267 City Council Meeting Minutes - March: 27, 2023 City Council Chambers, City Building, 16 West Scribner. Avenue, DuBois, Pennsylvania on Monday, January 9, 2023 @ 6p.m.; Council convened at theirr 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: City Solicitor, Toni Cherry; Acting City Manager/City Engineer/Public Works Director, Chris Nasuti; Public Works Superintendent, Scott Farrell; Redevelopment Authority Director/Assistant Public Works Superintendent, Joe Mitchell; Police Chief, Blaine Clark; Sergeant Shawn McCleary; Ther meeting was called to order at 6 p.m. and the Pledge of Allegiance was led by Mayor Mayor' Walsh: stated that after Council reviewed the Affidavit at the Executive Session following the Work Session on Thursday, City Manager, John "Herm" Suplizio, was put on paid Administrative Leave pending the outcome of thel legal proceedings. He askedi ifh he could have an official vote ont that action. The motion was made by Gabriel ands seconded by Aughenbaugh that Council put City Manager, John "Herm" Suplizio, on paid Administrative Leave pending the outcome oft the legal proceedings. Roll cally vote was as follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Walsh,yea. Motion Due tot the emergence of ther matter a request to addi Manager's Contract Extension of Ther motion was madel by Gabriel ands seconded by Dietz to addi Manager's Contract Extension of March 13th to the evenings agenda. Roll call vote was as follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaughyeswasn, yea. Motion passed5-0. Councilwoman Gabriel stated that she believes Council should rescind the Manager's contract extension andp possibly re-visiti it once thel legal process is completed. The motion was made by Gabriel and seconded by Aughenbaugh that Council rescind the Manager's Contract Extension of March 13, 2023. Roll call vote was as follows: Gabriel, yea; Dietz,) yea; Corporal Lanny Prosper; and/ Administrative Secretary, Bobbie Shaffer. Walsh. City Manager passed5-0. March 13th to the evenings agenda. Manager's Contract Extension of March 13, 2023 Bernardo,! yea; Aughenbaugh,yea; Walsh, yea. Motion passed5-0. Approval of Minutes City Council Meeting Minutes- - March13,2023 The motion was madel by Aughenbaugh and seconded by Dietz that Council approve the City Council Meeting Minutes of March 13, 2023, as presented. Roll call vote was as follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Walsh,) yea. Motion passed5-0. Ther motion was made by Gabriel ands seconded by Aughenbaugh that Council approve the Work Session Meeting Minutes of March2 23,2 2023, as presented. Roll call vote wasas follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaugh,yea; Walsh,yea. Motion Ther motion was made by Dietz and seconded by Aughenbaugh that Council approve the Purchase Order Listing by Vendor Name (General Fund) dated March: 23, 2023 int the amount of $653,310.77; Check Register by Check ID (Auto-Drafts) dated March: 23, 2023 in the amount of $56,156.53; andt the Check Register by Check ID (PennVEST New Sewer Plant Expenses) dated March23, 2023, in the amount of $4,003,098.50 as presented by the Finance Officer. Roll call vote was as follows: Gabriel, nay; Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Work Session Meeting Minutes - March23,2023 passed5-0. Registry of Invoices Walsh, yea. Motion passed 4-1. 268 City Council Meeting Minutes - Marchz,2033(Contd) Public Comments Priort tor residents speakingi it was announced that Council and the Solicitor would not be responding but woulda address their questions and concerns at al later time. Ron Trzyna -1 120 S.A Avenue - Past City Manager Mr. Trzyna readt thet following statement: "City Council has at fiduciary duty on the behalf of the Taxpayers and residents of the City of This duty includes honesty, loyalty andi trust owned by Council Members and the Solicitor DuBois. that represents the City of DuBois. This duty alsoi includes Oversight that reenforces public integrity. Youa as Council Members should ber responsive toi information and suspectedwrongdoings The Mayor has stated that therei is no money missing ini the City of DuBois. What investigation was done and by whom wasi it done to maket that determination. It was also stated that' "Council". was unaware oft the allegations that were being filed against the City orr misconduct within the City of DuBois. Manager. Iwant tol know what rock thati the City Council was living under. Iwasi informed bys someone out of state that they were aware of the pending warrant for arrest the same week that City Council extended the City Manager's contract per Through the affidavit we learned that bonuses were made