HomeMy WebLinkAbout2011-09-13 Commissioner Minutes
TUESDAY, SEPTEMBER 13, 2011
The Franklin County Commissioners met Tuesday, September 13, 2011, 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 G. Ziobrowski; seconded by Robert L. Thomas;
unanimously approved to adopt the agenda.
There was no public comment.
The minutes of September 6, 2011 and September 8, 2011 meetings were read.
These will be approved Thursday, September 15, 2011.
The Board reviewed Agreements and Contracts. Stu Veinotte, Project Archivist
and Noll Wilt, Information Services Director met with the Board to provide information on
the Morefield Communications contract and the reasons for the new telephone system
and upgrade to the County’s network system.
The following items were approved today and the remainder items will be
approved Thursday, September 15, 2011.
The Board reviewed Commissioners’ Office matters. On a motion by Robert G.
Ziobrowski; seconded by Robert L. Thomas; unanimously approved the Declaration of
Disaster Emergency due to severe weather and effective September 9, 2011 to direct
the Franklin County Emergency Management Coordinator to coordinate the activities of
the emergency response, to take all appropriate action needed to alleviate the effects of
this disaster, to aid in the restoration of essential public services, and to take any other
emergency response action deemed necessary to respond to this emergency.
The Board reviewed additional Property Management matters. On a motion by
Robert G. Ziobrowski; seconded by Robert L. Thomas; unanimously approved for the
Chairman of the Board to execute the Contract between the County of Franklin and
Analytical Laboratory Services, Inc. to perform inspection for hazardous materials at the
Firehouse Building on Second Street, and provide detailed sampling results, at a cost of
$3,285.00 for a one-time service.
The Board reviewed Property Management matters. On a motion by Robert G.
Ziobrowski; seconded by Robert L. Thomas; unanimously approved for the Chairman of
the Board to execute the Contract between the County of Franklin and Analytical
Laboratory Services, Inc. to perform inspection for hazardous materials at the former
Harmon’s Furniture Building, and provide detailed sampling results, at a cost of
$2,885.00 for a one-time service.
Mary Beth Shank, County Solicitor met with the Board to ask them to consider an
Ordinance to establish a Blighted Property Review Committee. Mary Beth Shank
explained the Rural Development Authority (RDA) request to the Board to proceed with
an Ordinance under the Redevelopment law. The Committee will consist of one
Commissioner, Chairman of the RDA, Chairman of the Planning Commission and four
members of the community. On a motion by Robert G. Ziobrowski, seconded by Robert
L. Thomas; unanimously approved Ordinance No. 2011-02 to create a Blighted Property
Review Committee and allowing for the acquisition and disposition of real property under
certain conditions and that the attached Ordinance be made a part of these minutes.
This public meeting was advertised in the local paper on September 2, 2011.
Continued on page 2
The meeting was adjourned at 10:28 a.m. with a motion by Robert G. Ziobrowski;
seconded by Robert L. Thomas.
FRANKLIN COUNTY COMMISSIONERS
County of Franklin
Ordinance 2011- 02
AN ORDINANCE OF THE COUNTY OF FRANKLIN CREATING A
BLIGHTED PROPERTY REVIEW COMMITTEE, TO BE KNOWN AS THE
“FRANKLIN COUNTY BLIGHTED PROPERTY REVIEW COMMITTEE,” AND
ALLOWING FOR THE ACQUISITION AND DISPOSITION OF REAL PROPERTY
UNDER CERTAIN CONDITIONS
WHEREAS, the Franklin County Redevelopment Authority was established by Ordinance
of the Franklin County Board of Commissioners on August 17, 2010; and
WHEREAS, the establishment of a Blighted Property Review Committee is provided for in
the Urban Redevelopment Law, 1945, May 24, P.L. 991, as amended by Act 94 of 1978, Act
39 of 1988, Act 58 of 1996, and Act 2002-113; and
WHEREAS, it is deemed to be in the best interest of the citizens of the County of Franklin
that a blighted property review committee be created and empowered to certify to the
Franklin County Redevelopment Authority (hereinafter “Redevelopment Authority”)
blighted properties so that the Redevelopment Authority may consider holding, clearing,
managing or disposing of property for potential residential and related reuse and commercial
or industrial reuse;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of
Commissioners of Franklin County, Pennsylvania, as follows:
SECTION 1: Purpose
The purpose of these provisions is to establish a Blighted Property Review Committee of the
County of Franklin to implement the provisions of the Urban Redevelopment Law, 1945,
May 24, P.L. 991, as amended by Act 94 of 1978, Act 39 of 1988, Act 58 of 1996, and Act
2002-113, and to promote the reuse of the blighted properties in the County of Franklin.
