172  City Council Meeting Minutes- - March11, 2024  City Council Chambers, City Building, 161 Wests Scribner Avenué, DuBois, Pennsylvania on! Monday, March 11, 2024, at6p.m.; Council convened att their regular City Council Meetingy withi Mayor Pat Reasinger int the Chair. Other Council Members present were. James Aughenbaugh, Shanel Dietz, Elliot Gelfand and Jennifer. Jackson. Also present were: Interim City! Manager/City Engineer/Public' Works Director, Chris Nasuti; Interim City Solicitor, Thomas Breth; Codel Enforcement Officer, Zac Lawhead; Redevelopment Authority Director, Joel Mitchell; Finance Officer, DeLean Shepherd; Interim Police Chief Shawn McCleary; Treasurer Lisa LaBrasca Becker; City Controller David Volpe; andA Administrative Secretary, Korbi Slocum. Ther meetingy was calledt to ordera at 6 p.m. andt the Pledge of Allegiance was! led by Reasinger. Council meti inE Executive! Session priort tot tonight's meetingto discuss personnelissues.  Executive Session (legal and personnel issues) Public Comments onA Agendal Items Only  Before openingt the floor, Reasinger thanked! Debi Mechling for takingt thet time to dos somer research. "lt's verye easyt tos seconds guess people. You did what wasr right. Youy went andi talked with the person. You lookeda and you camel back ands said, T've changedr my mind' sot thanky youy very much. Ireally appreciate "Regarding Item #11 (Resolution No. 2024-0378), Ihopet that Councili isl lookinga att the factt that ify you do terminate! him, ishe eligible tos start receiving! his pension att that time. Iwant tor make sure you'rev very concemed ont that becauset that was one oft thel bigi issues whent that was brought upt thel last time. That, basically, itv wasi my understanding thati ffhev was terminated, he coulda actually file for his pension, sol I'mp part oft the Downtown DuBois Association: and! wantt tos sayi it'sag good group of people! here and we reallyr needt thes support of Councila ande everyone goingf forwards SOV we can establish certaini things ands set "Inr response tov what you (Reasinger)j just saidt toi me,l did enjoy goingi in and checking it out. Ido wish the process ofp picking whol boughti it wouldb beali little bit different. lwould have liked tot have seen, from whatl understand therev weref four peoplei interestedi int thatp property, wouldl liket tol have seen what each oft the proposals were andt to havel based who goti it on ast tov whatt they were goingt to do with the building and! howl longi itv was goingtot taket themt to doi ittot thel building." Reasingers said, "Iwilla address Mechlingt then readas statementi inr referencet tot #11 ont the: agenda. "Spotlight PA, ani investigative group who putt togetherap panel on. January: 25, 2024, byz ZOOMr meetingt to discuss the corruption casei involving ourf former City Manager. Min Xian andA Angela Columbus aret the reporters who'vel beenf following our story. They were ont the panel and: acted: as hosts. Duringthe discussion one oft the items mentioned was the dollara amount oft the bonuses paido out by our former manager from they years 2014 to: 2022. These bonuses were paid outt to! key staffers whichi included City Manager, Chiefo of Police, Finance Director, Deputy Treasurer, City Engineer, andF Redevelopment Director. The amount spent on! bonuses from the years2 2014 toz 2022 was $561,000.00. Iknow most of Council were not seatedy whent this happened. Since new Council hast takent their oaths of office, dov wonderi ifthis figurei is accurate. I'mH hopingt therea are avenues that wev willl bea able tou utilizet tor recoups some oft these monies andist that possible to recoup some oft that fromi ther moneyt thati is owedt thet former City Manager? Iwould also likei tot thank Councilwoman. Jennifer. Jackson fors sittingi inc ont the panel ande explainingthe: structure of our City  it."  RonTryzna- South Avenue  wantt tor makes sure you're aware ofthat.  certaina activities int the City of DuBois. Wer really needy your help ands support."  Deb Mechling- Monroes Street  that att the end ofther meeting."  