Borough Council Cecilia Houser, Vice-President Jeffrey Ball Theresa Jacoby Davel Kuhar Robert Miller Michael Owatt Ebensburg Borough Council Meeting Doug Tusing, President OF EBE Monday, November 20, 2023 6:30 p.m. Phone: 814-472-8780 E-Mail: hurgeehembargpa.com Website: www.ebensburgpa.com GRIA CO Mayor Randy Datsko AGENDA CALL TO 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 oni 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 oft the Council request. specific items to be Item 6A: Approve report ofInframark for the Wastewater Treatment Plant Operations. Item 6B: Approve report ofInframark for the Water Treatment Plant Operations. removed) fors separate action. Item 11F: Approve the minutes of the October 23, 2023 regular monthly meeting of Borough Council. Item 11G: Approve the financial statement for October. Item 11H: Approve payment of bills for November. Recommended Action - Approve the consent agenda. 2. APPOINTMENTS TO ADDRESS COUNCIL 3. CONSIDERATION OF ANY MOTION(S) TO. AMEND AGENDA 1 4. MAYOR'SREPORT 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 -4 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: Operating Agreement between the Borough and Municipal Authority- An agreement exists between the two parties that sets a compensation for the Authority to pay the Borough for administrative support. The agreement allows for the adjustment of the compensation through ai resolution by both parties. The current charge is $201,000/ year and Staff recommends an increase of 10%1 to $221,100 annually. The rate has not changed since 2017 but due to increased costs and expenditures, an adjustment is necessary and appropriate. Iti is anticipated that the Municipal Authority will approve the. Joint Resolution at their Recommended Action - Approve Joint Resolution #2023-1 governing the administrative support toi the Authority and increasing the rate to $221,100 annually. meeting earlier this afternoon. Item 6D: 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 a loan of $4,922,366 for thel Phase I Waterline Replacement. The loan is for 20; years, with 1% rate. It will be: necessary for the 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 Debt) Report tol be certified by the Authority's Engineer. Those documents will be included int the final Ordinance. 2 Recommended Action-Grant tentative 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. PENNVEST water project loan. Item 6E: 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%1 rate. It will be necessary for the 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 Debt Report tol be certified by the Authority's Engineer. Those documents will bei included in the final Ordinance. Recommended Action-Grant tentative approval to Ordinance #668 authorizing a PENNVEST loan guaranty in the amount of $136,664 on behalf oft the Ebensburg Municipal Authority the water system improvement project. 7.3 RECREATION COMMITTEE Jacoby, Miller & Owatt Item 7A: Resolution #2023-13: A Resolution authorizing the submission of a grant through the Statewide Local Share Account Grant. Last month Council approved a resolution for equipment at Memorial Field, but after careful review, it was decided to apply for ai more general grant to be used to revitalize multiple Recommended Action - Rescind Resolution #2023-11 and approve Resolution #2023-13 authorizing the application ofa $120,000 grant through the Statewide Local Share. Account Grant for upgrading of various parks and playgrounds within thel Borough, and further authorizing Borough officers to execute any and all documents required to secure the grant. playgrounds and parks within the Borough. 8. STREET COMMITTEE Ball, Houser & Owatt Item 8A: Sidewalk and Curbing Project 2023: Bids were awarded in February to CH & D Construction in the amount of $136,827.88. The contractor began the work on October 31st and completion is expected this week, before the December 1, 2023 deadline. Recommended Action = No action is required. 3 Item 8B: Parking of Commercial Vehicles on Borough Streets Recently we have had a large commercial vehicle parked on the borough streets for weekends inar residential neighborhood. The police have spoken to thei individual and he is currently cooperating, but staffrecommends that Council considers an ordinance prohibiting the parking of the commercial vehicles in a residential neighborhood. First and foremost, the width of the roads, especially when parking is on both sides ofthe street, limits and/or prevents emergency vehicles from being able to: safely pass. Secondly, buses, and delivery Recommended Action- - Approve Stafft to develop an ordinance for review. vehicles are also deterred. Item 8C: Potential Garbage Ordinance The existing garbage ordinance forbids the use ofc containers larger than 36 gallons. This needs to be removed but there has been recent discussion requiring all trash receptacles to have al lid and utilizing it to assure that the garbage does not blow out. It was also discussed the length of time prior to the garbage pickup that the refuse can be taken to the curb. Staffis looking for guidance as to whether these issue should be placed on ai revised ordinance. Recommended Action - Approve Stafft to develop an ordinance for review. 9. ADMINISIRATION COMMITTEE Item 9A: 2024. Annual Budget Houser, Jacoby & Kuhar The administrative committee has compiled ai tentative 2023 budget for Council's review. The 2024 Operating Budget calls for revenues of $7,266,390 and expenditures of$ $7,266,390. The general fund budget is balanced without an increase in taxes. Revenues Expenditures Surplus $0.00 $0.00 $0.00 $0.00 $0.00 General Fund Budget Water Fund Budget Wastewater Fund Budget Stormwater Fund Budget Total Operating Fund $2,573,760.00 $2,573,760.00 $2,456,600.00 $2,456,600.00 $2,005,530.00 $2,005,530.00 $230,500.00 $230,500.00 $7,266,390.00 $7,266,390.00 The General Fund Budget reflects an increase of10.9% over last year. This increase is primarily due to overall inflation in supplies and services. Inj particular, the budget reflects a new five-year garbage and recycling contract and the hiring of an additional full-time police officer. 