZ FIRE & SAFETY, INC 6/05/2023 U.S. JETTING, LLC 6/06/2023 LEAH A. GUIZAR 6/06/2023 PAI RURAL WATER. ASSOCIATION 6/06/2023 THE METER GUY, LLC 6/07/2023 PAYROLL FUND 6/07/2023 NORTHWEST: SAVINGS BANK 6/07/2023 NORTHWEST SAVINGS BANK 6/07/2023 PAI DEP 6/07/2023 KADY INTERNATIONAL 6/07/2023 QUALITYHYDRAULICS 6/08/2023 RELIANCE BANK 6/08/2023 NAPA AUTO PARTS 6/08/2023 GROFF TRACTOR & EQUIPMENT, INC 6/08/2023 LINK COMPUTER CORP 6/08/2023 GENERAL FUND 6/12/2023 VERIZON 6/12/2023 QUALITYHYDRAULICS 6/12/2023 ENCOVA INSURANCE 6/12/2023 GOFLEET CORPORATION 6/12/2023 WEST PENN POWER 6/12/2023 PACE ANALYTICAL SERVICES LLC 6/12/2023 STOVER MCGLAUGHLIN 6/13/2023 ROBBIE NICHOLS 6/13/2023 COMCAST 6/13/2023 COMCAST 6/14/2023 VALLEY ACE HARDWARE 6/15/2023 USALCO, LLC 6/15/2023 TRUCK: STUFF & MORE 6/16/2023 EVOQUA WATER TECHNOLOGIES LLC 6/16/2023 LINK COMPUTER CORP 6/16/2023 STATE COLLEGE FORD LINCOLN INC 6/16/2023 LINDE GAS & EQUIPMENT 6/16/2023 LANDPRO EQUIPMENT LLC 6/16/2023 AMERICAN AQUATIC TESTING INC 6/16/2023 FNB COMMERCIAL CREDIT CARD 6/16/2023 TOMI LONG 6/19/2023 PA MUNICIPAL HEALTH INSURANCE COOP 6/19/2023 HIGHMARK BLUE SH 6/19/2023 HIGHWAY EQUIPMENT & SUPPLYCO 6/19/2023 UNITED STATES TREASURY 6/20/2023 VERIZON 6/20/2023 F.N.B. EQUIPMENT FINANCE 6/21/2023 COMMONWEALTH OFF PA 6/21/2023 HITE COMPANY 6/21/2023 PAYROLL FUND 6/22/2023 USAI BLUEBOOK 6/23/2023 U.S. BANKI EQUIPMENT FINANCE Check /F Payment 196.33 458.62 42.00 60.00 1,215.25 2,042.74 391.44 4,140.00 100.20 473.27 45.00 398.00 900.00 37,102.96 16,748.35 20,677.34 100.00 6,254.00 628.86 5,696.02 705.83 89.74 551.80 190.23 61.66 328.91 5,000.00 32.66 26,592.31 1,634.00 61.00 148.00 97.50 69.95 56.97 450.26 5,604.99 545.00 1,498.67 540.00 289.31 135.39 38.70 2,650.00 558.35 75.00 14,549.50 132.83 86.76 34.57 88.33 1,100.47 28,932.35 342.96 53,260.54 1,006.62 110.70 0015384[VOID) 6/12/2023 ROBBIE NICHOLS Page 1150 of140 Bellefonte Borough Council Packet August 7,2023 Run: 7/10/2023 at 9:47 AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 08 SEWER CHECKING -I NW Page: 2 Check 0997224 0997233 0997232 0997226 0015395 0015396 0015397 0015398 0015399 0997230 0997236 TRANSFER 0997225 0997228 0015400 0015401 0015402 Date Vendor/D Description 6/23/2023 POLLU-TECH, INC 6/26/2023 JOHNSON CONTROLS SECURITY SOLUTIONS 6/26/2023 WEST PENN POWER 6/27/2023 STATE COLLEGE BATTERY OUTLET 6/27/2023 BRYAN MUTHLER 6/28/2023 BRYAN MUTHLER 6/28/2023 FRANK NOLL 6/28/2023 DOUG WATSON 6/28/2023 SHANNON STRUBLE 6/28/2023 PENN: STATE 6/29/2023 CCP INDUSTRIES, INC 6/29/2023 GENERAL FUND 6/29/2023 MARTZ TECHNOLOGIES, INC 6/29/2023 LINK COMPUTER CORP 6/29/2023 BRYAN MUTHLER 6/29/2023 EQUIPMENT DEPOT PENNSYLVANIA INC 6/29/2023 CAPITAL PROJECTS Check/ / Payment 8,280.00 178.39 136.00 479.90 529.00 60.00 120.00 60.00 120.00 435.00 1,158.16 105.25 1,601.50 551.81 430.00 22,802.47 15,000.00 297,369.72 Lloov all 297308.72 Total Checks: Page 116 of140 Bellefonte Borough Council Packet August 7,2023 Run: 7/10/2023 at 8:44 AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 09 REFUSE CHECKING-N NW Page: 1 Check 0005315 0995874 0995873 0005316 TRANSFER 0995872 TRANSFER 0005318 0005317 0995875 0005319 TRANSFER 0995876 0005320 0005321 0005322 0995877 0995883 0995880 0995881 0995879 0995878 TRANSFER 0995884 0005323 0005325 0005324 0005327 0005326 TRANSFER 0995885 TRANSFER 0995882 TRANSFER Date Vendor/ /D Description 6/01/2023 JJ POWELL FUEL MANAGEMENT 6/05/2023 NAPA. AUTO PARTS 6/05/2023 AKS SECURITY 6/06/2023 CCI RECYCLING & REFUSE AUTHORITY 6/07/2023 PAYROLL FUND 6/08/2023 LINK COMPUTER CORP 6/08/2023 GENERAL FUND 6/12/2023 GOFLEET CORPORATION 6/12/2023 ENCOVA INSURANCE 6/13/2023 COMCAST 6/16/2023 FNB COMMERCIAL CREDIT CARD 6/16/2023 GENERAL FUND 6/16/2023 GOOD TIRE