management that enabledi this perfect storm tol happent to our City."  Approval of Minutes CityCouncilA Minutes- -A March 4,2024  Ther motion was madeb by. Jacksona ands seconded by Aughenbaugh that Council approve the City Council Meeting/ Minutes of March 4, 2024, asp presented. Roll cally was as follows: Gelfand,) yea; Dietz, yea; The motion was madeb by Dietza and seconded by. Jacksont top pay the Auto Draft Check Register by Check IDC dated March 8,2 2024, int thea amount of $43,713.48. Roll call was asf follows: Gelfand, yea; Dietz,) yea; Ther motion was madeb by. Jacksona ands seconded! by Gelfandi toj payt the General Fund Purchase Order  Aughenbaugh, yea; Jackson, yea; Reasinger,yea. Motion passed5 5-0. Aughenbaugh,) yea; Jackson, yea; Reasinger,yea. Motion passed 5-0. Listing by Vendor Name dated! March8 8,2 2024, int the amount of$ $305,273-53.  Registry of! Invoices  .:. sit    173  City Council Meeting Minutes - March 11, 2024 (continued)  Treasurer LaBrasca Becker hada ac question ont the motion. Afterr reviewingt the detailed billst from Dillon, McCandless, King, Coulter & Graham, she and Controller Volpe askedf for clarification on what Solicitor work falls undert the monthly $3,200.00f fee and whatis is considered' 'special projects'. Brethe explained, "Therei ist the engagement! letter withr respectt tot the day-to-day Solicitor services whicha are $3,200.00a month. Therei isa ane engagement Ietter for the Sandy Township Consolidation. The Suplizio/Shaffer matter has as separate engagement lettera andl thinkt therei is aseparate engagement! letterf for the Chief ofPolicer matter." Reasinger added, "Andt thea agreement is, anything thatf falls outside oft the normal Solicitor,! he givesu usale letter andu usually gives usa ane estimated cost." LaBrasca Beckers said, "Thisis serious. There's an $8,000.001 billi forj just. January." Brethe explained, "Justf fori thep public'si information, all oft thoset things are discussed with Councili ina advance ofusi issuinga ane engagement! letter. To the extent that Council does notr receive the detailedi invoices for eachi month, you: shoulds seet them andi review them. Notj justt thet total amounts. Idon'thave: ap problemi ify youy wantt toy post those publicly. I'm more than! happyt to answer any questions privately before ar meeting orp publiclya atan meeting." Roll call was asf follows: Gelfand, yea; Dietz,) yea; Aughenbaugh, yea;. Jackson, yea; Reasinger, yea. Director Shirley Dahrouge said, "Ta am! heret today on! behalf of Downtown: DuBois as) you! have receiveda packet ofi informationi too discuss reinstating our funding with the Cityf forthes sustainability oft the Downtown DuBois, Inc. organization. With met todayl dol have members of our board. Ialso! have Bill Arrowood witht the! PDC, the Pennsylvania Downtown Center. Unfortunately, Christi Martone withl DCED was unablet to attend but shey wantedr met to extendi toy you that DCEDs supports and recommends' the fundings supportto downtown organizations. Idol know there! have been questions that have come up, sol 'm goingtol let Billt take overt to address any questions aboutt the program and whata allite entails." Arrowood handed out packetst to Council containing letters ofs support from other municipalities that havel benefitted: fromt the Main Street program. "The Pennsylvania Downtown Centeri is not the governing! bodyb butv we're certainly thel largerr network body of all ofthe Main Streets and downtown communities acrosst the Commonwealth. We'rea al network ofo over 100 communitiesi from all overt the state rangingins size from abouts 500t tos 50,000. We are ar member-basedi non-profit. We arei noti the state. Wea arer not DCED. Wel help peoplet through thei Main Streeta approach and! helpp people do redeyelopment int their ownt town. Wep provider resources: and opportunities andp providet trainingt tos get the Cityy wherei it wantst tol be." Arrowood, whol had done as strategic session with! Downtown! DuBoisl last fall, explained why ar municipality shouid supportt