276 City Council Meeting Minutes - April 10, 2023 City Council Chambers, City Building, 16 West Scribner Avenue, DuBois, Pennsylvania on Monday, April 10, 2023 @ 61 p.m.; Council convened ati their regular City Council Meeting with Mayor Walshi int the Chair. Other Council Members present were: Diane Bernardo, James Aughenbaugh, Shane Dietz, and Shannon Gabriel. Also present were: Toni Cherry; Interim City Manager/City Engineer/Public Works Director, Chris Nasuti; Public Works Superintendent, Scott Farrell; Code Enforcement/Zoning: Officer, Zac Lawhead; Police Corporal, Randy Young; Police Officer, Molly Lord; Police Officer, Lance Thompson; Police Chief, Blaine Clark; and Administrative Secretary, Bobbie Shaffer. The meeting was calledt to order at 61 p.m. and thel Pledge of Allegiance was led by Mayor Walsh. Certificate of Recognition - Aviana Gillaugh 2023 Boxing National Qualifying Tournament Champion Certificate of Recognition presented to: AVIANA GILLAUGH Avianaisa15y year old,9 9thg grader atthel DuBoisAreal HighSchool. Sheist thez 2023 USAF BoxingN National Qualifying Tournament Champion,t talkinge gold,f fort theJ Junior Female Divisionatnolbs. This National Tournamentv wash heldin HuntingtonPlace, Detroit Michigan Thisv wast thez 20231 Unlted States NationalQualifying7 Toumamentforthez 2024 Olympics beingheldi inParis, asw wellz ast theN National QualifyingT Tournamentf fort theN National CmeAphgManpamker. All2023 USAE Boxing Qualifier National Championsw will receiveinvitations' tot thez 2023 USAB Boxing National Championship,: andt thee elitea athletes willbel Invitedt toc competei inthez 2024 Olympic Irials. Avianaist thefi firstboxer andf female,y youth oro otherwise, inthea areat toe everv wins suchar national! boxingtournament TheCityCoundil wouldli liket toc congratulation/ Aviana onajobv welld donea andthanky youfor beinga ane example ofwhath hardv workand OnA Marchi 18tht throught the: 25th. truc dedicationc canbring. & Mayor&p Presidento ofCouncil EdwardLWalsh Rusdifainsde Gohommavenac-Gw. Bernardo dis Coundiman-Shanepit Ra/ Interimcity, Manger-ChisNasuti Augheabaugh & Gunciwonr-Shamont Gabriel Mayor Walshr read the certificate ini its entirety and presented it Aviana Gillaugh with ar round Thursday's Work Session- - Tol ber replaced by an Executive Session tot take place before every Council Meeting to advise Council of matters ont the agenda with no action tol be The motion was made by Gabriel and seconded by Aughenbaughi to keep Thursday's Work Session ont thet first and third Thursday of the month with no action tol bet taken and no public comments. Roll call vote was asi follows: Dietz, yea; Bernardo, yea; Aughenbaugh, ofa applause. taken. yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. 277 City Council Meeting Minutes - April 10, 2023 (Cont'd.) Approval of Minutes City Council Meeting Minutes - March: 27,2023 Ther motion was made by Aughenbaugh: ands seconded by Bernardo that Council approve the City Council Meeting Minutes of March: 27, 2023 as presented. Roll call vote was as follows: Dietz,) yea; Bernardo, yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Ther motion was made by Dietz and seconded by Gabrieli that Council approve the Work Session Meeting Minutes of April 6, 2023 as presented. Roll call vote was ast follows: Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Ther motion was made by Gabriel and seconded by Dietz that Council approve the Purchase Order Listing by Vendor Name dated April 6,2 2023 ini the amount of $328,727.21 and the Check Register by Check ID dated April 6,2023 in the amount of $40,478.02 as presentedby the Finance Officer. Roll cally vote was as follows: Dietz,y yea; Bernardo, yea; Aughenbaugh, Work Session Meeting Minutes - April 6, 2023 Registry of Invoices yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Public Comments: Linda London - City Resident Ispoke at thel March: 27th meeting of the City Council and voiced different concerns at that time. One of mys statements toy you, was thatt there are two key words to consider, now more than evera as your represent yourt tax payers, awareness and accountability. No one chose to addressi this comment or any other comment that was made during the public meeting. Wev weret toldy your would write down our concerns andr respond ata a later time. I will acknowledge thatl dids see some members takingr notes while citizen's expressed their comments. Your briefr responses were published int thel local newspapers weekend edition on April 1st-2 2nd, 2023.Imay bei incorrect in my assumption that you all get together sometime after thep public meeting to develop a unified answer to questions that were proposed. This must bei the current practice, because the news release to the media with ther responses to public comments from the Council Meeting of March 27, 2023, printed with City of DuBois, Pennsylvania letterhead was from DuBois City Council, all of you. Ifoundit interesting or perhaps alarming thatt the date oft that news release was April 20, 2022. This is not simply at typographic error with merely ai finger slip of the year's number. The month, day andy year were alli incorrect. Again, awareness anda accountability. These papers and all others that pass through your hands are: supposedly beingr reviewed by) your eyes before being released tot ther media