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HomeMy WebLinkAbout2020-12-23 Commissioner Minutes WEDNESDAY, DECEMBER 23, 2020 The Franklin County Commissioners met Wednesday, December 23, 2020, with the following members present: David S. Keller, John T. Flannery 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 G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved to adopt the agenda. Commissioner Keller added that he will be discussing the Transource Power Line litigation. Public comment was provided by Valerie Jordan of Fayetteville, proposing a resolution for the Chambersburg School Board to provide a virtual learning option and in- person learning option to accommodate different learning styles and educational needs. She stated that she will be emailing Commissioner Keller with a request for additional statistical information and a formal request for a resolution. Ms. Jordan also expressed her concern over District willing to consider the resolution, but not resolution. Commissioner Keller provided the statistics requested by Ms. Jordan prior to the board meeting. There were 20 Franklin County employees that have tested positive for COVID-19, as well as 15 inmates at the Franklin County Jail. Commissioner Keller discussed the litigation involving the Transource Power Line. The Administrative Judge has recommended denial of all of the requests made by Transforce Powerline. The litigation will now go before the Utilities Commission. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved all bills presented and ordered paid. The minutes of the December 16, 2020 meetings were reviewed. The Board was asked to correct the resolution numbers in the minutes for the budget and the elected afternoon approval session. The Board reviewed Agreements, Contracts and Reports. The items will be approved in the afternoon approval session. John Hart, Project Manager, discussed change orders number 44 and 46 from Lobar and change order number 6 for Mann Plumbing. Commissioner Ziobrowski raised the question of which of these change order expenses, the CARES Act. John Thierwechter will explore this possibility.. John Thierwechter, Assistant County Administrator continued the discussion on the County COVID Relief Block Grant Broadband award recommendations that were Greencastle Area School District, $251,532.14 for the Chambersburg Area School District, $156,929.20 for the Tuscarora School District, and $138,404.20 for the Waynesboro Area School District. Commissioner Keller stated that, based on a previous board meeting, the board wanted the dollars to be distributed more equally and the board feels that was achieved. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved to accept the recommendations as presented. Continued on page 2 On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved to enter an executive session at 11:33 a.m. this date for the purpose to review potential litigation matters. Action may be required after the executive session. The Board reconvened into regular session at 12:08 p.m. Solicitor Andrew Benchoff met with the Board of Commissioners to recommend settlement of the Appeal of Farmers Union Cooperative, Inc. v. Franklin Co. BART, No. 2019-4657. The property is located in Greencastle Borough, Franklin County, Pennsylvania. Parcel No. 08-2B05.-015.-000000 was originally reassessed by the BART from $115,220 to $75,000, after the Board-level hearing, and the new assessment will be $55,500 with an implied market value of $500,000.00. The stipulation is forthcoming. Solicitor Andrew Benchoff met with the Board of Commissioners to recommend settlement of the Appeal of DD&R Ventures, LLC v. Franklin Co. BART, No. 2019-4648. The property is located in Greene Township, Franklin County, Pennsylvania. Parcel No. 09-0C04.-061.-000000 was originally reassessed by the BART from $63,750 to $52,500, after the Board-level hearing, and the new assessment will be $44,400 with an implied market value of $400,000.00. On a motion by Commissioner Ziobrowski, seconded by Commissioner Flannery, the Board unanimously approved an assessment of $44,400.00. The settlement was previously approved by all parties and intervenors, including the taxpayer, Chambersburg School District and the Franklin County Board of Assessment. The Board recessed and will reconvene at 1:00 p.m. for final approval of the items that were reviewed. The Board reconvened at 1:00 p.m. Commissioner Flannery welcomed to the meeting Chris Ardinger, Director of the Tuscarora Chamber of Commerce, and Nic Erickson, Coordinator of Technology Services for the Waynesboro Area School District. There was no public comment. