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HomeMy WebLinkAbout2012-12-13 Commissioner Minutes THURSDAY, DECEMBER 13, 2012 The Franklin County Commissioners met Thursday, December 13, 2012, 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, a Moment of Silence, 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. Jay Lightfoot provided public comment that he has received a dozen phone calls regarding the Board not giving retirees a raise but the Board is giving current employees a 3% raise. It’s been four years since retirees have been given a raise. It’s not right and he noticed someone was against this on the Retirement Board. Commissioner Ziobrowski said that Commissioner Keller and he voted for an increase but the other three retirement board members voted against it. Commissioner Thomas said there was a lot of discussion back and forth but in the end this was the right call. Mr. Lightfoot responded that he is making the big bucks and the retirees are not. 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 December 4, 2012 and December 6, 2012 meetings. Chairman Keller announced there were two additions to the board action list for today and asked John Hart, County Administrator to provide further explanation of them. Mr. Hart explained both items are time sensitive. The Oyer Electric contract for Emergency Services is to install a generator at Warren Township Municipal Building to provide backup power to the County’s tower. Mr. Hart explained the SAGE agreement for Grants Management is needed due to SAGE installed the equipment at the Jr. Fire Company building and Courthouse and the project is moving quickly so they need paid by the end of the year according to the PCCD grant agreement. The Board reviewed Emergency Services matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the quote from Oyler Electric to install and provide electrical hookup to a generator at the Warren Township Municipal tower site at a cost of $6,750.00. The Board reviewed Grants Management matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the contract between the County of Franklin and SAGE Technology Solutions to equip and install sound systems at select locations within the Franklin County Courthouse at a cost of $52,048.00. The Board reviewed Commissioners’ Office matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the amended proposal between the County of Franklin and C.S. Davidson, Inc. to reduce funding for the preliminary re-design of Bridge 116, which will not be replaced due to the funding and historic nature of the bridge, per PennDOT. The total preliminary design engineering cost is $233,737.14. 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 Resolution 2012 – 23, to designate a depository or depositories for all County funds to be deposited. The Board reviewed additional Commissioners’ Office matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved Change Order 10 for W. Harley Miller Contractors, Inc., to provide and install the accessible push plates and automatic door operators on two doors at the handicap entrance to the Old Courthouse, for a cost of $4,697.00. The Board reviewed Day Reporting Center matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the contract between the County of Franklin and Fulton County to provide Day Reporting Center services to Fulton County offenders referred to the program by Fulton County Adult Probation for the period of December 1, 2012 through November 30, 2015. Fulton County will pay Franklin County $5.29 per calendar day a Fulton County resident is in the DRC program. The Board reviewed Human Services Administration matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved agreement between the County of Franklin and PA Health Law Project to reimburse a speaker for her mileage during Human Service Training Days, October 17, 2012, at a cost of $187.55. The Board reviewed Nursing Home matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the quote from Requipment Company for the purchase of two (2) steam kettles for the Dietary department at a cost of $12,046.25. Four quotes were received and this was the lowest qualified quote. The Board reviewed Property 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 renewal agreement between the County of Franklin and A & B Fire Protection, Inc. for the annual inspection of sprinkler system at Building 426 for the period of November 1, 2012 through October 31, 2013, at a cost of $464.00, an increase of $14.90. The Board reviewed additional Property 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 renewal agreement between the County of Franklin and NAC for the annual inspection and preventive maintenance of the fire alarm systems at the following locations for the period of January 1, 2012 through December 31, 2012: A. Courthouse / Courthouse Annex $840.00, no increase B. Commissioners’ Complex 228.00, no increase C. Building 426 540.00, no increase The Board reviewed additional Property 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 Renewal Agreement between the County of Franklin and Otis Elevator Company for the monthly preventive maintenance for the period of December 1, 2012 through November 30, 2013, at a cost of $3,620.52, an increase of $70.92. Continued on page 3 The Board reviewed Prothonotary matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the 2012 Supplemental Appropriation in the amount of $2,500.00 to use technology funds for the purchase of office equipment. The Board reviewed Transportation matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of the Board to execute the resolution for updating DOT grant information, including organization staff names involved with securing, processing, and overseeing the grant. The Board reviewed Visitor Bureau matters. