LUZERNE COUNTY COUNCIL VOTING SESSION August 08, 2017 Council Meeting Room Luzerne County Courthouse 200 North River Street Wilkes-Barre, PA 6:01PM 6:00 PM EXECUTIVE SESSION REGARDING LITIGATION VOTING SESSION IMMEDIATELY FOLLOWING EXECUTIVE SESSION CALL TO ORDER PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ROLL CALL RECOGNITIONS & CEREMONIAL PROCLAMATIONS ADDITIONS TO/DELETIONS FROM VOTING SESSION AGENDA ADOPTION OF VOTING SESSION AGENDA PUBLIC COMMENT ON VOTING SESSION AGENDA ITEMS Each speaker shall have three (3) minutes to address any or all items on the Agenda. Each speaker is asked to submit a Speaker Card before the first speaker is called and to limit individual comments to three (3) minutes. Speakers may not yield or transfer their time to another speaker. AGENDA ITEMS - CLERK OF COUNCIL 1. Motion to approve minutes of July 25, 2017 meeting... pages 1-4 AGENDA ITEMS COUNTY MANAGER 2. Motion to introduce ordinance approving refinancing of the 2005, 2008 and 2009 Industrial Development Authority Bonds (Presentation of PFM)... pages 5-15
AGENDA ITEMS COUNTY MANAGER (cont) 3. Motion to introduce ordinance refinancing the 2008 A and 2008 B series County General Obligation Bonds and authorizing borrowing of funds for the Energy Savings Project (Presentation of PFM and McClure)... pages 16-40 4. Motion to adopt resolution approving the settlement of pending litigation in the Matter of Debra Pac v. County of Luzerne, et al... pages 41-43 AGENDA ITEMS - COUNTY COUNCIL 5. Motion to introduce ordinance amending the Luzerne County Zoning Map to re-zone parcels of property in the Borough of Luzerne from a Two Family Residential (R-2) and Community Business (B-2) Zones to a General Business District (B-4) Zone... pages 44-46 6. Motion to introduce ordinance adopting the 2017 Long-Range Operational, Fiscal, and Capital Plan for Luzerne County... page 47 7. Motion to amend the 2017 Long-Range Operational, Fiscal, and Capital Plan (Williams)... page 48 PUBLIC COMMENT This is an opportunity for members of the public to address the Council on matters not listed on the Agenda, but which must be within the subject matter jurisdiction of the Council. Speakers are requested to submit a Speaker Card before the first speaker is called and to limit individual comments to three (3) minutes. Speakers may not yield or transfer their time to another speaker. ADJOURNMENT
Luzerne County Council July 25, 2017 Luzerne County Court House Council Meeting Room 200 N. River Street Wilkes-Barre, Pa. 18711 Minutes Voting Session Call to Order The Luzerne County Council convened for a Voting Session in the Council Meeting Room of the Luzerne County Courthouse on Tuesday, July 25, 2017 at 6:25PM. The meeting was called to order by Vice-Chair Tim McGinley. Pledge of Allegiance and Moment of Silence Roll Call Present Kathy Dobash Harry Haas Eugene Kelleher Tim McGinley Robert Schnee Eileen Sorokas Stephen A. Urban Jane Walsh Waitkus Rick Williams Also Present C. David Pedri, Esq., County Manager Shannon Crake Lapsansky, Esq., Assistant County Solicitor Sharon Lawrence, Clerk of Council Absent Edward A. Brominski Linda McClosky Houck Ms. Crake announced an Executive Session was held prior to the start of the voting meeting regarding litigation and personnel matters. Recognitions/Ceremonial Proclamations None Additions to/deletions from Voting Session Agenda None Luzerne County Council Voting Session July 25, 2017 Page 1 of 4 Luzerne County Council Voting Session August 8, 2017 Agenda Page 1 of 48