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved the minutes of the December 16, 2020 meeting. The Board reviewed Commissioners Office matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved for the Chairman of the Board to execute the change order #44 from Lobar, Inc. to add wall framing for proper attachment of curtain walls and paint concrete ceilings at holding areas at the Judicial Center Project. This change order also includes a deduction of $9,985.00 for credit of additional CMU work to extend the shaft for elevator 1. This change will be completed at an increased cost of $3,265.90. The Board reviewed additional Commissioners Office matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved for the Chairman of the Board to execute the change order #46 from Lobar, Inc. to provide an opening with countertop in the rear wall of Photo Room 1069 at the Judicial Center Project. This change will be completed on a time-and-materials basis not to exceed $2,201.14. Continued on page 3 The Board reviewed additional Commissioners Office matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved for the Chairman of the Board to execute the change order #6 from Mann Plumbing and Heating, LLC, to replace 10 WC and 4 urinal manual flush valves with electronic, automatic flush valves and replace 4 manual sink faucets with electronic, automatic faucets at the Administration Building in the amount of $11,819.70. The Board reviewed Criminal Justice & Grant Management matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved the project modification request to the grant for Over the Rainbow Child Advocacy Center to provide a 6-month, no-cost extension for the grant to June 30, 2021, in order to fully expend the funding. Normally, this funding would be expended well within the 12-month limit, but the COVID-19 pandemic has delayed full expenditure. Funds are used to cover Executive Director salary and benefits and total $47,000.00. The Board reviewed Emergency Services matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved for the Chairman of the Board to execute the renewal of software support contract between the County of Franklin and Geo-Comm, Inc. in the amount of $1,900.00 for the period of January 1, 2021, through December 31, 2021. This software provides tools for GIS mapping and 911 Master Street Index Guides in line and will assist in the transition to The Board reviewed Emergency Services matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved the agreement between the County of Franklin and Motorola Solutions in the amount of $2,775,026.00 for the period of January 1, 2021, through January 15, 2027. This is to upgrade and enhance the current T1 microwave network to a Next Generation Ethernet microwave and multiprotocol label switching (MPLS) solution. The project will include replacement of the current DC power system and Simulcast paging system. It also includes two-way radios for the Franklin County public safety agencies. The proposal provides a 6-month, interest-free lease option with no payment until January of 2022. The Board reviewed Fiscal/Liquid Fuels matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved the application to encumber Liquid Fuels Tax Funds to the Pennsylvania Department of Transportation for Bridge 55 in Franklin County for an encumbrance amount of $800,000.00. The Board reviewed ITS matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved for the Chairman of the Board to execute the agreement between the County of Franklin and Global Data Consultants, LLC, in the amount of $1,240.48 to provide new wiring in the Historic Courthouse to replace an analog security camera with a new IP camera. The Board reviewed Juvenile Probation matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved the renewal of grant in Aids funds provided by Juvenile Justice Systems Enhancement Strategies (JJSES) to the Franklin County Courts and the County of Franklin in the amount of $47,870.19 for the period of July 1, 2020 through June 30, 2021, a decrease from the original amount of $86,350.81. The decrease is a result of approval by the governor for the period of July 2020 to November 2020 only. Subsequent funding is approved separately and is based on JJSES goals including making data-driven decisions and incorporating evidence-based principles to achieve positive outcomes for youth and families. Continued on page 4 The Board reviewed Planning matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved Resolution No. 20-21 to approve modifications being made to the fiscal year 2017 through fiscal year 2019 CDBG contracts, specifically Quincy Township Tomstown Road/Mentzer Gap Road projects. The details of these modifications were presented during the Public Hearing held on December 16, 2020, which includes a change in the scope of this project, as well as the number of beneficiaries. The Board reviewed additional Planning matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved Resolution No. 20-22 to approve the budget revisions being made to the fiscal year 2015 CDBG contract. This budget is being revised due to the necessity of using local account funds, which are available due to previous ineligible costs incurred on the fiscal year 2010 and fiscal year 2012 CDBG contracts, as required by DCED. The Greencastle Borough project being revised to