the organization. Reasinger askeda about the amounts the other communities provide. Arrowoodr responded, "There'safulir range ofa amounts. Itvaries based onv what the City can provide andv what the retumi is." He describedi thei improvements ins some oft the supporting municipalities. "These organizationsi thrive! best whent they are supported! byt the City- - ink kind, ini trade, in finance." Arrowood: also explained Designation, a state programt through DCEDI inv whichl DuBoish has Reasinger askedv what statei funds are: available. "Operational: funds under Keystone Communities have gone away. Fort that purpose, wer rely onp partnerships withi ther municipality and the county." Local businesses can: supportt the effortst through partnerships. Avariety offundings sources are availablet to Downtown: DuBoist through the Main Street program. Reasinger asked, "What! kind ofp permanent changes cany we expect? I'dli liket tos sees something physical, notj justa an event." Arrowood replied, "That's upt tot ther municipality andi the organization." Reasinger noted Downtown! Dubois' budget and corporate buy-ins seem low. Arrowood: said,' "Findingabalance ofv whaty you canf fund and what you can afford,! Ican telly yout thei investmenti is worthi it. The retum oni investment! is goingtol ber muchh highert than anything Reasingerr readt the Resolution of Condolence which was signed by Council and givent tot thet family. The motion wasr madeb by. Jackson: ands seconded by Gelfandt to adoptt the Resolution of Condolence. Roll call was asf follows: Gelfand, yea; Dietz,) yea; Aughenbaugh, yea;. Jackson, yea; Reasinger,yea. Motion  Motion passed5 5-0. Downtown! DuBois  participatedi int the past.  else andy youv will geta al Iong-term benefit." Resolution of Condolence - John (Jack) Dugan. Jr. (Acopy ofthes signed Resolution1 follows ont the next page.)  passed5 5-0.    174  City Council Meeting Minutes - March 11, 2024 (continued)  RESOLUTION  WHEREAS, thec Cityo ofDuBoisy wass saddenedt tol leamo ofthe death ofourf former Councilmana ande exemplary citizen, JohnE E( (Jack) WHEREAS, JohnE E. (Jack)Dugan,) Jr.servedas Councilmanin1 1995a andasan memberc ofthey Watershedd Committeef for25y years fromA Mayt 11,1 1998, untilt thetimec ofhisd death; fillingthesei important positionswith distinctiona anda advantaget tothet taxpayers ofthe CityofDuBois;: always consdentioustot theh highestdegreeintheseP positions oftrusta andmoved only! byt theb bestinterestsofhist fellow NOW, THEREFORE, BEITR RESOLVED,! bythe Governing Bodyi inCouncila assembledt this1 1ithd dayo ofN Marchz 2024, thatite expressits deepestregreta ands sorrowa atthek losso of, JohnE E.(Jack) Dugan,J Jr,a and! hereby officiallye extenda ane expression ofp profounds sympathyto NOW,T THEREFORE, BEITR RESOLVED, thatt theM Mayorand Gity Coundil ofthe CityofDuBois, Pennsylvania, hereby certify thatthe foregoingisat truea ando correcto copy ofa Resolution dulyz adoptedb byar majority votec oft theD DuBolsCity Coundila ata aregularr meetingheld onMarch11,2 2024, ands saidR Resolutionh hasb been recordedint theM Minutes ofthe Gityo Councila andr remainsine effectasofthisdxte. INWITNESS WHEREOF, wesetourhandsa ando causet the Officials seald ofthec GityofDuBois, Pennsylvenia,t tobeaffixedt this 11th  Dugan,. Jr, on February2 23, 2024;and  citizens.  hisfamilyf fort theirp personalk loss. forwardedtot thet familyo ofJohnE E. (Jack) DuganJr.  BEITF RESOLVED, thatti thisF Resolutionb bes spreadi upont ther minutes ofthisr meetinga andthata copyt thereofbe  dayof.March2024  -  EMBER-ShaneD Dietz  COUNCILM MEMBER-lltGelens  ATTEST: vsih Slocum ZITAMICIINEST  M  E  Reasinger remindede everyonet that thef first méetingo oft the monthy willl ber mostly for discussion to give citizens time to ask questions. "There willl bei important things wev willl havet to vote on, like bills." The  secondi meeting oft ther month willl ber mostlyf for voting.  