Borough Council Cecilial Houser, Vice-President Jeffrey Ball Theresa Jacoby Davel Kuhar Robert Miller Michael Owatt  Ebensburg Borough Council Meeting Doug' Tusing, President  OFEBEN - ERIA COVS  Monday, November 21, 2022  6:30 p.m. Phone: 814-472-8780 E-Mail: urgeebemsburgpa.com Website: www.ebensburgpa.om  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 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 ofthe Council request specific items to be Item 6A: Approve report of Inframark for the Wastewater Treatment Plant Operations Item 6B: Approve report ofInframark: for the Water Treatment Plant Operations  removedj for separate action.  Item 11D: Approve the minutes of the October 24, 2022 regular monthly meeting of Borough Council.  Item 11E: Approve thei financial statement for October andi the quarterly transfers.  Item 11F: Approve payment ofbills for November.  Recommended Action - Approve the consent agenda.  2. APPOINTMENTS TO ADDRESS COUNCIL  3. CONSIDERATION OF ANY MOTION(S) TO. AMEND AGENDA  1    4. MAYORSREPORT  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: High Street Water Line Replacement Project  Work began on Monday,June! 20th. Substantial occurred by September 29,2022. As mentioned at last month's meeting, final completion is now expected by May 2023, due to an extension granted by thel Municipal Authority. The delay will allow the project trench areas to settle and  al better final project will be achieved by delaying the final pavement.  Recommended Action - No action required  7. RECREATION COMMITTEE  Jacoby, Miller & Owatt  8. STREET COMMITTEE  Ball, Houser & Owatt  9. ADMINISTRATION COMMITTEE Item 9A: AFSCMELabor. Agreement  Houser, Jacoby & Kuhar  The administrative committee has reached a tentative agreement with AFSCME. The current  Collective Bargaining Agreement expires at the end of2 2022.  2    Terms ofthe proposed 4-year Agreement include: Laborer Ij position increased to $22.24 an hour for 2023). 2) Uniform allowance increased from $500 to $600. 3) Dental increased from $400 to $500.  1) Wagei increases of 4%, 24%, 3%, 2%% over the four years (except that wage for the  4) Dependent health coverage willl be reinstated to employees. Employees will continue to contribute tot the insurance as was previously determined int the agreement. 5) Employees hired after 1-1-2023 will be ablet toj join al Defined Contribution Plan, rather than the existing Defined Benefit Plan. This change was previously implemented tol Non- 6) There were multiple changes in thel language oft the agreement concerning sick time, leaves ofa absence, family sick time and overtime. Thej provisions still exist but clarification was required to stipulate when the leave can bet taken. Language was also inserted regarding the use of outside contractors and union work donel by a supervisor. 7) Sick time accumulation was capped at 120 days and employees leaving work due to retirement or disability will receive 90 days of pay (increased by 15 days) at the rate of All provisions of the proposed Agreement have been included in the 20231 budget. Recommended Action - Approve the AFSCME Collective Bargaining Agreement for 2023-  Union hires effective 1-1-2021.  $40/day.  2026.  Item 9B: 2023. Annual Budget  The administrative committee has compiled ai tentative 2023 budget for Council's: review.  The 2023 Operating Budget calls for revenues of $6,673,705 and expenditures of $6,673,705. The general fund budget is balanced with the implementation of an increase ini real estate taxes amounting to 3.75 mills. It should be noted that the Borough has not enacted any tax increase in  the past 13 years.  Revenues $2,320,170 $2,137,795  Expenditures $2,320,170 $2,137,795 $1,987,240 $228,500 $6,673,705  Surplus $0 $0 $0 $0 $0  General Fund Budget Water Fund Budget  Wastewater Fund Budget $1,987,240 Stormwater Fund Budget $228,500  Total Operating Fund  $6,673,705  The General Fund Budget reflects an increase of16.5% over last year. This increase is primarily due to higher costs of wages and benefits for borough personnel and overall inflation in supplies  3    and services. Inj particular, the budget reflects thel hiring of an additional full-time police officer to reduce anticipated overtime and to ensure. 24/7/365 coverage, mainly due to difficulties The Water Fund Budget increased by 13.85%, primarily due to added personnel costs, as well as contractual increases in water plant operation due toi inflation. The Wastewater Fund Budget experienced an increase of4.4%. At this time, neither of these funds requires an adjustment in rates. Wastewater has had a small surplus ofrevenues over expenditures for several years, but this year, it will balance. The Water system has consistently experienced an increase in bulk  encountered in reliably securing part-time officers utilized in the past.  water sales which are projected to continue in 2023.  Recommended Action - Grant tentative approval tot the 2023 annual budget and advertise for  public inspection.  Item 9C: Ordinance #665 Regarding 2023 Taxes  The Borough must pass an ordinance for taxes if the rate is being increased.  Recommended Action - Grant tentative approval to Ordinance #665 establishing the tax rate for general purposes to thes sum of 36.75 mills for assessed valuation for land, 11.75 mills for assessed valuation fori improvements, plus continuation ofa dedicated tax for stormwater management equal to 2.5 mills of assessed valuation for land. Overall, this equates to an  overall average tax rate of16.75 mills.  