use these local account funds is already completed with beneficiaries. This revision will increase the total project budget by the amount available in our local account, $50,101.20, for a new budget total of $228,462.27. The Board reviewed Purchasing matters. On a motion by Robert G. Ziobrowski; seconded by John T. Flannery; the board unanimously approved for the Chairman of the Board to execute the agreement between the County of Franklin and WB Mason for the monthly rental of two single-cup coffee machines for the Administration Building beginning January 4, 2021, in the amount of $40.00 per month. The monthly rental amount provides for repairs, service, and replacement, if necessary. This can be canceled at any time without penalty. In accordance with PA Act notifications, Joshua Martin of Martin Farms notified the County of a Pennsylvania Department of Environmental Protection General Renewal NPDES Concentrated Animal Feeding Operation (CAFO) Permit being applied by Martin Farms for an existing operation on property located in Guilford Township. In accordance with PA Act notifications, Red Barn Consulting, Inc. notified the County of a Pennsylvania Department of Environmental Protection General Renewal NPDES Concentrated Animal Feeding Operation (CAFO) Permit being issued by Burk Lee Farms for an existing operation on property located in Chambersburg. In accordance with PA Act notifications, Red Barn Consulting, Inc. notified the County of a Pennsylvania Department of Environmental Protection General Renewal NPDES Concentrated Animal Feeding Operation (CAFO) Permit being issued by Chris Brechbill for an existing operation on property located in Fayetteville. In accordance with PA Act notifications, Scotch Hill Solutions, Inc. notified the County of a Pennsylvania Department of Environmental Protection General Renewal NPDES Concentrated Animal Feeding Operation (CAFO) Permit being issued by Mercer Vu Farms, Inc. for an existing operation on property located in Montgomery Township. In accordance with PA Act notifications, TeamAg, Inc. notified the County of a Pennsylvania Department of Environmental Protection General Renewal NPDES Concentrated Animal Feeding Operation (CAFO) Permit being issued by Junk-Inn Farms CAFO for an existing operation on property located in Metal Township. Continued on page 5 The meeting was adjourned at 1:09 p.m. with a motion by Robert G. Ziobrowski; seconded by John T. Flannery. Carrie E. Gray County Administrator/Chief Clerk FRANKLIN COUNTY COMMISSIONERS ____________________________________ David S. Keller, Chairman ____________________________________ John T. Flannery ___________________________________ Robert G. Ziobrowski December 23, 2020 Good Morning Franklin County Commissioners, I'm here to ask that you amend your county agenda to include the following resolution to then be sent to the Chambersburg School Board: We, the undersigned, understand that children learn differently. We ask that the Chambersburg School Board consider this measure of learning. We ask that the Chambersburg School Board give parents the choice between hybrid learning vs. virtual learning." end quote In listening to several hours' worth of board meetings, there was one board member in particular who cited his own weakened immune system if he were to catch this virus. He certainly did elude to that fact. In my opinion, you, as an adult, don't bring that sort of bias to the school board, and then make others (teachers and students) suffer for it. There is also something else to consider here. While we, adults, can teleconference for hours on end, the attention span of a young child isn't developed enough to allow for that. I witness online many local parents complaining about virtual learning. While they are there witnessing their children struggle to keep up, the teachers aren't able to see these struggles to any great degree. Why? Our teachers sit separate and apart from their students. This isn't good for the student, the student's parents, or the student's teachers. Period! Then there is the component of the Special Ed/Gifted child in our school district. Imagine the difficulty of a Special Ed/Gifted teacher attempting to keep his/her students engaged virtually. That's simply not happening. Having some knowledge of an IEP, I know this documented paperwork is mandated by law. If it is not properly documented by the school district, the parents of these Special Needs/Gifted children can sue. These are the children that need hands-on (Special Ed) or awareness activities (Gifted) to keep them engaged . If a knowledgeable person, like myself, looked at the Board's policy on Special Education, which I did--Policy #113, I know that federal and state codes must be followed. The same goes for Policy #114, Gifted Education. The lack of a paper trail could be putting us all at risk here. Very carefully mull over what I'm telling you. You don't want to appear to be complacent when it comes to our students, especially our Special