Borough Council Cecilia Houser, Vice-President Jeffrey Ball Theresa Jacoby Davel Kuhar Robert Miller Michael Owatt  Ebensburg Borough Council Meeting Doug Tusing, President  OFEBE  Monday, December 18, 2023  6:30 p.m. Phone: 814-472-8780 E-Mail: burgeebemsburgpa.com Website: www.ebensburgpa.om  ERIACOV  Mayor Randy Datsko  AGENDA  CALLTO ORDER & PLEDGE OF ALLEGIANCE  PUBLIC COMMENTS  Members of the public are invited to comment at this time on any item appearing on the agenda.  1. CONSENT AGENDA  Alli 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 oft these items unless members of the Council request specific items to be Item 6A: Approve report ofI Inframark for the Wastewater Treatment Plant Operations. Item 6B: Approve report ofInframark for the Water' Treatment Plant Operations.  removedj for separate action.  Item 11D. Correspondence received from. Joshua Krise Item 11E. Subrogation Claim Regarding Kirsch Property  Item 11F: Approve the minutes of thel November 20, 2023 regular monthly meeting of] Borough  Council.  Item 11G: Approve the financial statement for November. Item 11H: Approve payment ofbills forl December.  Recommended Action - Approve the consent agenda.  2. - APPOINTMENTS TO. ADDRESS COUNCIL  3. CONSIDERATION OF ANY MOTION(S) TO. AMEND AGENDA    4. MAYOR'SI REPORT  Item 4A: Report on Police Department 5. COUNCIL PRESIDENT COMMENTS  6. WATER, WASTEWATER & STORMWATER COMMITTEE  Ball, Kuhar & Miller  * Item 6A: Report from Inframark on Wastewater Treatment Plant Operations  Inframark's written report was submitted regarding operations, projects and activities at the  wastewater plant for Council review. Recommended Action - Accept and approve report.  *Item 6B: Report from Inframark on Water Treatment Plant Operations  Inframark's written report was submitted regarding operations, projects and activities at the  water plant for Council review.  Recommended Action- - Accept and approve report.  Item 6C: Ordinance #667: An Ordinance that adopts the Guaranty Agreement for the  PENNVEST water project loan.  PENNVEST! has approved a grant of $2,983,725 and al loan of $4,922,3661 fort thel PhaseI Waterline Replacement. The loan is for 20 years, with 1%1 rate.. Ity will be: necessary for the Borough to guarantee thel PENNVEST loan. In accordance with the Unit Debt Act, Council will need to adopt a Guaranty Agreement by Ordinance. The Solicitor has drafted the enabling Ordinance, the required guaranty agreement, promissory note, debt statement, and borrowing base certificate for tentative adoption. Thel Borough and Authority solicitors will review those documents for compliance. The Solicitor will compile a Self-Liquidating Debt Report to be certified by the Authority's Engineer. Those documents will be includedi in the final Ordinance. Recommended Action - Grant final approval to Ordinance #667 authorizing al PENNVEST loan guaranty in the amount of $4,922,366 on behalf oft the Ebensburg Municipal Authority the  water system improvement project. PENNVESI water project loan.  Item 6D: Ordinance #668: An Ordinance that adopts the Guaranty Agreement for the second  PENNVEST has approved a grant of $492,706 and a loan of$136,664 for Lead Service Line Replacement. The loan is for 30 years, with 1% rate.. It will bei necessary for thel Borough to guarantee the PENNVEST loan. In accordance with the Unit Debt Act, Council will need to adopt a Guaranty Agreement by Ordinance. The Solicitor has drafted the enabling Ordinance, the required guaranty agreement, promissory note, debt statement, and borrowing base certificate for tentative adoption. The Borough and Authority solicitors will review those documents for compliance. The Solicitor will compile a Self-Liquidating Debtl Report to be certified by the. Authority's Engineer. Those documents will be included int the final Ordinance.  2    Recommended Action - Grant final approval to Ordinance #668 authorizing al PENNVEST loan guaranty int the amount of $136,664 on behalf ofthel Ebensburg Municipal Authority the water  system improvement project.  Item 6E: Resolution #2023-15: Resolution authorizing the execution of documents.  Consideration ofl Motion to adopt and approve Resolution #2023- - 15, authorizing the Borough of Ebensburg Officers to execute any and all documents, Agreements, contracts, and/or undertake any and all actions required to be delivered and/or taken by the Borough of Ebensburg and further authorizing any actions by Borough of] Ebensburg Officials which are neçessary or proper to effectuate the guaranty oft thel Borough of Ebensburg secured by al lien on its water revenues, which lien shall be subordinate only to thel liens that secure the three (3) previous PENNVEST water construction loans (ME #'s 80113, 82201, 85208); the guaranty of thel Borough of Ebensburg shall also be secured by aj pledge ofi its taxing authority; any other requirements by PENNVEST to effectuate the guaranty by the Borough of] Ebensburg; the PENNVEST: funding application; funding agreement; the maximum amount of $629,370.00, comprised ofa a maximum loan amount of$136,664.00: and the maximum principal forgiveness loan amount of$492,706.00; and directing other necessary and proper action. Recommended Action - Grant approval to Resolution #2023-15  Item 6F: Resolution #2023-16: Resolution authorizing the Guaranty Agreement  Consideration of Motion to adopt and approve Resolution # 2023-16, authorizing and approving the Guaranty. Agreement and authorizing