EBENSBURG BOROUGH COUNCIL PRESIDENT’S TOWN HALL MEETING ADDRESS
June 17, 2020
As indicated in the Agenda, my comments are broken down into three main areas: 1) the parade itself, 2) post-parade activity, and 3) some steps moving forward. Please understand that many of these comments reflect my personal thoughts and opinions, and as such, do not necessarily reflect the thoughts and opinions of the Mayor, other Council members, or Borough staff. Any formal statements or actions resulting from this meeting would require discussion, deliberation and potentially voting during a regular public meeting of Ebensburg Borough Council.
I’ll start by providing some background information about the recent Ebensburg Memorial Day Parade, which has been an annual community tradition as long as any of us can remember. The event is a cooperative effort between the Borough, the American Legion, the Veterans of Foreign Wars, and Dauntless Fire Company. Over the years, the Borough has evolved somewhat into the lead role as the overall event planner and organizer. In particular this year, due to the Covid-19 pandemic, planning was disrupted, and it appeared there would not be a formal celebration. But the idea for a “roving parade” emerged, and plans were quickly implemented, on somewhat short notice. In an attempt to make the event as meaningful as possible and to appropriately honor the service and sacrifice of our veterans, an open invitation was offered for the solicitation of participants. As is in the past, participants were requested to contact the Borough office ahead of time, but not all did.
When the parade began to form, an individual from outside the Borough displayed the confederate flag, together with the American flag, on his tractor. The judgment of Borough police at the scene was that the use of that symbol was protected by the individual’s First Amendment rights, and as such, no action could be taken to stop the participation of the individual or to force him to remove the flag. This was confirmed by our Solicitor’s formal legal opinion which states:
“Had the Borough attempted to prohibit the flying of the confederate flag when participants were lining up, the Borough could have violated the First Amendment rights of the individual flying the confederate flag. The same could have been true had the Borough attempted to remove the flag from the parade once it began.” He goes on to say that the Borough “cannot prohibit individuals from presenting the confederate flag on public borough-owned property and in borough-organized parades open to the public and on public streets.”
Before going any further, I want to make it totally clear that no person or group involved with the Borough in any way had prior knowledge or indication that the confederate flag would appear in the parade. To the contrary, given that such an issue had never arisen in past years, its appearance was completely unexpected. That said, we do understand that the image of the confederate flag, especially with a Borough police car directly behind it, could give the impression that the display was somehow pre-planned or organized by the Borough. I am 100% confident in stating for the record that it was not.
From a purely legal perspective, the bottom line is this – as a governmental body, the Borough does not have the constitutional authority to limit speech, including the display of flags or other symbols, on public property. Period. Given that, although it may be deemed as offensive by some, in this instance, the display of the flag was perfectly legal and constitutionally protected. With that as a basis, please understand that we are not here this evening to discuss or debate the merits of the First Amendment. It is the law of the land, and it remains alive and well. As with all laws, the Borough will continually strive to fully respect it and abide by it.
But as we all know, just because something is legal, does not necessarily make it “right”. Regardless of one’s personal feelings regarding the confederate flag, the appearance of the symbol in our parade flies in the face of the very freedoms that so many before us have fought for – and died for – men and women, of all races, religions and backgrounds. Earlier today, I spent a few moments at the Soldiers and Sailors Memorial in downtown Ebensburg which lists thousands of the names who served – all Cambria County citizens – and of course, some of were killed in combat. Almost 3,000 names appear on the 19 plaques dedicated to our Civil War servicemen. I was personally surprised by the fact that I recognized many surnames from families who still reside in town. Unfortunately, the presence of the confederate flag in our parade dishonored what was otherwise intended to be a meaningful and solemn tribute to those who paid the ultimate price in defending our country and our freedoms. If for no other reason, all of us, as Americans, should be outraged and offended.
But, there is more…. When a distinguished and noble institution such as the United States Marine Corps or the United States Navy takes the bold step to ban a symbol from their installations, we should all take notice. On April 20 of this year, in a letter to members of the Corps from Marine Corps Commandant, General David Berger, states that:
The Confederate battle flag “has the power to inflame feelings of division.” He added, “I am mindful that many people believe that flag to be a symbol of heritage or regional pride. But I am also mindful of the feelings of pain and rejection of those who inherited the cultural memory and present effects of the scourge of slavery in our country.”
