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, May 22, 2023 6:30 p.m. Phone: 814-472-8780 E-Mail: burg@ebemsburgpa.com Website: wwwebensburgpa.com  ERIACOV  Mayor Randy Datsko  AGENDA  CALL TO ORDER & PLEDGE OF ALLEGIANCE  PUBLIC COMMENTS  Members oft the public are invitedi to comment at this time on any item appearing on the agenda.  1. 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 oft these items unless members oft the Council request specific items to be Item 6D: Approve report of] Inframark for the Wastewater Treatment Plant Operations. Item 6E: Approve report ofl Inframark for the Water Treatment Plant Operations.  removed for separate action.  Item 11D: Approve the minutes of the April 24, 2023 regular monthly meeting and the May 8, 2023  special meeting ofl Borough Council.  Item 11E: Approve the financial statement for April. Item 11F: Approve payment ofbills for May.  Recommended Action - Approve the consent agenda.  2. APPOINTMENTS TO. ADDRESS COUNCIL  3. CONSIDERATION OF ANY MOTION(S) TO. AMIEND AGENDA  1    4. MAYOR'S REPORT  Item 4A: Report on Police. Department 5. COUNCIL PRESIDENT COMMENTS  6. WATER, WASTEWATER & STORMWATER COMMITTEE  Ball, Kuhar & Miller  Item 6A: Ordinance #666: An Ordinance for compliance with the Unit Debt Act  Recommended Action: Rescind the final approval of Ordinance 6661 from the. April 24,  2023 regular meeting due to lack of proper advertising.  Item 6B: Ordinance #666: An Ordinance for compliance with the Unit Debt Act  Recommended Action: Grant final approval to Ordinance #666 determining the Borough toi incur lease rental debt under the Pennsylvania Local Government Unit Debt Act, by its guaranty ofa loan int the amount of $622,000.  Item 6C: Water Project - Lead and Copper Rule  The Municipal Authority has initiated the design phase of a water line replacement project. Funding: requirements. have already been updated to include elements ofthel Lead and Copper Rule. In order to proceed expeditiously with the procurement of funds for this project, residents and property owners within the project area have received letters requesting them to provide information and photos of their incoming service lines. Council is urging all residents who received notice int the mail toj please complete it and return to us as soon as possible.  Recommended Action- No action required at this time.  * Item 6D: 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 6E: 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.  7. RECREATION COMMITTEE  Jacoby, Miller & Owatt  2    8. STREET COMMITTEE  Ball, Houser & Owatt  Item 8A: High Street Waterline Project Paving Repairs  Due to continued cold temperatures, final paving repairs for last year's waterline project did not start until May 17h. The contractor is expected to complete the work by May 24t,  weather permitting.  Recommended Action - No action is required.  Item 8B: 2023 Street Paving Project  Bids were opened on May 18,2023 at noon. The Borough received two bids; all were accompanied with the required bid bond. The estimated cost for the project was $185,580 and sufficient funds are available in the 2023 budget to complete the work.  Quaker Sales Corporation New Enterprise Stone & Lime  $183,968.00 $175,572.30  Recommended Action - Award the 2023 Paving Project to the lowest bidder, New Enterprise  Stone & Lime Co, Inc. for at total of$175,572.00.  9. ADMINISTRATION COMMITTEE Item 9A: Police ChiefRetirement  Houser,Jacoby & Kuhar  Long-time ChiefofPolice, Terry Wyland, has formally announced. his retirement effective  July 1,2 2023. The position has been posted for receipt ofa applications. Recommended Action - No action required at this time.  Item 9B: Police Memorandum of Understanding  The current police contract states that thej police chief and assistant chief are required tol live within the Borough. Both parties have agreed to remove this clause from the contract. Recommended Action -4 Approve the MOA with the Ebensburg Police Officers to amend the language requiring residency oft the Chiefand. Assistant Chief. The residency oft the Police Chiefwill be removed with all officers hired after November 2009 required to reside within  15 air miles of the Borough.  10. DIVERSITY COMMITTEE  Kuhar & Houser  11. GENERAL BUSINESS  3    Item 11A: West Chester. Amicus Brief Participation  As with Ebensburg, West Chester, PA has an Ordinance that sets a stormwater fee for all parcels int the municipality. Currently West Chester isi in appeal to the Pennsylvania Supreme Court, as a lower court has ruled that the fee was at tax and therefore exemption should be granted to the Commonwealth and related entities. Staffis requesting that Council consider signing on to the briefin support ofWest Chester. In doing so, we would not actually be participating in the appeal, and there is no financial or legal obligation to thel Borough. Recommended Action- Dependent upon discussion in Executive Session.  Item 11B: Sale ofl Borough Equipment. Council approved the sale of various equipment which staff  subsequently advertised for sale. Numerous bids were received through Municibid. High  bids are: as follows:  LeeBoy Roller for $3,010.00 to. Justin DoRego Case Backhoe for $25,9001 to Luke Byrne Mower Deck for $429 to Willian Colbath 2011 Dodge Ram for $8,6001 to Tanner Walter Northstar Skid Sprayer for $2,285 to Anthony Vega  Recommended Action- Approve oft the sale oft the items listed above to thel highest bidders  for a total of $40,224.00.  Item 11C: Resolution #2023-03  Determining the value of various equipment previously used by the Police tol be in excess of Recommended Action - Approve Resolution #2023-03 determining value ofa 2015 Ford Explorer to bei in excess of $1,000 and authorizing for advertisement or sale.  $1,000 and authorizing for the advertisement or sale of property.  Item 11D: Minutes of Previous Meeting(s)  The minutes of the. April 2023: regular meeting and May 8, 2023 Special Meeting are Recommended Action - Approve the minutes oft the previous meeting.  presented for Council review and approval.  Item 11E: Financial Statement  The financial statement for April 2023 is presented for approval, as well as the 1St quarter Recommended Action - Approve the April 2023 financial statement and A list ofbills totaling $493,095.14: for May 2023 is submitted for approval. Recommended Action - Approve payment oft the bills as submitted.  transfers.  Item 11F: Bills  4    12. DEPARTMENT REPORTS Item 12A: Police Department  Chief Wyland 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  department's: activities during thei month.  Item 12C: Community Development Item 12D: Recreation Department Item 12E: Codes Enforcement  Community Development Director Danea Koss has submitted. a written report on the community development departmenf'sactivties: during the month.  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  Ac copy oft the minutes oft the last municipal authority meeting is included in Council's packet.  Item 12G: Ebensburg Planning Commission- No activity Item 12H: Ebensburg Zoning 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. EXECUTIVES SESSION- Council will meet to discuss legal and personnel matters.  16. ADJOURNMENT  5    Copies ofa al!s staff reports and documents subject to disclosure that relate to any item ofbusiness referred to on the agenda are available for public inspection the Thursday before each regularly scheduled meeting att the Borough office, located at 300 West High Street, Ebensburg, Pa. Any documents. subjectt to disclosure that are! provided to members oft the Borough Council regarding any item ont this agenda are available forp publici inspection at thei Borough office ora at In accordance with the Americans with Disabilities. Act, ifyou need special assistance top participate int this meeting, please contact the Borough office (814)4 472-8780 or cbur@-bensburgpacom. Notification 48-hours beforet the meeting will enable thei Borough to make reasonable arrangements toe ensure accessibility tot this meeting.  WwM.heseNpaen  6