This Blighted Property Review Committee shall be known as the “Franklin County Blighted
Property Review Committee” (hereinafter the “Committee”)
SECTION 2: Definitions
1. “Authority” or “Redevelopment Authority.” The Redevelopment Authority of the
County of Franklin, Pennsylvania, a public body and a body corporate and politic
created by Ordinance 2010-001 of Franklin County on August 17, 2010 pursuant to
the provisions of the Urban Redevelopment Law, as amended.
2. "Blighted Property." Blighted property shall include:
a. Any premises which because of physical condition or use is regarded as a
public nuisance at common law or has been declared a public nuisance in
accordance with local housing, building, plumbing, fire or related codes.
b. Any premises which because of physical condition, use or occupancy is
considered an attractive nuisance to children, including but not limited to,
abandoned wells, shafts, basements, excavations, and unsafe fences or
structures.
C. Any dwelling which because it is dilapidated, unsanitary, unsafe, vermin
invested, or lacking in the facilities and equipment required by the Housing
Code of any municipality, has been designated by the department responsible
for enforcement of the Code as unfit for human habitation.
d. Any structure from which the utilities, plumbing, heating, sewage or other
facilities have been disconnected, destroyed, removed, or rendered ineffective
so that the property is unfit for its intended use.
e. Any structure which is a fire hazard, or is otherwise dangerous to the safety
of persons or property.
f. Any vacant or unimproved lot or parcel of ground, situated within or located
in close proximity to a residential neighborhood, which by reason of neglect
or lack of maintenance has become a place for accumulation of trash
and debris, or a haven for rodents or other vermin.
g. Any property which is vacant, which has not been rehabilitated within one
year of the receipt of notice to rehabilitate from a municipal code
enforcement agency.
h. Any abandoned property. A property shall be considered abandoned if:
i. It is a vacant or unimproved lot or parcel of ground on which a
municipal lien for the cost of demolition of any structure located on
the property remains unpaid for a period of six months;
ii. It is a vacant property or vacant or unimproved lot or parcel of ground
on which the total of municipal liens on the property for tax or any
other type of claim of the municipality are in excess of 150% of the
fair market value of the property as established by the Franklin
County Tax Assessment Office; or
iii. The property has been declared abandoned by the owner, including an
estate that is in possession of the property.
3. "Board of Commissioners." The Board of Commissioners of the County of Franklin.
4. "County." The County of Franklin, Pennsylvania.
5. "Municipal /Municipality." The County of Franklin or any city, borough or township
within the County of Franklin.
6. "Municipal Planning Commission." The local municipal planning commission.
7. "County Planning Commission." The Franklin County planning commission.
8. "Redevelopment Area." Any area, whether improved or unimproved, which the
Planning Commission may find to be blighted because of the existence of the
conditions enumerated herein, so as to require redevelopment under the provisions of
the Urban Redevelopment Law, as amended.
9. "Redevelopment Contract." A contract between the Redevelopment Authority and
the redeveloper for the redevelopment of an area under the provisions of the Urban
Redevelopment Law, as amended.
10. "Residential and Related Use." Residential and related use shall include residential
property for sale or rental and related uses, including but not limited to, park and
recreation areas, neighborhood community service, and neighborhood parking lots.
SECTION 3: Legislative Findings
1. There exists within the County, properties which have become derelict, abandoned,
or unfit for human habitation or other use by reason of age, obsolescence, prolonged
vacancy, dilapidation, deterioration, lack of maintenance and care or general neglect
(hereinafter "Derelict Properties ").
2. Such Derelict Properties both individually and collectively constitute a blight and
nuisance in County neighborhoods, and create fire, health, and safety hazards.
3. Such Derelict Properties, in many cases, are used for criminal purposes.
4. Such Derelict Properties constitute unreasonable interferences with the reasonable
and lawful use and enjoyment of other properties in County neighborhoods,
are harmful to the social economic wellbeing of the County, depreciate property
values, and generally jeopardize the health, safety, and welfare of the public.
5. Pursuant to the Franklin County Comprehensive Plan, as adopted by the County on
July 13, 1999, it is a County objective to promote growth and development in a
manner that maintains the high quality of life for the residents of Franklin County,
to protect the livability of residential areas, with an emphasis on strengthening
older neighborhoods, and to emphasize redevelopment of older business areas.
