36  City Council Meeting Minutes-J July26,2021  City Council Chambers, City Building, 16 West Scribner Avenue, DuBois, Pennsylvania onl Monday, July 26, 2021 @7p.m.; Council convened: att their regular City Council Meeting with Mayor Walshi int the Chair. Other Council Members present were: Diane Bernardo, Shane Dietz, and Shannon Gabriel. Alsop present were: City Manager, John' "Herm" Suplizio; City Solicitor, Toni Cherry; City Engineer/Public' Works Director, Chris Nasuti; Redevelopment. Authority Director/Assistant Public Works Superintendent,. Joe Mitchell; Police Chief, Blaine Clark and City Secretary, Bobbie Shaffer. Absent: Councilman, James Aughenbaugh and City Controller, David Volpe Ther meeting was called to order at7p.m. andi the Pledge of Allegiance was led by Mayor Walsh. Ther motion was made by Gabriel and seconded by Dietz that Council excuse Councilman James Aughenbaugh from thee evenings proceedings. Roll call vote was as follows: Gabriel, yea; Dietz,yea;  Excuse Councilman. James Aughenbaugh Bernardo,) yea; Walsh,yea. Motion passed 4-0. City Council Meeting Minutes- July 12,2 2021  Approval ofl Minutes  Ther motion was made by Dietza and: seconded by Gabriel that Council approve the City Council Meeting Minutes of July1 12, 2021 as presented by the City Secretary. Roll call vote was ast follows: Ther motion was made! by Gabriel ands seconded by Dietz that Council approve the Work Session Meeting Minutes of July: 22, 2021 as presented! by the City Secretary. Roll call vote was as follows: The motion was made! by Dietz ands seconded! by Gabriel that Council approve the Purchase Order Listing by Vendor Name datedJ July: 22, 20211 ina amount of $500,288.88 and the Autodraft Check Register by Checkl ID dated. July: 22, 2021i int thea amount of $17,352.48 as presented byt the Finance Officer. Roll call vote was as follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Walsh, yea. Motion  Gabriel, yea; Dietz,) yea; Bernardo, yea; Walsh,) yea. Motion passed 4-0.  Work Session Meeting Minutes- July, 22, 2021  Gabriel, yea; Dietz,) yea; Bernardo, yea; Walsh,) yea. Motion passed 4-0.  Approval of Registry ofl Invoices  passed4 4-0.  Public Comments- No Public Comments New Agenda Procedures Sunshine Act.  Recently wev weres sent ane emailf from PELRAS (Public Employer Labor Relations Advisory Service)a program oft the Pennsylvania Municipal League concern Public Meeting Requirements Under the  New Public Meeting Requirements Under the Sunshine Act Effective August 29, 2021, government agencies covered under the Pennsylvania Sunshine Act, including local governments, must make meeting agendas available to the public 24 hours in advance of public meetings. These newr rules are pursuant to reçent amendments ("Act 65") to the Sunshine Act, signed by Governor Wolf on June 30, 2021. Under Act 65, if an agency hasa public website, the meeting agenda must be posted on the website no later than 24 hours prior to the start of the meeting. The agenda must also be posted, 24 hours in advance, at the agency's principal office and at the meeting site. Finally, the agency must also make agenda copies available to attendees  ati the meeting.    37  City Council Meeting Minutes-J July26,202(Contd)  New Agenda Procedures (Cont'd.)  Takeaways  Effective August 29, 2021, local and state agencies must make meeting agendas available tot thep public 24 hoursi in advance of public meetings. The advance agenda must be posted ont the agency's website, and at the Agenda copies must also! be made available to attendees ati the meeting. Ther new advance agenda rules apply to regular and special meetings, but There are limited scenarios under the new rules where the agency may  agency's principal office and meeting site. not to work sessions or executive sessions. consider business not listed on1 the posted agenda.  The Bottom Line  Effective August 29, 2021, local and state agencies covered under the Sunshine Actr must make agendas available to the public 24 hours in advance of public meetings. The advance agenda must! be posted on the agency's website, as well as at the agency's principal office and meeting site. Agenda copies must alsol be made availablet to attendees at the meeting. These new rules apply to regular and special meetings, but not to work sessions or executive sessions. Read Campbell Durrant's full article fori information on exceptions where an agency may consider business not listed ont the advance  agenda.  