SERVICE 6/19/2023 PA MUNICIPAL HEALTH INSURANCE COOP 6/19/2023 HIGHMARK BLUE SH 6/19/2023 UNITED STATES TREASURY 6/20/2023 VERIZON 6/20/2023 SAFEGUARD BUSINESS SYSTEMS 6/20/2023 WEST PENN POWER 6/20/2023 WESTI PENN POWER 6/20/2023 BERMAN TRUCK GROUP 6/20/2023 EAGLE TOWING & RECOVERY INC 6/21/2023 PAYROLL FUND 6/26/2023 COMCAST 6/28/2023 JORDIN BITTENGLE 6/28/2023 RANDY NEFF 6/28/2023 MELISSA MCCULLOUGH 6/28/2023 JULIE BROOKS 6/28/2023 SAMUEL HORNER 6/29/2023 PAYROLL FUND 6/29/2023 ROBINSON SEPTIC SERVICE, INC 6/29/2023 WATER FUND 6/29/2023 LINK COMPUTER CORP 6/30/2023 WATER FUND Check/P Payment 2,706.47 17.60 14.97 52,064.80 8,591.24 551.81 49.36 65.32 3,450.00 20.51 259.57 119.94 1,920.48 5,430.50 9.49 10.56 25.77 182.58 73.29 14.16 312.40 1,031.75 14,245.05 119.94 120.00 120.00 120.00 60.00 60.00 205.00 185.00 36,888.30 51.80 1,218.90 130,316.56 Total Checks: Page 117 of1 140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 3:02 PM Borough of Bellefonte Check Registerfrom 6/01/2023 to 6/30/2023 18 SPEC PRJ FNB-NVJCP CHECKING Page: 1 Check 0000150 Date Vendor / Description 6/02/2023 BENNER TOWNSHIP Check /F Payment 49.62 49.62 Total Checks: 0-00 * 49.62 * 826-96 * 3,330-50 + 4:207-08 * Page 118 of140 Bellefonte Borough Council Packet August 7,2023 Run: 7/06/2023 at 12:07 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 18 SPEC PROJ BASEBALL FIELD GRANT CKG Page: 1 Check 0995014 0001014 Date Vendor/D Description 6/05/2023 HOME DEPOT CREDIT SERVICES 6/27/2023 CMTL LABORATORIES INC Check/Payment 201.96 625.00 826.96 Total Checks: Page 1190 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/06/2023 at 12:11 PM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 18 SPEC PROJ POLICE DEPT GRANT CKG Page: 1 Check 0001015 0001016 Date Vendor/D Description 6/12/2023 MUSTANG FABRICATION INC 6/12/2023 STOVER MCGLAUGHLIN Check / Payment 3,230.00 100.50 3,330.50 Total Checks: Page 120 of140 Bellefonte Borough Council Packet August 7,2023 Run: 7/06/2023 at 10:42 AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 70 EMS CHECKING Page: 1 Check 0995009 0995010 Date Vendor/D Description 6/02/2023 MCNEIL & COMPANY, INC 6/20/2023 SAFEGUARD BUSINESS SYSTEMS Check/P Payment 7,287.00 90.57 7,377.57 Total Checks: Page 121 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 11:00 AM Borough of Bellefonte Check Register from 6/01/2023 to 6/30/2023 97301 N SPRING ST CKG Page: 1 Check 0000161 0000162/VOID) 0000164 0000163 0000165 0000166 0000167 Date Vendor/ /D Description 6/12/2023 WEST PENN POWER 6/12/2023 STOVER MCGLAUGHLIN 6/19/2023 BULK WATER 6/20/2023 THE CINCINNATI INSURANCE COMPANIES 6/27/2023 COLUMBIA GAS 6/27/2023 BELLEFONTE BOROUGH. 6/29/2023 GENERAL FUND Check / Payment 805.98 100.50 1,040.00 2,283.00 34.90 28.43 2,989.38 7,282.19 -100,50 voidad 7181.69 Total Checks: CK. Page 122 of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 7:22 AM Borough of Bellefonte Check Registerf from 6/01/2023 to 6/30/2023 98 NW BULK WATER CHECKING ACCOUNT Page: 1 Check 0995186 TRANSFER 0995191 0995192 0995193 TRANSFER Date Vendor/ / Description 6/02/2023 PENN TERRA ENGINEERING 6/09/2023 NORTHWEST SAVINGS BANK 6/21/2023 SAFEGUARD BUSINESS SYSTEMS 6/23/2023 WESTI PENNI POWER 6/26/2023 WEST PENNI POWER 6/29/2023 WATER FUND Check / Payment 2,002.75 5,981.49 90.58 299.35 92.64 4,400.44 12,867.25 Total Checks: 0-00 * 12:867+25 * 16:079-50 * 28:946+75 * Page 123of140 Bellefonte Borough Council Packet August 7, 2023 Run: 7/10/2023 at 7:25 AM Borough of Bellefonte Check Registerfrom 6/01/2023 to 6/30/2023 98 BULK FNB CHECKING Page: 1 Check 0000722 AUTO 0000723 Date Vendor / Description 6/06/2023 TURNKEYI LOGISTICS LLC 6/13/2023 FIRST NATIONAL BANK 6/29/2023 BULKWATER Check/Payment 7,764.47 2,133.93 