luzerne county council voting session april 23, 2019

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LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019 Council Meeting Room Luzerne County Courthouse 200 N. River Street Wilkes-Barre, PA 18701 5:30 PUBLIC HEARING (Zoning) 5:40 PUBLIC HEARING (Drug Task Force Officer) 5:50 PUBLIC HEARING (Transportation Planner) 6:01PM CALL TO ORDER PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ROLL CALL RECOGNITIONS & CEREMONIAL PROCLAMATIONS Proclamations: Lyme Disease Awareness Month – May 2019 Autism Awareness Month – April 2019 Conservation District Week – May 5-11, 2019 Lions Club International Multiple District 14 – 96 th Annual State Convention NEPA Manufacturers & Employers Association Award – Cargill Beef NEPA Manufacturers & Employers Association Award – InterMetro Industries, Corp. NEPA Manufacturers & Employers Association Award – Transcontinental Hazleton National Public Safety Telecommunicators Week – April 14-20, 2019 PA Chapter of the Association of Public Safety Communications Officials International Awards - 2018 Information Technologist of the Year - Michael Ankenbrand -2018 Team of the Year - Luzerne County 9-1-1 Retirements: Carol Bryden, Custodial Worker, Building & Grounds Herbert M. Ciechoski, Security Mary Diliberto, Care Manager, Area Agency on Aging Michael A. John, Corrections Officer, LCCF William W. Lisman, Coroner Marianne Malinosky, Clerk Typist 2, Area Agency on Aging Suzanne Strittmatter, Caseworker Supervisor, MHDS

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Page 1: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

LUZERNE COUNTY COUNCIL

VOTING SESSION

April 23, 2019

Council Meeting Room

Luzerne County Courthouse

200 N. River Street

Wilkes-Barre, PA 18701

5:30 PUBLIC HEARING (Zoning) 5:40 PUBLIC HEARING (Drug Task Force Officer) 5:50 PUBLIC HEARING (Transportation Planner) 6:01PM CALL TO ORDER PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ROLL CALL RECOGNITIONS & CEREMONIAL PROCLAMATIONS Proclamations:

Lyme Disease Awareness Month – May 2019

Autism Awareness Month – April 2019

Conservation District Week – May 5-11, 2019

Lions Club International Multiple District 14 – 96th Annual State Convention

NEPA Manufacturers & Employers Association Award – Cargill Beef

NEPA Manufacturers & Employers Association Award – InterMetro Industries, Corp.

NEPA Manufacturers & Employers Association Award – Transcontinental Hazleton

National Public Safety Telecommunicators Week – April 14-20, 2019

PA Chapter of the Association of Public Safety Communications Officials International Awards - 2018 Information Technologist of the Year - Michael Ankenbrand -2018 Team of the Year - Luzerne County 9-1-1

Retirements:

Carol Bryden, Custodial Worker, Building & Grounds

Herbert M. Ciechoski, Security

Mary Diliberto, Care Manager, Area Agency on Aging

Michael A. John, Corrections Officer, LCCF

William W. Lisman, Coroner

Marianne Malinosky, Clerk Typist 2, Area Agency on Aging

Suzanne Strittmatter, Caseworker Supervisor, MHDS

Page 2: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

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. OLD BUSINESS NEW BUSINESS AGENDA ITEMS – CLERK OF COUNCIL

Motion to approve minutes of April 09, 2019 meeting ............................................................ pages 1-5 AGENDA ITEMS – COUNTY MANAGER

1. Motion to adopt ordinance amending the 2019 Fiscal Year Budget for Luzerne County (Drug Task Force Officer) ....................................................... pages 6-8

2. Motion to adopt ordinance amending the 2019 Fiscal Year Budget for Luzerne County (Transportation Planner) ...................................................... pages 9-21

3. Motion to adopt resolution authorizing the County Manager to execute a Contract with Maverick Strategies………………………………………………...pages 22-27

AGENDA ITEMS – COUNTY COUNCIL

4. Motion to adopt ordinance amending the Luzerne County Zoning Map to Re-Zone Parcels of Property in the Borough of Pringle from Light Industrial (M-2) Zone to Two Family Residence District (R-2) Zone………….…….pages 28-30