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved agreement between the County of Franklin and Purpose 1, Inc. to complete the South Mountain Mobile App, for the Visitors Bureau at a cost of $15,250.00 for the period of December 13, 2012 through January 31, 2013. This app expands the awareness of Franklin County and encourages visitation to Franklin County. The South Mountain Partnership Mini Grant will cover $11,000 of the costs with the remainder being paid with Visitors Bureau funds. In accordance with PA Act 14 notifications, First Energy notified the County of a Pennsylvania Department of Environmental Protection Phase II Acid Rain Permit renewal application being applied by Allegheny Energy Supply Company, LLC for the Chambersburg Unit 12 and Unit 13 combustion turbines in Guilford Township. In accordance with PA Act 14 notifications, Oransky Engineering and Consulting notified the County of a Pennsylvania Department of Environmental Protection storage tank site specific installation permit application being applied by Willard Agri-Service, Inc. for the facility located in Guilford Township. In accordance with PA Act 14 notifications, Peters Township Supervisors notified the County of a Pennsylvania Department of Environmental Protection NPDES permit renewal application being applied for the Upton Village Wastewater Treatment Facility located in Peters Township. In accordance with PA Act 14 notifications, R. Lee Royer & Associates notified the County of a Pennsylvania Department of Environmental Protection NPDES Permit renewal application being applied by the Cold Springs Builders, LLC for the residential development located in the Borough of Waynesboro. Mary Beth Shank, County Solicitor, asked the Board to consider Resolution #2012-24 to authorize the use of electronic records and signatures and gave a brief overview of the law governing the use of electronic records. This resolution will make it permissible to roll out electronic records and signatures according to the Electronic Transactions Act (73 P.S. 22060.101, et seq) that authorizes all Pennsylvania government agencies the ability to determine whether and to what extent they will send, accept and rely upon electronic records, electronic contracts and electronic signatures. Forty-six states have adopted the uniform law. Commissioner Thomas said the real purpose for this project is to expedite contracts and this will save the County a lot of money and time since contracts are hand carried from building to building now. This is a good thing and will allow for tremendous efficiencies. Chairman Keller said a significant amount of time is put into documentation and a couple of weeks ago the Board signed a contract with Echosign to allow the County to go to the next step. This will reduce paper copies and will be done in a more efficient manner. He is excited about where this is heading and the resolution is consistent with that. Continued on page 4 On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved Resolution #2012-24, which is attached and made a part of these minutes, for the purpose of authorizing the use of electronic records, electronic contracts and electronic signatures. The County Solicitor requested to add to the agenda an executive session to discuss litigation. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved to enter an executive session at 10:08 a.m. this date for the purpose to discuss litigation matters. The Board reconvened into regular session at 11:05 a.m. No action was required after executive session. Chairman Keller exited the meeting room at 11:03 a.m. The meeting was adjourned at 11:06 a.m. with a motion by Robert L. Thomas; seconded by Robert G. Ziobrowski. FRANKLIN COUNTY COMMISSIONERS COUNTY OF FRANKLIN DESIGNATION OF DEPOSITORY RESOLUTION #2012 - 23 WHEREAS, the County Code, Section 1762, sets forth that the Board of Commissioners together with the County Treasurer shall, from time to time, designate, by resolution, a depository or depositories for all County funds to be deposited. Such depository or depositories shall be banks, banking institutions, or trust companies, located in the Commonwealth. WHEREAS, depositories so designated, upon receipt of notice of their selection as a depository of County funds, furnish a bond to secure payments of deposits and any interest to the County, secured by a security company, or by the depositing in escrow of securities to be approved by the County Commissioners. WHEREAS, the amount of such bonds shall be in a sum sufficient to secure deposits and interest as required by the County Code. WHEREAS, the County Treasurer shall, upon the designation of such depository or depositories, immediately, transfer thereto all County funds to be deposited, and shall, thereafter, keep such deposits solely in such depository or depositories in the name of the County. WHEREAS, withdraws from such depositories shall be drawn only by the Treasurer, upon properly authorized checks or by other commercially accepted methods of electronic funds transfer which have been specifically approved by the Board of Commissioners. WHEREAS, neither County Commissioners nor Treasurer complying with the provisions of this section, nor their security or securities, shall be chargeable with losses of County funds caused by the failure or neglect of such depository or depositories. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF FRANKLIN COUNTY COMMISSIONERS, that: with this resolution, the Board of Commissioners is terminating Resolution #2010-02 and that F&M Trust, P.O. Box 6010, 20 South Main Street, Chambersburg, PA, 17201; M&T Bank, P.O. Box C, Chambersburg, PA, 17201; Pennsylvania Local Government Investment Trust, One Keystone Plaza, Suite 300, North Front and Market Streets, Harrisburg, PA, 17101; Orrstown Bank, 1355 Orchard Drive, Chambersburg, PA 17201; PA Treasury Department, Room 123, Finance Building, Harrisburg, PA 17120; Bank of America Merrill Lynch, 1600 John F. Kennedy Boulevard, Philadelphia, PA 19103; and Susquehanna Bank, 1570 Manheim Pike, Lancaster, PA 17604 be designated as depositories of Franklin County, pending verification of sufficient collateralization of deposits, and that the funds of Franklin County deposited in the same are subject to withdraw upon checks, notes, drafts, bills of exchange, acceptances, undertakings of other orders for the payment of money when signed on behalf of Franklin County by any one (1) of two (2) of the following officers to writ: David M. Secor, County Treasurer, Melody F. Shuman, Deputy Treasurer. That the aforesaid depositories are hereby authorized to pay any such orders and also to receive the same for credit of or in payment from the payee or any other holder without inquiry as to the circumstances of issue or the depositions of the proceedings even if drawn to the individual order of any signing officer or tender in payment to his individual obligation. That the bond(s) to secure payment of deposits and any interest to the County shall be in the amount sufficient to secure deposits and interest accrued therein as required by Section 1762 of the Fifth Class County Code. IN TESTIMONY, WHEREOF, ON BEHALF OF THE COUNTY OF FRANKLIN, WE, have subscribed our names and caused the Official Seal to be hereunto fixed on this 13 day of December , 2012. COUNTY OF FRANKLIN By: David S. Keller, Chairman (SEAL) By: _ - Robert L. Thomas, Commissioner Attest: - ohn A. Hart, Chief Clerk/County Administrator By: �,. Robert G. Zjob wski, Commissioner County of Franklin Resolution No. 2012-24 A RESOLUTION OF THE COUNTY OF FRANKLIN, COMMONWEALTH OF PENNSYLVANIA,AUTHORIZING USE OF ELECTRONIC RECORDS, ELECTRONIC CONTRACTS AND ELECTRONIC SIGNATURES WHEREAS, electronic commerce has become a common means of transacting business in the Commonwealth and the use thereof creates efficiencies; and WHEREAS, the Electronic Transactions Act (73 P.S. 2260.101, et seq) (hereinafter"The Act") authorizes all Pennsylvania government agencies the ability to determine whether and to what extent they will send, accept and rely upon electronic records, electronic contracts, and electronic signatures; and WHEREAS, the County of Franklin is a government agency under The Act; and WHEREAS, the County of Franklin, as a regular part of business, enters into contracts, some of which are for the purchase of goods and services which requires the signature of the Board of Commissioners, the contracting party, and others as needed; and WHEREAS, The Act states that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form and it further states that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; and WHEREAS, The Act states that if a law requires a record to be in writing, an electronic record satisfies the law and further states that if a law requires a signature, an electronic signature satisfies the law; and WHEREAS, the County of Franklin, as a regular part of business, retains contracts, agreements and other records for a period of time; and WHEREAS, The Act states that a law requiring a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, is satisfied by an electronic record retained in accordance with The Act, namely, that it accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise and remains accessible; NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Commissioners of the County of Franklin and Commonwealth of Pennsylvania as follows: 1. The County of Franklin authorizes the use of electronic contracts, electronic records and electronic signatures for use in county business. 2. This resolution does not require the use of electronic contracts, signatures and records in all transactions; rather it makes it permissible. 3. Electronic signatures and manual signatures shall be deemed equivalent to the greatest extent possible, as noted in the Uniform Notes of The Act. 4. The County of Franklin, by and through the Board of Commissioners in consult with the appropriate county IT professionals, shall ensure appropriate and reasonable processes are in place to ensure authenticity of electronic records and signatures. 5. Where the county code and or other governing law requires the retention of original documents, an electronic record that accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record shall be deemed an original. ATTEST COUNTY OF FRANKLIN ort David . Keller, Chairman ministra tor Board of Commissioners Robert L. Thomas Kobert G. Z��Iwski