and approving Borough of Ebensburg's officers to sign any and all necessary and related documents, and to take any and all required and appropriate related action, and further authorizing any actions by authority officials which arei neçessary or proper to effectuating the Pennsylvania Infrastructure Investment Authority (PENNVEST) Guaranty Agreement, Funding Application, Funding Agreement, and the maximum amount of $629,370.00, comprised of ai maximum loan amount of$ $136,664.00 and the maximum principal forgiveness loan amount of $492,706.00, and directing other necessary  and proper action  Recommended Action - Grant approval to Resolution #2023-16  Item 6G: Resolution #2023-17: Resolution authorizing the execution of documents  Consideration of Motion to adopt and approve Resolution #2023- 17, authorizing the Borough of] Ebensburg's Officers to execute any and all documents, Agreements, contracts, and/or undertake any and all actions required to be delivered and/or taken by thel BOROUGH OF EBENSBURG and further authorizing any actions by Borough of] Ebensburg Officials which are necessary or proper to effectuate the guaranty oft the Borough of Ebensburg secured by a lien on its water revenues, which lien shall be subordinate only to the liens that secure the three (3) previous PENNVEST water construction loans (ME #'s 80113, 82201, 85208); the guaranty ofthel Borough of Ebensburg shall also be secured by aj pledge ofi its taxing authority; any other requirements by PENNVEST to effectuate the guaranty by thel Borough of Ebensburg; thel PENNVEST funding application; funding agreement; the maximum amount of $7,906,091.00, comprised ofar maximum loan amount of $4,922,366.00 and the maximum principal forgiveness loan amount of $2,983,725.00; and directing other necessary and proper  action.  3    Recommended Action-Grant approval tol Resolution #2023-17  Item 6H: Resolution #2023-18: Resolution authorizing the Guaranty Agreement  Consideration of Motion to adopt and approve Resolution # 2023- 18, authorizing and approving the Guaranty Agreement and authorizing and approving the Borough of Ebensburg's officers to sign any and all necessary and related documents, and to take any and all required and appropriate related action, and further authorizing any actions by authority officials which are necessary or proper to effectuating thel Pennsylvania Infrastructure Investment. Authority (PENNVEST) Guaranty Agreement, Funding Application, Funding Agreement, and the maximum amount of $7,906,091.00, comprised of a maximum loan amount of $4,922,366.00 and the maximum principal forgiveness loan amount of $2,983,725.00, and directing other necessary andj proper action Recommended Action - Grant approval to Resolution #2023- -18  Item 61: Resolution #2023-19: Amending thel Lease. Agreement with the Authority  Consideration ofl Motion to adopt and approve Resolution # 2023-19, proposing an amendment a. The Agreement ofLease be and the same is hereby amended toj provide for an increase in the annual lease payment fromi the Borough of] Ebensburg tol Ebensburg Municipal Authority prior to the initiation of principal and interest payments on the two 2024 PENNVEST water construction loans sufficient to cover the Ebensburg Municipal Authority'si increased annual b. All references int the Agreement ofLease to the 2018 Capital Improvements Program" shall be amended toj provide: "the 2018 Capital Improvements Program, the 2022 Water  toi the Agreement ofLease as follows:  debt service as a: result oft the water construction projects.  Construction Project, and the 2024 Water Construction Projects." Recommended Action-Grant approval to Resolution #2023-19  Item 6J: Motion to proceed with the Projects and allowing the Authority to proceed.  Consideration of Motion to authorize and approve thel Borough of] Ebensburg to proceed with thel Projects and to take any and all appropriate and required related action, including, but not limited to, authorizing an amendment to any oft the above approved documents, and further authorizing the Authority's officers to sign any and all necessary and related documents and to take any and all required and appropriate related action to complete and close on the $7,906,091.00 and the $629,370.00 Funding Offers from PENNVEST. Recommended Action-Grant approval and authorization for the Borough of Ebensburg to proceed with the Projects and to take any and all appropriate and required related action, including, but not limited to, authorizing an amendment to any oft the above approved documents, and further authorizing the Authority's officers to sign any and all necessary and related documents and tot take any and all required and appropriate related action to complete and close on the $7,906,091.00 and the $629,370.00 Funding Offers from) PENNVEST.  7. RECREATION COMMITTEE  Jacoby, Miller & Owatt  4    8. STREET COMMITTEE  Ball, Houser & Owatt Houser, Jacoby &1 Kuhar  9. ADMINISTRATION COMMITTEE Item 9D: Resolution:2023-20  A Resolution is adopted each year to establish the wages to bej paid to borough employees. AFSCME and FOP wages increase in accordance with labor contracts, and historically, non-union employees receive the same adjustment as negotiated with AFSME. It should also be noted that the wages for the police are unchanged from those of2023 because the negotiation oftheir contract has not been finalized. Once this is done, a new resolution will The. Administration Committee has requested that the proposed Salary Resolution be Recommended Action = Discuss thei matter in executive session, and subsequently Adopt  be passed to encompass this.  discussed in executive session prior to taking action. Resolution #2023-20 establishing wages for 2024.  