6. Vacant property can be a resource for the advancement of economic development in
the County, including both residential and related reuse and commercial or industrial
reuse.
7. Eminent domain is a proper public purpose which will promote public health, safety,
and welfare.
8. The creation of a Blighted Property Review Committee, pursuant to the Urban
Redevelopment Law, will provide for a process of certification to the
Redevelopment Authority of blighted properties for the Redevelopment Authority to
consider holding, clearing, managing, or disposing of property for residential and
related reuse and commercial or industrial reuse.
SECTION 4: Composition of Committee. The Committee shall consist of seven (7)
members, as follows:
1. One (1) member of the Board of Commissioners.
2. The Chairman of the Redevelopment Authority or his /her designee.
3. The Chairman of the Franklin County Planning Commissions or his /her designee.
4. Four (4) members to be appointed by the Board of Commissioners, with due
consideration to the various geographic regions of the County of Franklin, but with
final appointment at the sole discretion of the Board of Commissioners.
SECTION 5: Certification. The Committee, upon consultation with the Municipal Planning
Commission and the County Planning Commission, upon making a determination that any
property is blighted within the terms of the herein Ordinance, may certify said blighted
property to the Redevelopment Authority, except that;
A. No property shall be certified to the Redevelopment Authority unless it is vacant. A
property is vacant if:
1. The property is unoccupied or its occupancy has not been authorized by the
owner of the property;
2. In the case of an unimproved lot or parcel of ground, a lien for the cost of
demolition of any structure located on the property remains unpaid for a
period of six months; or
3. In the case of an unimproved lot or parcel of ground, the property has
remained in violation of any provision of local building, property
maintenance or related codes applicable to such lots or parcels, including
licensing requirements, for a period of six months.
B. No property shall be certified to the Redevelopment Authority unless the owner of
the property or an agent designated by him /her has been served with the
determination that the property is blighted, together with an appropriate order to
eliminate the conditions causing the blight and notification that failure to do so may
render the property subject to condemnation under this Ordinance. Notice shall be
served upon the owner or his agent in accordance with the rules and regulations
established by the Committee. The owner or his agent shall have the right of appeal
from the determination that the property is blighted.
C. No blighted property shall be certified to the Redevelopment Authority until the time
period for appeal, as provided in the Committee's Rules and Regulations, has
expired and no appeal has been taken, or, if taken, the appeal has been disposed of
and the owner and his agent has failed to comply with the order.
SECTION 6: Rules and Regulations
The Committee shall promulgate and implement rules and regulations, not inconsistent with
this Ordinance and the Urban Redevelopment Law, as amended, to fulfill the duties,
obligations, and administration of the Urban Redevelopment Law, as amended, and this
Ordinance.
SECTION 7: Other Functions of the Committee
A. The Committee may advise, at its own discretion, the County and the
Redevelopment Authority in matters relating to the establishment and modification
of policies, priorities and procedures affecting the disposition of properties acquired
through the certification process of the Committee.
B. The Committee may advise, at its own discretion, the County and the
Redevelopment Authority in matters relating to the provision of financial, advisory,
and technical rehabilitation assistance affecting reinvestment of properties acquired
through the certification process of the Committee.
C. The Committee may advise, at its own discretion, other municipal agencies in
matters relating to the functions of said agencies affecting the acquisition,
disposition, and reinvestment of properties which have been or may be acquired
through the certification process of the Board.
D. The Committee may advise, at its own discretion, appropriate agencies in matters
relating to the disposition of publicly owned properties in the County of Franklin.
E. The Committee may advise, at its own discretion, appropriate agencies in the design,
development and implementation of homesteading and other property reinvestment
programs which may from time to time be effectuated in the County of Franklin by
such agencies.
F. The Committee shall do any other acts necessary to fulfill the duties, obligations, and
administration of the Urban Redevelopment Law, as amended, and this Ordinance.
SECTION 8: Reuse of Acquired Property
A. Acquisition and disposition of blighted property under this Ordinance shall not
require preparation, adoption, or approval of a Redevelopment Area Plan or
Redevelopment Proposal, as those terms are defined in the Urban Redevelopment
Law, as amended, but at least thirty (30) days prior to the acquisition of any
property, the Redevelopment Authority shall transmit identification of the property
to the Municipal Planning Commission and the County Planning Commission and
shall request a recommendation as to the appropriate reuse of the property. The
Redevelopment Authority shall not acquire the property where the Municipal
Planning Commission and the County Planning Commission certify the disposition
for residential or related use or commercial or industrial reuse would not be in accord
with the Comprehensive Plan of the Municipality or the County.