There was much discussion onl how toi implement and! howi it will affect how we currently conduct business. There were many questions and concerns; City Solicitor Cherry statedt that she would read Request approval of 2021 CDBG Timeline for Application and al Publicl Hearing for Monday, August Redevelopment Director Mitchell stated thati inp previous years we relied on a citywide survey which proved that our LMI (Low tol Moderate Income) was aboves 51%; unfortunately, thes survey! has expireda andi is very costlyt to! have performed, we arer nol longer eligible for citywide now we have to picki individual LMI areast to expend funds. The motion was made! by Bernardo: and seconded! by Gabriel that Council approve the: 2021 CDBG Timelinei for Application: as presented anda a Public hearingt for Monday, August 9,2 2021 at 6:50 p.m. concerning needsi int the City of DuBois. Roll call vote was asf follows: Gabriel,) yea; Dietz,) yea; Bernardo, yea; Walsh,) yea. Motion passed 4-0. National Fuel has written al letter objecting to our Degradation Fees whicht they were invoicedi in connection with utility work performed int the City. Attorney Sisinni's stancei ist that as' "Degradation Fees" arer not authorizedi in our ordinance in Chapter 21, Part1 oft the City Codet they are unlawful. Attorney Sisinnir requests wer revise our permits and associatedi invoices removing thec charges related to" 'Degradation Fees" anda amendi the Resolution to eliminate "Degradation Fees"; otherwise, they will resort tol litigation. Code Enforcement/Zoning: Officer Lawhead took pictures of thep permitted areas National Fuel was invoiced (Weber Avenue). The City Solicitor statedt that itis not thet tax payers that should payf for replacing the roadi that National Fuel has destroyed. She also believes, thatt the street: asi it currently stands, has lowered the value oft thel homes int that location.  more abouti ita andl looki into what was considered limited scenarios".  9,2 2021 ate 6:50 p.m.  Letter from! National Fuel Gas Company    38  City Council Meeting Minutes-uly26,2021 (Cont'd.)  Letter from! National Fuel Gas Company (Cont'd.)  Councilwoman Gabriel talked about the work National Fuel performed around her home; they dida Councilwoman Bernardo: askedi if National Fuel contacts the City! beforet they dig? Doi they! have to  terriblej jobr restoring they yard. getap permit?  Engineer Nasutis statedt that they dos geta aroad opening permit from Lawhead. Bernardo: suggested thati inf future wet take aj picture of ther road previous to their dig. City Solicitor Cherry saids she doesn't thinkt they havea ap problem with restoration, theyj just don't! like Bernardo: askedi ift there was a needf for ar motion tol have Lawhead take pictures prior to work. Mayor Walsha askedi ifb before National Fuel opens the road, do they knowt the fees?  the prices ont the permit.  Solicitor Cherry stated wej just don't liket the way they patch.  Nasuti confirmed thatt they do. and Lawheadi needt tol huddle.  Solicitor Cherry askedi ift the date oft thep pictures was the same date they applied for the permit. Nasuti saids she would have tot talk tol Lawhead fori further information ont that. Cherry stateds she The motion was made by Gabriel and seconded by Bernardo that Councilt turn the letter over tot the City Solicitor fora ar response on or before August 2,2021. Roll call vote was as follows: Gabriel,yea;  Dietz, yea; Bernardo, yea; Walsh, yea. Motion passed4-0.  Police Chief- Blaine Clark  Believes the additional: stop signs are helping on Chestnut Avenue.  Apolice car, man oru unmanned, has beens stationed along the route and that also seems to  help. Adjourn  Therel beingr nof further business tot transact; the motion was madeb by Dietz ands seconded by Gabriel that Council adjourn. Roll call vote was as follows: Gabriel, yea; Dietz,) yea; Bernardo,) yéaWalsh, ATTEST 24- APPROVED: 4  yea. Motion passed4-0.