IMMEDIATELY FOLLOWING VOTING SESSION WORK SESSION CALL TO ORDER ROLL CALL LUZERNE COUNTY COUNCIL WORK SESSION February 07, 2017 Council Meeting Room Luzerne County Courthouse 200 North River Street Wilkes-Barre, PA ADDITIONS TO/DELETIONS FROM WORK SESSION AGENDA ADOPTION OF WORK SESSION AGENDA AGENDA ITEMS COUNTY MANAGER 1. Discussion of Division Reports for January 2017... pages 1-13 2. Manager s Report 3. Discussion of resolution approving the settlement of pending litigation in the matter of Wren v. Luzerne County, et al... pages 14-16 AGENDA ITEMS COUNTY COUNCIL 4. Discussion of resolution amending the process in which Luzerne County Recreation & Conservation Fund grant monies are awarded... pages 17-18 5. Discussion of resolution endorsing and approving cooperation in the update to the Pennsylvania Transit Consolidation Report to be undertaken by Pennsylvania Department of Transportation for Lackawanna and Luzerne Counties... pages 19-21 6. Discussion of resolution (Superseding Resolution R-2016-57) compelling Non-profit Organizations receiving funding from Luzerne County, or contracting to provide services to Luzerne County Authorities, Boards, Commissions, Departments, Agencies, and Divisions, to disclose certain information on the Non-profit Organization's website or the County website (ABCS)... pages 22-23
7. Discussion of resolution (Superseding Resolution R-2016-57) compelling Non-profit Organizations receiving funding from Luzerne County, or contracting to provide services to Luzerne County Authorities, Boards, Commissions, Departments, Agencies, and Divisions, to disclose certain information on the Non-profit Organization's website or the County website (Non-profit)... pages 24-25 8. Reports of Council Committees a. Authorities, Boards, & Commissions (McGinley, Schnee, Sorokas) b. Budget, Finance, & Audit (Houck, Kelleher, McGinley) c. Legislative (Haas, Kelleher, Urban) d. Strategic Initiatives (Williams, Houck, Waitkus, Brominski) e. Blighted Property Review Committee (Haas) 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
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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL ITEM TITLE A Resolution by the Luzerne County Council Confirming Settlement of Pending Litigation Dept: Contact: Phone: Luzerne County Office of Law Romilda Crocamo, Esq. 570-825-1695 COUNCIL MEETING DATE February 7, 2017 AGENDA NUMBER SUMMARY: It is recommended that Council approve settlement of the matter of the Wren v. County of Luzerne, et al., in the United States District Court for the Middle District of Pennsylvania Docket No.: 3:11-cv-0176. Plaintiff and his Counsel have agreed to accept $378,428.37 from Luzerne County as a full and complete settlement of the plaintiff s claims against Luzerne County. DEPARTMENTAL RECOMMENDATION: Upon recommendation of the County Manager, and for the reasons expressed by said legal Counsel at a recent Executive Session, it is recommended that the settlement be approved. FINANCING: $378,428.37 to be paid by Luzerne County DISCUSSION: Richard Wren was employed as the Director of Veteran s Affairs of Luzerne County beginning in 2005 and was fired on September 24, 2009. Wren brought suit against the County alleging that he was unlawfully terminated. In May of 2016, a federal jury awarded $200,000 to Wren finding that his political associations were a substantial or motivating factor in his firing. Following the verdict, Wren s Counsel filed a Motion for Attorney s Fees pursuant to 42 U.S.C. 1988. As the prevailing party in the litigation, Plaintiff s Counsel sought $230,898 in fees and expenses incurred up to the date of filing (May 25, 2016) plus any expenses incurred on posttrial motions or appeals. The proposed settlement will satisfy both damages to Plaintiff and attorney s fees liability. ALTERNATIVES: Council may choose not to approve settlement. In the event settlement is not effectuated, litigation over attorney fees and expenses will continue and the matter will proceed through the appellate process. The potential exposure to the county is higher than the proposed settlement amount. Luzerne County Council Work Session February 7, 2017 Page 14 of 25
RESOLUTION R-2017- LUZERNE COUNTY COUNCIL A Resolution by the Luzerne County Council Approving the Settlement of Pending Litigation the Matter of Wren v. Luzerne County, 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, the Luzerne County Manager has recommended settlement of the above-captioned litigation; 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, Richard Wren was employed as the Director of Veteran s Affairs of Luzerne County beginning in 2005 and was fired on September 24, 2009; and WHEREAS, Mr. Wren brought suit against the County alleging that he was unlawfully terminated; and WHEREAS, in May of 2016, a federal jury awarded $200,000 to Mr. Wren plus attorney s fees and costs; and WHEREAS, Richard Wren desires to settle his claims against Luzerne County; 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 Wren v. Luzerne County, for the amount of $348,428.37. This settlement is a full and complete settlement of any and all claims Richard Wren has against Luzerne County. 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 C. David Pedri, Esquire Luzerne County Council Work Session February 7, 2017 Page 15 of 25