B. Property disposed of within a Redevelopment Area should be disposed of under a
Redevelopment Contract in accordance with the provisions of the Urban
Redevelopment Law, as amended.
C. Property disposed of outside an urban renewal project area shall be disposed of by
deed in accordance with the provisions set forth in applicable law.
SECTION 9: Other Ordinances All ordinances or parts of ordinances enacted previous to
this Ordinance and inconsistent herewith are hereby repealed.
SECTION 10: Effective Date. This Ordinance shall be effective upon enactment.
- BOTTOM OF PAGE LEFT INTENTIONALLY BLANK -
This Ordinance was adopted by the Board of Commissioners of Franklin County on:
ATTEST COUNTY OF FRANKLIN
ohn . Hart David S. Keller, Esq., Chairman
ount Administrator Board of Commissioners
Robert L. Thomas, Commissioner
Robert G. Ziobr ci, Commissioner
CERTIFICATE
I, the undersigned, Administrator of the County of Franklin, Pennsylvania, do hereby
certify that the attached is a true and correct copy of an Ordinance adopted by the County of
Franklin that was duly ordained and enacted by an affirmative vote of the Board of
Commissioners of the County of Franklin at a meeting thereof held the 13th day of
September , 2011, which meeting was at all times open to the public and of which due
notice was given as required by law.
I further certify that the total number of members of the Board of Commissioners is
three (3), that vote upon said Ordinance was called and duly recorded upon the minutes of
said meeting and that the members of the Board of Commissioners voted in the manner
following:
Name Vote
David S. Keller Yay
Robert L. Thomas Yay
Robert G. Ziobrowski Yay
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of
Franklin this 13th_ day of September , 2011.
ohn A. art
rankli County Administrator
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t their regularly scheduled meeting to 1 6s6 - a10 - 5460 2002 CHEV. Avalan-
is ex- be held on September 13, 2011, will —
on consider the adoption of an Ordi- 20 XF
ah of nance to establish a blighted proper- ac
s, or ty review committee bit pursuant to the — d
Bids provisions of the Urban Redevelop-
ment Law, 1945, May 24, P.L. 991,
as amended. The proposed blighted
I com Property review committee would be
2138 empowered to certify to the Franklin 2-
� 30 et
f County edevelopment Authority
!lion of blighted properties so that the Rede- I
velopment Authority may consider
�ntra holding, clearing ry managing or
fprts to o disposing of property for potential
!OUrces residential and related reuse and
t con- commercial or industrial reuse.. All
dlwom powers exercised by the blighted
d om roperty review committee would be ;
S. pursuant to the requirements of the
) and Urban Redevelopment Law, as set
$' by the forth in the proposed Ordinance.
fie Con- The full text of the proposed ordi-
nance to be voted on by the Franklin
K of this County Commissioners shall be
lamages available for review at the offices of
9 rate Of the Public Opinion, 77 North Third
after the Street, Chambersburg, Pennsylva
nia, the Franklin County Law Library,
100 Lincoln Way East, Suite E, Home Home d
pent for Chambersburg, Pennsylvania, and
L2101 or at the offices of the Franklin County Improvement Improvement
Commissioners, 14 North Main
Street, Chambersburg, Pennsylva-
ej nia. The ordinance is also available
ect any
on the county website: • - Impro
or item www co.franklin.aa.us
to waive 717 - 752 - 4901 or 717 - 485' 4246 l(ial ;nq
informal- Anyone in need of assistance who "One call does it all s.190jew
plans on attending the Commission - "NO job too small" A 008
lays after t
ers meeting scheduled on Septem 1 )O�aIN
! delayed ber 13, 2011 should contact the Bathrooms, Kitchens, Plumbing, ! �(Iddy
vernment Commissioners' office at (717) 261- Electrical, Flooring Painting, g ti,om o)
I grant or 3812 to arrange for assistance due Carpentry, Drywall, Seal Coating, aouauadx3
e for one to handicap or disability. Roofing, Pressure Washing,
11n.1 & Much More! u!1 Iln
kct 317 of FRANKLIN COUNTY ra0e sir
COMMISSIONERS W ;e
DAVID S. KELLER, CHAIRMAN QUOTE!
rs
4lanager ROBERT L. THOMAS Bett er sine ss B
Buureau PA029129
161916 ROBERT G. ZIOBROWSKI 164164 DinelsaH
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