123  City Council Meeting Minutes- - December 11, 2023  City Council Chambers, City Building, 16 West Scribner Avenue, DuBois, Pennsylvania on Monday, December 11, 2023, at6p p.m.; Councilo convened att their regular City Council Meeting with Vice President Diane Bernardo int the Chair. Other Council Members presenty were. James Aughenbaugh, Shane! Dietz, andF Pat Reasinger. Also present were: City Solicitor," Toni Cherry; Interim City Manager/City Engineer/Public Works Director, Chris Nasuti; Code Enforcement/Zoning Officer, Zac Lawhead; Redevelopment Authority Director, Joel Mitchell; Finance Director, DeLean Shepherd; City Controller, DavidVolpe; Officer Dave Tracy; and Administrative: Secretary, Korbis Slocum. Ther meeting was calledt to order at 61 p.m. andt the Pledge ofA Allegiance was led by Bernardo.  Approval of Minutes  CityCouncil Meeting Minutes-N November28,2023 yea; Reasinger,yea; Bernardo, yea. Motion passed 4-0.  Ther motion was madel by Reasinger ands seconded! by Aughenbaugh that Council approve the City Council Meeting! Minutes ofN November: 28, 2023, asp presented. Roll call was asf follows: Dietz,) yea; Aughenbaugh, Ther motion was madeb byl Reasinger and seconded by Dietz that Council vote one eachi invoice separately. Roll cally was asf follows: Dietz, yea; Aughenbaugn, yea; Reasinger,yea; Bernardo,y yea. Motionp passed 4-0. Ther motion wasr madel by Reasinger ands seconded! by Aughenbaugh to approve the Auto Draft Check Registerby Checkl ID dated December7,2 2023, int the amount of $23,206.41- Roll call was asf follows: Dietz, Ther motion was madeb byF Reasinger ands seconded by Dietz toa approve the General Fund Purchase Order Listing! by Vendor Name datedI December7 7, 2023, int thea amount of$ $1,267,814.25. Roll call was asf follows: Ther motion was madel by Reasinger and seconded by Aughenbaugh tot tablei the approval top pay the Legal Feesi int the amount of $35,000.00. Reasinger explained, "Three oft these bills were received prior tot the motiona att thel last meeting toa approve paying upt to $10,000.00) per person." Aughenbaugh: said," "Butitis refundable." Nasutic confirmed, "Correct. Ididt talk tot the attorneys ont this; itisas $10,000.00 retainer for those- -t three each- witha any unused portion coming! back tot the City." Ther retainers are for one City Fromt the audience, Jennifer. Jackson asked," "So, aret they goingt to abstain ont the vote?" Bernardo responded, "Wea arei inp progressr rightr now. We're! havingt this discussion. We have ar motion andi that'sas Aughenbaugh commented, "Yous should contact thet firm because he did send ani invoice. How! long are we goingt tot tablet this?" Reasinger said, "IwouldI like tos see ai final billf from them. I'dactuallyl liket to see ani itemized billt to date. Nasuti said, "lc can certainly contact him." Roll call was asf follows: Dietz,yea; Mechling askedi ift thep public can! beu updated consistently ont the legalf fees whilet thisi is ongoing. Reasinger said! hev would dot that. Regardingt the City budget, Mechling asked why Councilr members: are nota asking questions aboutt thep proposed budget during publicr meetingsr rathert thani inp private one-on- oner meetings. Shev wouldI like tok know what those questions are andi feels, int thei interest ofp public "The agendar references: an amended proposed ordinance (Council Bill No.1 197)butlcouldn'ti finditon the website." Cherry explained thats shei ist the one who amendedi the bill. "leliminated Partg- - Annual Registration of Vacant Buildings. Wel had alreadys severed that into as separate ordinance. Therev was no violations and penaities clause soy youv will seet that has beena added. This new version willl bey published." Webster statedt thath he does not have rentalp propertiesi in! DuBois or anywhere, butl hei isan member oft the Zoninga and Code Subcommittee undert the Coordination Committee. Most ofh his comments: are regarding Section 800 andi following. "Should 801 cincludet ther number of occupants ine each unit?" Cherry clarified thatt the amendment, ffpassed, won'to change Section 8, butratheritv will amend Chapter 310 to add  Registry ofI Invoices  yea; Aughenbaugn,) yea; Reasinger,yea; Bernardo,) yea. Motion passed 4-0. Dietz,) yea; Aughenbaugh,) yea; Reasinger, yea; Bernardo, yea. Motionp passed 4-0.  