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RESOLUTION R-2017- LUZERNE COUNTY COUNCIL A Resolution By the Luzerne County Council Amending the Process in which Luzerne County Recreation & Conservation Fund Grant Monies are Awarded WHEREAS, the purpose of the Luzerne County Recreation and Conservation Fund is to provide annual financial support to projects in Luzerne county that advance priorities identified in approved local, regional and/or state recreation, conservation and land use plans and/or provide programming for and promotion of the county s outdoor recreation resources; and WHEREAS, the Luzerne County Recreation Fund is funded with the annual Act 13 Marcellus Legacy Fund dollars received by Luzerne County; and WHEREAS, on June 23, 2015, Luzerne County Council adopted a process for the selection and award of annual receipts of Act 13 Marcellus Shale Legacy Fund dollars; and WHEREAS, as part of the process for awarding Act 13 Marcellus Shale Legacy Fund dollars to applicants, a review committee was established for the evaluation, scoring and recommendation to Council of how such funds should be awarded; and WHEREAS, County Council has final approval authority for the award of Act 13 Marcellus Shale Legacy Fund dollars to applicants; and WEREAS, County Council wishes to amend the process and add restrictions for the award of Act 13 Marcellus Legacy Fund dollars received by Luzerne County. BE IT RESOLVED that the County Council desires to place the following restriction on the review committee: No person sitting on the review committee evaluating and recommending the award of grant money shall be employed by and/or be a volunteer of an organization that is a current applicant for the receipt of Act 13 Marcellus Shale Legacy Fund money. BE IT FURTHER RESOLVED, where applications for Act 13 Marcellus Shale Legacy Fund money are received from both local municipalities and non-profit organizations, local municipalities shall receive preference over non-profit organizations in the award of funds. BE IT FURTHER RESOLVED, preference in the award of Act 13 Marcellus Shale Legacy Fund money shall also be given to Luzerne County eligible projects, including but not limited to awards to the Luzerne County Conservation District, over awards to non-profit organizations. Luzerne County Council Work Session February 7, 2017 Page 17 of 25
This Resolution shall become effective upon adoption. ADOPTED at a meeting of the Luzerne County Council held on, 2017. LUZERNE COUNTY COUNCIL Attest: Sharon Lawrence Clerk to Council By: Linda McClosky Houck, Chair By: C. David Pedri, County Manager Luzerne County Council Work Session February 7, 2017 Page 18 of 25
AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL ITEM TITLE Resolution approving cooperation with Penn DOT to update the Transit Consolidation Study COUNCIL MEETING DATE February 7, 2017 AGENDA NUMBER Dept: Contact: Phone: Luzerne County Planning/Zoning Department James Ferry, Executive Director 570-825-1560 SUMMARY: The Lackawanna-Luzerne Metropolitan Planning Organization ( MPO ) recently arranged for a meeting, consisting of representatives of each County, the Luzerne County Transportation Authority, COLTS, Hazleton Transit, the MPO and PennDOT, to discuss updating the study of the consolidation of the Transit entities. The committee, by unanimous assent, agreed to ask that PennDOT update the study. PennDOT agreed to update the study, subject to its request that each of the County legislative bodies, the boards of the LCTA and COLTS, and the City of Hazleton Council pass a resolution agreeing to cooperation in the updated study. This is the Resolution before Council. FINANCING: No additional funds are required for the implementation of this Resolution. Cooperation in providing information and engaging in the committee meetings by the County s appointed representative is all that is required. DISCUSSION: A few years ago, PennDOT had undertaken a study of the feasibility, costs and benefits of a consolidation of the transit authorities of Luzerne and Lackawanna Counties (LCTA and COLTS), as well as the Hazleton Transit Department of the City of Hazleton. Formal action to implement the recommendations of the study were suspended. It must be noted that some or the recommendations were either wholly or partially implemented by the two County and City of Hazleton transit entities. However, formal consolidation has not been initiated, and the MPO, PennDOT and the three transit entities met and agreed to ask that PennDOT complete an update of the study, to determine whether additional recommendations or consolidation would be a benefit to the Counties and the two or all three of the transit entities. Luzerne County Council Work Session February 7, 2017 Page 19 of 25
Luzerne County Council Agenda Submittal Resolution Regarding Transit Consolidation Study Date: February 7, 2017 - Page 2 ALTERNATIVES: The County Council may elect not to pass this resolution. If the resolution is not passed, Luzerne County will not have input into whether to proceed with the study, and if it proceeds, the County will lack representation on the committee that will decide whether to proceed with implementing any of the recommendations that come from the study. OTHER AGENCY INVOLVEMENT: This ordinance was drafted with the help of the Luzerne County Planning Department, the Lackawanna-Luzerne MPO, and PennDOT. Luzerne County Council Work Session February 7, 2017 Page 20 of 25