OLDI BUSINESS Consideration of Council Bills  Int thep packeti forr reviewi isarevised Council Bill No. 1975- - Registration of Residential Rental Units. Itwill also be posted ont the website. There were: no comments on Council Billl No. 1976 Automobile Repair Facility. That was primarilyt tof fill ins some voidst that were! left whent the original Ordinance was enacted. Councill Billl No.1 1977- - Mechanical. Amusement Devices alsol has been updated andv willl be postedto the website. Brethe explained, *Is shared ani initialr re-write ofthe Amusement Tax Ordinance. There are still somer revisionst that needt to occur, butt that wilib be on (the agenda)two weekst from nowi fora afirst Thisi is and Ordinance ofthe City of DuBois amending Chapter 340, Article V,S Section 340-43.2 oft the Code oft the City of DuBoist tou updatet thel Maximum Allowable! Loading Limits oft the Industrial Sewer Use regulations. We update ourl loadingl limits everyf fivey yearsf for ourp permit and wer need to adoptt those The motion wasi made! by Aughenbaugh: ands seconded by Dietz to acceptt thei first reading of Council Bill No. 1982- Amendl Industrial Sewer Use Ordinance. Roll call was asf follows: Gelfand,) yea; Dietz,yea;  reading. Al lot ofithast to dov witht the games ofs skill."  First Reading of Council Billl No.1 1982- Amend Industrial Sewer Use Ordinance  updatedI limitsi inc our Ordinances.  Aughenbaugh,) yea; Jackson, yea; Reasinger, yea. Motion passeds 5-0.  NEW BUSINESS  Resolution! No.: 2024-0378 to Remove. John Suplizio from AIIF Positions of Employment Brethe explained, "Thisi ist the stepi in the process Council needst tog got through. Thisi is nott terminating the former City! Manager's employment. This Resolutionp puts! him onr notice. After 30 days, Council can consider thet termination ofh his employment. Itg gives! hima and opportunityt tor requesta al hearingi inf front of Councili ifhev wishes tos sor request. Withr respect tot the pension, thati issue we'ret takinga a look at. Although thereh have been criminal charges filed, there! has! beenr nor resolution oft those criminal charges. The resolution ofthose criminal charges wille eitheri impact orr noti impact! his entitlement tol his pension.    175  City Council Meeting Minutes - March 11, 2024 (continued)  Resolution! No.: 2024-0378 tor Remove. John Suplizio from AIl Positions of Employment Therei iss stilli inp placeap permanent injunction prohibitingt the City from makinga any further payments, including pension payments, tot thei former City Manager. That orderv wills stayi inp place regardless ofa any action withr respectt tol hise employment from the City. The court wouldh have to entertain some kind of The motion wasr madeb by. Jackson and seconded by Gelfandt to adopt Resolution. No.: 2024-03781 to remove John Suplizio from AIIF Positions ofE Employment. Roll call was asf follows: Gelfand, yea; Dietz, nay; Iny your packet fory yout tor reviewf fora approval att the next meetingi is the: annual agreement wel have Thei formalr recommendationt request willl be: available att ther next meeting. This is our annuals street pavementr marking. We'res goingto dot thisi inc cooperation with Sandy Township. Att ther next meeting we'llr requesta authorization. Thisi is our chemicals for our water plant, sewer plant Recommendation' to Awardy W. Washington. Avenue) Waterline Construction Contract Weh had aj public bid opening on Friday for ther newr replacement waterline from Brady Street to. Jared Street and on High Street from Washingtont tov Weber. We'llhave: at recommendation: att ther next meeting This isar new company; one we! have not used before. The motion was madel by Jackson ands seconded by Gelfandt to awardt thez 2023 Auditt tol Wessel & Companyi int the amount of $36,500.00. Roll call was as follows: Gelfand,) yea; Dietz, yea; Aughenbaugh, yea;. Jackson, yea; Reasinger, yea. Motion passed 5-0. This istol let youk knowt that wea are goingt to re-commission the Zoning Committee. Attomey Brethy will go through: andi find out what wer needt to dot to update our Ordinancest to reactivate that committee. Then wev willl bea askingf for volunteers tos serve ont that committee. Allofthe