6,181.10 16,079.50 Total Checks: Page 124 of140 Bellefonte Borough Council Packet August 7, 2023 MEMORANDUM TO: FROM: SUBJECT: DATE: Bellefonte Borough Council Office of Community. Affairs Update For Council Meeting August7,2023 Gina Thompson: HARB, Zoning & Planning Administrator PLANNING: Thel Planning Commission meeting for August 14 willl be cancelled as there are: no projects to review. HARB: HARB's next meeting will be' Tuesday, August 8-2023 at 8:30 a.m. (virtually). The link to https://us0Zweb.0OmAIS//B4201582037/pwdeUmdG.MW/aka4UWOVOWPARU5q0WhoT09 attend the meeting is here: 384 E. Linn Street - Exterior rear window and door replacement. 435 N. Spring Street- - Add L-shaped porch to cover the front of entrance. 4691 E. Curtin Street - Several exterior projects: windows, painting, gutters & downspouts, etc. ZONING: Short-term rentals Per the advice ofl legal counsel,Iwill bei re-issuing the Certificates of Nonconforming Use for the short-term rentals ini the R-1 and R-2 residential zoning districts with updated language for more clarity. I will alsoi issue short-term rental zoning permits, rather than have these two items be one int the: same (as Ih had previously). The short-term rental permit must be renewed annually, but the nonconforming use: status is not contingent upon renewal oft the: short-term rental permit. There will be: a Zoning Hearing Board meeting ati the end oft the month. The datei is still be finalized and will be reported on at the next meeting. It will either be August 22 or August 29. Zoning Hearing Board Ifyou have any questions about the current projects, or would like additional information, please do not hesitate to contact Gina Thompson agompnehalgpntpegent Page 125of140 Bellefonte Borough Council Packet August 7, 2023 HISTORIC Belletonte Est. 1795 To: Community Members Requesting Feedback on the Sustainability Survey From: Joanne Tosti-Vasey on behalf of Bellefonte's Environmental Advisory Board Re: Results of the Sustainability Survey Date: June 21, 2023 Thank you fori taking thet time to complete the Sustainability Survey. On behalf of the EAB, we'd like to thank you for your participation and awareness of what you would like to see happen in the borough regarding educational programming and planning for economic and environmental We presented the results toi the Borough Council on Tuesday, June 20, and are now: sending Included with this memo are three files summarizing the survey results. These three documents As summary of EAB members, how many people responded, and how the survey will be All listing of potential educational programs and how many people are interested in each Ad chart showing what you can or might do inside and outside your home or business. This chart is broken into four parts - the number of people who already do this, the number of people who would consider doing this, the number of people for whom this is not practical, and the number of people for whom the item is not applicable (e.g., a sustainability. these same results to you as requested. contain the following information; used moving forward. one. business operation without any grass to cut). There is also al large file attached to this email with all survey question results and comments attached. If you are receiving this letter by the US Postal Service or have difficulty opening this file, it is also posted on our website or you can access it with the following link: https//belefonte.net/202/Deletonte-borough-sustainablity-survey-summary. Ify you cannot access this document on our website, please call the Borough at (814)353-1501 and ask for a copy of the "Bellefonte Borough Sustainability Survey Summary". The copy may be picked up at your convenience during