HomeMy WebLinkAbout2010-10-28 Commissioner Minutes
THURSDAY, OCTOBER 28, 2010
The Franklin County Commissioners met Thursday, October 28, 2010, with the
following members present: David S. Keller, Robert L. Thomas and Robert G.
Ziobrowski. Chairman Keller presided and after calling the meeting to order, and the
Pledge of Allegiance proceeded with the business of the day.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved to adopt the agenda.
Mr. Bill Landis provided public comment and asked what safeguards did the
Board put in place with regards to the Redevelopment Authority Board to ensure that the
County and tax payers are not financially liable? The Board and County Solicitor
assured Mr. Landis that there is no liability because it is explicit in the law that creates
the authority that it stands separate, as its own body and there is no financial liability to
the County or tax payers. Mr. Landis informed the Board that this will be his last meeting
and he will be silent but there are 500 people that are working on making a change
during the primary election. To Mr. Thomas, even though he was high vote getter, there
were many more votes he didn’t get. They should show Mr. Allen Piper more respect.
Mr. Allen Piper provided public comment that asked some questions a few weeks
ago related to board actions and was never given a response but can’t remember what it
was. Today Mr. Piper asked about the CGL amendment, Interstate Garage Doors and
Visitors Bureau Grant actions. Doesn’t understand these and having problem
interpreting what these costs are going for and what they mean. Mr. Piper asked the
Chairman to get back to him with an explanation.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved all bills presented and ordered paid.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the minutes of October 19, 2010 and October 21, 2010 meetings.
The Board reviewed Children & Youth matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Agreement
between the County of Franklin and Suzanne M. Trinh, Esq. to provide fill-in Children &
Youth Solicitor Services when the current solicitor is on leave, or another legal
proceeding at a cost of $55.00 per hour not to exceed $8,000.00 for the period of
September 20, 2010 through June 30, 2011.
The Board reviewed Clerk of Courts matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved the Quote from IMR, Hewlett
Packard, Provantage and CDW-g to purchase Landex Software and associated
hardware to implement at a cost of $68,564.00. Hardware is on the Costars-3 State
contract.
The Board reviewed Commissioners’ Office matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Amendment to
the Agreement (dated July 2010) between the County of Franklin and Carter Goble Lee
to include program services for consolidation of administrative and Human Services
functions into existing structures located at or near the downtown square for an
additional cost of $50,000.00.
Continued on page 2
The Board reviewed additional Commissioners’ Office matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the
Pennsylvania Department of Environmental Protection Water Obstruction and
Encroachment Permit for Franklin County Bridge #27 and #28 located in Saint Thomas
and Hamilton Townships.
The Board reviewed Department of Emergency Services matters. On a motion
by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the
Letter of Agreement between the County of Franklin and CDI Infrastructure, LLC and L.
Robert Kimball & Associates, Inc. to assign the rights and obligations under the current
contract from L.R. Kimball to CDI-Infrastructure. CDI-Infrastructure agrees that upon the
complete execution of this agreement will assume and agree to perform all unperformed
duties and obligations under the contract and will be bound by all of the provisions of the
contract.
The Board reviewed additional Department of Emergency Services matters. On
a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously
approved the Proposal from CDI-Infrastructure, LLC D/B/A L. Robert Kimball to provide
radio system implementation management services at a cost of $101,000.00 for the
period of October 1, 2010 through September 30, 2011.
The Board reviewed Grants Management matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of
the Board to execute the Grant Award notice from US Department of Justice, Office of
Community Oriented Policing Services for an award amount $300,000.00 to be used for
interoperable radios for Emergency Services Alliance.
The Board reviewed MH/MR matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of the
Board to execute the Supports Coordination Organization Annual Qualification
Application to Pennsylvania Department of Public Welfare for annual renewal as a case
management provider for Mental Retardation.
The Board reviewed Property Management matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Estimate from
Interstate Garage Doors, Inc. to install garage door openers with 2 transmitters at 218
North Second Street at a cost of $844.00.