RESOLUTION R-2017- LUZERNE COUNTY COUNCIL A Resolution Endorsing and Approving Cooperation in the Update to the Pennsylvania Transit Consolidation Report to be Undertaken by Pennsylvania Department of Transportation for Lackawanna and Luzerne Counties WHEREAS, The Pennsylvania Department of Transportation previously completed a study of the transit networks in the two counties to examine the feasibility of establishing a regional transportation authority to encompass Lackawanna and Luzerne Counties in order to establish a more cohesive and cost effective system for the residents of Northeast Pennsylvania; and WHEREAS, the two counties and their transit systems have implemented certain recommendation in that report; and WHEREAS, the Department two counties and their transit systems want to update the study evaluating the effectiveness of the changes and determine what other areas could be addressed to improve efficiency of the network including financial and service improvements; NOW, THEREFORE BE IT RESOLVED that the County of Luzerne requests that the Department provide additional information and update the study, and the body agrees to participate in the study by providing assistance to the Department in provision of data and information, AND will participate in a working group comprised of one representative from the Lackawanna County Commissioners, one representative from the Luzerne County Council, two representatives from the City of Hazleton (one representing the city and one representing the Transportation Department, two representatives from the County of Lackawanna Transit System (one representing the Board and one representing the administration), and two representatives from the Luzerne County Transportation Authority (one representing the board and one representing the administration) This Resolution shall become effective 6 days after adoption. ADOPTED at a meeting of Luzerne County Council held on, 2017. ROLL CALL VOTE: AYES- NAYS- LUZERNE COUNTY COUNCIL ATTEST: Sharon Lawrence, Clerk of Council By: Linda McClosky Houck, Chair C. David Pedri, Esq., County Manager Luzerne County Council Work Session February 7, 2017 Page 21 of 25
RESOLUTION R-2017- LUZERNE COUNTY COUNCIL A Resolution of the Luzerne County Council (Superseding Resolution R-2016-57) Compelling Luzerne County, Authorities, Boards and Commissions Receiving Funding from Luzerne County, or Contracting to Provides Services to Separate Luzerne County Authorities, Boards, Commissions, Departments, Agencies, and Divisions, to Disclose Certain Information on the Entity's Website or the County Website WHEREAS, Luzerne County Council approves funding to various organizations, authorities, boards, and commissions as part of the annual budgeting process; and WHEREAS, Luzerne County authorities, boards, commissions, departments, agencies, and divisions enter into contracts for services with separate Luzerne County authorities, boards, and commissions; and WHEREAS, Luzerne County authorities, boards, commissions, departments, agencies, and divisions provide funding to various separate Luzerne County authorities, boards, and commissions at various times; and WHEREAS, Luzerne County Council passed Resolution R-2016-57 because Luzerne County Council sought to enhance the transparency of the various entities receiving funds from Luzerne County and to encourage public awareness and participation in the missions, activities, contracts, accounting, services, governance and policies of those entities; and WHEREAS, Luzerne County Council has determined that revised requirements are necessary to enhance the transparency of the entities covered by R-2016-57 and to enhance the transparency of Luzerne County authorities, boards, and commissions that enter into contracts with separate Luzerne County authorities, boards, commissions, departments, agencies, and divisions and to encourage public awareness and participation in the missions, activities, contracts, accounting, services, governance and policies of those authorities, boards, a n d commissions. NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council, hereby repeals Resolution No. R-2016-57; and NOW, THEREFORE, BE IT FURTHER RESOLVED, the Luzerne County Council requires that before any Luzerne County f u n d s a r e transferred to any authority, board, or commission receiving any grant or discretionary funding, and before any payment is made to Luzerne County authorities, boards or commissions providing services to the county or its separate authorities, boards, commissions, departments, agencies, and divisions, and before any funding is transferred to those Luzerne County authorities, boards, or commissions by the any of the County s separate authorities, boards, commissions, departments, agencies, and divisions, that the entity receiving those funds or payment certify that it has posted on its website, or on Luzerne County 's website, the following information and that the information is kept current and updated: R-2017- Page 1 Luzerne County Council Work Session February 7, 2017 Page 22 of 25