office hours between 8:30 am and 4:30 pm Monday through Friday. Once again, thank you for your Interest In sustainability. Municipal Building 236WI LambSt Bellefonte, PA 16823 Tel:814-355-1501 Fax:814-353-2315 w.bellelonle.nel. Page 126of140 TDD/TDY & Voice711 TV/DDOM9712724 An Equal opportunily Employer Bellefonte Borough Council Packet August 7, 2023 CLIMATE SUSTAINABILITY SURVEY REVIEW 06/20/202 Bellefonte Environmental Advisory Board Council Members: Joanne Tosti-Vasey Borough Staff: Don Holderman Debbie Cleeton Julie Brooks Ray Stolinas: Director of Planning and Community Development for Centre County Pam Adams: Sustainability Planner for the Centre Region Planning Agency llona Ballreich: Program Manager of the Sustainable Communities Collaborative at PennState Kevin. Abott: Bellefonte resident and business owner Purpose conducting the Climate Sustainability Survey was to assess community interest in sustainability. The EAB met with Downtown Bellefonte, Inc., the Bellefonte Inter-valley Chamber of Commerce, Historic Bellefonte, Inc., and the Bellefonte Historical and Cultural Association to assist us in creating the survey. DBI: Jennilynn Schuster HB!: Sally Houser, Romayne Naylor BIACC: Stephanie Peters BHCA: Gay Dunne 233 Responses to Survey 64 requested a copy of the survey results 21 have expressed interest in assisting with EAB The data collected willl be used for planning educational workshops based on the areas of interest indicated. The intent is that the workshops will be coordinated with organizations that volunteer their time The documents in this packet are compiled from data collected ini two specific areas of the survey. and effort. EAB Survey: Ideas Inside and Outside Home or Business EAB: Survey: Educational. Areas of Interest The results of the survey in whole will be provided to all members of Council. Page 127 of 140 Bellefonte Borough Council Packet August 7, 2023 N 80898 1 & D 2888 8No a 40e o& 88868 aaa 1 6 0e a 838 de 4 & & - 8EodBONe 9 Page 128 of140 Bellefonte Borough Council Packet August 7, 2023 9898849438 EPRRARREB Q 8 99448 868988 8881880 io4 288988 98885 6 48F0SE Page 129of140 Bellefonte Borough Council Packet August 7, 2023 2 4 Page 130 of140 Bellefonte Borough Council Packet August 7, 2023 PPR8 i4e 0 88 9) Page 131 of140 8R89 Bellefonte Borough Council Packet August 7, 2023 ORDINANCE 08072023-01 AN ORDINANCE OF THE BOROUGH OF BELLEFONTE, CENTRE COUNTY, PENNSYLVANIA, REPEALING THE CENTRE REGION BUILDING SAFETY AND PROPERTY MAINTENANCE CODE, 2017 EDITION, AS AMENDED AND CHAPTER 185 ALARMS, AND ADOPTING THE CENTRE REGION RENTAL HOUSING & BUILDING SAFETY CODE, 2023 EDITION, AS AMENDED, TO BE KNOWN AS CHAPTER 425 - Section 101, Repeal ofOrdinances. The provisions ofOrdinance 1029, Ordinance 06052017- 01, as amended that provide for the adoption and modification oft the Centre Region Building Safety and Property Maintenance Code/2017, and Ordinance 11182019-01, providing for amendment of the Centre Region Building Safety & Property Maintenance Code/2017,are Section 102. Changes. The following articles and sections of Borough of Bellefonte Code PROPERTY MAINTENANCE AND SAFETY hereby repealed. Chapter 425 as adopted are amended, deleted, or altered as follows: Add $425-2 Adoption of the Centre Region Rental Housing & Building Safety Code, 2023 Edition. Iti is hereby adopted by the municipality fori the intent and purposes set forth in 5 425-1 that certain code known as the Centre Region Rental Housing & Building Safety Code, 2023 edition, as promulgated by the Centre Region Council of Governments, except such provisions which may bei in conflict with the laws oft the Commonwealth of Pennsylvania or the regulations issued by an agency of the commonwealth