The Board reviewed additional Property Management matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the
Proposal from RA Hill, Inc. to provide snow removal services at the Courthouse, Franklin
Farms and Admin. Annex at a cost according to rates listed on proposal depending on
equipment for the period of November 1, 2010 through December 31, 2011.
The Board reviewed Tax Claim matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved the Exonerations listing for
parcels exonerated for the 2010 County and Library taxes for Antrim Township.
The Board reviewed Visitors Bureau matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved the Contract No.
C000050027 between the County of Franklin and PA Department of Community &
Economic Development for the Tourist Promotion Assistance Grant for a grant amount
of $22,605.00 for the period of July 1, 2010 through June 30, 2013. These funds will be
used to purchase 20 units to display video and brochures at hotels, inns and bed and
breakfasts.
Continued on page 3
In accordance with PA Act 14 notification, Bear Valley Franklin County
Pennsylvania Joint Authority notified the County of a Pennsylvania Department of
Environmental Protection NPDES renewal permit application being applied for the water
treatment plant.
In accordance with PA Act 14 notification, American Stairs & Cabinetry notified
the County of a Pennsylvania Department of Environmental Protection Synthetic Minor
Operating Permit renewal application being applied for spray booth #1, #2 & #3,
woodworking operations, cyclone, fabric collector, exhaust, etc. on property located in
Franklin County.
In accordance with PA Act 67, 68 and 127 notifications, Martin & Martin, Inc.
notified the County of a Pennsylvania Department of Environmental Protection BWM-
GP-11, BDWW-GP-3, and BDWM-GP-4 General Permits being applied by Montgomery
Township Board of Supervisors for Montgomery Church Road culvert replacement
located in Montgomery Township.
In accordance with PA Act 14 notification, Glace Associates, Inc. notified the
County of a Pennsylvania Department of Environmental Protection application being
applied by Winter Greenes Joint Venture, LLC for construction of a community public
water supply for development located in Montgomery Township.
In accordance with PA Act 14 notification, AET Agricultural Consulting notified
the County of a Pennsylvania Department of Environmental Protection General Permit
PAG #12 being applied by Mount Pleasant Farms for a concentrated animal feeding
operation located in Greene Township.
In accordance with PA Act 14 notification, Chris Duffield notified the County of a
Pennsylvania Department of Environmental Protection Permit application being applied
to improve an existing equipment crossing in need of repair located in Montgomery
Township.
In accordance with PA Acts 67, 68 and 127 notifications, R. Lee Royer and
Associates notified the County of a Pennsylvania Department of Environmental
Protection General NPDES Permit being applied by D.L. George and Sons for land
development on property located in the Borough of Waynesboro.
In accordance with PA Acts 67, 68 and 127 notifications, Red Barn Consulting,
Inc. notified the County of a Pennsylvania Department of Environmental Protection
Renewal Individual NPDES CAFO Permit being applied by Mercer Vu Farms, Inc. for
existing dairy operation located in Mercersburg, PA.
John Hart, Chief Clerk/County Administrator asked the Board for an Executive
Session to discuss real estate transactions.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
to enter an executive session at 9:37 a.m. this date for the
unanimously approved
purpose to review real estate transaction matters. The Board reconvened into
regular session at 10:00 a.m.
Commissioner Keller announced there will be no meeting on Tuesday, November
nd
2 due to Election Day.
Continued on page 4
Commissioner Keller announced that several weeks ago the Board directed staff
to talk to property owners regarding properties in vicinity of downtown with regards to
judicial facilities. John Hart, County Administrator advised that staff has been working
with various property owners at Main and LWE location and Grant and Second Street
location. Has two right of first refusal options and a sales agreement for Board
consideration. First right of first refusal option is for the Harmon’s property, County has
right of first refusal for property and if property owner receives a bonofide offer then the
County has 15 days to decide to purchase the property. Purchase price is set at
$425,000 and this agreement will be in place until December 31, 2010. Second right of
first refusal option is with Jennings Brothers with same conditions as Harmon’s
agreement but with a four month period and a purchase price of 2.5 Million Dollars. No
money will be exchanged for the options agreements. A sales Agreement for purchase
of the AMS property was presented to the Board. Taxes, water, and sewer bills will be
prorated with AMS and County on date of sale. 2% realty transfer tax is split 1% to each
th
the buyer and seller. Settlement date is set for on or before November 19. Cost will be
the balance of mortgage that AMS owes M&T Bank at time of settlement which is
approximately 1.5 Million Dollars. County currently pays $152,717.00 rent per year
which will be a realized savings by purchasing the property. The property also
generates annual revenue of $130,000.00 from leases. Mr. Hart reported that the 2004
bond issue has available money to pay for this purchase. No additional debt service will
be generated.