5. Motion to adopt resolution committing a Local Match for State Operating Assistance for the Luzerne County Transportation Authority .......... pages 31-36

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

Page 3: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

Luzerne County Council Voting Session April 09, 2019 Page 1 of 5

Luzerne County Council April 09, 2019

Luzerne County Court House

Council Meeting Room

200 N. River Street

Wilkes-Barre, Pa. 18711

Minutes

April 09, 2019 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, April 09, 2019, at 6:01 PM. The meeting was

called to order by Chair Tim McGinley.

Pledge of Allegiance and Moment of Silence

Sean Duesler introduced Bear Creek Daisy Troop 32109 who led the Pledge of Allegiance.

Roll Call

Present

Patrick M. Bilbow

Harry Haas

Linda McClosky Houck

Eugene Kelleher

Tim McGinley

Chris Perry

Sheila Saidman, Esq.

Robert Schnee

Stephen A. Urban

Matthew Vough

Jane Walsh Waitkus

Also Present

C. David Pedri, Esq., County Manager

Romilda P. Crocamo, Chief County Solicitor

Sharon Lawrence, Clerk of Council

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 1 of 36

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Luzerne County Council Voting Session April 09, 2019 Page 2 of 5

Recognitions/Ceremonial Proclamations

None

Additions to/Deletions from Voting Session Agenda

Mr. Haas requested Work Session agenda item 6, Drug Task Force Letter of Support, be moved

to the Voting Session Agenda. Mr. McGinley agreed and stated it will be agenda item 8 on the

Voting Session Agenda.

Adoption of Voting Session Agenda

Motion to Adopt: Mr. Schnee

Second: Ms. Saidman

Vote:

Eleven (11) Ayes - Unanimous

The Voting Session Agenda is adopted (11-0)

Public Comment on Voting Session Agenda Items

Colleen Garrison (Wyoming Free Library) thanked Council for considering supporting the

Keystone Grant for Public Library Facilities. Ms. Garrison spoke about the Grant and the Library

Upgrades needed.

Old Business

None

New Business

Motion to adopt minutes of the March 26, 2019 Voting Meeting

Motion by: Ms. Waitkus

Second: Mr. Vough

Vote:

Nine (9) Ayes by Mr. Bilbow, Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Perry, Mr. Schnee,

Mr. Vough and Ms. Waitkus

One (1) Nay by Mr. Stephen A. Urban

One (1) Abstention by Ms. Saidman

Motion Passed (9-1) with (1) Abstention

The March 26, 2019 Voting Meeting Minutes are Adopted

1. Motion to introduce ordinance amending the 2019 Fiscal Year Budget for Luzerne

County (Drug Task Force Officer)

Motion by: Mr. Schnee

Second: Mr. Bilbow

Roll Call Vote:

Eleven (11) Yes – Unanimous

Motion Passed (11-0)

Ordinance is Introduced

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 2 of 36

Page 5: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

Luzerne County Council Voting Session April 09, 2019 Page 3 of 5

2. Motion to introduce ordinance amending the 2019 Fiscal Year Budget for Luzerne

County (Transportation Planner)

Motion by: Mr. Perry

Second: Mr. Vough

Roll Call Vote:

Eleven (11) Yes – Unanimous

Motion Passed (11-0)

Ordinance is Introduced

3. Motion to adopt resolution entering into a Lease for a portion of land at the Luzerne

County Annex for use by the Flower Tent

Motion by: Mr. Kelleher

Second: Mr. Stephen A. Urban

Roll Call Vote:

Eleven (11) Yes – Unanimous

Motion Passed (11-0)

Resolution is Adopted

4. Motion to introduce ordinance amending the Luzerne County Zoning Map to Re-Zone

Parcels of Property in the Borough of Pringle from Light Industrial (M-2) Zone to Two

Family Residence District (R-2) Zone

Motion by: Mr. Kelleher

Second: Mr. Stephen A. Urban

Roll Call Vote:

Eleven (11) Yes – Unanimous

Motion Passed (11-0)

