HomeMy WebLinkAbout2013-09-19 Commissioner Minutes
THURSDAY, SEPTEMBER 19, 2013
The Franklin County Commissioners met Thursday, September 19, 2013, 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.
Sheri Morgan provided public comment that she appreciates the job the
Commissioners do and they need to see into the future. When planning for the people
with special needs people rarely look ahead. Her son Charlie will probably have to be
taken care of by his nieces and nephews. Baby boomers are the next group of people
moving through the system. She is included in this group and what will they do with her.
This group having grown up in a different time prefer to have their services at home so
there will be fewer people looking for nursing home care. Her concern is this will not fit
into the business plans of a private facility.
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 September 10, 2013 and September 12, 2013
meetings.
The Board reviewed Adult Probation 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
Pennsylvania Justice Network to obtain services provided by the Commonwealth Law
Enforcement Assistance Network (CLEAN) which is used to obtain information about
offenders. This contract is no cost to the County.
The Board reviewed Commissioners Office matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of
the Board to execute the Supplemental Agreement with McCormick Taylor, Inc. to
receive Reimbursement for Final Design, Utilities and Right-of-Way between the
Commonwealth of Pennsylvania and Franklin County for Store Lane Bridge (#54).
The Board reviewed Drug and Alcohol matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the contract
amendment to the agreement between the County of Franklin and Healthy Communities
Partnership to increase encumbrance by $10,000.00 to be used for Red Ribbon Week in
October with 81% funding provided by the Department of Drug & Alcohol Program
(DDAP) and 19% provided by the general fund. This amendment shall be effective July
1, 2013 through June 30, 2014. All other terms and conditions of the original agreement
will remain in full force and effect.
The Board reviewed Emergency Services matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Grant
Agreement between the County of Franklin and Pennsylvania Emergency Management
Agency for the Citizen Corps Program to be used for disaster preparedness planning,
training and equipment, for a grant of $15,900.00 for the period of October 1, 2013
through June 30, 2014.
Continued on page 2
The Board reviewed Jail matters. On a motion by Robert L. Thomas, seconded
by Robert G. Ziobrowski; unanimously approved the contract between the County of
Franklin and the Pennsylvania Department of Corrections to exchange security threat
group (STG) related information in accordance with the Criminal History Record Act to
identify suspected or validated STG inmates prior to the inmate being brought into the
prison system.
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 contract between the County of Franklin and Hagerstown Paint
and Glass Co. to deliver two replacement windows and install one window at the Human
Services Building. The second window will be installed by Property Management. This is
a one-time purchase for a cost of $2,750.00.
The Board reviewed Public Defender matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of
the Board to execute the contract between the County of Franklin and LegalEdge
Software to convert the current client based record management software program to a
web based program which the county will host on-site. This is an annual contract for a
cost of $3,070.00.
In accordance with PA Act 67, 68 and 127 notifications, C.S. Davidson, Inc.
notified the County of a Pennsylvania Department of Environmental Protection
Watershed Permit being applied by Franklin County to preserve and maintain County
owned Bridge 116, located in Metal Township.
This was the date to award/reject bids for the Suboxone Medication for Franklin
County Adult Probation Offenders. Kim Eaton, Day Reporting Center Director and Dan
Hoover, Chief Probation Officer were present with a recommendation to reject the bid
received due to the bid was too high. They would like to put out another bid. On a
motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved
to reject the bid received due to bid amounts being too high and rebid.
Chairman Keller announced the Human Services Expo is being held today at the
Franklin Fire Hall from 10:00 a.m. to 1:00 p.m. and encouraged everyone to attend. He
said a lot of vendors and agencies are there with information about human services
programs that are available to Franklin County residents.
The Board reviewed Election matters and conducted a bid opening for Printing of
Ballots for the General Election. Jean Byers, Deputy Chief Clerk was present and
explained that there will be one ballot instead of two because Election Systems and
Software were able to get all County, State and local races on the front and now can put
the judge’s retention on the back. Judge Herman agreed to this. She explained that
other counties do this and it saves money. The following bidder submitted the following
bid: Beidel Printing House from Shippensburg, PA bid $336.61 per precinct for a total
bid of $25,245.75. On a motion by Robert L. Thomas, seconded by Robert G.
Ziobrowski; unanimously approved to award to Beidel Printing for a total bid of
$25,245.75. This was the only bid received.
The Board met with the Human Resources Director Tiffany Bloyer, Chief
Information Officer Sean Crager and the Controller, Carol Diller, for Salary Board
matters.