by virtue of such laws and which provide a more stringent standard and which are required to be observed by the municipality or the provisions of other ordinances oft thisj jurisdiction which arei in conflict with the provisions oft this chapter, regardless of the strictness oft the provisions. The provisions oft the Centre Region Rental Housing & Building Safety Code, 2023 edition, as amended, are set forth ini the copy presently oni file ini the office of the Municipal Manager, and are hereby adopted as fully as ifs seti forth in length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the municipality, except as modified by this chapter and any subsequent amendments thereto. Add $425-3 Amendments to Rental Housing & Building Safety Code Thei following articles and sections of the Centre Region Rental Housing & Building Safety Code, 2023 edition, as adopted, are 1. The title ofTable 404.5. is now: Table 404.5. Minimum Habitable Space (square feet 3. Alter: Section 805.8 Offenses. To read: For the purpose of this suspension provision, offenses are violations of the Borough of Bellefonte Zoning Ordinance. amended, deleted, or altered as follows: [square meters]) applies to all properties. 2. Table 404.5.1 is deleted Page 132 of140 Bellefonte Borough Council Packet August 7, 2023 4. Section 806 Rental Housing Permit Suspension for Nuisance and Criminal Violations isi modified as follows: All notations to Borough or State College Borough shall be 5. Alter: Section 806.11.1 Refuse. To read: Refers to garbage, refuse, and municipal solid waste regulations enforced by the Borough of Bellefonte Ordinance Enforcement and Zoning Officers pursuant to Chapter 482, Solid Waste, oft the 6. Alter: Section 806.11.2 Property maintenance (interior and exterior). To read: Refers to regulations for the maintenance ofresidential property as generally enforced by the Centre Region Code. Administration, pursuant to this code with the exception of 7. Alter: Section 806.11.3 Sidewalk obstruction. Toi read: Refers to regulations for clearing snow, ice, and other obstructions from sidewalks pursuant to Chapter 495, 8. Alter: Section 806.11.4 Noise. Toi read: Refers to the enforcement of Chapter 372, 9. Alter: Section 806.11.5 Vegetation. To read: Refers to enforcement of grass and weeds pursuant to Section 315, Vegetative growth, ofthis code. 10. Alter: Section 806.11.9 Dogs. Toi read: Refers to enforcement of dog offenses pursuant to Chapter 193, Animals, oft the Borough of Bellefonte Code. 11.Alter: Section 806.11.10 Fire Code. To read: Refers to regulations for the prevention offires at rental properties as adopted in Chapter 20 (Fire Code) of this code. changed to Borough ofBellefonte. Borough of] Bellefonte Code. Chapter 2( (Fire Code). Article II, Sidewalks, oft the Borough of Bellefonte Code. Noise, oft the Borough of Bellefonte Code. 12. Section 807 is deleted Add $425-4 Effective date. To read: The provisions of this ordinance shall bei in full force and effect on September 1, 2023. ENACTED AND ORDAINED as an ordinance by the Borough of Bellefonte this 7th day of August 2023. ATTEST: BOROUGH OF BELLEFONTE COUNCIL Ralph W. Stewart Manager/Secretary Douglas A. Johnson Borough Council President Page 133of140 Bellefonte Borough Council Packet August 7, 2023 RESOLUTION NO. 08072023-01 RESOLUTION OF THE BOROUGH OF BELLEFONTE AUTHORIZING EXECUTION OF A CABLE FRANCHISE AGREEMENT BETWEEN THE BOROUGH AND SHENANDOAH CABLE TELEVISION,I LLC WHEREAS, pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, the regulations of the Federal Communications Commission and Pennsylvania law, the Borough of] Bellefonte (hereinafter the Borough") is authorized to grant franchises to construct, operate and maintain a