Ordinance is Introduced

5. Motion to adopt resolution sponsoring the Wyoming Free Library’s Application for a

Keystone Grant for Public Library Facilities

Motion by: Mr. Haas

Second: Ms. Saidman

Roll Call Vote:

Eleven (11) Yes – Unanimous

Motion Passed (11-0)

Resolution is Adopted

6. Motion to adopt resolution committing a Local Match for State Operating

Assistance for the Hazleton Public Transit

Motion by: Mr. Schnee

Second: Mr. Bilbow

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 3 of 36

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Luzerne County Council Voting Session April 09, 2019 Page 4 of 5

Mr. Haas would like to amend the resolution and reduce the match by $18,000.00.

Motion by: Mr. Haas

Second: Mr. Stephen A. Urban

Roll Call Vote to Amend:

Three (3) Yes by Mr. Haas, Ms. Houck and Mr. Stephen A. Urban

Eight (8) No by Mr. Bilbow, Mr. Kelleher, Mr. McGinley, Mr. Perry, Ms. Saidman, Mr. Schnee,

Mr. Vough and Ms. Waitkus

Motion Failed (3-8)

Ms. Saidman would like to postpone the vote until the next Council meeting and suggested

In the meantime, Mr. Haas contact Carbon and Schuylkill Counties to express the position

of Luzerne County.

Motion by: Ms. Saidman

Second: Ms. Waitkus

Ms. Houck felt contact should be made by Mr. Pedri.

Mr. Haas and Mr. Pedri agreed that both of them would contact the counties. After further

discussion, Ms. Saidman and Ms. Waitkus withdrew their motions.

Mr. Haas would like to postpone.

Motion by: Mr. Haas

Second: Mr. Stephen A. Urban

Roll Call Vote to Postpone:

Two (2) Yes by Mr. Haas and Mr. Stephen A. Urban

Nine (9) No by Mr. Bilbow, Ms. Houck, Mr. Kelleher, Mr. McGinley, Mr. Perry, Ms. Saidman,

Mr. Schnee, Mr. Vough and Ms. Waitkus

Motion Failed (2-9)

Roll Call Vote to Adopt:

Nine (9) Yes by Mr. Bilbow, Ms. Houck, Mr. Kelleher, Mr. McGinley, Mr. Perry, Ms. Saidman,

Mr. Schnee, Mr. Vough and Ms. Waitkus

Two (2) No by Mr. Haas and Mr. Stephen A. Urban

Motion Passed (9-2)

Resolution is Adopted

7. Motion to adopt resolution awarding 2018-2019 Luzerne County Recreation and

Conservation Fund Grant Money

Motion by: Mr. Schnee

Second: Mr. Vough

Roll Call Vote:

Eleven (11) Yes – Unanimous

Motion Passed (11-0)

Resolution is Adopted

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 4 of 36

Page 7: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

Luzerne County Council Voting Session April 09, 2019 Page 5 of 5

ADDED

8. Motion to approve Drug Task Force Letter of Support

Motion by: Mr. Stephen A. Urban

Second: Ms. Saidman

Ms. Houck suggested the letter contain individual names and signatures of each Council

Member. Mr. McGinley stated the letter will be revised by Ms. Lawrence to include the

individual names and signatures of County Council and will available for everyone to sign

during the Work Session.

Roll Call Vote:

Eleven (11) Ayes – Unanimous

Motion Passed (11-0)

Public Comment

Greg Griffin (Swoyersville) provided an update of their meeting with Attorney General Freed

and thanked Council for the Letter of Support.

Sam Troy (Wilkes-Barre) stated he was disappointed with the Hazleton Transit vote and

suggested more detail be included on the agenda. Mr. Troy feels the 3 minute limit should be

longer. He commented on the contract with Maverick Strategies and the Voting Systems RFP.

Matt Vough provided an update on his work regarding the Opioid Epidemic. Mr. Vough stated

he met with Jessica and her team at the Children’s Service Center and they will be attending the

April 23rd Council Meeting to share some positives and talk about their clinic and work. Mr.