Continued on page 3
The Board conducted a bid opening for the 2013 Bridge Maintenance Program.
Steve Malesker from C.S. Davidson was present. The following bidders submitted a bid:
Keystruct Construction, from York, PA bid the following: bridge 49 bid of $47,000; bridge
63 bid of $16,328; bridge 98 bid of $29,720; bridge 119 bid of $86,000 and bridge 124
bid of $12,300 for a total bid of $191,348. Lobar Associates from Dillsburg, PA bid the
following: bridge 49 bid of $89,553.01; bridge 63 bid of $26,173; bridge 98 bid of
$35,012.50; bridge 119 bid of $127,062.20; bridge 124 bid of $19,815.80 for a total bid
of $297,616.51. On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved to forward the bids received to C.S. Davidson and the County
Solicitor for their review. The Board will award or reject the bids on Tuesday, September
24, 2013 at 9:45 a.m.
Teresa Beckner, Fiscal Director, met with the Board to review the 2013 expense
and revenue budget performance through July. Ms. Beckner advised that most
departments are under budget except for nine areas where most variances relate to a
one-time expense or debt service. She said general fund expenses are at 56.2% of
budgeted expenses through July. She said revenue is consistent when compared to
the overall budget at 86.5% collected of general fund revenue. Property tax collected is
at 92.5% of billings which is higher than the five year average of 91.7%. Ms. Beckner
informed the Board that the 2014 budget preparation is underway, packets are out to all
departments and they are due next week. Fiscal staff is meeting with their departments
and Information Technology Services department is meeting with departments also to
discuss their IT projects. Commissioner Ziobrowski asked Ms. Beckner about the
Standard and Poor bond rating. Ms. Becker explained since the County is refinancing
the 2004 bonds next week, Standard and Poors have reaffirmed the County as a Double
A standard rating so we don’t have to buy insurance to get a better interest rate which is
good news.
The Board deliberated on the possible sale of the Nursing Home. Jay Wenger
from Susquehanna Group Advisory was present for the deliberation. Chairman Keller
started the discussion and explained in June they began the process of considering the
possibility of selling the nursing home. Chairman Keller said that since the board began
the process of considering whether to sell the nursing home, his attitude has been that if
a reputable firm could be found that shares our values for quality of care and our
commitment to care for Day One Medicaid eligible residents, and who shares our
commitment to employees, then he would consider a possible sale of the nursing home.
Chairman Keller said the Board has identified the firm Mid-Atlantic Health Care as best
satisfying the criteria set forth by the board, and he is in favor of moving forward with
sale of the nursing home to Mid-Atlantic Health Care. Chairman Keller continued, saying
that throughout this process, the Board has received questions and comments from
residents, family members of residents, employees, and the general public. The
concerns that were raised are very valid ones and he is confident that through the RFP
process, interviews, site visits and further communications with Mid-Atlantic, these
concerns have been addressed. Mid-Atlantic has agreed to honor the key conditions of
a sale as established by the board, which are: Mid-Atlantic will maintain a licensed
skilled nursing facility at Falling Spring for no less than 10 years; Mid-Atlantic will give
first preference of admission to Franklin County residents who are Medicaid eligible and
will provide skilled nursing care for any Franklin County resident who is Medicaid eligible
and whose needs can be met by Falling Spring; Mid-Atlantic will maintain a Medicaid
census of at least 70% which is equal to the current Medicaid population at Falling
Spring; Mid-Atlantic will ensure current Falling Spring residents will have the right to
remain at the facility; and Mid-Atlantic will use best efforts to continue employment of
current Falling Spring employees. Chairman Keller added that Mid-Atlantic Health Care
has committed to keeping the chapel, provide shelter for victims of elder abuse, work
Continued on page 4
with existing therapy provider unless there are performance or compliance issues, will
offer a 401K retirement plan and matching employee contributions up to 5% of the
employee’s wages or salary, education benefit for employees, offering competitive
healthcare benefits and offer a pay scale that recognizes seniority. Chairman Keller said
that what made the difference for him in making this decision was Mid-Atlantic’s
statement that “if you focus on providing a high quality of care, the financials will take
care of themselves”. Chairman Keller said based on what he’s learned throughout this
process, their practice is consistent with their message and he thinks this is the best
choice for Franklin County.
Commissioner Ziobrowski noted a recent Public Opinion article quoting sources
that said patient care declines when a government-run nursing home is sold to a private
company. When the process of considering the sale of our nursing home began, he said
he expressed the same concerns about care. But the article referred to average nursing
homes and average companies, and we are not dealing with either. Through the RFP
process an exceptional provider has emerged and his comfort level with selling the
nursing home to them is high. He is in favor of entering negotiations with Mid-Atlantic.
