1 Work Session Meeting- - June 8, 2023 City Council Chambers, City Building, 16 West Scribner Avenue, DuBois, Pennsylvania on Thursday,June 8, 2023 @ 4p.m.; Council convened: att their regular Work Session with Mayor Walshi int the Chair. Other Council Members present were: Jim Aughenbaugh (by phone), Diane Bernardo, Shane Dietz and City Controller, David Volpe. Also present were: Acting City Manager/City! Engineer/Public Work Director, Chris Nasuti; Redevelopment: Authority Director/Assistant: Public Works Superintendent, Joe Mitchell; Code Enforcement/Zoning Officer, Zacl Lawhead; Police Chief, Blaine Clark; Sergeant, Shawn McCleary; Officer, Dave Tracy; and Finance Officer, DeLean Shepherd. Interim Manager Nasutin read down through the agenda for. June 12th. #7. Certificate of Recognition- Tre-Sean' Wiggins June 12th Agenda Items: Nasutis statedt that ap proclamation was requested! but ast thisi is Firemen's Week, we would be givinga Certificate of Recognition instead. The certificate ist tor recognize thel boxing accomplishments ofMr. Nasutis statedt that this isan new proposed ordinancet to allowf fori the enforcement of permits for street excavations. City Solicitor Cherry stated Council mayr recallt that we receiveda al letter from the Attorneys of National Fuel andt their positioni is (because wel hada and objection tot the mannerin which they performed their opening, closing, andt that they did not notify Councilb before cutting sot that we could notifyt the residents)t they arer regulated! byt the PUC theya are not subject toac communities requests, ordinances, or demands. They remindedi met that theyl hadj justf filed, actually theyi instructed: me because Ididr not! know orh had notp picked upt thatt they! hadi filed, a suit against the City of Eriei ini federal court. Whenl discussedi this with Council, we didr not want tob be embroiledi inal lawsuitt that we couldr not win. Shel lookedi into whatt they were doingt to Erie, and whatt they are askingi is that wer must modify the sectioni involving thep permit fee tor requiret that notwithstanding: any otherp provision tot the contract utilities regulated! byt the PUC shall be exemptf froma any degradation fees which have beena adopted or implemented byt the City of DuBois orv willi int thet futureb be adopted ori implemented by the City of DuBois. She went ont to sayi itisab bitter pill, ands she has discussed withi their lawyers that wea arer not! happy with Wiggins. #9. First Reding of Council Bill No. 1973 Street Excavating & Openings the way they dig upa and patch up ours streets. Mayor Walsh askedi if we can'ti feet thema at all. Lawhead: statedv we cani feet themt the $50f for thep permit for the street opening butt that'sit. Developers Nasutis statedt thati itv was at thanky youf for the crew and fire department for helping during the downtown Nasutis statedt that thisi iss switching ouri interest rates from LIBOR tot the SOFR that was discussed att the lastr meeting. Thet threel loans presented previously are our only affected loans. Abrief update of our. June 5, 2023, kick-offr meeting. Nasuti statedt that we'res starting to get wills still have top payt the degradationi fees, butr nou utilities regulated byt the PUC. #10. Thanky youf from! Downtown DuBois, Inc. #11. Loan Interest Rate Benchmark #12. Forensic Analysis correspondencel back andf forth. #13. Revised: 2023 Budget cleanup. Nasutis statedt that DeLean, Joe, andl himself! have been working ont the revised! budget, he will have an update onk how they were ablet tob balancet the budget moving forward with new revenue and expense Nasuti statedi thisi isa ap proposed 6" waterline tot the old Shaw Mack building on DuBois -Rockton Road. Thec developer wille engineer, permit, procure easements, and construct the waterline then turni it over to the cityf for maintenance. The City Solicitor willl be directedt to draft and ordinance wheni it's completed. This requestj just camei int to do af fundraiser: att the Skatepark. We'llh have the application and the schedules. #14. Pfingstler Properties LLCWaterline #15. Request for Use ofs Skatepark- July: 22nd certificate ofi insurance, hopefully we can gett them approved. 2 Work Session Meeting- June 8, 2023 Public Comments Kristen Vida 929 Chestnut Avenue, DuBois Wantedt tok knowa about the planst toi fill the vacancy of Councilwoman Gabriel's seat. Mayor Walsh statedt thatt the Council willb bel havinga ant Executive: Session followingt this meeting andi it willl be announced on Monday whaty we: are goingt to do. Thei formatf for applying willb bea announced: along with Ms. Gabriel's resignation. Walshs statedt that Council has 30 days after thei resignation! hasb beena accepted; Still waitingi for answers askeda atp previous meetings tob be answered. Will they be answered at the next Signs- - are wea addressingt the signs fort the Country Club. Iknowi it was said resorts whichy we knowt that's not whati is int the ordinance. So, wonder if we are going toa address that? Council Healthcare- are wel keeping that? Sincet that's been raised up as ani issue. Herm - are wes still paying! him? Are we goingt to putitine escrow, as has been recommended, or So, we'vea askeds some questions at Councila andl I'mj just wanting fors some actual answers. Wonder when wea are goingt to gett those. Nasutis stated that he doesn't have answers forh her tonight, but he willg get! her Ist thel Treasurer ever going to appear atan meeting? Mayor Walshs statedt that thel Treasureri is ane elected official and! has nor requirement tob be: atar meeting nor does she havet tol bei int the office. She's elected there are nor requirements,' Imissedt thel last tor meetings becausel Iwass sickert thanl Ihave ever beeni inr my Have youe ever received anythingf from Allegheny Strategy Partners? Wet talked