Adoption of Voting Session Agenda Motion to Adopt: Mr. Kelleher Second: Mr. Schnee Vote: Eight (8) Ayes by Ms. Dobash, Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Sorokas, Ms. Waitkus, and Mr. Williams One (1) Nay by Mr. Stephen A. Urban The Voting Session Agenda is adopted (8-1) Public Comment on Voting Session Agenda Items Mark Rabo (Hazleton) wanted to know if the WIB Budget being presented is for several counties as it has been in the past or just for Luzerne and Schuylkill counties. Mr. McGinley responded and stated it is only for Luzerne and Schuylkill Counties. 1. Motion to approve minutes of the July 11, 2017 meeting Motion by: Mr. Schnee Second: Ms. Sorokas Vote: Six (6) Ayes by Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Schnee, Ms. Sorokas, and Mr. Williams Two (2) No by Ms. Dobash and Mr. Stephen A. Urban One (1) Abstention by Ms. Waitkus Motion Passed (6-2) with (1) Abstention The July 11, 2017 Meeting Minutes are Adopted 2. Motion to adopt resolution adopting the 2017-2018 Budget of the Luzerne/Schuylkill Counties Workforce Investment Board, Inc. Motion by: Mr. Williams Second: Mr. Kelleher Roll Call Vote: Three (3) Yes by Mr. Haas, Mr. Kelleher and Mr. McGinley Six (6) No by Ms. Dobash, Mr. Schnee, Ms. Sorokas, Mr. Stephen A. Urban, Ms. Waitkus, and Mr. Williams Motion Failed (3-6) Public Comment Jay Sweetra (Woodbury Street, Hanover Township) stated he had appeared before Council regarding repairs to the Division Street Bridge back in July 15, 2014. Money was appropriated for it but to date no work has been done and it remains closed. The alternate bridge, Oxford Street, is deteriorating as well. Mr. Sweetra advised Council that the weight restriction for the Oxford Street Bridge is 5 ton and there are vehicles using it at much higher weights. This is a safety issue. Mr. Sweetra brought several residents from Woodbury Street with him to attest to Luzerne County Council Voting Session July 25, 2017 Page 2 of 4 Luzerne County Council Voting Session August 8, 2017 Agenda Page 2 of 48
the problems and ask for assistance. Mr. Sweetra noted that he spoke with Mayor George and was told the Mayor and Mr. Pedri spoke to one another about a temporary bridge. He does not want a temporary bridge, he wants a real bridge. Mr. Sweetra opened up the discussion to his neighbors. Mr. Pedri responded and reviewed the history of the bridge and the funding. Wilkes- Barre City was to appropriate 1 million and Luzerne County was to appropriate 1 million. Due to the financial situation of Wilkes-Barre City, the only money currently appropriated is the 1 million from Luzerne County which is in the Capital Fund and marked for the Bridge. Mr. Pedri stated he is looking at a temporary pedestrian bridge that will provide emergency vehicle access. There are some options he is looking into and working with Wilkes-Barre City on. Mr. McGinley suggested that all the residents speak first and then further discussion can take place after everyone has commented. Mary Watkins (Woodbury Street, Hanover Township) was happy to hear there may be a pedestrian bridge and pointed out that a worker from Dove Windows was killed trying to cross the highway. Ms. Watkins stated that the Oxford Bridge is in bad shape and made some suggestions for funding sources. Eugene Panatieri (Woodbury Street, Hanover Township) lives in the Lee Park section and spoke about the traffic jams that occur and how long it takes to go anywhere. He commented on the Oxford Street Bridge and noted that if it fails, there will not be a way to get to the homes in that section. Elizabeth Collotty (Woodbury Street, Hanover Township) said everyone already said what she was going to say. Ms. Collotty stated it is scary and she was afraid that if something happens to the Oxford Street Bridge they will not have anything. She noted that vehicles go the wrong way on the streets trying to avoid the bridge traffic. Marlene Walko (Woodbury Street, Hanover Township) said that Woodbury Street is a small one way street. People are using their street and side streets to avoid Oxford Street. They travel at high speeds and sometimes travel the wrong way on the one way streets. It is a hazard. Ms. Walko stated that the traffic jams occurring are not only a matter of inconvenience but it is a safety issue. She noted the Bridge has been closed since 2011 and it needs to be addressed. Stephen A Urban presented some history on the