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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 r nn' Executors or to their attorney narneu pONTIAC G6 GT, uUllon�lsuO0 814 #160855, 'black, 4x4 Ind below: 2010, Silver. 33K. Shively Motors, Inc.,' ac- Auto, AC, CD, Load- 888.388 -4456 'seep "he Estate of: ed. 6 cyl. Warranty. 1!PuO0 eyl Ol P91 Dolores S. I lOOver, Deceased $14,975 Fi Tra r p!q eql qpm ;!sod GLER 1 53K, $24,99 ion Late of Hamilton Township #503377 axa, ads Od 1DtlalNOO �Z l for Franklin County, Pennsylvania Porsche Cayman Shivel Motors, Inc:; lsnw siesodoid 2007 Coupe 22,000 888 -388 -4456 CO EX @CUtOrS: black, beige, 2 man- AlaA112p /�!ewll P0 Gary E Hoover E. gg led i Excellent 11 K, 4x4, $31 6 RwD 2008 JEEP Wran ,742, pne 13561 Smallwood Lane WPOA6298x7U #8L645885, 4door d! •6u!uedo pejap!suoo eq 82 Meticulously cared Shivel Motors Inc. v3 L9 01 pawn! Chantilly, VA 20151 for, garaged and not y driven during the win 888`388 "x456 0 peaH 'sggnu0 fol Anthony W. Hoover ter. Xpel clear pro- f� A 'OLE x08 'O'd 223 N. 2nd Street, Apt. 1 A tectiv 00 front. C 1995 JEEP HEROKEE R ax4s ' aq stew sp!g 57 Chambersburg, PA 17201. (717)263 -0494 #5137 $219004 Forrester Lincoln ties w,iols 'ssed Christopher A. Hoover 1997 SATURN SC2, Mercury, 1- 866 -59t; -«OZ 'oN 108A 1113 S011enberger Road AT, PW, PL, LTH, 9784 I„ se ap!slno eql at Chambersburg, PA 17202 $2 ,995 , Star Auto, is e w pau!wgns Id at 888- 447 -5188 2002 40 Honda CP0- uedo * Alo!!gnd eq PL01, Attorney: V EX, 170K, $8,699, 'ewl 6Ullen d 2004 SUBARU LEG #P1924A, Jenning� 1 I. eJ for Cindy Lou Franke ACY AWD #5156 Chevrolet, Buicl� lag '�(epsanl uo Ugh Attorney at Law $7900, Forrester Lin- GMC, 888 781 - 7394. le 'ojogsau� LM 38 1035 Ragged Edge Road coin Mercury, 1 -666- �d lU2weAOJdwi Chambersburg, PA 17202 -3362 597 -9784 2008 44 Jeep Grano ylnoS Z bL0014 e to 164325 Cherokee Larec col sp!q paiea 1999 TOYOTA #247597, $20,495, S CAMRY LE, AT, nc.,88 S hi vel y 3 456 Is WF1O �aSed $4,500, 144K, PW, PL, Star Auto, 888- 1 447 -5188 iinos d be- NOTICE 2003 To Cam LE, 63K, $11,500, 03 oN Trucks lOe�luoO iugust Notice is hereby given that the 4c I AT, PW, PL, tboro, Franklin County Commissioners at p ' A - 1 MOTORS, AeM ;o y6naog 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 `Aepilj