committees, boards and commissions arel listedo ont the website. Ify youy wantt to volunteer for any ofthem, inf@duboispa.goy Wev willr makea as special announcement: as wer reactivate: some oft these committees. Bretha added, "Justf for clarification, that'st the Zoning Hearing Board. We will revise the Ordinancest to the extent thatt they've beenr revisedt tor removet thez Zoning! Hearing Board. The Zoning! Hearing Board willb be Resolution! No.: 2024-0379 Authorizing and Approvingt thel Issuance of Debt with! Sandy Townshipi int the Wehave discussedt this att thel last couple of meetings and att the. Joint Consolidation Boardi meeting. This is-Sandy Township's commitment tou uset their CDBG1 funds. Itv was authorized! byt the. Joint Boardi in March of2022. Itneedst tol bea authorized: at Sandy Township, which they've done, andl by this board as well. We'veg giveny youa a draft Resolution" fory yout tor review. Itwill bep presentedf for approval att the next meeting. Thisi isf fort the Platt Road: sewer project. Breth clarified," "This item was ont the agenda aty your lastr meeting. You: approved ana agreement. Since then, they'ves senta ai Resolution they woulda alsol like to "If findi ita appalling that wec didr not! have a unanimous votet tos start the process oft terminating our former City Manager. Mr.Aughenbaugh: andI Mr. Dietz sath here ont the old Council. Ifthey did not knowy what was goingo on duringt the Council meetings, they shouldh have. Ithink this isas slapi int the facet tot the taxpayers ofc our City thati it wasi not a unanimous vote. Its should! have been unanimous tos start the "Did! Ihear Mr. Breth say correctly that he didn't knowi ifthe pension was part oft this ornot? We don't knowi ifv we havet top payl him out orr not? DidIheart thatp partright?" Breth replied, "No. Ibelievemy  actiont toa amend orr rescindt that order."  Aughembughmap/acson, yea; Reasinger,yea. Motion passed 3-2. Redevelopment. Authority Cooperation. Agreement cooperation witht the Redevelopment. Authority- RequestA Authorization" to Bid: 2024 Pavement Markings Request Authorization" to Bid: 2024 Chemicals and: swimming pool. Itsetst the: annual pricei for us.  after doing allt the properr research ont thel bida and documents. Recommendation: to Award: 2023 Auditt to Wessel & Company- $36,500.00  Zoning Committee  ani independent! boardy withi its own! legal counsel."  Formo oft the Section 1081 Loan  have approved. Isent Councilar revised Resolution fory your consideration."  Public Comments Deb/ Mechling. Monroe Street  process." Bob Swope- -DuBois    176  City Council Meeting Minutes- - March 11, 2024 (continued)  Bob Swope- = DuBois (continued)  comments weret the outcome oft the criminal charges against the former Manager would be * determined.." Swope asked, "So, rightnow we don't knowi ifv wel have top pay him orr not? Ist that correct?" Breth continued, "No. There'sa court orderi inp place rightr nowt that prohibits the City from payingo out his pension." Swopet then asked,' "So,i ifwet terminate him, we don't havei top pay! his pension then?" Brethr replied,' "Unless thej judge lifts that court orderh he's note entitledt to his pension." "Shane and. Jim, why did youv vote' 'no?" Reasinger rreminded the audience thati thisi isad comments "You: saidy youy were discussing games ofs skill. It's one ofthet topics we'ret tacklingon a statewidel level. Next week we're having an opens session with all our managers. We're probably goingt toi invite ahandful ofr municipalitiest that are askingthose questions abouth how tor resolvet that. It's one ofv values that the network of Main Street provides. Your problems and concerns aboutl having skillg gamesi iny yourt town are universal acrosst the state. Iwouldi invite anyone from Council and willt make sure Shirleyl hasi information. We'vei invited a couple oflegislators who arev working oni it. It'sal listening session." Reasinger added, "lt's ont the state'sr mind, also. Whent they getb backi int two weeks they'll do thel budget, so games ofs skill willp