I understand that it can be difficult for some to comprehend how a singular image – like that of the confederate flag – can elicit such fear, anxiety and division. But it does. And, it did in the case of our parade. Should an Ebensburg family ever feel the need to quickly rush their children into the house immediately as the confederate flag is paraded by their front lawn? Imagine the horror as their sense of elation, their uplifting spirit of patriotism and their feelings of gratitude toward our departed military were suddenly shattered by the passing image of that confederate flag. That thought disturbs me deeply.
Clearly, as a country, we have much work to do to address racism and intolerance at all levels – interpersonal, structural, and institutional. As a Borough, I believe we have an obligation to our community members to do this as well, and I, for one, take that obligation very seriously. For these reasons, I respectfully invite the Mayor, my fellow Council Members, and all Borough staff to join me in the formal denunciation of this offensive and hurtful display.
I believe that even before the parade had ended, the Borough began receiving complaints regarding the presence of the flag. These came from both white residents and residents of color, who told us in respectfully written messages, that they felt that the confederate flag was not welcome in the parade and that they and other community members watching with them were hurt to see it.
Let me just say that our overall response as a Borough was well below our own standards. Mistakenly, we handled this situation in the same manner as with other complaints – assess the relevance and urgency of the issue, consider possible courses of action, etc. This case was inherently more complicated by the legalities involved, which required research and input from our Solicitor. Although some Borough work was underway in the background, our limited communication created the perception that the issue was not viewed as important and was not being given adequate attention. An informal group named “Inclusive Ebensburg” was formed, and an online petition seeking a ban of the Confederate flag at all Borough-sanctioned events was launched. In short, we were slow to react and did a poor job of communicating in a timely manner with those who complained. As Council President, I accept full responsibility for this communication failure, and I offer my most sincere apology to those who had initially reached out to us, as well as to all other borough residents who are being negatively affected by this situation.
The online petition I mentioned seeks the banning of the confederate flag from all Borough events. Recently, both the Johnstown Tribune-Democrat and the Altoona Mirror have published editorials in support of that idea. But as already stipulated, as a governmental body, the Borough has no authority to limit free speech in public areas, including the streets and sidewalks where events are held. Therefore, no matter who might support the idea, or how many signatures may be obtained on a petition, we simply cannot legally do what is asked.
Yet, I believe that some concrete actions are warranted. All of us should be able to agree that the Borough and its residents do not want the Memorial Day Parade, or any other festival, event or celebration to become a hurtful or divisive issue in our community. We want Ebensburg, and any events that take place within it, to be welcoming and family-friendly to all residents and visitors. As such, and in accordance with the Solicitor’s advice, it is anticipated that the Borough would take future action which “prohibited the Borough itself from organizing parades, and required future parades and events, such as PotatoFest, to be organized by private groups. Any content restrictions would then be permitted at the sole discretion of the private organizer.”
The fact is that essentially every event held within the borough, with the exception of the Memorial Day Parade, is already sponsored and/or managed by independent, third-party organizations. Most fall under the umbrella of the Ebensburg Mainstreet Partnership, a separate 501(c)(3) non-profit that represents business interests in both the Borough and the surrounding Cambria Township. The Partnership has its own board and bylaws, and although it works in cooperation with the Borough in many areas, it remains a separate entity. Another example is the Thanksgiving Day “Turkey Trot” 5K, which is sponsored and organized by the Ebensburg Running Club, again, a totally separate organization. Such groups are free to design, organize and implement events and activities that they deem are appropriate to the message they wish to convey.
In addition to the Borough’s expected action to divest itself from the “organizer” role in parades or events, I further hereby request that the Borough Manager draft an ordinance to regulate parades, events and other demonstrations for future Council consideration. Such an ordinance is very common in other municipalities and cities around the Commonwealth, providing a general framework for various organizations to follow with regard to these activities.
Thank you all for your time and attention. For the record, I am happy to provide a full copy of these remarks in writing to the media or to anyone else who desires.