at the end of the year ands some bonuses were very substantial. Were these bonuses included in the budgets att the beginning of they year. Where didt this additional money come from and through my discussion with City Managers from three; 3rd Class City with the Council Manager form of At Thursday's work session Council Member Shannon Gabriel requested an "Executive Session" to discuss a personnel issue. Iknow that we not privy to that information, but I'd liket tol knowi in what room didt this executive sessioni take place. Was the City Manager in thel building during thev work session anda after the work session and during the Executive Asat taxpayer andi former City Managerl feel that Ishould have confidence in our City Officials. InsteadI Ifeel that I'm part of thet tvs show Hogan Hero's where Sgt. Schultz saysl know nothing, Isee nothing. Youa all on Council are! Sgt Schultz buty youl havej judiciary duty ConnectFM. Is this true? government they couldhn'tcomprehend this bonus program. Session along with beingi ini the City Building ther next day? and oversightr responsibilities' for the City of DuBois. As resident of the City, we need to aski if there should ber resignations. Additional requests for information willl bet forthcoming." Linda London - 527 Rumbarger Avenue Ms. London read thei following statement: "My namei is Linda London. Ireside int the City of DuBois. Iwould like my 3-minute time limit tos start now. 269 City Council Meeting Minutes March: 27, 2023 (Cont'd.) (Ms. London had another paragraph concerning the Manager's Contract Extension but asit Another concern that Iwills sharei is referencing statements made by the DuBois Solicitor. It starts out stating the disappointment of her and Council members learning about the allegations against City Manager, Herm Suplizio. Thisi is another statement, andl quote, "Out ofr respect for Herm, as well as thej judicial process, we willi reserve comment ont these allegations untila ar more: appropriate time." " Boths statements are fine. But at this time, perhaps no more needed to be: said withi regard to Mr. Suplizio. Buti instead, she did continue to statel her perspective on! his integrity, passion, and determination for DuBois. Thel legal system states that basically, ally people arei innocent until proven otherwise. Then public statements from Council, Solicitor, or others in City positions should not be made to support or oppose Mr. Suplizio ands sucha allegations. The news release also states the Council will "remain vigilant int the oversight of City funds andi its employees." lam not sure that vigilance" overt thep pastf fewy years has necessarily been as strong point. The allegations presented by the Attorney General go as far back as: 2014. Some ofy you have been on Council or other areas of city government during this time period yety you obviously feelt that this situation did not or could not have ever happened. Twol key words to think about are Awareness and Accountability. As representatives to us, yous should know how thet finances are taken care ofa and! be responsible for that money. Itr may be easyt to statet that' "therei ist no moneyr missing" for the City'sfunds. Buti if money is not placedi ini the proper allocated fund, how wouldi ite ever be accounted for? The "checks and balances" system apparently felli into thel hands of onlya as select few. lalsor read that bonuses were designateda andg given to certain City employees, including the City Manager, aty year's end from: 2014-2022. Said bonuses were determined byt the City Council..but because itisa personnel matter, there are no written reports or minutes kept from the executive session. lam curious tol know what "City of DuBois fund" this money came from. Please do not raise thet taxes of your citizens to cover: said expenses! How does Council plan to be more "vigilant" than they have been with the City'sf funds and employees to ensure integrity Again, thep philosophy of beingi innocent until proven guilty arises. However, in most places ofe employment, if said charges weref fileda against ane employee, he/she would! be suspended, withp pay, at that time untilt thei incident was terminated. Apparently, this ethical process is nott the case fore employees of the City of DuBois. Thei formal arrest was made on Monday, Marchz 20th andt thes suspension didi not occur until Friday, March: 24th. Andi freedom to enter Becausel shared my matters of interest and concern withy yout today, would certainly hope that there would be nor repercussions for me or any member of myi family! becausel Ispoke up about thesei issues. l'am not a member of myf family! becausel spoke up about these issues. lam