bridge and funding. He recommended the County Manager go through the bridge file and send a formal letter to the mayor of Wilkes- Barre. Mr. Urban also suggested the bridge be put on the Transportation Improvement Project. He commented on the Oxford Street Bridge and ownership of the bridge. If the County owns it, the County Manager and Engineering needs to go through the file and put it on the TIP as well. Kathy Dobash hopes that Council encourages the County Manager to put out an action plan as Mr. Urban presented and if necessary, make changes to the Capital Plan. Ms. Dobash addressed the residents who came and acknowledged their concerns. Harry Haas suggested Mr. Sweetra speak with some of the residents that live across Division Street, in particular, the WB Councilman that lives there who could be an advocate for them. Eileen Sorokas suggested they start a petition and put some pressure on Wilkes-Barre. Luzerne County Council Voting Session July 25, 2017 Page 3 of 4 Luzerne County Council Voting Session August 8, 2017 Agenda Page 3 of 48
Charles Olah (Kingston) commented on the Division Street Bridge issue and New World. Mark Rabo (Hazleton) commented on the Capital Projects and the Division Street Bridge. Mr. Rabo offered suggestions for funding sources and pooling funds. Walter Griffith (Trucksville) commented on the Division Street Bridge and the Capital Plan. Mr. Griffith referred to correspondence sent to Council over the years regarding the safety issues of the bridge. Safety issues should come before non-essential projects and Council needs to prioritize and allocate the capital funds. Mr. Griffith pointed out that there have been multiple revisions to the Council Bylaws but the Administrative Code and Personnel Code have only been amended once. Brian Shiner (Kingston) asked on what page the Division Street Bridge was on in the Capital Plan. Mr. Haas responded and stated it was on agenda page 98 of 100. Mr. Pedri noted it was on hold. Motion to adjourn: Mr. Kelleher Second: Ms. Sorokas Vote: Nine (9) Ayes - Unanimous Meeting Adjourned at 7:01PM Respectfully Submitted, Sharon Lawrence Clerk of Council * Audio of this meeting can be found in its entirety on the County Council webpage http://www.luzernecounty.org/county/luzerne-county-council or by contacting the Office of the Clerk of Council at (570) 825-1634 or via email to sharon.lawrence@luzernecounty.org Luzerne County Council Voting Session July 25, 2017 Page 4 of 4 Luzerne County Council Voting Session August 8, 2017 Agenda Page 4 of 48
AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL ITEM TITLE 2005, 2008, and 2009 LCIDA Bonds Advance Refunding Ordinance Dept: Contact: Phone: Luzerne County Manager s Office C. David Pedri 570-825-1635 COUNCIL MEETING DATE August 8, 2017 AGENDA NUMBER DEPARTMENTAL RECOMMENDATION: After consultation with the County s financial advisor, PFM, it is recommended that Council passes this Ordinance to obtain cost saving and interest rate savings on the 2005, 2008 and 2009 LCIDA Bonds. SUMMARY: The 2005, 2008 and 2009 LCIDA Bonds have been identified by the County s financial advisor to be good candidates for refinancing due to high interest rates associated with these bonds, some of which include variable rates. FINANCING: The impact to the FY 2017 budget for the refinancing of these bonds would be a savings or have no impact depending on the County s bond rating. ALTERNATIVES: Should Counsel choose not to pass this Ordinance, Luzerne County will continue to make payments at the previously prescribed amounts. OTHER AGENCY INVOLVEMENT: Luzerne County Division of Budget and Finance Luzerne County Council Voting Session August 8, 2017 Agenda Page 5 of 48