Vough also met with Steve Ross and the Drug & Alcohol Team. They will be touring the

outpatient facilities together. Mr. Vough also toured New Roots. He stated the Dupont Crime

Watch Team reached out to him and there will be Opioid Awareness Forum in Dupont from

7-8:30 on April 30th at the Municipal Building.

Motion to Adjourn: Mr. Kelleher

Second: Mr. Stephen A. Urban

Vote:

Eleven (11) Ayes - Unanimous

Meeting Adjourned at 7:05 PM

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 [email protected]

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 5 of 36

Page 8: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE

Budget Amendment to Reflect Receipt of Funds from

Office of the Attorney General to fund Drug Task Force

Officer Position.

COUNCIL MEETING

DATE

March 26 and April 9,

2019

AGENDA

NUMBER

Department:

Contact:

Phone:

District Attorney’s Office

Stefanie Salavantis, Esquire

570-825-1674

DEPARTMENTAL RECOMMENDATION:

It is recommended that Luzerne County approve the Budget Amendment to reflect the receipt of $45,000

from the Pennsylvania Office of the Attorney General to fund the salary of a Drug Task Force Officer.

SUMMARY:

The District Attorney’s Office has been made aware that there is funding available through the Office of

Attorney General for the creation of a Drug Task Force Officer position. The Drug Task Force Officer

would be responsible for conducting narcotics investigations throughout Luzerne County. A job

description for the position is attached hereto which further details the qualifications and responsibilities

of the position. The position is full time and is not a union position.

FINANCING:

The Drug Task Officer’s salary will be funded by the Office of the Attorney General. Luzerne County

would be responsible for funding healthcare and pension related expenses.

DISCUSSION:

A budget amendment would be needed in order to properly reflect the revenue from the new position

which would be used to pay the salary. Corresponding expense items may also need to be adjusted.

ALTERNATIVES:

Luzerne County Council could choose to not amend the budget to account for the creation of this position.

OTHER AGENCY INVOLVEMENT: None

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 6 of 36

Page 9: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

No. 2019-___

ORDINANCE

An Ordinance of County Council for the County of Luzerne

Amending the 2019 Fiscal Year Budget for Luzerne County

WHEREAS, the Luzerne County District Attorney’s Office was informed that funding is

available through the Pennsylvania Attorney General for the creation of a Full Time Drug Task Force

Officer position; and

WHEREAS, the position within the Luzerne County District Attorney’s Office would be

responsible for initiating narcotics investigations throughout Luzerne County; and

WHEREAS, pursuant to Section 5.07 of the Home Rule Charter of Luzerne County, County

Council adopted the 2019 Fiscal Year Budgets which accounted for anticipated revenue and expenses;

and

WHEREAS, Section 5.10.F. of the Home Rule Charter states County Council may amend any of

the budgets at any time during the fiscal year by ordinance adopted by an affirmative vote of at least a

majority plus one of its current members after a public hearing has been held; and

WHEREAS, County Council for Luzerne desires to amend the Budget at the appropriate line

items in order to account for the receipt of funds from the Office of the Attorney General to cover the

salary for the Drug Task Force Officer position, as well as, amending the budget to account for the

expenditure of funds for salary and healthcare related expenses associated with the position.

NOW, THEREFORE, the following is hereby ENACTED and ORDAINED by the Luzerne

County Council:

SECTION ONE. Incorporation of Preamble.

The provisions set forth in the preamble to this Ordinance are incorporated herein by reference in

their entirety.

SECTION TWO. Amendment of Line Items in Budget.

A public hearing having been held on _______________, 2019, County Council hereby amends

the following line item in the 2019 fiscal year budget in order to account for the receipt of funds from the

Office of Attorney General to pay the salary for a Drug Task Force Officer:

Add $45,000 in revenue to line item _______________ (General Fund )

Deduct payroll expenses at line item _______________

Deduct healthcare expenses at line item ____________

SECTION THREE. Remainder of Budget.

All other line items in the 2019 Fiscal Year Luzerne County Budget shall remain unchanged.

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 7 of 36

Page 10: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

SECTION FOUR. Effective Date.