employee andt ther rest are Council members.  fara asv we've gotten."  Aughenbaugn, yea; Reasinger,yea; Bernardo, nay. Motion passed3 3-1.  Public Comments Deb Mechling -Monroe Street  transparency, the questions should! bea addressedi ina a publict forum.  Harold Webster-211E. LoganAvenue  Article3."    124  City Council Meeting Minutes- - December 11, 2023  Webster askedi ifhes shouldr refrain from further comment until hes seest the amended version. Reasinger Webster questioned whose names arer requiredi under Section 801-D. "Isitt thet tenant ort the occupants?" Hea also does not seet the validity ofr requiring photo identification. "Who will maintaini the database? Whata abouts security oft thei information? Who willl have access?" Under Section 802,t the datei is from 2016. "Willt that beu updated?". Hist final question was about whate exactly is beingl looked at during Forresti isar reale estatel brokerv who came top present his concerns with Council Bill 1975. In Pennsylvania, there are court cases wheret they (ordinances)have) been stricken down. He! has concerns aboutr revealing protected classes andi information: security andh believes moret fees willp pushi investors away from the area. "T don'tv wantt tos seet this come tor my area either. Idon'tagree with anythingi int this ordinance: and don't  said, "We'lltake) your comments."  inspections. Cherry confirmed, "Building Code compliance."  Mark Forrest-C Corsica,PA wantt tos seei itg got through." Kristiny Vida- - Chestnut Avenue  Vida questioned thes status oft the employment oft the Solicitor.  Vida asked," "Where does the City! haver most ofc our money? What banks?" Nasuti replied, "Our accounts arey with S&T Bank, NexTier Banka and! Midi Penn Bank." Vidai is concerned that red flags didn't go upa atthe banks witht the activityi int the accounts mentionedi int the (Suplizio)indictment. 'm concernedt they don't have properi internal controls. Has Councile evero discussed that (moving banks) goingf forwardi inz 2024," Nasutireplied, "Thath has not been discussed with me. Ihave gonet to allt the! banks and updated our signature cardss sol Iknowt they arei int the correctf format. Money can only goi in and outy witht two Regardingt thel legaif fees, Vida asked, "Can Councill legally votei ifthey are your own! bills? Don'ty youl have toa abstain fromi that vote?" Aughenbaughi responded, "We didn'ty vote top paya anyb billst tonighti ifthat's whaty you'rer referringt to. Buti ifv we did, Iwould abstain." Vidas said, "Thereh has beena al lot of complacency int thiss situation. Ife employees or Council members were complacent, Ifeel that falls upony you. We (the residents)s shouldr not ber responsible for your complacency. That'sj just my personal opinion." Jackson askedt thata action on Council Bill No.1 1975 (Registration ofF Residential: Rental Units) bet tabled. "I ama al landlord anda am1 100% behindt this, but there ares sor many questionsla ama askingy yout tot tablei it. Itjust Referringt tot the appointment of Hugh Dalyt tot the Housing Authority Boardo of Commissioners, Jackson stated,' "Comingir inr nexty yearlwouldl liket tos sees some new faces int the community. don't! know why we Cherry askedt tor respond. "Council hast to draft atf first reading. Itc does noth havet top pass 1975 beforet the end oft they year. Inf fact,i itmay very welll bet that you cannot. Because oft the violations clausei ithast to be published. Council cannot properly discussi itu unless) you'vel hadaf firstreading. Then youd can pickit "We objectt tot thep proposedr rental ordinance. Itis discriminatory. Ifit was across theb boardt to ail properties, I'dH have no