Faithfully prepared and submitted by:
Doug Tusing, President
Ebensburg Borough Council
PUBLIC COMMENT PERIOD
We will now move on to the Public Comment portion of the Town Hall Meeting. To safely maintain a smooth flow of speakers, we will entertain comments in the following order:
1) Members of the group “Inclusive Ebensburg” and/or others who submitted written/email complaints
2) Ebensburg Borough residents and/or taxpayers
3) Any other participants who wish to speak
– I sincerely thank all who participated this evening
– I give my personal commitment to carefully consider all comments made from either side
– I am sorry that this incident occurred and for the hurt it has caused
– I appreciate those who were willing to step forward and bring this issue to the forefront
– This is a wonderful town, full of good and well-meaning people. Yet, we must all strive to do better with regard to tolerance and inclusion – not just with regard to race, but in other areas of diversity as well
– The only real way forward is through open dialogue, education and discussion; there are many resources available
– While we do have some specific actions to work on, we should all recognize that this is the beginning of a journey, not the end
– So let’s join together, as a community, and build a model to set an example of how this can all work – peacefully, intelligently and respectfully
– Because in the end, we cannot allow this incident to define us and we must not allow this incident to divide us
Thank you, good night, and please continue to be safe.
EBENSBURG BOROUGH SET TO REOPEN RECREATIONAL FACILITIES
Ebensburg – Ebensburg Borough has announced the reopening of the Ebensburg Tennis Center, Memorial Fields, Lake Rowena Field, parks & playgrounds effective Friday, June 5th. The Young Peoples Community Center (YPCC) will reopen effective Monday, June 8th.
“We remind all residents that the threat from Covid-19 is not over, and that basic precautions are still important,” said Recreation Director Dirk Johnson. “All adults should still be wearing face masks and social-distancing guidelines should still be followed.”
EBENSBURG BOROUGH TO OPEN SWIMMING POOL
Ebensburg – Ebensburg Borough Council has approved the reopening of the Ebensburg Swimming Pool effective Saturday, June 13th. Because of the ongoing threat of Covid-19, several safety measures will be in place when the pool opens.
“We know that our residents are anxious to see things return to normal, and we want to have the pool open this summer,” said Recreation Director Dirk Johnson. “But we also recognize that we have to do so while keeping the safety of the community in mind.”
In order to keep the number of patrons at a safe level and maintain social-distancing, use of the pool this summer will be limited to permanent residents of the Central Cambria School District including Holy Name Elementary and Bishop Carroll High School. The capacity will be limited to 200 persons this summer and social-distancing guidelines will be enforced.
Admission will be by pre-sold pool passes only. Pool passes can be purchased for the entire summer or for multi-visits. Passes are available in advance at the Young Peoples Community Center or at the pool on or after opening day. One-day admissions will not be available this summer.
All patrons and staff will have their temperature checked before entering the facility. Face masks will be required for all adults entering the facility and while walking around the pool area. Children will not be required to wear face masks, and nobody should wear a face mask while in the water.
Deck chairs will not be provided this year, but patrons are permitted to bring their own chairs. No pool toys are permitted.
“We believe that by implementing these few restrictions at our pool we can provide our residents with summer fun and still safeguard everyone’s health and safety,” said Johnson
Pool Opening Day:
Saturday, June 13, 2020
Monday – Thursday 12pm – 7pm
Friday – Sunday 12pm – 6pm
Everyday – 3:00 pm – 3:30 pm
Individual (19-64) $120
Individual Child (4-18)/ Senior (65+) $100
2 Person Pass $160
Additional Dependents $25
Individual (19-64) $150
Individual Child (4-18)/ Senior (65+) $130
2 Person Pass $185
Additional Dependents $25
Multi-Visit Rates – Minimum of 5 Days
Adult (19-64) $25
Child (4-18) $15
Senior (65+) $15
Additional days for the multi-day visits would be $5 for adults/$3 for all others, per day.
Contact the YPCC with any questions: 814-472-4277.