Item 9D: Salary Resolution  A Resolution is adopted each year to establish the wages to be paid to borough employees. AFSCME and FOP wages increase in accordance with labor contracts, and as is historically the case, non-union employees receive the same adjustment as negotiated with AFSME. The Administrative Committee further recommends that 1) thel Borough increase salaries for office staff to $18.00 per hour in order to bring them upt to the average rate paid for similar jobs in] Boroughs the size of Ebensburg within our region. Lastly, the staff recommends a one-time adjustment in the salary oft the Community Development Director. This increase is fully supported by the Ebensburg Mainstreet Partnership who reimburse the Borough for 50% oft the wages paid fort that position. Other wages arei reviewed and recommended by the Administrative Committee as part oft the budget development process. The 2023 budget Recommended Action - Adopt Resolution #2022-16 establishing wages for 2023.  reflects the wages as per the proposed Resolution.  10. DIVERSITY COMMITTEE  Kuhar & Houser  4    11. GENERAL BUSINESS  Item 11A: Ordinance #664 regarding thei revised Fireworks Law  The Borough has the right to regulate fireworks within the borough and this ordinance provides consumer: fireworks permit by exception. The exceptions are as: follows:  (a) that no one under the age of1 18 will purchase, possess or use Consumer Fireworks;  (b) that Consumer Fireworks will not be used on private property or on public property, including, but not limited to, streets, parking lots, sidewalks and parks, without the express permission oft the owner or entity that controls the property; (c) that the Consumer Fireworks will not be used within, directed at or directed from a' "vehicle" or "building" as those two terms are defined in the Law; (d) that the Consumer. Fireworks will not be directed at another person; (e) that the Consumer Fireworks will not be used by aj person who is under the influence ofalcohol, a controlled substance or another drug; and (f) that the Consumer Fireworks will not be used within 150 feet ofal building or vehicle, whether or not the building or vehicle: is owned by the user ofthe Recommended Action - Grant final approval to Ordinance #664 establishing procedures and  Consumer Fireworks  requirements pertaining to consumer fireworks permits.  Item 11B: Resolution #202-17implementing Act 57 of2022  Pennsylvania recently enacted. Act 57 which amends the Local Tax Collection Law to provide waivers for additional fees due to unpaid real estate taxes. These waivers only appl in certain circumstances if submitted within 121 months ofa a qualifying event. This resolution: requires the tax collector to waive additional charges for taxpayers whol have purchased al home within  the last twelve months and have not received al bill.  Recommended Action - Approve Resolution #2022-17: requiring the Tax Collector to comply Determining the value of 2006 Case 580 Backhoe to be in excess of $1,000 and authorizing Recommended Action - Approve Resolution #2022-18 determining value of 2006 Case 580  with the Provisions of Ace 57.  Item 11C: Resolution #2022-18  for the advertisement or sale of property.  Backhoe and authorizing for advertisement or sale.  Item 11D: Minutes of Previous Meeting(s)  The: minutes of the October 24, 2022 regular meeting arej presented for Council review and  approval.  Recommended Action - Approve the minutes oft the previous meeting(s).  5    Item 11E: Financial Statement  The financial statement for October 2022 and the 3rd quarterly transfers is presented for Recommended Action - Approve the October. 2022 financial statement and quarterly Al list ofbills totaling $707,084.98 for November 2022 is submitted for approval. Recommended Action - Approve payment oft the bills as submitted.  approval. transfers.  Item 11F: Bills  12. DEPARTMENT REPORTS Item 12A: Police Department  Chief Wyland has submitted a written report on thej police department's activities during the Public Works Director Josh Surkovich has submitted a written report on thej public works Community Development Director Daneal Koss has submitted a written report on the community development department' s activities during the month.  month.  Item 12B: Public Works Department Item 12C: Community Development Item 12D: Recreation Department Item 12E: Codes Enforcement  department's: activities during the month.  Recreation Director Dirk. Johnson has submitted a written report on thei recreation department's  activities during the month.  Ai monthly codes enforcement report was forwarded to Council.  Item 12F: Ebensburg Municipal Authority  Acopy of the minutes ofthel last municipal authority meeting is included in Council's packet. side lot addition with an exemption oft the side yard setback for thej property ofDavid and Sandra Cuppett. The side lot addition is from 701 West High Street to 706 Benjamin Franklin Recommended Action - Approve the side lot addition from 701 West High Street to 706  Item 12G: Ebensburg Planning Commission - The Planning Commission recommended for approval the  Highway.  Benjamin Franklin Highway.  Item 12H: Ebensburg Zoning Board 1 1st Summit applied for a Special Exception before the Zoning  Hearing Board  6    13. MEDIA COMMENISQUESIONS  Representatives oft thei 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- Only if necessary with specific reason stated beforehand.  16. ADJOURNMENT  Copies ofalls staff reports and documents: subject to disclosure that relatei to anyi item of business referred to ont the agenda are available for publici inspection the! Thursday before each regularly scheduled meeting att thel Borough office, located at 300 West High, Street, Ebensburg, Pa. Any documents. subject to disclosure that are provided to members oft the Borough Council regarding any item on this agenda are available for publici inspection att the Borough office orat In accordance with the Americans with Disabilities. Act, ifyou need special assistance to participate in this meeting, please contact the Borough office (814) 472-8780 ore hurg@abensburgpacom. Notification 48-hours before the meeting will enable the Borough to make reasonable arrangements to ensure accessibility to this meeting.  wwmhensburps.cem  7