objection ata all." The. Johnstons have rental propertiesi int thist town wheret the neighbor had! highg grass andt trees arel leftto die. Asar result, theyl havel hadt toi increase theiri insurance shoulda at tree fall ont their property. "The ordinance also puts discrimination on at tenant. You could have hadt thisi informationi ifwater billsv werei int thet tenants' namesi instead oft the landlords. Ourr major concern is, ifyou're goingt toi inspect, theni inspect allr residences- notj justr rentalp properties." Mr. Johnstoni is against Council Bill No. 1975. Hev would liket tos seet the City sit down withl landlords to figure outy what thej problems are. "Wer may be: able tor makes suggestions. Both ofu us coulde endi upl happy abouti the ordinance. Youh havet tol be ablet tol knowa allt thep problems and howi toi fixt them." First Reading of CouncilE Billl No.1 1975 - As Amended (Registration of Residential Rentall Units)  signatures."  Jennifer Jackson-4 42 N.Bradys Street needs clarification."  arer rushingt this att thee end oftheyear. Give ust timei to dor morer research."  apart."  Barbara lohnston-Cunwensall:  John. Johnston- -S Curwensville  Cherry readt the: amended bill. There was no motion from Council.    125  City Council Meeting Minutes - December 11, 2023  Discussion of Proposed Ordinances- No. 1976 (Automobilel Repair Facility): and No.1 1977 (Mechanical Bernardo announced the discussion is for Council members only. Nasutie explained thatt thei first readings tookp place att ther meeting on! Novemberz 28, 2023. He wantst tos seei if Council had any comments before Aughenbaugh: stated,' "We dol have and ordinance for vehicles thata arer not registered." Lawhead explained, "This wast thej junkyard ordinance. Theyy wantedt to addt the automobile repairt facilitiest toit. There were al loto ofb blanks int the ordinance. This ist tos sett the standards and clear upt thel blanks." Cherry reported on ana article inF PAL Law Weekly datedI December: 5, 2023, regardingac decision fromi the Commonwealth Court. Inl light oft this decision, Cherry madet two changest to Council Billl No. 1977. On pages 5ins subparagraph (2),t the wording was changed from' "Gambling and Skill Devices"to' "Gaming and Skill Devices". Thes second change was madet tot thei first "Whereas" clause onj page1. Inr response to comments voiceda att thel last Council meeting, Cherry removedt thel language "for-profit" in the lastl line as itis isr not dealt witha anywhere eisei int the ordinance. "Those: arer note enough changes to requirean  Amusement Devices)  the2 2ndreading." Bernardo: said, "Wey will comment ont these: separately."  No.1 1976- -A Automobile Repair Facility  No. 1977-A Mechanical Amusement Devices  amendment,": said Cherry.  Per Nasuti,t the corrected billy willl bep posted ont the City'swebsite. stuffs sol let's havel him concentrate onv whati isi important."  Reasinger said," "I wouldl liket tos seer not fee fort things like thej jukebox, poolt tables, claw machines or anything similar. He wouldl liket tos seel higherf fees on games ofs skill. Zac has tor runa around and see allt this Bernardo voicedh her concem aboutr non-profits. Reasinger disagreed. Hei feelst thei incomei int these situations shouldb bea ablet tol bet taxed. Cherryi informed Reasinger that was not part ofh her research; however, she'db be happy top providea ar memo oni it. Aughenbaugh: agreed thei information would! be Aftert ther reading, Cherry explainedt ther reasonf for using. January: 2024 ast thea approval date. "The proposed ordinance mustk be advertised once a weekf for three consecutive weeks. Itcannot be acted on again untila after 28 daysf fromi thet first reading. You don'thave: 28 days before the end oft the year, but The motion was madeb by Reasinger ands seconded! by Dietz toa acceptt thei firstr reading oft the! bill. Rollo call was ast follows: Dietz,) yea; Aughenbaugn, yea; Reasinger,) yea; Bernardo,yea. Motion passed 4-0. Planning