The Borough of Ebensburg is currently seeking proposals for the collection of garbage, rubbish, refuse, recyclable materials, and an annual spring trash pickup for the period January 1, 2021 through December 31, 2023. Click on link below to view attached document:
TEMPORARY OPERATIONAL CHANGES DUE TO THE CORONAVIRUS (COVID-19)
The Borough’s focus is to work with county, state and Federal officials to limit the spread of this virus. This being the case, the Borough of Ebensburg is modifying its operations to protect our residents and employees as a response to the current Coronavirus outbreak. All interaction between the public and borough staff will now be conducted by telephone or e-mail.
BOROUGH-OWNED BUILDINGS ARE ALL NOW CLOSED TO THE GENERAL PUBLIC. PAYMENTS FOR BOROUGH WATER/SEWER/STORMWATER/GARBAGE AND ALL PERMITS, PROGRAMS AND PARKING TICKETS WILL BE ACCEPTED IN A DROP BOX AT THE FRONT DOOR OF THE MUNICIPAL BUILDING, ON-LINE, THROUGH THE MAIL OR BY TELEPHONE.
At this time, our offices will remain open for essential Borough business. We are promoting the practice of social distancing. Visitors are not permitted in the building for any purpose. No meetings with visitors will be scheduled at this time, and it is requested that residents call our office, or email Borough staff, to discuss concerns or ask questions before coming to the Borough offices. By working together to limit social contact, we all can aid in protecting the most vulnerable residents in our community.
In order to ensure the safety of all our residents and staff, the following operational changes for the following Borough departments have been implemented until further notice:
The Administrative Offices are working under normal office hours, with the exception of in-person meetings. Any emails, telephone calls, as well as complaints will be responded to as soon as possible.
The collection of your garbage and recycling has not been affected and is still on your normal collection day.
Contacting the Borough Departments:
Borough Manager Dan Penatzer – 814-472-8780 firstname.lastname@example.org
Borough Front Office – 814-472-8780 email@example.com
Public Works Director Jeff Evans – 814-472-8780 firstname.lastname@example.org
Recreation Director Dirk Johnson – 814-472-4277 email@example.com
Tax Collector Charlene Remillard – 814-846-4764 firstname.lastname@example.org
Community Dev. Director Danea Koss – 814-472-8414 email@example.com
Police Department – 814-472-8930 firstname.lastname@example.org
Mayor Randy Datsko – 814-472-8780 email@example.com
Building Codes & Permits – 814-471-0424 firstname.lastname@example.org
Police emergency operations will not be limited, however, the method of communication and service for non-life-threatening calls will be altered. Police Officers may limit their own access to confined areas including homes and businesses. Officers may be requesting callers to meet outside and will maintain a social distance. If and when possible, Officers will be requesting phone numbers to take reports by phone or may request e-mails for detailed information.
We strongly request that you be honest about any illnesses when requesting assistance from police, fire, and EMS. Our first responders cannot provide the necessary services if they have been exposed to a potential virus. If you believe you are experiencing the symptoms of the Coronavirus, follow the directives of the CDC and communicate with your doctor to determine the best measures.
The police, fire and EMS services are here and will continue to provide the services you need. It may look and feel much different, but they will provide the service regardless.
COMMUNITY SERVICES DEPARTMENT (RECREATION & PUBLIC WORKS):
The community parks and playgrounds are still open at this time. Parks are not cleaned on a regular basis, and the public uses those at your own risk. Please take the appropriate steps to social distance and no gatherings more than 10 are recommended. Restroom facilities at all parks are closed.
The YPCC is closed to the general public and staff is taking this time to do extra spring cleaning in anticipation of your return later this year.
The Tennis Center is closed to the general public.
The pool is still scheduled to open on May 23rd subject to the situation at that time.
LAND USE, ZONING OPINIONS, LAND DEVELOPMENT APPLICATIONS, SUBDIVISIONS
Contact the Borough Manager’s office above.
MEETINGS OF BOROUGH COUNCIL AND ALL BOARDS, AUTHORITIES AND COMMISSIONS
Meetings are being held as scheduled, but only by teleconference. If the public wishes to submit issues or questions to Borough Council or any board, authority or commission, it must be submitted to the Borough Manager by mail, e-mail or telephone prior to the meeting. If it is desired or necessary for any person to speak or actually participate during the meeting, arrangements can be made through the Borough Manager’s office for joining the teleconference.