10. DIVERSITY COMMITTEE 11. GENERAL BUSINESS  Kuhar & Houser  Item 11A: Ebensburg Municipal Airport - Hangar Repairs  We are still awaiting a final report from the structural engineer with details of the permanent hangar repairs needed to resolve corrosion ofthe columns and other bracing issues. There is ap possibility that thej permanent repairs can be made fairly quickly, which would eliminate the expense oft temporary shoring of the structure. Once the final report is received and reviewed, Staff will make ai recommendation as to how Council should proceed.  Recommended Action- None at this time.  Item 11B: RACRALease  As discussed at previous meetings, thel Lease. Agreement between Ebensburg Borough and RACRA is due to expire on December 31 oft this year due to the fact that RACRA failed to execute their option to renew the lease within the required timeframe. Subsequently, Given that the situation regarding the hangar is as of yet unresolved, at this time Staff recommends that the lease extension between the Borough and RACRA be extended fora Recommended Action - Approve an extension to the Lease Agreement between the Borough  RACRA has requested that the lease be extended.  period of one year, to expire on December 31,2024. and RACRA for aj period of one year.  5    Item 11C: 2024 Fee Resolution #2023-21  AI Resolution is required each year to establish fees to be charged for various services for the coming year. Conditional Use, Zoning Hearing, Land/Subdivision and Stormwater Management have been recommended by staff1 to increase from $325.00 to $400.00. Ifthe fees are less, the applicant receives ai refund, but lately the fees have been considerably higher due to increases int the cost of advertising and engineering costs. The fees for the rental oft the pavilions are also proposed to bei increased. The fee for garbage was increased as well to Recommended Action - Adopt Resolution #2023-21 establishing the fees to be charged in  reflect the new: five-year garbage and recycling contract.  2024 for various purposes.  Item 11D: Correspondence was received from Joshua Krise regarding the lack of sufficient  parking in and around the Courthouse. Recommended Action- -1 No action required.  Item 11E Correspondence was received from Selective! Insurance regarding a subrogation claim for the  Kirsch Property at 501 W. High Street regarding a sewer line backup.  Recommended Action - No action required.  Item 11F: Minutes ofl Previous Meeting(s)  The minutes of the October 23, 2023 regular meeting are presented: for Council: review and  approval.  Recommended Action - Approve the minutes oft thej previous meetings. The financial statement for November 2023 is presented for approval. Recommended Action - Approve the November 2023 financial statement. A list of bills totaling $228,502.43 for December 2023 is submitted for approval. Recommended Action - Approve payment of the bills as submitted.  Item 11G: Financial Statement  Item 11H: Bills  12. DEPARTMENT REPORTS Item 12A: Police Department  ChiefLoughran has submitted a written report on the police department's activities during the Public Works Director Josh Surkovich has submitted a written report on the public works  month.  Item 12B: Public Works Department  deparment'sactivties: during the month.  Item 12C: Community Development  6    Community Development Director Danea Koss has submitted a written report on the community development department's: activities during the month.  Item 12D: Recreation Department Item 12B: Codes Enforcement  Recreation Director. Dirk. Johnson has submitted a written report on the recreation department's  activities during the month.  An monthly codes enforcement: report was forwarded to Council.  Item 12F: Ebensburg Municipal Authority  Acopy ofthe minutes oft the last municipal authority meeting isi included in Council's packet.  Item 12G: Ebensburg Planning Commission- No activity Item 12H: Ebensburg Zoning Hearing Board -Noactivity  13. MEDIA COMMENIS/QUESTIONS  Representatives oft the media are invited to comment and ask questions at this time on any issues,  whether or not on the agenda.  14. PUBLIC COMMENTS  Members of the public are invited to comment at this time on any issues, whether or not on the agenda.  15. EXECUTIVESESSION- Council will meet to discuss real estate and personnel matters.  16. ADJOURNMENT  Copies of al!s staff reports and documents subject to disclosure that relate to anyi item of business referred to on the agenda are available forp publici inspection the Thursday before each regularly scheduled meeting at the Borough office, located at3 300 West High Street, Ebensburg, Pa. Any documents! subjectto disclosure that are! providedi to members of the Borough Council regarding anyi item on this agenda are availablej for publici inspection at thel Borough officed or at In accordance witht the Americans with Disabilities, Act, ify you needs special assistance top participate int this meeting, please contact the Borough office (814) 472-8780 ore churg@ebemsurgpacom. Notification 48-hours beforet the meeting will enable the Borough tor make reasonable arrangements. toe ensure accessibility tot this meeting.  wmchersburpacon  7