Commission! Recommendation- Sub-Division/Lot Consolidation of 114 and 116 Robinson Street Lawheads statedar request was received from Albert Furutoi from 1161 Robinson Street tos sub-divide: an 8- foot portion of1 116 Robinson! Street ands selli itt toi ther neighbors at1 114 Robinson Street. Planning Commission has reviewed everythinga andi isr makingt ther recommendation: to Council. Ther motion was made! by Aughenbaugh: and seconded! by Reasinger to approve thel Planning Commission's recommendation: ofthes sub-division andi resulting! lot consolidation. Nasuti statedt the surveyor has prepared the deeds. Roll cally was asf follows: Dietz,yea;A Aughenbaugh,yea; Reasinger,yea; Recommendationt toA Awardt thel Library A/C Upgrades to Overdorf! Snyder Mechanical int the amount of Nasutir reported the public bid openingt tookp place at1 11:00 a.m. onl Thursday, December7,20238. Three bids werer received. Thel low! bidder was Overdorf Snyder. We confirmedi this witht the grant agency. Itis Ther motion wasr madel by Reasinger ands seconded by Dietzi toa accept thel bidi from Overdorf Snyder Mechanicali int thea amount of $98,771.00. Roll cally was ast follows: Dietz, yea; Aughenbaugh, yea; Request for Reorganizational. Meeting on1 Tuesday, January: 2, 2024, at1 11:00 a.m. Ther motion wasr madel byA Aughenbaugh: ands seconded! by Reasingert to sett the Reorganizational Meeting for Tuesday, January2,2024,: at 11:00 a.m. Roll call was asf follows: Dietz, yea; Aughenbaugh,yea;  helpful.  First Reading of Council Billl No. 1979- Vacatea al Portion ofF Fairway Street  you dol havet timet to getitadvertised."  Bernardo,) yea. Motion passed 4-0.  $98,771.00  ar matchinge granty witht thel library.  Reasinger, yea; Bernardo,) yea. Motion passed4 4-0. Reasinger,yea; Bernardo, yea. Motion passed 4-0.    126  City Council Meeting Minutes- - December 11,2023  Request approvalt tor re-appoint Mr. Hugh Dalyt tot the Housing Authority Board of Commissioners fort the The motion was made by! Dietz ands seconded by Reasinger to approve the reappointment of Mr. Hugh Dalyt tot thel Housing Authority Board of Commissioners: fort thet term. January 1, 2024- - January1, 2029. Nasutie explained1 the request camei fromi thel HousingAuthority Boarda and that hel had thet term be written fort the current five-yearp period. "That may change with the consolidationi inz 2026." Reasinger stated! The knows! Hugh Dalya andv worksv with him ont the! Redevelopment Authority. Dalyl hass spenta alot oft time with community action andi isv very familiar with housing. Hei is ana asset tot that board. Berardo agreed. Roll call was asf follows: Dietz, yea; Aughenbaugh, yea; Reasinger,) yea; Bernardo, yea. Motion passed 4-0. Barnardo! has two questions people! have asked! her. The firstis Mr. Moore's property almost across the street from. Juniata School. "The wholep propertyi isamess. Whatisbeingo done?" Lawheadi reported botht thee electrica andi water have! been turned! back ona and hel believedr repair work was continuing. He The otheri issuei ist thes safety! barrier on Tower! Lane. "Willi that be part of2024," Nasutia answered, "At thisp pointi itp probably will be: 2024. Wel have coordinatedi it with the company. Wej justr needt to get that here." "So,l cana assure myr neighbors that'sb beent taken care of?" Bernardo: asked. "Iknow after having twot times cars come over. Lastt time: a person wasl hospitalized and badlyhurt. Ifanother one goes over ande ends upi int the condost that wouldb bea alawsuit anda al halfi fort the City." Nasuti said, "lt has been Therel beingr nof furtherb business tot transact, ther motion wasi made! byA Aughenbaugh: ands seconded! by Reasingert that Council: adjourn. Roll cally was asf follows: Dietz,) yea; Aughenbaugh, yea; Reasinger,yea;  term. January1 1,2 2024- January1,2029  Vice President and Councilwoman Diane Barnardo  willg go checkitout.  ordered." Bemardoi thanked! Nasuti. Bernardo,yea. Motion passed 4-0.  Adjourn  ATTEST:_ Vorh Slocum  APPROVED:  CoRAR