195  City Council Meeting Minutes - September 19, 2022  City Council Chambers, City Building, 16 W. Scribner Avenue, DuBois, Pennsylvania on Monday, September 19, 2022 @7p.m.; Council convened att their regular City Council Meeting with Mayor Walshi int the Chair. Other Council Members present were: Jim Aughenbaugh, Diane Bernardo, Shane Dietz and Shannon Gabriel. Also present were: City Manager,John "Herm" Suplizio; City Solicitor, Toni Cherry; City EngineerPublicWorks Director, Chris Nasuti; Redevelopment. Authority Director/Assistant Public Works The meeting was called to order by7P p.m. andi the Pledge of Allegiance was led by Mayor  Superintendent, Joel Mitchell; and Police Chief, Blaine Clark.  Walsh.  Absent: City Controller, David Volpe Approval of Minutes  Public Hearing- - Council Billl No. 1967 - Debt Ordinance - September 6, 2022 Ther motion was made by Aughenbaugh and: seconded by Gabriel that Council approve the Public Hearing Minutes of September 6, 2022 concerning Council Bill No. 1967- -Debt Ordinance as presented by the City Secretary. Roll call vote was as follows: Aughenbaugh, yea; Bernardo, yea; Dietz, yea; Gabriel, yea; Walsh, yea. Motion passed5-0. Ther motion was made by Gabriel and: seconded by Dietz that Council approve the City Council Meeting Minutes of September 6, 2022 as presented by the City Secretary. Roll call vote was as follows: Aughenbaugh, yea; Bernardo, yea; Dietz, yea; Gabriel, yea; Walsh, yea. Ther motion was made by Dietz and: seconded by Gabriel that Council approve the Work Session Meeting Minutes of September 15, 2022 as presented by the City Secretary. Roll call vote was as follows: Aughenbaugh, yea; Bernardo, yea; Dietz, yea; Gabriel, yea; Walsh,) yea. The motion was madel by Aughenbaugh and seconded by Gabriel that Council approve the Purchase Order by Listing by Vendor Name dated September 15, 2022 int the amount of $525,551.31 andt the Check Register by Check ID dated September 15, 2022 ini the amount of $12,546.45 as presented byt the Finance Officer. Roll cally vote was ast follows: Aughenbaugh, yea; Bernardo, yea; Dietz, yea; Gabriel, yea; Walsh, yea. Motion passed5-0.  City Council Meeting Minutes - September 6,2022  Motion passed5-0.  Work Session Meeting Minutes - September 15, 2022  Motion passed5-0. Approval ofl Registry of Invoices  Public Comments: No Public Comments Planning Commission Recommendation: Dennis Raybuck- - Modification- -208 E. Sherman Avenue  City Solicitor Cherry informed Council that the original request fora a modification was not recommendedi for approval by the Planning Commission because the application was not supported withi thep proper justification1 fori the request. Cherry went on to say, that the owner has submitted new information demonstrating that the modification is being requested to provide an accessible entrance toi the basement and that there is no other location available toj provide the required entrance. Cherry stated that ther new justification was reviewed byt the City Engineer andt the Codes Officer and discussed with the members of thel Planning Commission.. As a result of these reviews and discussions, the Planning Commission is recommending approval oft ther requestedi modification. The motion was madel by Aughenbaugh: ands seconded by Gabriel that Council accept the recommendation of our City Engineer and City Solicitor and approve the Modification changing the front setback from 35't to: 21. Roll call vote was asf follows: Aughenbaugh, yea; Bernardo, yea; Gabriel, yea;  Dietz, yea; Walsh,yea. Motion passed 5-0.    196  City Council Meeting Minutes - September 19, 2022 (Cont'd.)  