probably) bea aftert that from what! understand." Arrowood continued, "lt's! how they're goingto regulatei it. ins some places it's perfectly fine andi inc otherp places it's totally unregulated. We'ref findingi it's goingt tol be upt tot ther municipalities to dot the hands-on regulation: about! how to ber runningt the town." "It thinky your needt tor réviewt tos seei ifa any employees -lknowv we'vet terminated thel healthcare insurance of City officials- - buti ist there any case that peoplev who have retiredi from the City of DuBois, aret they gettings some healthcarei insurance coveragev where other ones arer not? Ithink there'sat thing your need tor reallyl looka at. There are certain peoplet that arep possiblys gettingh healthcarei insurancet that have retired fromi the City ofDuBois. Wast that ana agreement withj just! Herm Suplizio? Shouldn't thati be givent to everyone orr no one?" Breths said, "findividuals know offolks that arer receivingt them and we'rer not speakingi ill oft themo out of course, therea are collective! bargaininga agreements and othera agreementst that may provide forp postemployment healthcare. idon't wanta anybody tot think thati ift their neighboris getting... " Tryzna said,' "Iknowi int the past there was nevers given! healthcare coveraget top peoplet that retired." Breth continued,' "la appreciate. Therer may! be ana appropriate mechanism under whichf former employees, retirees couldr receive. idon'tknowi ifthat'sthe case! here, but we'll certainly take al look at "Ij justy wantt to comment ont the recent comments aboutt the attempted abduction that happened on February: 23'd. Just tol let everybody know, thet femalet that reportedt thatt to our station has been arrested fori false reportst tol lawe enforcement. Every victimi is believed. Wheny you come iny you: are! believed. The onlyv wayi it comest tot this pointi is when during ouri investigation' wea actually find proof and are ablet to "Taxesa areg going well. The Treasury Department has been veryb busy. Everybody'sbeen reallys great. "lt was a great Executive Session. Ithink we're gettingal lot oft things accomplished. It'saworkin  KristenVida- ChestnutA Avenue  section.  Bill Arrowood- - Pennsylvania Downtown Center  Ron] Tryzna - South Avenue  it."  Council Member and Staff Comments Interim Police Chief McCleary  provet that youg gaveafalser report." Treasurer Lisa LaBrasca Becker We're doingv well." Councilwoman. Jennifer. Jackson MayorE Pat Reasinger  progress. Thanky you, Tom, and everyone up here. Better days are ahead." "lhave one on Redevelopment Redevelopmenti isap publicr meeting. open.  It's  It's easy to second  guess.  Gotot the meetings. That'sthev wayyouf find out what's going ont there. Ony youra agendai isal list ofallt the Cityr meetings. They're: all open. Ifyou'res serious aboutf finding out whatt those people are doing, rather thanj justa asking questions aftert the decision's made, bet there whent the decisioni ist made. They'llistento Redevelopment: is ana authority whichi isk kind ofa autonomous fromt the Council. They operate ont their own andH havet their own director ands solicitor. Like! Pats said, ify youv wantt tol know whati they're doing you're goingt tol havet to ask them." Reasinger added, "There weres severalp people that were interestedin that building. You: showedi it: 20 times, Zac? And, nineteen people wenti ina and said,' What? Are you  you. You canp puts some inputi ina att thet time."  Elliot Gelfand    177  City Council Meeting Minutes - March 11, 2024 (continued)  Elliot Gelfand (continued)  crazy?' and one persons stoodi up ands said, 'OK. Everybody hadac chance. They didn'tp pick. They tookt the Therel beingr nof further business tot transact, ther motion was madel by Aughenbaugh: and seconded by Jackson that Council adjourn. Roll call was asf follows: Roll call was asf follows: Aughenbaugh.yea;  best dealt they! had. That's justh howi itv works."  Adjourn  Jackson,) yea; Gelfand, yea; Dietz,) yea; Reasinger,yea. Motionp passed5-0. ATTEST: Worhi Slocumn APPROVED:  CONL