4 The Wastewater Fund Budget has aj minimal increase, despite a: new five-year contract with Inframark for operations oft the systems. However, the Water fund Budget is increasing by 14.9%. This increase is due to the increased revenue needed for aj project that is mostly paid for through a grant, but a long-term low interest loan will pay for the rest. The additional revenue will cover the cost oft the future debt service. The budget was advertised and made available for public inspection. Recommended Action - Grant final approval to the 2024 annual budget. Item 9B: Employee Pension Plans In August the Borough approved the minimum municipal obligation (MMO) calculations for the pension plans. However, revised MMOS were received which uses funding components from the recently completed January 1, 2023 Actuarial Valuation Report. The contribution requirement under the revised MMO would be greater than the amount determined by the initial 2024 MMO, which was based on the January 1, 2021 Actuarial Valuation Report. Although you are not required to amend the MMO originally adopted and submitted to the governing body by September 29, itis recommended by the actuaries that you adopt this revised MMO since it reflects a contribution level that is more consistent with the plan's current funding condition. Action #1- Adopt the minimum municipal obligation (MMO) calculation for the non- Action #2- Adopt the minimum municipal obligation (MMO) calculation for the uniformed pension plan int the amount of $97,070. uniformed pension plan in the amount of $25,083. 10. DIVERSITY COMMITTEE 11. GENERAL BUSINESS Kuhar & Houser Item 11A: Ebensburg Municipal Airport Council recently discussed the second opinion from a structural engineer, who believes the hangar at the airport can be rehabilitated. The engineer is developing plans for measures to secure the structure in preparation for potential long-term repairs in 2024. Prior toi these repairs, the building will not be utilized. Due to the fact that the hangar cannot be utilized and RACRA is experiencing al loss ofi income in the interim, they have requested that the Borough pays the cost ofinsurancei to the facility and a vehicle, as well as the annual registration for the fuel tanks for ai total of $3,609. Recommended Action- Dependent upon discussion. 5 Item 11B: Last month thel Borough reviewed a revised lease with Cambria County for the former Babcock Property. Council proposed other amendments to the lease and the County responded by withdrawing their initial request. Recommended Action - No action required. Item 11C: Resolution #2023-14 A resolution fixing the tax rate for the year 2024 at 36.75 mills on each dollar of assessed valuation for land, 11.75 mills on each dollar of assessed valuation for buildings and 2.5 mills on each dollar of assessed valuation for stormwater management. Recommended Action - Approve Resolution #2023-14 for taxes. Item 11D: Letter ofs support for grant application for Allegheny Spay and Neuter Clinic. Bradford Township is applying for a grant for the clinic, and wel have been asked by Yard Kitty to send al letter of support. The Allegheny Spay and Neuter Clinic is the only such place in this area to offer services at ai reduced rate to control the pet population. Recommended Action - Approve Resolution #2023-14: fort taxes. Item 11E: Consider the resignation of. James Melnyk who was part-time with the Police Department Recommended Action - Accept the resignation of. James Melnyk, effective immediately. Item 11F: Minutes of Previous Meeting(s) The minutes of the October 23, 2023 regular meeting are presented for Council review and approval. Recommended Action - Approve the minutes of the previous meetings. The financial statement for October 2023 is presented for approval. Recommended Action - Approve the October 2023 financial statement. A list of bills totaling $850,544.57 forl November 2023 is submitted for approval. Recommended Action - Approve payment of the bills as submitted. Item 11G: Financial Statement Item IIFH:Bills 12. DEPARTMENT REPORTS Item 12A: Police Department ChiefLoughran has submitted a written report on the police department' s activities during the month. 6 Item 12B: Public Works Department Public Works Director Josh Surkovich has submitted a written report on the public works Community Development Director Danea Koss has submitted a written report on the community development department's: activities during the month. department's activities during the month. Item 12C: Community Development Item 12D: Recreation Department Item 12E: Codes Enforcement Recreation Director Dirk Johnson has submitted a written report on the recreation department's activities during the month. Ar monthly codes entorcement report was forwarded to Council. Item 12F: Ebensburg Municipal Authority Acopy oft the minutes of the last municipal authority meeting is included in Council's packet. Item 12G: Ebensburg Planning Commission- No activity Item 12H: Ebensburg Zoning Hearing Board - No activity 13. MEDIA COMMENISQUESIONS 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 oft the public are invited. to comment at this time on any issues, whether or not on the agenda. 15. EXECUTIVE SESSION. - Council will meet to discuss real estate and personnel matters. 16. ADJOURNMENT Copies of al! staff reports and documents. subject to disclosure that relate to any iteme ofbusiness referred to ont the agenda are available for publici inspection the Thursday before each regularly. scheduled meeting att the Borough office, located at3 300 West High. Street, Ebensburg, Pa. Any documents. subject to disclosure that are! providedto members oft the Borough Council regarding any item on this agenda are available for publici inspection at the Borough office orat In accordance with the Americans with Disabilities. Act, ify your needs special assistance to participate int this meeting, please contact the Borough office (814) 472-8780 ore chur@-henhurgpacom. Notification- 48-hours before the meeting will enable the Borough to make reasonable arrangements. to ensure accessibility to this meeting. wwwchemburpacom 7