cable system utilizing public rights-of-way and properties within the Borough'sjurisdliction; and WHEREAS, pursuant to Title VI of the Communications Act, the regulations of the Federal Communications Commission (hereinafter referred to as the "FCC") and Pennsylvania law, the Borough is authorized to grant and renew franchises to construct, operate and maintain a Cable System utilizing Public Rights-of-Way and properties within the BorougnsJunsdiction; and WHEREAS, Shenandoah Cable Television, LLC (hereinafter the "Grantee") has requested that the Borough grant Grantee a franchise to maintain, construct, operate, and maintain its Cable System over, under and along the aforesaid rights-of-ways for use by the Borough'sr residents; and WHEREAS, the aforesaid Public Rights-of-Way used by Grantee are public properties acquired and maintained by the Borough on behalf of the citizens of the Borough, and the right to use said rights-of-wayisa a valuable property right; and WHEREAS, the Borough desires to protect and manage the aforesaid rights-of- way, establish standards of Subscriber service, maintain a technologically advanced Cable System, receive Franchise Fees for Grantee's use of the Borough's public rights-of-ways as provided by federal law, obtain the use of an educational and governmental channel, establish certain reporting requirements, obtain certain complimentary services, provide legal protections for the Borough, and meet the current and future cable-related needs of its residents; and WHEREAS, the Borough has determined that this Agreement and the process for consideration of this Agreement complies with all applicable federal, state and local laws and regulations; and WHEREAS, the Borough has determined that the public interest would be served by granting Grantee a franchise according to the terms and conditions contained herein; Page 134 of140 Bellefonte Borough Council Packet August 7, 2023 NOW THEREFORE, BE IT RESOLVED that the Borough Council does hereby approve the cable franchise agreement negotiated with Grantee, including all of the terms and conditions contained therein, and does hereby authorize the execution of such agreement. RESOLVED this 17h day of August 2023. ATTEST: BOROUGH OF BELLEFONTE Secretary President, Borough Council Page 1350 of140 Bellefonte Borough Council Packet August 7, 2023 HISTORIC Bellefonte Est. 1795 BELLFEONTE BOROUGH VOLUNTEER APPLICATION Date: 7.2-23 Name: Donord locnsend Address: (33 3J Logan St. Occupation: LEEEC Are you: aresident ofl Bellefonte Borough? (fes Ifyes, for how many years? 8 Phone: (w) 81t 699 (200 (h)1-E 699 12do (e-mail) dwayneton @ ahod carrlers OSPS CoM No Voting Ward (Circle One): North South, West Experience as an elected or appointed official: Type of Position: Duties Involved: NALC: Secetery easorer ABC(s) that you arei interested in being appointed to: Cwa SOvice, albernate Special Skills you have which relate to the ABCs applied for: boolceapig -distribubler OPRuAsIs Please list any relatives or relationships you may have with any current member ofal Bellefonte Authority, Board or Commission. FYI, our nepotism policy states, "[Our) prohibition [on hiring] shall not apply to employment in at temporary, seasonal position, nor toi internships or volunteer work, as long as therei is no direct or indirect supervisorfsubordimate relationship between the relative ori individual involved in a personal relationship with ane employee or aj personal relationship with ani independent contractor of the Borough. (You can finda complete copy ofE Bellefonte's nepotism policy on the Borough's website.) Other information that may be relevant in requesting appointment to the ABC(s): (please attach any additional relevant