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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL ITEM TITLE 2017 General Obligation Bond Ordinance Dept: Contact: Phone: Luzerne County Manager s Office C. David Pedri 570-825-1635 COUNCIL MEETING DATE August 8, 2017 AGENDA NUMBER DEPARTMENTAL RECOMMENDATION: After consultation with the County s financial advisor, PFM, it is recommended that Council passes this Ordinance to fund a Guaranteed Energy Savings Project and obtain cost saving and interest rate savings on the 2008 A and 2008 B General Obligation Bonds. SUMMARY: The County seeks funding to support the Guaranteed Energy Savings Project as recommended in the County s 5 year Financial Plan. The 2008A and 2008B General Obligation Bonds have been identified by the County s financial advisor to be good candidates for refinancing due to high interest rates associated with these bonds, some of which include variable rates. FINANCING: The impact to the FY 2017 budget for the refinancing of these bonds would be a savings or have no impact depending on the County s bond rating. ALTERNATIVES: Should Counsel choose not to pass this Ordinance, Luzerne County will continue to make payments at the previously prescribed amounts and not enter into a Guaranteed Energy Savings Project contract. OTHER AGENCY INVOLVEMENT: Luzerne County Division of Budget and Finance Luzerne County Council Voting Session August 8, 2017 Agenda Page 16 of 48
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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL ITEM TITLE Resolution Adopting Settlement of Litigation in the Matter of Debra Pac v. Luzerne County, et al., Luzerne County Court of Common Pleas, Docket Number 7650-CV-2015 Dept: Contact: Phone: Office of Law Romilda P. Crocamo, Chief Solicitor 570-825-1598 COUNCIL MEETING DATE July 25, 2017 AGENDA NUMBER SUMMARY: Attorneys for Plaintiff Debra Pac and Defendants Luzerne County, et al., have engaged in settlement discussions in the protracted above-captioned litigation. On January 6, 2016, Debra Pac filed a Complaint against Luzerne County alleging defamation, wrongful termination, and negligence. The Complaint alleges that Debra Pac was a 9-1-1 telecommunications operator for Luzerne County, from February 7, 2011 to June 3, 2014, when she was terminated from her employment. The settlement offer has been made and is subject to the terms of the Luzerne County Home Rule Charter. County Council has the power to accept or reject. FINANCING: No additional funds are required for the implementation of this resolution with the exception of any outstanding funds due and owing to outside legal counsel for the representation of Luzerne County. DISCUSSION: For the reasons stated in executive session on this matter, Luzerne County s outside counsel, the County Office of Law and the County Manager s Office recommend settlement in this matter. ALTERNATIVES: County Council may choose to not accept Debra Pac s settlement proposal. Should Council choose to not settle this matter and instead opt to pursue further litigation, discovery and pre-trial motions would be completed, a jury trial in the Luzerne County Court of Common Pleas would be scheduled and a potentially lengthy appeals process could possibly follow. Luzerne County could expect to incur tens of thousands of dollars in additional legal fees if litigation continues. Luzerne County Council Voting Session August 8, 2017 Agenda Page 41 of 48
Luzerne County Council Agenda Submittal Pac Litigation Date: July 25, 2017 - Page 2 OTHER AGENCY INVOLVEMENT: Outside counsel representing Luzerne County has consulted with the County Manager and Luzerne County Office of Law throughout the course of this litigation. Luzerne County Council Voting Session August 8, 2017 Agenda Page 42 of 48