Not trucks on Maple avenue witht the exception of local deliveries  City Manager Suplizio stated that as a result of thet turn-back program with PennDOT, DuBois now owns Maple Avenue and East Park Avenue, similar to Main Street and DuBois Street. He asked council to consider restricting truck traffic on Maple Avenue and East Park Avenue to local traffic only, similar to what they did on Main Street and DuBois Street. The motion was made by Aughenbaugh: and seconded by Gabriel that Council direct the City Solicitor to draft an ordinance adding Maple Avenue and East Park Avenue toi the list of streets restricting truckt traffici tol local deliveries only. Roll call vote was as follows: Aughenbaugh, yea; Bernardo, yea; Gabriel, yea; Dietz, yea; Walsh,) yea. Motion passed 5-0. City Solicitor Cherry read ane emailt that was submitted to City Council from resident Bill Allenbaugh. The email requested that electric bikes ber restricted from using the walkway. Manager Suplizio stated that the walkway rules already prohibit all bikes from passing pedestrians ont the walkway andi recommendedi that the issuel be referred to the police. Chief Clark stated that the police willl looki into the issue andy will enforcei ther rules of the walkway. Councilwoman Gabriel also reminded everyone that all dogs ont the walkway must Maple Avenue - Thet traffic patterns and detours willl be changed on September 26, 2022.  Electric Bikes on Walkway- - Email from Bill Allenbaugh  be onal leash. Updates:  Reservoir- Currently 5" down Councilwoman, Diane Bernardo  Stated that she was proud of Councilwoman Gabriel for speaking up and defending Stated that Council does not need to be "lead by ther nose" on consolidation. They are capable ofr reading thei information andi making their own decisions ont thei issues. They do not need a consultant tor review everything. She felt that the letter read! by Supervisor Mollica at the 10-person committee meeting wasj juvenile.  herself and council at the earlier 10-Person Committee meeting.  Councilman, Shane Dietz  Stated thatt the Sandy! Lick Creek rehabilitation project was looking good andl he was happy Reminded everyone that Sandy Township first brought up thei issue of consolidation. Since that time, Sandy Township has been the municipality challenging each step takeni ini the  tol hear that ther reservoir levels were at a normal elevation.  City Manager, John "Herm" Suplizio  process.  City Solicitor," Toni Cherry  Thei first point of discussion was to address thei issue raised in the 10-Person Committee meeting regarding the appropriateness of codes usedt to form the Transition Committee. She emphasized that Council was correct ini not using Section 734 because consolidation was initiated byt the voters, nott the two municipal governments. Sher reiterated that Sections 735 and 737 were, ini fact, the correct Hers second comment addressed the manager's contract. She stated that the manager's contract is legal, as executed, under the Third Class City, Optional Form of Solicitor Cherry reada aloud, the proposition of consolidation asi it appeared ont the balloti in! November 2021. She notedi that thel ballot question presented the Option Plani form of government, whichi is how the City of DuBois currently operates. She also pointed out that the Optional Plani form of government, supersedes Third Class  statutes toi follow for consolidation,  Government Code.  City codes requirements in many instances.    197  City Council Meeting Minutes-S September 19, 2022 (Cont'd.) Ther next comment from Solicitor Cherry addressed the accusation from Sandy Township that DuBois misuses revenues fromi its utilities. Solicitor Cherry madei it very clear that she andt the Pennsylvania Courts! have already determined that the City of DuBois has not mismanaged utility funds. She then described the Lease and Management system usedt to operate thev watera ands sewer departments. Furthermore, the city! has not mismanaged orr misused any funds from any account. Fore example, all donation monies received from Waste Management are used appropriately witht thei fulll knowledge of Waste Management and City Council. Finally, shej provided Council witha a summary of thel limitations of an authority ona utility system whichi is currently owned and operated by the residents andi its elected  City Solicitor, Toni Cherry (Cont'd.)  officials.  Adjourn  There beingr noi further business to discuss, ther motion was madel by Aughenbaugh and seconded by Gabriel that Council adjourn. Roll call vote was ast follows: Aughenbaugh,) yea; Bernardo, yea; Gabriel, yea; Dietz, yea; Walsh, yea. Motion passed5-0.  ATTEST:  Ga