HomeMy WebLinkAbout2013-12- Commissioner Minutes (5) TUESDAY, DECEMBER 17, 2013
The Franklin County Commissioners met Tuesday, December 17, 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.
Chairman Keller requested to amend today's agenda to include three
agreements all related to the transfer of the Nursing Home that the County Solicitor
would like the board to consider for approval today. Ms. Shank provided a brief
explanation of each agreement and will provide more detail during solicitor time. On a
motion by Robert G. Ziobrowski; seconded by Robert L. Thomas; unanimously approved
to adopt the amended agenda.
Kim Wertz provided public comment and asked for more explanation of board
action item #3 lease agreement with Pleasant Hall Fire Company and if the $1,900.00 is
total for the three years and why the Coroner's agreement is only for $275.00 per month
since the Coroner would probably need more space than an Magisterial District Judge.
Ms. Wertz would also like more explanation of board action item #10 with New Hope
Shelter for forensic rehousing program for inmates. She would like to know what types
of inmates are in this program.
The minutes of December 10, 2013 and December 12, 2013 meetings were
reviewed. These will be approved Thursday, December 19, 2013.
The Board reviewed Agreements, Contracts and Reports. Chairman Keller
asked for more information on board action items 3, 4 and 10. Shalom Black, Grants
Manager provided more information on item #10 and John Hart, County Administrator
provided more information on items #3 and 4.
The Board reviewed Commissioners matters. On a motion by Robert G.
Ziobrowski; seconded by Robert L. Thomas; unanimously approved the amended Lease
Agreement between the County of Franklin and Pleasant Hall Volunteer Fire Company
for lease of office space for the a Magisterial District Judge Office for a monthly rental
fee of$1,900.00 plus $25.00 per month for trash removal for the period of January 1,
2014 through December 31, 2016. The rent shall increase three percent (3%) each year
for the length of the term. This is a correction to action taken on December 10, 2013.
Traci Kline, Area Agency on Aging Director; Richard Albrecht, Aging Care
Manager; and Amanda Black, Program Specialist were present to provide a presentation
on Adult and Senior Protective Services. Mr. Albrecht explained the Older Adult
Protective Services Act that became effective July 1, 1988 which requires Aging to take
reports of need involving older adults, investigate and to remove the risk for the older
adult. Ms. Black explained Act 70 Protective Services to individuals with disabilities
between the ages of 18-59 which has the same requirements. The state currently has
an RFP out right now for providers to handle Act 70 beginning July 1, 2014. After more
explanation and a question and answer period Chairman Keller stated if anyone
suspects an older adult is being abused or taken advantage of they should call the
Franklin County Area Agency on Aging or the State Elder Abuse Hotline so Aging can
investigate.
Continued on page 2
Tiffany Bloyer, Human Resources Director provided a presentation on moving
from Civil Service to Merit Hire. Ms. Bloyer explained that participation in State Civil
Service Commission is optional based on an October 2004 finding from the Legislative
Budget and Finance Joint Committee. The six main principles of a merit based system is
the following: 1) Hiring and advancement of employees based on merit with open
competition; 2) Equitable and adequate compensation; 3) Training opportunities; 4) Merit
based employment actions; 5) Equal opportunity employment; 6) Freedom from political
influence in the work. She explained the County is already doing all of them but the
hiring practice will be more open while Civil Service requires hiring from a list so we
currently can't hire a qualified person if they are not on their list. This can take weeks
and sometimes months to hire from Civil Service. The County would have an Alternative
Dispute Resolution Process where the resolution process will be handled by a panel of
human resource individuals from the Community. Hearings would be done here instead
of Harrisburg. This change would only affect those employees that are currently Civil
Service. Ms. Bloyer explained that in order to move to a merit hire system the County
would need to provide a 90 day written notice to Department of Public Welfare and State
Civil Service. The County will also need to provide county policies to them and answer
questions they may have. Employees will also need to be notified. She explained there
are currently 8 counties already out of Civil Service and 8 that are pending. Ms. Bloyer
answered a few questions from the Board. Commissioner Thomas said right now there
are a number of vacancies in Children & Youth because there is nobody local on the list.
He is in favor of moving this forward. Commissioner Ziobrowski said he is concerned
about the protection of employees since they currently are protected by Civil Service so
he has to be convinced that the protection of the employees is appropriate. Chairman
Keller responded that merit hire characteristics have been approved by the Civil Service
Commission and has been implemented in other counties. This looks like we would be
managing and doing what already doing but manage at the local level and making our
decisions locally which seems preferred when trying to decide who we are going to hire.
He is in favor of moving forward with Merit Hire. John Hart, County Administrator said
this will open up local positions for local residents as now they have to go to Harrisburg.
If advertise and interview locally will be easier access for individuals. We are currently
already doing all these things and protections are already there. He recommends the
board proceeds with this and provide policies to DPW and if it doesn't muster they will let
us know. Chairman Keller is supportive of this because it maintains veterans preference
knowing there are a lot of veterans in Franklin County. On a motion by Robert L.