information) Signature of,Applicant P Return your completed application and resume to: Bellefonte Borough Manager 236 West Lamb Street or email boro@balefontepagoyr TDD/TDY & Voice711 IIVIDDONYII2A Anl Equal Opportunity. Employer Municipall Building 236 WLamb St Bellefonte, PA 16823 Tel:814-355-1501 FAx:814-353-2315 nwbelgone.ne Page 136of140 Bellefonte Borough Council Packet August 7, 2023 Herbert, Rowland & Grubic, Inc. 2568 Park Center Boulevard State College, PA16801 814.238.7117 www.hrg-inc.com HRG VIA CERTIFIED MAIL July 24, 2023 Bellefonte Borough Council 236 West Lamb Street Bellefonte, PA 16823 Re: Act 14 Notification NPDES Permit Application Bellefonte Elementary School Bellefonte Borough, Centre County, PA Dear Councilmembers: Acts 14, 67, 68 and 127, which amended the Municipalities Planning Code, direct state agencies to consider comprehensive plans and zoning ordinances when reviewing applications for permitting of facilities and infrastructure and specify that state agencies may rely upon comprehensive plans and zoning ordinances under certain conditions as described in Sections 619.2 and 1105 of the Municipalities Planning Code. The Pennsylvania Department of Environmental Protection's Policy for Consideration of Local Comprehensive Plans and Zoning Ordinances in DEP Review of Permits for Facilities and Infrastructure (DEP's Land Use Policy) provides direction and guidance to DEP staff, permit applicants, and local and county governments for the implementation of Acts 67, 68 and 1270 of 2000. This policy can be found at www.depwebstatepaus keyword: Land Use. Permit Type: Name of Applicant: Project Location: General NPDES Permit for Stormwater Discharges Associated with Construction Activities. Bellefonte Area School District The project is located along Airport Road, Bellefonte, PA: 16823. elementary school, parking lots, utilities, and other site improvements. Project Description: The project consists of the construction of an approximately 95,000: s.f. Ina accordance with DEP's Land Use Policy, enclosed please find a Municipal Notification Form that is to be submitted with our permit application to DEP for an NPDES Permit for Stormwater Discharges Associated with Construction Activities. Please complete the attached form and return within 30 days. Please do not send this form to DEP, as we musti include the Municipal Notification Form with our permit application. If we do not receive a response from you within 30 days, we shall proceed to submit our permit application to DEP without the Municipal Notification Form. If the Municipal Notification Form is not submitted with our permit application, and we provide proof to DEP that we attempted to obtain it, DEP will assume there are no substantive land use conflicts and proceed with the normal application review process. A copy of the project location mapi is also enclosed for your reference. Page 137 of 140 Bellefonte Borough Council Packet August 7, 2023 Bellefonte Borough Councilmembers July 24, 2023 Page 2of2 Please do not hesitate to contact me if youl have any questions or need more information. Ican be reached by calling (814)238-7117 or by emailing mdeskevichehrginccom Sincerely, Herbert, Rowland & Grubic, Inc. M4tbo DOLA Matthew Deskevich, EIT Staff Professional II MDD 009601.0428 Enclosures C: File P10090.009401.042844aminPemip0EsVAct14Beletonte Boroughli Lettert to Bellefonte Borough.doc Page 138 of140 3800-FM-BCW02710 Rev. 1/2021 Municipal Notification Form pennsylvania PROTECTION DEPARTMENTOFE ENVIRONMENTAL COMOMAANSPAAANRNN Council Packet August 7, 2023 DEPARTMENT OF ENVIRONMENTALI PROTECTION BUREAU OF CLEANV WATER FOR CHAPTER 102 PERMITS MUNICIPAL NOTIFICATION OF PLANNED LAND DEVELOPMENT PROJECT INFORMATION (COMPLETED BY APPLICANT) Applicant Name: Applicant. Address: Bellefonte Area School District 318 North Allegheny Street Contact Name: Kenneth Bean Contact Phone: 814-355-4814 Applicant City, State, ZIP: Bellefonte, PA 16823 County: Centre County Description of Proposed Land Development and Stormwater Controls: Municipality: Borough of Bellefonte The project includes the construction of an approximately 95,000 Project Area: 108+/- acres existing high school. The project will also include parking lots, Disturbance: 65+1- acres Phased s.f. two-story elementary school along Airport Road, behind the utilities, and other site improvements. Stormwater controls include several stormwater management basins. Tax Parcel ID(s) Affected by Proposed Land Development: Surface Waters Receiving Stormwater Discharges: Trib 22968 to Spring Creek Discharge to: MS4 32-204-76 Other SS CSS The following information was submitted to the municipality for this project: Land Devecpment/supdiwson Plan E&S Plan PCSM Plan Other: Location Map MUNICIPAL PLAN/ORDINANCE INFORMATION (COMPLETED: BY MUNICIPALITY) 1. Is there an adopted municipal or mult-municipal comprehensive plan? 2. Ist there an enacted municipal or multi-municipal zoning ordinance? 3. IfYes to #2, is the proposed project consistent with the ordinance? 4. Ist there a municipal stormwater management ordinance? Yes Yes Yes Yes Yes No No No No No 5. IfYes to #4, is the proposed project consistent with the ordinance, without waiver? 6. IfYes to #4, indicate type of ordinance: Act 167 Model Ordinance DEP Model Ordinance (MS4s) MUNICIPAL ACKNOWLEDGEMENT Other APPLICANT CERTIFICATION: Icertify under penalty ofl law (see 18 Pa.c.S. $4 4904 (relating to unsworn The municipality acknowledges that a permit application for the above- falsification)) that thei information reported herein was prepared under my referenced project has been submitted to a reviewing agency and that direction or supervision in accordance with a system designed to assure notification requirements ofA Act 14 of 1984 and Acts 67, 68, and 127 of that qualified personnel properly gathered and evaluated the information 2000 have been satisfied. The information reported herein the Based on myi inquiry oft the person orp persons who manage the municipality is true and accurate. The municipality reserves the right to information, or those persons directly responsible for gathering the commentt to ther reviewing agency relative to comprehensive plans, information, the information submitted is, tot the best of myl knowledge and and stormwater ordinance consistency. Municipal acknowledgment zoning, of belief, true, accurate, and complete. l'am aware that there are significant receipt of notification shall not be construed as project approval. submitted. by penalties for submitting false information, including the possibility of fine and mprisonment: for knowing violations. 738 Applicant Signature Bao Pssynor Applicant' Title 07-14-23 Date of Signature Municipal Representative Name Municipal Representative Signature Municipal Representative Title Date of Signature Page 1390 of140 -1- Bellefonte Borough Council Packet August 7, 2023 Pleasant Strip! Mine/ Sewage Dispos Quap Quapy RQuary BDY Park Vièw: Heights BELLEFONTE Union Cem hopst Johns Sek Athletic FastEnd R PROJECT LOCATION, Landing Stjp WyAddition Fargonion Redioo Tower USGS QUAD MAPS: BELLEFONTE & MINGOVILLE GRAPHIC SCALE SCALE: 1"=2,000' 2,000' 1,000' 0' 2,000' PROJECT #: 009601.0428 DATE: SCALE: PM: SHEET: LOC JUNE 2023 1"=2 2,000' NLMI 1 LOCATION MAP FOR EHRG HERBERT, ROWLAND & GRUBIC, INC. 2568F PARKO CENTER BLVD. STATE COLLEGE, PA1 16801 814.238.7117 I hrg-inc.com BELLEFONTE ELEMENTARY SCHOOL BELLEFONTE OROVP-bFRHAN PENNSYLVANIA