This Ordinance shall become effective fifteen (15) days after enactment.

Enacted by County Council, this ____ day of ________________, 2019.

LUZERNE COUNTY COUNCIL

AYES:

NAYS:

Attest:

____________________________

Tim McGinley, Chair

__________________________________

Sharon Lawrence, Clerk of County Council

____________________________

Eugene Kelleher, Vice-Chair

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 8 of 36

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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE Ordinance to amend the budget to account for the receipt and expenditure of funds for a Transportation Planner.

COUNCIL MEETING

DATE March 26 and April 9,

2019.

AGENDA

NUMBER

Dept:

Contact:

Phone:

Planning Department Heath Eddy, Director 570-825-1560

SUMMARY:

PENNDOT funding is available to cover the salary, pension and healthcare benefits associated with the creation of a new Transportation Planner Position. As such the 2019 budget would need to be amended to account for the receipt of funds from PENNDOT and corresponding expenditures related to payroll and healthcare.

FINANCING:

No additional funds are required from Luzerne County for the implementation of this ordinance.

DISCUSSION:

Please see the attached Memorandum from Heath Eddy, AICP, Director of Planning and Zoning which details his request and the justifications for the request. Also attached is a job description which details the responsibilities of the Transportation Planner.

ALTERNATIVES:

The County Council may choose to deny the request to amend the budget and not account for the receipt and expenditure of funds.

OTHER AGENCY INVOLVEMENT:

This Ordinance was submitted for legal review to the Luzerne County Office of Law.

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 9 of 36

Page 12: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

No. 2019-___

ORDINANCE

An Ordinance of County Council for the County of Luzerne

Amending the 2019 Fiscal Year Budget for Luzerne County

WHEREAS, the Luzerne County Planning and Zoning Office was informed that funding is

available through PENNDOT for the creation of a Full Time Transportation Planner position; and

WHEREAS, the position within the Luzerne County Planning and Zoning Office would be

responsible for all planning and zoning needs throughout Luzerne County; and

WHEREAS, pursuant to Section 5.07 of the Home Rule Charter of Luzerne County, County

Council adopted the 2019 Fiscal Year Budgets which accounted for anticipated revenue and expenses;

and

WHEREAS, Section 5.10.F. of the Home Rule Charter states County Council may amend any of

the budgets at any time during the fiscal year by ordinance adopted by an affirmative vote of at least a

majority plus one of its current members after a public hearing has been held; and

WHEREAS, County Council for Luzerne desires to amend the Budget at the appropriate line

items in order to account for the receipt of funds from PENNDOT to cover the salary for the

Transportation Planner position, as well as, amending the budget to account for the expenditure of funds

for salary and healthcare related expenses associated with the position.

NOW, THEREFORE, the following is hereby ENACTED and ORDAINED by the Luzerne

County Council:

SECTION ONE. Incorporation of Preamble.

The provisions set forth in the preamble to this Ordinance are incorporated herein by reference in

their entirety.

SECTION TWO. Amendment of Line Items in Budget.

A public hearing having been held on _______________, 2019, County Council hereby amends

the following line item in the 2019 fiscal year budget in order to account for the receipt of funds from

PENNDOT to pay the salary, healthcare and related benefits for a Transportation Planner:

Add $________ in revenue to line item _______________ (General Fund )

Deduct payroll expenses at line item _______________

Deduct healthcare expenses at line item ____________

SECTION THREE. Remainder of Budget.

All other line items in the 2019 Fiscal Year Luzerne County Budget shall remain unchanged.

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 10 of 36

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SECTION FOUR. Effective Date.

This Ordinance shall become effective fifteen (15) days after enactment.

Enacted by County Council, this ____ day of ________________, 2019.