Thomas; seconded by Robert G. Ziobrowski; unanimously approved to authorize staff to
notify DPW and State Civil Service of the County's intent to move to Merit Hire system.
Mary Beth Shank, County Solicitor presented Ordinance No. 2013-02 for
consideration by the Board of Commissioners to authorize the sale of the Franklin
County Nursing and Rehabilitation Center to Mid-Atlantic Health Care Acquisitions, LLC,
D/B/A/ Falling Spring Nursing and Rehabilitation Center, L.P. and Falling Spring Realty,
L.P. On a motion by Robert G. Ziobrowski; seconded by Robert L. Thomas; unanimously
approved Ordinance No. 2013-02 which is attached and made a part of these minutes.
Ms. Shank also presented for consideration the agreements that is being
required by the subdivision plan that was approved by Guilford Township. The plans will
also be sent to Greene Township Supervisors due to a small piece of the parent tract is
in Greene Township so Greene Township is holding a special meeting tomorrow to
approve the plans. Ms. Shank is asking the Board to approve the following agreements:
Developers Agreement between Guilford Township and Guilford Township Authority,
Franklin County and Falling Spring Realty LP for the ongoing and continued
maintenance of private sewer lines; Traffic Signals Agreement between the County and
Guilford Township Supervisors for the County to pay 16.7% toward maintenance and
Continued on page 3
operation of existing traffic signal at Franklin Farm Lane and Lincoln Way East
intersection; Cross Easement and Real Estate Access Agreement between Franklin
County and Falling Spring, LP to establish mutual rights and obligations with respect to
rights of access and easement for utility services. On a motion by Robert G. Ziobrowski;
seconded by Robert L. Thomas; unanimously authorized Chairman Keller to sign all
three agreements pending final solicitor review.
The meeting was adjourned at 11:04 a.m. with a motion by Robert G. Ziobrowski;
seconded by Robert L. Thomas.
FRANKLIN COUNTY COMMISSIONERS
County of Franklin
Ordinance No. 2013-02
AN ORDINANCE OF THE COUNTY OF FRANKLIN, COMMONWEALTH OF
PENNSYLVANIA, TO AUTHORIZE THE SALE OF FRANKLIN COUNTY
NURSING AND REHABILITATION CENTER TO MID-ATLANTIC HEALTH
CARE ACQUISITIONS LLC, DB/A/FALLING SPRING NURSING AND
REHABILITATION CENTER, L.P. AND FALLING SPRING REALTY, L.P.
WHEREAS, the County of Franklin is a fourth class county existing under the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, 16 P.S. § 5506.2 authorizes the county to sell the nursing home and personal
property being used in conjunction with the nursing home as a single unit and shall be
deemed as a sale of real property only; and
WHEREAS on July 10, 2013, the County of Franklin released a Request for Proposal (RFP)
for the sale of the Falling Spring Nursing and Rehabilitation Center; and
WHEREAS, the Board of Commissioners of County of Franklin, upon careful review and
thorough research of the responses received, approved the signing of an Asset Purchase
Agreement on October 15, 2013 by and between the County of Franklin and Falling Spring
Nursing and Rehabilitation Center, L.P. and Falling Spring Realty, L.P. (hereinafter
"Buyer"); and
WHEREAS, since October 15, 2013, the County of Franklin and the Buyer have further
worked in furtherance of the consummation of the sale of the Falling Spring Nursing and
Rehabilitation Center; and
WHEREAS, the parties anticipate settlement of this transaction to occur on or before
December 31, 2013; and
WHEREAS, the County of Franklin desires to reaffirm its authorization of the sale of the
Falling Spring Nursing Home and Rehabilitation Center and confirm the authority for this
transaction;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED this 1 7 th day of December,
2013, by the Board of Commissioners of the County of Franklin and Commonwealth of
Pennsylvania as follows:
1. County of Franklin, by and through the Board of Commissioners, authorizes the
sale of the Falling Spring Nursing Home and Rehabilitation Center to Mid
Atlantic Health Care Acquisitions, LLC d/b/a/Falling Spring Nursing and
Rehabilitation Center, L.P. and Falling Spring Realty, L.P. (hereinafter "Buyer")
2. The terms of the Asset Purchase Agreement authorized by the County of
Franklin on October 15, 2013, are reaffirmed.
3. The Board authorizes Chairman David S. Keller to execute any and all
documentation, agreements and paperwork required as a condition for the sale of
the Falling Spring Nursing Home and Rehabilitation Center to the Buyer.
4. To the extent Chairman Keller is unable or unavailable to execute any required
paperwork, he shall be authorized to assign this responsibility to Commissioner
Thomas and/or Commissioner Ziobrowski, as authorized agents of the County of
Franklin.
ATTEST COUNTY OF FRANKLIN
\ (
oh, A. Hart David S. Keller, Chairman
• . ty Administrator Board of Commissioners
Robert L. Thomas
ati / 107€/a- *
Robert G. i ..rowski
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 17th day of
December, 2013, 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 \/ea-
Robert L. Thomas yea'
Robert G. Ziobrowski
WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Franklin
this day of DeeembeR , 2013.
ASP
Jam,. Hart
Fr. in County Administrator