Commissioner Ziobrowski said once the stakeholders and public get to know Mid-
Atlantic they will come to the same conclusion.
Commissioner Thomas said he agrees, but he will say concerns raised by his
friends and associates and ones raised in meeting room have all been considered. As
the Board looked into their comfort level the concerns were similar that came from
public. They listened, some were added when interviewed and some tweaked a little
based on public comment. But one that bubbled to top is Mid-Atlantic Health Care which
is a doctor owned company. What was in paper yesterday was a travesty and it was not
fair to new company. He said they were not the high bidder so this proves the Board is
not chasing money, they are chasing who could do the job. The issues raised have
been investigated. Commissioner Thomas said that Ms. Morgan stated that one of the
county’s responsibilities is to keep people out of nursing homes but County’s business is
also to get people into nursing homes. He said we compete with other nursing homes,
should we do that? He is convinced nothing will change including quality of care,
staffing level, safety net for nursing home residents, and it may even get better. Can’t
guarantee that Mid-Atlantic Health Care won’t sell in the future, but Mid-Atlantic will
commit to not doing so for at least 10 years, which was a condition specified in the RFP.
Commissioner Thomas said none of the final four have ever sold a nursing home they
bought. He learned early about what to do about staying in business to be successful.
He was frustrated when he came to government because it moved slow, the cost of
operating government is more than operating private enterprise, and there are more
procurement costs and a lot more costs in general to operate. Government has to do
prevailing wage. It costs more to be government. He noted that Quincy Home
sold/merged a few years ago because the owner couldn’t continue to operate it. The
new owner is still serving same population and nothing has changed. His decision is
based upon issues raised by the board, residents, the public, and what is in best interest
of the tax payers, which is what will drive the decision today for him. He fully concurs
Mid-Atlantic raised to top and is good choice.
Chairman Keller said it’s clear that the board is ready to move forward and direct
staff and county solicitor to work with Susquehanna Group Advisors and Mid-Atlantic
Health Care to develop an asset purchase agreement for board consideration. It was
suggested that the community needs to get to know Mid-Atlantic and before the board
approves the asset purchase agreement he asks that Mid-Atlantic attend a public
meeting to get to know them and answer questions from the public. Would be ideal to
come in next Tuesday. He encouraged everyone to look at Mid-Atlantic health surveys,
Medicare 5 star ratings and nursing hours per resident per day; it will be evident that
Mid-Atlantic compares favorably to their peers.
Continued on page 5
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved to direct staff and the county solicitor to begin process to develop
asset agreement with Mid-Atlantic and have Mid-Atlantic come in on Tuesday.
Jay Wenger said he commends the board for the process it established for
identifying a preferred firm. The firms were frustrated and asked why it takes so long.
Wenger noted that these decisions take time, and added that staff went on visits and
helped to build a consensus who favorite provider was. Based on Mr. Wenger’s
experience, this was a unique approach by a county board of commissioners, and the
board deserves credit for seeking the advice of staff and including them in the process.
Chairman Keller reaffirmed that staff input had a bearing on his decision.
Chairman Keller noted that the purchase price offer on table is $11 million, and
according to Susquehanna Group the offer is consistent with recent sales of other
county nursing homes. Keller added that Mid-Atlantic’s offer of $11 million was not
highest bid for Falling Spring, but he believes it is a reasonable offer.
Mr. Wenger said he had talked to both finalists to see if they could be available
next Tuesday, so he will notify the other firm that it was not chosen today.
Commissioner Ziobrowski suggests directing questions to Commissioners by
email. It’s prudent to have questions funneled through commissioners and staff.
Chairman Keller said he would like the press to communicate to the public that questions
from the public should be communicated to the Board before Tuesday.
Commissioner Thomas said Medicaid is there for people who don’t have
resources to get care they need. Falling Spring’s Medicaid census is at 70%. Prior to
Medicaid, the county nursing home was the social safety net, but what changed was the
advent of Medicaid and Medicare. People can go anywhere.
Chairman Keller opened floor for public questions.
Sheri Morgan said she disagrees with sale of the nursing home but minimal
information she has is Mid-Atlantic was the best choice – the board is right. This was
the best purchaser the board had to choose from.
The meeting was adjourned at 11:07 a.m. with a motion by Robert L. Thomas;
seconded by Robert G. Ziobrowski.
FRANKLIN COUNTY COMMISSIONERS