or thep public. This may seem like ani insignificant issue toy youin light of ongoing problems within our City, but little things can add upi tol bigger issues over time. Perhaps work or documents can havel been done properly and thena a choice can be made to accept or reject the work as proposed or completed with honesty anda accuracy. Each ofy youl havea a responsibility as a member of the City Council to not maket thata function. Perhaps other papers of any sort could have beenl looked at with the goodi feeling that all isv well, there are no mistakes. Please take things seriously and do youri independent work! before collaborating as a unified group. Share your personal thoughts andi findings withouti fear of not being liket ther rest of the group. You cannot, not nor shouldy youe ever, consider making changes of any sort once documentationi is presented. Whenas statement isr release from DuBois City Council thati is each one of you. Please remember thatl requested on March: 27,2023 that there be no repercussions or retaliation for me or any member of my family or anyone that speaks at ap public City Council meeting. Your response backt to mey was that' "Thoset that comet forwardt to ask questions will not be retaliated against ina anyway." Iwould only hope SO. Debbie Mechling- City Resident The phrase we: are all familiar with' "Those that do not learn from their past are doomed to repeati it." lwould liket to take as short trip downi memory lane. In: 2015, at that time our City Council consisted of Herm Suplizio, City Manager; Gary Gilbert, Mayor; Ed' Walsh, Council 278 City Council Meeting Minutes - April 10, 2023 (Cont'd.) Debbie Mechling- City Resident Member; Diane Bernardo, Council Member; Jim Aughenbaugh, Council Member; Randy Schmidt, Council Member; Chris Nasuti, City Engineer; and Toni Cherry, City Solicitor. In2015, our City Manager's contract was renewedi for a 10-year contract by our City Council. Ibelieve the contract wasi referredi to as the million-dollar package. understand int the contract that was approved by our Council and Solicitor in: 2015 there was not a moral turpitude clause. Typically, this ethics moral clause isi included contracts of personnel who serve inj positions of great trust withl little orr no oversight. As aresult of that clausel being remitted, if for whatever reason our City Manager leaves the City Manager's position we: are under contract toy pay himt the entire balance of the 10-year contract. My questioni is, who drew upt the City Manager's contract? Did City Council readt the contract before it was signed by the City Manager? Did our City Solicitor read the contract, and what was her advice to Council at that time? Inr regards toi that contract, as llook at our Council Members this evening see thatt two of ourr members of Council, who were servingi inz 2015 and who were present at the inception of this contract are presently serving on Council. Ido not believe this contract was int the best interest of thei tax payers. Doy you? How was this allowedi tol happen? Stated! he was herer reviewing audits from: 2015 -2 2021 last Wednesday andi int the review of the audits two oft the audits for 2016 and 2017 were not official audits they werej just papers stapled together. When he asked about it, he stated he was toldt thatt the Attorney General's office has the official audits. He went ont to sayt that that he believes, withl him making a request, that someone should have contacted the auditing firm as hei is aware they have exact copies of the audit withi findings and havet them brought to the City of DuBois. Hel believes it's important we have a copy int the City of DuBois, because we dor not! have a bound copy now. (We do have an electronic copy without management letters, which are thep pages stapled together that he referred to.) Her refers toi them as documents stapled together with no determinations andi findings witht them. Councilwoman Gabriel confirmed ity was: 2016 and: 2017. Tryzna confirmed, the City Secretary corrected with: 2015 and 2016. Second Question: When youy voted to extend the contract of the City Manager until the end of: 2025 it was two weeks before your rescindedit. Youvoted for that Contract, did that become al legal binding contract att that point int time? Ifit did, how can your rescindi it? I'm confused, just don't know, I'm not ana attorney that can say how at thing is, butr my understanding is wheny you voted for that, at that point of time, thati it became al legal document. Al legal contract. I'm not sure howy you can rescind something when itr now has Concern: aboutt the light on Brady and Long, when ap person is walking down the street and they want to cross they havel likes seconds and they are not even into the middle of the road. Thel light turns green and people are like pushing them across the street. Al lot oft them live att the 21 ELong apartments: some of them are handicapped, some of them are elderly, some of themj just dor no walk well;l lam quite concerned for theirs safety. Iknow iflhad my mother out she'dr never get across in under 10 seconds. Iknow youl have looked. at the one up on Main Street, my neighbor got hit upi there. Iknow that was taken care of andy we Nasuti stated wel have been! looking at thet two on Main Street, we'll talk to PennDOT about this one. Itis part of thei radioed corridor witha all thel lights on: 219, P'll reach out toi them Debbie Mechling requested to speak again, Mayor Walshi informed hers shel had already used Ron Tryzna - City Resident been amended to the existing contract. Glenda Dixon - Washington. Avenue really appreciate that, but couldy youl looki into this one. Please. ands seei ift they can do something. her3 31 minutes. Shes stated she was going to say something positive. 