about that at one time, andy youy were tryingt tos geti in contact with thema andt tryingt tof find thei information. Nasuti statedt that we receiveda a one-pages summary ofg grants. Tryzna askedi ifv we: are still under contract with them, Nasuti confirmed. Nasutit told Tryznal he wouldg get! him a copy oft thec one page wer received ont theg grants. Nasutis statedy wel have not signeda anything we are still undert the original contract. Ms. Kurts asked when Mr. Mayor yous statedp previouslyt that theT Treasureri is not requiredt tob be here, ist that correct. Mayor confirmed that is correct. Yous statedy youg guys are elected and you'rer not requiredt to be here. Mayor confirmed thati is correct. So,i ifr none ofy youa are required to be! here, how wouldy youl have a meeting? Mayor statedh hel has nevers seent that happen, it's kind ofa ar motep point. Idon't wantt tos speak for the Treasurer,b but shei isr not requiredt to be att these meetings. She is requiredt tor makes suret the funds come ina and are dispersed wheret they aret to go. That's! her requirement, asl long as she does that, we can't really dictate. Mayor saidi ifhe decidedr not to come toa ar meetingt ther rest oft they year, therei isr nothing they can dot tor makeh him come. We have neverh hadi it happen. Council has always hada a quorum. Mr. Mechling was curious aboutt the Treasurer, because with allt the questions aboutr moneyi it woulds seem appropriate that whether shei isr requiredt to orr noti itv would! beag goodi ideai tos show up. Kind of surprised Solicitor Cherry stated1 that because shei is answerable tot the voters. The only thing Council does is set her wages ast the City's Tax Collector beforet thei time the petitions for election are due. That's our job. Her responsibility: ast toh hows she chooses tor runk her office, hows she chooses top perform her duties are! her Mayor Walsh stated thati isr no different that Sandy Township. Theyl haveal Tax Collector,) yous go down therei int ther morning, she'sr not there; youg go at Noon, she'snot there. She sets her hours, she's there whens she wantst tol bet therei isr nos set guideline. Ifs she wantst tob be there onel houra a day, that'sj justt the Ms. Vida askedi ift the Treasurer and Controller are required tol be accountants? She read somewhere! in the Code ora an Ordinance that they shall bea accountants. Mayor Walsh stated that shall be: andi must be aret two differenti things. Nasutia askedi ifitv was the Pennsylvania Code ort the City Code. The Solicitor statedt that therei isr no requirement that they! be CPA's, but they should have some accounting they arer not goingt to wait 30 days. Jennifer. Jackson- 421 N. Bradys ST, DuBois Council or are wej justr nots goingt tos get an answer. are wej justg goingt tok keepp paying! him. answers. Kristen Vida 929 Chestnut Avenue, DuBois life. Ron] Tryzna 1 120 South Ave Allegheny Strategy Partner itv was up; Tryzna saidi itr renewedi in. January oft this) year. Charlie Mechling- -709 Munroe ST, DuBois by that myself. business. Aret thesel laws set up! by the City? Solicitor Cherry stated that not these are statues. wayitis. Kristen Vida - 929 Chestnut Avenue, DuBois knowledge. 3 Work Session Meeting - June 8, 2023 Councilman Shane Dietz Streets arel lookings good- thes street sweeper is doing well. Mayor Walsha askedv whath happened on255. Officer Tracys statedt there was at truck! haulingr mud froma drillingr rig, he came through righta afteri it happened. Looked like the cap came off oft the bottom oft the tanker andi itj justs spewed out mudf fromt theret to wherever het turned off. Ther mayors statedt they! hada statep plowt truckp plowing ther mess. Thei truck endedu up at Nickel's Bakery, whata amess. Now that thee election has been certified, Iwouldl like to congratulate the candidates on their certification -heck ofac campaign. Looks likei its should be smooth: sailingi in November, Iknow ofr no other write-ins. Requested that ani item bea addedi tol Monday's agenda. Sandy Township Lawsuit- -Sandy! has fileda Congratulations. Jenn &F Pat; wel lookf fora as smootht transition. Never hadt tos got through this before, there isg goingt tob beab bigs switch. Mr. Nasuti, we will be setting upa at transition committee tot try tol help acclimate people. Mr. Reasinger askedi ifthere was anything they needed tor read, he askedb becausel he It's comingi ina a week whether we'rer ready orr not. It'sreally busy rightr now. The program booki is being developedi its should! be att the presst tomorrow morning. Radioa ads area all out att the radio station. The community response was verys good, Ihopet tol have some pretty decenti financials for us maybe not Monday night because wes stilll have some late comers comingi in. Probablyi int the neighborhood of $70,000 that wer received as donations comingi in. Wel have some pretty decent food! booths this) yeara few new ones andl lost at few becausel how! late we were. Allina all, itis going to! bea a great event. Icannot announce whot the radios stationi is) yet, but the fireworks are actuallys set tor music;i it's called pyror musical. That willl be! kind ofc cool, asi it will bet thet first one everi in our areat thatlk know ofa andt that Starfire! knows Ther motion wasi made! by Dietz and seconded byA Aughenbaugh that the Councila adjourn to an Executive Session concerning Personnel andal Legall Issue. Roll call vote was asf follows: Aughenbaugh,yea; Councilwoman Diane Bernardo Goodl luck with everything. City Solicitor Toni Cherry Mayor Edward L. Wash reads al lot. lawsuit againt the Citya ands shev wouldl like tor respond. Joe Mitchell- - Community Days of." That'sg goingt tob ber reallye exciting. Lookingt forwardt tot that. Executive: Session Bernardo, yea; Dietz,) yea; Walsh,yea. ATTEST: APPROVED: DaRub aaly 4