LUZERNE COUNTY COUNCIL

AYES:

NAYS:

Attest:

____________________________

Tim McGinley, Chair

__________________________________

Sharon Lawrence, Clerk of County Council

____________________________

Eugene Kelleher, Vice-Chair

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 11 of 36

Page 14: LUZERNE COUNTY COUNCIL VOTING SESSION April 23, 2019

1

Lawrence, Sharon

Subject: FW: notice of position changes - FY 2019 budget

From: Pedri, David  Sent: Friday, March 22, 2019 9:31 AM To: Luzerne County Council Members <[email protected]> Cc: Parsnik, David <[email protected]>; Gavlick, Angela <[email protected]>; Salavantis, Stefanie <[email protected]>; Ardo, Toni <[email protected]>; O'Neill, Edmund <[email protected]>; Eddy, Heath <[email protected]>; Hill, Lynn <[email protected]>; Van Saun, Joanne <[email protected]>; Meehan, Ellen <[email protected]>; Szumski, Brian <[email protected]>; Hoggarth, Joan <[email protected]>; Cunningham, Danielle <[email protected]>; Swetz, Brian <[email protected]>; Crake‐Lapsansky, Shannon <Shannon.Crake‐[email protected]> Subject: notice of position changes ‐ FY 2019 budget   Council, please accept this e‐mail as notification under Administrative Code 8.02 of changes to 4 positions:  

1. The District Attorney will be adding 1 position  ‐ Full Time Drug Task Force Officer (Narcotics Agent) to combat the opioid epidemic as well as other narcotics related enforcement matters.  The position is non‐represented, and carries a $45,000 annual salary plus standard County benefits.  The District Attorney has been able to secure funding for this position through the Pennsylvania Attorney General’s Office who will cover 100% of the position’s salary and health benefits.  The District Attorney’s budget will absorb the pension requirements.  The District attorney’s office has not been fully staffed, therefore this pension requirement will not affect her 2019 budget. 

 2. The Planning and Zoning Department will be adding 1 position – Transportation Planner to address various road 

and PENNDOT related issues.  The position is non‐represented, and carries a salary of $48,000‐$53,000 plus standard County benefits.  Planning and Zoning has been able to secure funding for this position through the Unified Planning Work Program with PENNDOT who will cover 100% of the position’s salary, health benefits and pension.   

 Each of the above 2 positions will require FY 2019 budget amendments to address the increases in revenue that will be discussed at the Work Session on March 26 and then hopefully voted on by County Council at the April meetings.  County administration will not create these positions until County Council’s final budget vote on these budget amendments that is required to recognize the increased revenue.  

3. The Children and Youth Department will be eliminating a vacant Family Program Specialist position with a salary of $45,900 to and creating a Program Specialist 2 position with a salary of $45,000 to comply 2018/2019 Needs Based Budget.  Both positions carry standard County benefits and pension and are represented by the Teamsters MOU.    

4. The Sheriff’s Department will be eliminating a vacant Security Guard position with a salary of $26,879 and creating a Deputy Sheriff position with a salary of $27,950 to address security concerns.  Both positions carry standard County benefits and pension and are represented by AFSCME.  The Sheriff’s Department has not been fully staffed, therefore this small increase in represented salary will not affect his 2019 budget.  

Please advise if there are any questions or concerns.    Thank you 

Luzerne County Council Voting Session April 23, 2019 AGENDA Page 12 of 36

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2

 Dave 

   

C. David Pedri, Esq. Luzerne County Manager 200 N. River Street. Wilkes-Barre, PA 18711 (570)825-1635  

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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE

A Resolution of the Luzerne County Council

Authorizing the County Manager to Execute a

Contract with Maverick Strategies

COUNCIL MEETING

DATE

April 23, 2019 Voting Session

AGENDA

NUMBER

Dept:

Contact:

Phone:

Office of the County Manager

C. David Pedri, Esq., Luzerne County Manager

570-825-1635

SUMMARY: Maverick Strategies is a lobbyist group based in Harrisburg, Pennsylvania. As outlined in the agreement, the professional services include general consulting, relationship building, message creation, news monitoring, legislative bill monitoring, client communications and the general task promoting the goal of Luzerne County. Maverick Strategies will assist in identifying resources and grants that could benefit the County as well as staying on top of state issues that could affect the County.