Ed/Gifted students. If you don't consider my recommendation for a resolution then it clearly shows to me that you are all into virtual learning. Can I have your support for this resolution in the name of all our children attending the Chambersburg School District--a district that sits in this county of yours? Would someone stand before me, right now, and make a motion to adopt this resolution with a second person agreeing to adopting it? Once again, it's based on the fact that children all learn differently. "One-Size-Fits-All" in the realm of education wasn't a standard before this pandemic, so why is it being forced on all students now? Because a majority of our school board think so? The Board's own policies #113 and #114 show children learn at different levels. On December 14th, I attended the Chambersburg Borough Council meeting and spoke the above to them. I asked these elected body of officials to do the same: Adopt the above resolution. They listened politely; but didn't bite. At the end of their meeting though, all council members agreed to your recent resolution concerning social-distancing, wearing masks, and washing hands. Here's some irony for you though. I followed up in email with the Chambersburg Borough Council stating to them the following: "I just wanted to let you know that while you weren't willing to pass a resolution recognizing our students' need to be back into our local schools, I watched for nearly 3 hours, as two high school students from Chambersburg High School sat side-by-side together. Then I saw how much closeness there was between staff and council members at several tables in your chambers. I saw that same close contact back in September too. You then passed a resolution to support social- distancing. I see some irony in this. I hope you now do too. (I shared this thought of mind on my Facebook page too.) If anyone is going to be afraid of this virus, I think the optics need to be inline with the fear. Distance yourselves too. Last night, I sat distanced away from my husband until I realized I didn't need to be. I live with him." end quote Commissioners, you also received an email from me concerning Dana Baker's wanting you to reassess this county. Points to consider with this unreasonable request of his. 1. The per capita income in Franklin County is only $ 47,934 https://fred.stlouisfed.org/series/PCPI42055 2. COVID-19 and its negative after-effects. 3. New housing starts and commercial starts are still a big reality here, especially in Penn National. Revenue streams coming into the school district and county change almost everyday here. All good! 4. Finally, the major cost of reassessing the entire county. What's gained after paying a company to reassess for you? I fear very little in additional revenue. Some stats to present to you now, as of December 21, 2020: Deaths from COVID-19 in this county over 9 months: 193 deaths out of 150,000 people. That averages out to .13 percent of the county over 9 months. Of those deaths, 68 people died in long-term care facilities from this virus. That equals 35 percent or a little over 1/3 of this county dying in these facilities. What about our county jail numbers now? Then there is this fact. Chambersburg School Board Member Kevin Mintz tells me in email to look at the historical data concerning COVID-19 within the school district over a 9-month-period of time, as represented on a document that was shared with me. That number WAS 95. I looked at the current number of 5 COVID-19 sufferers in the school district while he was looking at history-- past tense. The man is a history teacher; and doesn't understand what historical data is. I'm also going to assume these 5 school district employees are well on their way to recovery, not death. The COVID-19 spread isn't coming from our students--a fact. To that end, let's remain hysterical on this school board with the exception of Board Member Ed Norcross. I also have a request for you. Once life gets back to normal, I'd like you to call all 32 municipalities and school district officials to discuss their individual COVID-19 numbers with you. Just yesterday, I had to do a Right-To-Know request to the Chambersburg School District to find out what these numbers actually are. I shouldn't need to ask. This information should be on the school district's website. Finally, I want to address my disappointment in the Franklin County District Attorney--Matt Fogal. He has come out in support Black Lives Matter. If I thought this group was a decent group helping humankind, I might consider them as a legitimate group. Once they picked up one rock, all bets were off with me. Projectiles are meant to harm and hurt. Recently, too, in a newspaper article, Matt Fogal was in support of police body cams. I got the distinct impression though only from the standpoint of entrapping our police officers. That's not a way to gain respect from law enforcement in my humble opinion. Thank you, Mrs. Valerie Jordan 6812 Redan Lane Fayetteville, PA 17222