1. Simple Income Statement for the preceding fiscal year stating sources and uses of funds. 2. Simple Balance Sheet identifying assets and liabilities. 3. Simple Proposed Budget for current year and the preceding two years. 4. A listing of members of the governing body with the terms of each member, when they first took office and date their term ends. 5. The Mission Statement and By-laws. 6. A well-defined list of the services provided by the entity and instructions on how a member of the public applies for services, grants, or other benefits offered by the Entity (as appropriate). 7. Copies of all contracts that the entity has executed since January 1, 2015. 8. Location and contact information of the entity, a listing of the management personnel and other key staff and their professional contact information. 9. Listing of professionals providing services to the entity, their dates of engagement and terms of engagement or contract (if any) and the amounts and nature of their compensation. 10. Minutes of the governing body s meetings. 11. All resolutions and motions passed by the governing body. 12. Requests for Proposals or Statements of Qualification issued by the entity. 13. United States Internal Revenue Service tax returns of the entity and tax returns of all entities with any common management personnel. This Resolution shall become effective six (6) days from the date of adoption. ADOPTED at a meeting of Luzerne County Council held on ROLL CALL VOTE () LUZERNE COUNTY COUNCIL ATTEST: Sharon Lawrence Clerk of Council By: Linda McClosky Houck Chairwoman C. David Pedri County Manager R-2017- Page 2 Luzerne County Council Work Session February 7, 2017 Page 23 of 25
RESOLUTION R-2017- LUZERNE COUNTY COUNCIL A Resolution of the Luzerne County Council (Superseding Resolution R-2016-57) Compelling Non-profit Organizations Receiving Funding from Luzerne County, or Contracting to Provide Services to Luzerne County Authorities, Boards, Commissions, Departments, Agencies, and Divisions, to Disclose Certain Information on the Non-profit organization's Website or the County Website WHEREAS, Luzerne County Council approves funding to various non-profit organizations, entities, and other grant recipients as part of the annual budgeting process; and WHEREAS, Luzerne County authorities, boards, commissions, departments, agencies, and divisions enter into contracts for services with non-profit organization and other entities; and WHEREAS, Luzerne County authorities, boards, commissions, departments, agencies, and divisions provide funding to various non-profit organizations at various times and other entities; and WHEREAS, Luzerne County Council passed Resolution R-2016-57 because Luzerne County Council sought to enhance the transparency of the various entities receiving funds from Luzerne County and to encourage public awareness and participation in the missions, activities, contracts, accounting, services, governance and policies of those non-profit organizations; and WHEREAS, Luzerne County Council has determined that revised requirements are necessary to enhance the transparency of the entities covered by R-2016-57 and to enhance the transparency of non-profit organizations that enter into contracts with Luzerne County authorities, boards, commissions, departments, agencies, and divisions and to encourage public awareness and participation in the missions, activities, contracts, accounting, services, governance and policies of those non-profit organizations. NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council, hereby repeals Resolution No. R-2016-57; and NOW, THEREFORE, BE IT FURTHER RESOLVED, the Luzerne County Council requires that before any Luzerne County f u n d s a r e transferred to any non-profit organization receiving any grant or funding, and before any payment is made to any non-profit organization providing services to the county or its authorities, boards, commissions, departments, agencies, and divisions, and before any funding is transferred to non profit organizations by the County's authorities, boards, commissions, departments, agencies, and divisions, that the non-profit organizations receiving those funds or payment certify that it has posted on its website, or on Luzerne County 's website, the following information and that the information is kept current and updated: R-2017- Page 1 Luzerne County Council Work Session February 7, 2017 Page 24 of 25
1. The two most recent IRS Form 990 tax returns. 2. The two most recent completed financial audits. 3. A Simple Budget for the current year. 4. A listing of members of the governing body, when they first took office, and the expected end date of their current term. 5. The Mission Statement and By-laws of the governing body. 6. A well-defined list of the services provided by the non-profit organization or entity and instructions on how a member of the public applies for services, grants, or other benefits offered by the organization (as appropriate). 7. Copies of all contracts that the non-profit organization or entity has executed since January 1, 2015, that were entered into for the performance of the organization s contract with Luzerne County. 8. Location and contact information of the non-profit organization or entity, a listing of the executive and management staff, including the executive director, and their professional contact information. 9. Copies of any Requests for Proposals where the successful proposer will be paid out of County Funds (i.e., when sub-contracted services or products associated with the non-profit organization s contract with the County will be or are provided by another entity or sub-contractor). 10. The IRS Form 990 tax returns of any and all organizations or entities and any organization from which the members of the governing body or the executive management receives compensation or where there is any common management or board personnel. This Resolution shall become effective six (6) days from the date of adoption. ADOPTED at a meeting of Luzerne County Council held on ROLL CALL VOTE () LUZERNE COUNTY COUNCIL ATTEST: Sharon Lawrence Clerk of Council By: Linda McClosky Houck Chairwoman C. David Pedri County Manager R-2017- Page 2 Luzerne County Council Work Session February 7, 2017 Page 25 of 25