279 City Council Meeting Minutes - April 10, 2023 (Cont'd.) Recommendations: Paving Ther motion was made! by Gabriel and seconded by Aughenbaugh that Council accept the recommendation: of Interim Manager/City Engineer Nasutia and award the contract to HRI, Inc. ini the amount of $194,899.80. Roll call vote was as follows: Dietz, yea; Bernardo,) yea; The motion was madel by Aughenbaugh: and seconded by Dietz that Council accept the recommendation: ofl Interim Manager/ City Engineer Nasutia and awardi the contract to Lines forl Less int the amount of $32,092. Roll call vote was as follows: Dietz,) yea; Bernardo, yea; Councilwoman Gabriel askedi ift the chemical stayed the same or raised like they didl last year. Thei motion was made by Deitz ands seconded by Aughenbaugh that Council accept the recommendation: of Interim Manager/City Engineer Nasuti and award the contract tos Sal Chemical ini the amount of $115.00/bag. Roll call vote was as follows: Dietz, yea; Bernardo, Ther motion was madel by Gabriel and seconded by Dietz that Council accept the recommendation of Interim Manager/City Engineer Nasutia and award the contract to Sal Chemical ini the amount of $19.40/bag. Roll call vote was as follows: Dietz,) yea; Bernardo, yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. 13-2000# Cylinder Liquid Gas Chlorine (Delivered to Water Plant) Ther motion was madel by Dietz and seconded by Aughenbaughi that Council accept the recommendation: of Interim Manager/City Engineer Nasuti and award the contract to Univar USAI in thea amount of $2,380.00/Cylinder. Roll call vote was as follows: Dietz, yea; Bernardo, Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. 2023 Pavement Markings Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Chemicals Nasuti stated that they were: about thes same. 130-50# Bags Sodium Fluoride (Coarse or Granule) yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed5 5-0. 3,500 - 50# Bags Light Soda Ash yea; Aughenbaugh,yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. 16-2000# Cylinder Liquid Gas Chlorine (Delivered to Sewer Plant) The motion was made by Gabriel and seconded by Dietz that Council accept the recommendation: of Interim Manager/City Engineer Nasutia and award the contract to Univar USA ini the amount of $2,380.00/Cylinder. Roll call vote was as follows: Dietz,yea; Bernardo, yea; Aughenbaugh,y yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Thei motion was made by Aughenbaugh and seconded by Gabriel that Council accept the recommendation: of Interim Manager/City Engineer Nasuti and award the contract to Coyne Chemical int the amount of $3,904.67/Tote Roll call vote was as follows: Dietz,) yea; Bernardo, Ther motion wasi madel by Aughenbaugh: and seconded by Dietzi that Council accept the recommendation. of Interim Manager/City Engineer Nasuti anda awardi the contract to Sal Chemical int the amount of $3.15/gallon. Roll call vote was as follows: Dietz, yea; Bernardo, 5-275 gallon IBCI Liquid Permanganate yea; Aughenbaugh,yea; Gabriel, yea; Walsh, yea. Motion passed5 5-0. Approx. 1,000 gals Per Month - Sodium Bisulfite Solution Liquid yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. 280 City Council Meeting Minutes = April 10, 2023 (Cont'd.) Recommendations: (Cont'd.) Chemicals 5-55 Gallon Drum Heavy Duty Degreaser The motion was madel by Gabriel and seconded by Dietz that Council accept the recommendation: of Interim Manager/City Engineer Nasutia and award the contractto Clearfield Wholesale int the amount of $552.86/Drum. Roll call vote was as follows: Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Ther motion was madel by Bernardo and seconded by Gabriel that Council accept the recommendation of Forester, Ken Kane and award the contract tol high! bidder Brownlee Lumber Companyi ini the amount of $410,288.00. Roll call vote was as follows: Dietz,yea; Bernardo, yea; Aughenbaugh, yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Denny Skraba stated hei is willing to head up Musicfest this yeari if Council is interested. Councilwoman Gabriel clarified that thei first concert would be on Thursday, June 22 and the last would be on Thursday, August 24th. He went ont to: say we normal have 11 concerts but this year we are onlys goingt tol have 10 ast thel last Thursday in August is too closet to Labor Day. Ther motion was madel by Gabriel ands seconded by Bernardo that Council approve Musicfest 2023 with Mr. Skraba headingi it up. Roll call vote was ast follows: Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Gabriel, yea;Walsh, yea. Motion passed 5-0. There beingr noi further business tot transact; ther motion was made by Aughenbaughand seconded by Gabriel that Council adjourn. Roll call vote was as follows: Dietz,yea; Bernardo,yea; Aughenbaugh,yea; Gabriel, yea; Walsh, yea. Motion passed 5-0. Timber Sale - Compartment: #4 City of DuBois- - Musicfest 2023 Adjourn APPROVED nal gie