not ar member of any particular group or organization int this area for whichl lam seeking support. l'ama a citizen who! believes inb being honest, upright, truthful and was addressed: she did notr readit.) within thes government of DuBois? ande exit the City Building fori those days still existed for him. maintaining a clear conscience." Deborah Mechling. - Munroe Street resolved then! he gets paid. Elliot Gelfand- 1 15. Highland Street Ms. Mechlings suggested that Mr. Suplizio's salary be puti into an escrow; when all oft this gets While found thet financial misdealing incredibly troubling what found equally troubling is that the City's pride, our natural water supply, was up for sale. Can yout tell us what contracts exist withi fracking companies tos sell DuBois city water? Are there ongoing contracts selling City watert tot fracking companies or anyone else? Whati is being donet to protect the City of DuBois water supply? 270 City Council Meeting Minutes - March: 27, 2023 (Cont'd.) Theresa Stoey - Main Street Idon't have anything to say about the situation itself except for this. People ing glass houses shouldn't throw: stones. Nobody inl herei is perfect. Nooobody. What you are trying to doi to our City Council members that you think theys should all resign. Who's goingt tor run the City then? Arey youg goingt tor runt the City; a want tol be politician. Who's going to runt the City? (gota a littler roudy thel Mayor had to use the gavel)) Yous shouldn't throw stones ify you'rer not perfect. Yous shouldn'to condemn all of themi for what they now have to do. You can: sit here and laugh, thinki it's funny, but that's just howl Iwas raised. Iwas raised not tot turn around and point at finger at someone else when againi innocent until proved guilty and that was eveni int thep paper by the Attorney General. Innocent until proved guilty. Youl have alll hung hima already andy you're not even: sure oft the outcome at the end. You, don't know what itis goingt tol be at the end. You're alll hanging him already. Again thati is howl Iwas raised and Due tot the emergence of the matter ai request to add Interim City Manager to the agenda. Thei motion was made by Gabriel and seconded by Aughenbaugh that Council addl Interim City Manager tot the agenda. Roll call vote was as follows: Gabriel, yea; Dietz, yea; Bernardo,) yea; Aughenbaugh, yea; Walsh, yea. Motion passed5-0. Ther motion was made by Gabriel and seconded by Dietz that Council introduce andr name Chris Nasutia asl Interim City Manager of the City of DuBois. Roll call vote was as follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaugh, yea;Walsh,) yea. Motion passed5-0. Interim Manager Nasuti stated that Council received a proposal int their packets on Thursday. Request from Downtown DuBois, Inc. for use of the Pershing Lot on Monday's from 10:30 Interim Manager Nasuti stated thisi is an annual request. The motion was made by Aughenbaugh and seconded by Gabriel that Council approve thei request from Downtown DuBois for use oft the Pershing Lot on Monday's from 10:30 a.m. until 2 p.m. for Food" Trucks. Roll call vote was as follows: Gabriel,yea; Dietz,yea; Bernardo, yea; Aughenbaugh,yea; Request from Downtown DuBois, Inc. fora a City Worker for trash pick-up after the Spring Clean-Up from 11 a.m. untili p.m. on! Saturday, April 22, 2023; assistance clearing thes streets Thei motion was made by Dietz ands seconded by Aughenbaugh that Council approve the request from Downtown DuBois fora a City Worker for trash pick-up, assistance clearing the streets for Fire Companies andi use oft the City Dumpster for annual Spring Clean Up. Roll call vote was as follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Walsh,yea. Councilwoman Bernardo expressed her appreciation for the Down to Earth Garden Club beautifying the City of DuBois fori thel last 25 years. Itwas felt as they nol longer take care of the embankment att thet top of the boulevard or the water treatment plant that the agreement: should be updated. Bernardo requests that Council review the agreement for There being nof further business tot transact; the motion was made by Aughenbaugha and secondedl by Bernardo that Council adjourn. Roll call vote was asi follows: Gabriel, yea; Dietz, yea; Bernardo, yea; Aughenbaugh, yea; Walsh, yea. Motion passed5-0. brought upi int this City. Interim City Manager Cosmetology School Building Itwouldb be ont the agenda for the next meeting. a.m. untilz 2 p.m. for Food" Trucks Walsh, yea. Motion passed5-0. to assist thel Fire Companies; and use of the City Dumpster. Motion passed5-0. Review of Down tol Earth Garden Club Agreement the nextr meeting. Adjourn ATTEST: DAR Gplp