Commissioner Keller commented that this purchase will give the county badly
needed flex space for current court operations, and that at least in the short term
operational expenses will be reduced because the county will no longer be paying rent
for the building and because existing non-County government tenants will be paying rent
to the County which will help defray the cost of owning the building if not also helping the
County’s overall bottom line.
Commissioner Thomas commented that owning the building was good for the
County whether the County did nothing at this time to expand facilities, expanded
downtown, or at the Jennings site. He also emphasized that no general fund dollars
would be needed for this purpose and no additional debt service.
Commissioner Ziobrowski commented that the Trust Company Building purchase
is a prudent investment , regardless of whether the County builds new or remodels to
meet the court’s facilities needs. The Harmon’s and Jennings agreements reduce the
number of variables in planning for the County’s future facilities needs.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the Agreement for Sale between the County of Franklin and AMS
Rentals, LLC for purchase of building and parking spaces at 14 North Main Street,
Chambersburg at a cost of the outstanding mortgages owed by the Seller as of date of
settlement. This action was amended to include Resolution No. 2010-15 to designate
John Hart, County Administrator to be the authorized agent on behalf of the Board of
Commissioners for execution of real estate documents.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the Right of First Refusal Option Agreement between the County
of Franklin and John H. Harmon Estate and Mary A. Rebok to give County option to
purchase the building at 26-28 North Main Street, Chambersburg for a total sum of
$425,000.00. This option agreement expires on December 31, 2010.
Continued on page 5
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the Right of First Refusal Option Agreement between the County
of Franklin and Jennings Brothers to give County option to purchase from Seller the
buildings at 340 North Second Street, 247 Grant Street, 251 Grant Street, Grant Street,
438 Broad Street, 444 Broad Street and 454 Broad Street, Chambersburg for a total sum
of $2,500,000.00. This option agreement expires four months from October 19, 2010.
The Board met with the Human Resources Director and the Controller for Salary
Board matters.
Dr. Barry Parks, Nursing Home Administrator, Carol Knisely, QUnique
President CEO, Mary Kimmel, Finance Manager and Alma Cullers, Director of
Nursing met with the Board to review the Falling Spring Nursing and Rehabilitation
Center Governing Board Report which is attached and made a part of these minutes.
Teresa Beckner, Fiscal Director, Greg McLanahan and John Fry from Public
Financial Management (PFM) met with the Board to discuss financing options. John Fry
provided an overview and update on three financing options the County is
contemplating. First is the Recovery Zone Bond of which the County was allocated
$1,566,000 from the stimulus program. Maturity date that notes/bonds need issued is
December 31, 2010. Have requested proposals from area banks and deadline is
th. th
November 9 Will report back to Board on November 16 with proposal. John Hart
explained that Recovery Zone Bond money would be used to replace boilers and
windows at the Nursing Home and update the electrical system. Mr. Fry said that also
looking at refunding for Motorola lease agreement. Would be savings of $300,000.00 to
$350,000.00 in debt interest savings if lock in now. 2002 Bond Issue would have an
internet bond auction in January. When bidding is done, results of all bids are on the
internet for everyone to see.
Board authorized staff to proceed and will sign a fee letter with PFM next week
after Board review.
The Board recessed at 11:30 a.m. and will reconvene at 2:15 p.m. to settle
assessment appeals.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
changes or denials to the attached Franklin County
unanimously approved the
Appeals Schedule dated October 5, 2010 and October 26, 2010, which is attached
and made a part of these minutes.
The meeting was adjourned at 4:24 p.m. with a motion by Robert L. Thomas;
seconded by Robert G. Ziobrowski.
FRANKLIN COUNTY COMMISSIONERS