DUBOIS – DuBois City Council on Monday discussed a letter from National Fuel calling its degradation fees unlawful.
The letter was sent to Assistant Solicitor Paula Cherry from Attorney Dominick A. Sisinni of National Fuel.
In the letter, Sisinni wrote that the degradation fees, which are invoiced by DuBois City, were unlawful.
He specifically mentioned two fees, amounting to $1,552.80 and $10,684.44.
Sisinni requested the city revise permits to eliminate fees for work that’s already been completed.
He said the city should pass a resolution to eliminate its degradation fee to resolve the issue and avoid litigation.
Sisinni said that municipalities are only allowed to require “reasonable” fees.
He said the city, however, is charging $50 per square yard of road, which goes beyond “reasonable.”
Sisinni based reasonable on PennDOT’s fee of $40 per 100 lineal feet opening.
National Fuel alleges the city’s degradation fee is intended to illegally raise revenue for its general fund.
Sisinni said a lack of resolution would prompt National Fuel to file Right to Know requests with DuBois City.
And, he said, this could prompt investigation into the city’s handling of the fee and if it’s applied to the general fund.
The $10,684.55 was for work done on West Weber Avenue, South High and Jared streets and Sharp Hamon Alley.
The $1,552.80 was for work done on South State Street and Cemetery and Spring avenues.
W. Weber as of the Meeting night (Photos by Steven McDole) 
W. Weber as of the Meeting night (Photos by Steven McDole)
Mayor Ed Walsh asked if National Fuel was unaware of the fee totals before it began the work.
Engineer Chris Nasuti said the fees were known beforehand and listed on the permits National Fuel had signed off on.
“Our position is: it’s not the responsibility of the city to clean up after [National Fuel Gas Co.],” said Solicitor Toni Cherry.
The degradation fees were implemented to fund repairs to those roads.
Council discussed areas of the city that weren’t sufficiently repaired after roads were dug up for work.
And Coke Hill was one area.
Councilwoman Shannon Gabriel said that part of her yard and sidewalk was messed up and never properly restored.
Photos of West Weber Avenue, part of the area covered under the $10,684.55 degradation fee, were passed around.
Photos shown to council members and the media depict how National Fuel left those roads.
Cherry intends to respond to the letter, and clarify that the city wasn’t just upset over the color of the macadam.
Councilwoman Diane Bernardo suggested that Zoning and Code Enforcement Officer Zac Lawhead document roads before and after work is done, if they must be dug up.
Councilman Jim Aughenbaugh was excused from the meeting.
