Joint board amends consolidation agreement to conform with state law; mayor to be chosen by council

Du Bois joint board members approved a second amended joint consolidation agreement on a voice vote after staff and legal counsel recommended language changes to align the agreement with state law.

The amendment, presented by Ben, a staff member, clarified several deadlines and removed or revised provisions that conflicted with the Pennsylvania optional plan/charter law. "I have prepared a memo to explain the recommendations that attorney Santucci and I are recommending to the joint consolidation agreement," Ben said during the presentation. The board voted to approve the second amended agreement after agreeing to a motion that adjusted the consultant deadline for a proposed tax structure.

The most consequential change affects how the mayor will take office in the new municipality. Earlier drafts of the consolidation agreement stated the mayor would be elected directly by voters. Ben and the board's solicitor, Adam Santucci, advised that the optional plan provisions default to the municipal council choosing the mayor at the organizational meeting. Ben cited the statutory text stating "at the organizational meeting ... the members of the municipal council shall assemble ... organize, and elect one of their number as mayor." The board amended the agreement language to reflect that the mayor will be chosen by the council in accordance with state law.

The agreement also was updated to reflect how initial council terms will be allocated. Under the statutory scheme discussed, if seven council members are elected, the five candidates receiving the highest percentages of votes will serve four-year terms and the remaining two will serve two-year terms; the board updated section 17 to reflect that arrangement.

Board members also discussed the municipal controller's status. Legal counsel pointed to the statute that delays election or appointment of a new controller until an incumbent's term expires; as a result, the current controller would remain in office into the new municipality unless that incumbent leaves the post before the transition. Ben explained this meant one elected official could carry over into the new city while others would stand for election.

Other technical edits survived or were adopted on staff recommendation: a requested extension for the consultant-prepared tax structure and budget (the board approved an amended deadline), striking a specific January 1 timeline for fiscal-system consolidation in favor of non-specific language because staffing realities prevented the earlier date, and leaving a note that fire department consolidation timelines may require revisiting after the state report on consolidation recommendations.

The motion to approve the second amended joint consolidation agreement, as amended on the floor, carried by voice vote.

Board members and staff said the changes were intended to prevent conflict with state law and to provide clearer, achievable deadlines for work before consolidation. Ben closed the presentation by asking the board to approve the second amended agreement and the board did so with no recorded roll-call tally in the minutes.

Next steps the board identified include finalizing the tax-structure work with the Pennsylvania Economy League and monitoring the state consolidation report for final recommendations on fire services and other operational consolidations. The board also directed staff and counsel to proceed with the updated language in the executed agreement.

The meeting then moved on to subsequent agenda items.