All applications relating to borough business can be found on-line at www.ebensburgpa.com under “On-line Applications”.
PLEASE MONITOR THE BOROUGH’S WEBSITE AND FACEBOOK PAGE FOR INFORMATION REGARDING THE CORONAVIRUS, CDC AND COUNTY HEALTH DEPARTMENT ANNOUNCEMENTS AS WELL AS BOROUGH OPERATIONS AS WE MOVE THROUGH THIS CRISIS TOGETHER. THANK YOU!
The Ebensburg Main Street Partnership will be printing new member directories this year which will include our new map of Ebensburg! If you’re interested in having your business listed on the back side of the map, join the Partnership today! It’s FREE for new members and just $50.00 a year for returning members. The deadline to be included on the map is Friday, February 14th.
FOR IMMEDIATE RELEASE
Contact: Danea Koss (814-472-8414)
October 15, 2019
EBENSBURG HISTORIC DISTRICT RECEIVES LISTING ON NATIONAL REGISTER OF HISTORIC PLACES
Ebensburg – Ebensburg officials are pleased to announce that their historic district nomination has been approved by the National Park Service for listing on the National Register of Historic Places.
The National Register of Historic Places is the nation’s official list of properties that are recognized for their significance in American history, architecture, archeology, engineering and/or culture. National Register properties can include districts, sites, buildings, structures, and objects and they can be significant to a local community, a state, a Native American tribe, or the nation as a whole.
Ebensburg’s period of significance spans 162 years, ranging from 1799 to 1961. Its areas of significance fall into commerce and architecture. There are three distinct eras in Ebensburg’s history:
• 1799-1850 saw Ebensburg’s early settlement and its importance was established as a turnpike route, securing its position as a center of commerce and service for travelers along this major east-west route;
• 1850-1915 brought the completion of the railroad, railroad era tourism and the rise and impact of the automobile;
• 1915-1961 started with the devastating fire of 1915 and then the rebuild as an automobile oriented commerce, which changed travel and spending habits until the opening of the US 22 downtown bypass in 1961.
The district is bounded roughly by Highland Avenue, West Street, Sugar Street and Triumph Street. It includes 422 contributing buildings and sites and 161 noncontributing. Buildings that contribute to the historic district retain integrity; their form and/or architectural details reflect their construction during the 1799-1961 period of significance. Buildings whose materials have changed, but without altering the overall design, still contribute to the historic district. The noncontributing properties were either constructed after 1961, or have been altered to an extent that they no longer reflect their historic appearance.
“The historic nature of Ebensburg Borough is one of the many positive aspects of the community that helped our family decide to move here in 2002. Thanks to the hard work of Borough staff and many dedicated volunteers, we can all be proud that Ebensburg has now been nationally recognized for its historic significance. This designation should prove to be a useful tool with regard to further economic development and increased local tourism,” said Doug Tusing, Borough Council President.
Efforts to establish a national register historic district began in the late 1990’s under the direction of local resident, Dr. John “Jack” Coleman. Dr. Coleman served as Professor Emeritus at St. Francis University where he taught history for 40 years and was past president of the PA Historical Association and Cambria County Historical Society. When Dr. Coleman fell ill, the nomination process was put on hold. Borough staff and officials revived the process a few years back, with the help of interested local residents. Mr. Dave Huber, vice president of the Cambria County Historical Society, and Ms. Gina Tusing were staunch supporters who volunteered their time for months to help put together a needed inventory of properties. “We could not have achieved this distinction without the help and support from many volunteers who championed our cause and saw this process through to the end,” said Danea Koss, Community Development Director.
The National Register of Historic Places program is administered by the National Park Service. In Pennsylvania, the program is managed by the Pennsylvania State Historic Preservation Office (PA SHPO), which is a bureau within the Pennsylvania Historical and Museum Commission (PHMC). Under Federal Law, the listing of a property in the National Register places no restrictions on what an owner may do with their property up to and including destruction, unless the property is involved in a project that receives Federal assistance, usually funding or licensing/permitting.
The complete nomination can be viewed at the following link, along with a property inventory, and select photographs: https://gis.penndot.gov/CRGIS/Application/ASPNET/Report/Report.aspx?R=108&T=KEYNO&I=103074