RESOLUTION R-2017- LUZERNE COUNTY COUNCIL A Resolution by the Luzerne County Council Approving the Settlement of Pending Litigation in the Matter of Debra Pac v. County of Luzerne, et al. WHEREAS, Section 4.07.B.3 of the Luzerne County Home Rule Charter provides the County Manager shall have the authority to recommend the settlement of litigation involving the County, subject to the approval of County Council; and WHEREAS, Section 2.09.B.5 of the Luzerne County Home Rule Charter provides that County Council shall have the power to approve, by resolution adopted by a majority vote of the Council members, a recommendation by the County Manager to settle litigation involving the County; and WHEREAS, on January 6, 2016, Debra Pac filed a Complaint alleging defamation, wrongful termination, and negligence; and WHEREAS, the Complaint alleges that Debra Pac was a 9-1-1 telecommunications operator for Luzerne County from February 7, 2011 to June 3, 2014 when she was terminated from her employment; and WHEREAS, Debra Pac desires to settle with Luzerne County in the afore-mentioned matter; and WHEREAS, the Luzerne County Manager has recommended settlement of the above-captioned litigation; and WHEREAS, Luzerne County Council also desires to resolve the pending litigation in this matter. NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council approves the settlement of pending litigation for all claims asserted against Luzerne County in the matter of Debra Pac v. County of Luzerne, et al., in the amount of $. This settlement is a full and complete settlement and release of any and all claims by Debra Pac against the County of Luzerne. This resolution shall become effective six days after adoption. ADOPTED at a meeting of the Luzerne County Council held, 2017. ROLL CALL VOTE: AYES- NAYS- LUZERNE COUNTY COUNCIL Attest: Sharon Lawrence, Clerk of Council By: Linda McClosky Houck, Chair By: C. David Pedri, Esq. County Manager 1 Luzerne County Council Voting Session August 8, 2017 Agenda Page 43 of 48
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No. 2015- ORDINANCE An Ordinance of the County of Luzerne Adopting the 2017 Long-Range Operational, Fiscal, and Capital Plan for Luzerne County. WHEREAS, pursuant to the Home Rule Charter Section 5.17, on June 1, 2017, the Luzerne County Manager submitted a Long-Range Operational, Fiscal, and Capital Plan for Luzerne County( Capital Plan ) to Luzerne County Council; and WHEREAS, Luzerne County Council desires to amend the Capital Plan; and WHEREAS, Section 5.10 F of the Luzerne County Home Rule Charter provides that County Council shall have the power to amend, by Ordinance adopted by a majority plus one of the current Council members, any budget; NOW, THEREFORE, BE ORDAINED AND ENACTED by Luzerne County Council, the 2017 Long-Range Operational, Fiscal, and capital Plan for Luzerne County as Amended is adopted. A Public Hearing on this Ordinance was held on the 8th day of August, 2017 at 8:30 PM in the Council Meeting Room at the Luzerne County Courthouse. ADOPTED at a meeting of the Luzerne County Council held on August, 2017. LUZERNE COUNTY COUNCIL Attest: Sharon Lawrence, Clerk of Council By: Linda M. Houck, Chair Tim McGinley, Vice-Chair Luzerne County Council Voting Session August 8, 2017 Agenda Page 47 of 48
Lawrence, Sharon From: Sent: To: Cc: Subject: Williams, Rick Wednesday, July 26, 2017 10:54 AM Houck, Linda McClosky Luzerne County Council Members; Lawrence, Sharon; Pedri, David; O'Neill, Edmund; Twigger, Katlin; Crocamo, Romilda Proposed amendment to the Capital Plan Ms. Houck, At the next council voting session I intend to make a motion to amend the Capital Plan to delete: 1. Project #1200.05 Wilkes Barre/Wyoming Airport Terminal Masonry Restoration $50,000. 2. Project #100.18 Wilkes Barre/Wyoming Airport 10,000 Gallon Jet A AST Fuel Tank $100,000. It is inappropriate to provide any funding to the airport until the governing board complies with Council Resolution R 2017 82 requiring disclosure of certain information on their website or the county's website. I hope that a representative of that board or the management of the airport will come before council and report on current activities, plans, the financial arrangements with the county and their efforts to recruit persons to apply to serve on their board. Rick Williams 1 Luzerne County Council Voting Session August 8, 2017 Agenda Page 48 of 48