FINANCING As indicated in the Agreement, the monthly fee for services is $5,000.00

DISCUSSION:

Along with the services outlined in the agreement, Maverick Strategies’ primary task will be to assist Luzerne County in obtaining competitive State and Federal grants to fund the 911 communication system upgrade. Because of the organization’s political acumen and existing relationships in Harrisburg and the General Assembly, Maverick Strategies will play a pivotal role in guiding the County through the potential funding sources. Truly effective state lobbying requires day-to-day, on-the-ground, face-to-face contact and requires lobbyists who have earned the trust and respect of local officials.

ALTERNATIVES:

Luzerne County does not currently have a consistently active presence at the state level. As such, it does not have representation at the state Capitol that can help the county gain support from key public officials and policy makers on decisions that directly impact the County. If Council fails to pass this resolution, County Administration will continue to apply for grants in the current manner.

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RESOLUTION R-2019-

LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Authorizing the County Manager

To Execute a Contract with Maverick Strategies

WHEREAS, the Luzerne County Manager has the authority to recommend, and Luzerne

County Council the authority to approve, the execution of certain contracts pursuant to the Luzerne

County Home Rule Charter; and

WHEREAS, Maverick Strategies is a lobbyist group based in Harrisburg, Pennsylvania that

provides the following services: general consulting, relationship building, message creation, news

monitoring, legislative bill monitoring, grant monitoring, and client communications; and

WHEREAS, the Luzerne County Manager has recommended entering into a contract with

Maverick Strategies to assist Luzerne County in obtaining competitive State and Federal grants to

fund the 911 communication system upgrade, other grants and funding opportunities as well as

providing information on State issues that could affect the County; and

WHEREAS, Maverick Strategies will provide the services to Luzerne County for a monthly

fee of $5,000.00; and

WHEREAS, Luzerne County Council believes it to be in the best interests of the County to

enter into a contract with Maverick Strategies.

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the

execution of a contract with the Maverick Strategies.

BE IT FURTHER RESOLVED, County Manager C. David Pedri is authorized to execute all

necessary paperwork for this contract.

This Resolution shall become effective immediately.

ADOPTED at a meeting of Luzerne County Council held on April 23, 2019.

LUZERNE COUNTY COUNCIL

By______________________________

Tim McGinley, Chair

ATTEST:____________________________

Sharon Lawrence, Clerk of Council

______________________________

C. David Pedri, County Manager

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March 28, 2019

Dear Prospective Client,

This letter will formalize the discussions and engagement between the Luzerne County

(client), located at 200 North River Street, Wilkes-Barre, PA 18711 and Maverick Strategies

(contractor), located at 1426 N. 3rd Street, Suite 310, Harrisburg, PA 17102, for government

and public affairs work.

1. Term. This agreement shall be effective as of May 1, 2019 and shall run through June

31, 2020.

2. Services. The contractor shall provide the following professional services:

a. General Consulting. Maverick Strategies will offer the client strategic guidance and

intelligence gathering for the group.

b. Relationship Building. Our team will work hard to open doors to key decision makers

in the state to not only introduce you and your business to them, but also the issues

that matter to you.

c. Message Creation. Our background is in messaging, and we work with our clients to

help them craft the right message for their issues. So much of lobbying today is making

the issues relevant within the Capitol, but also in the districts of decision makers. We

use our background in campaigns to take a top down look at the issue and

recommend a way to communicate not only to the general assembly, but the general

public when appropriate.

d. News Monitoring. Maverick Strategies will aggregate relevant news articles from

throughout the Commonwealth and deliver them to the client on an agreed upon

basis.

e. Hill Monitoring. Maverick Strategies will monitor the activities on the Hill in regards

to issues we are tracking and send updates as legislation moves.

f. Client Communications. Every client is different, so we work with you to come to a

mutually agreeable communication plan internally. We will work to make sure that you

have the type of interaction that you expect, and we will constantly reevaluate that

relationship to ensure you are getting the type of service you need.

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g. General Tasks Promoting The Goals of The Client. Maverick Strategies will perform

any other reasonable task requested by the client in regards to Pennsylvania legislative

issues.

h. Grant Monitoring. Our team will look for potential grant opportunities within state

government.

3. Retainer. Client will pay a retainer in the amount of $5,000 a month. Expenses will

not exceed $500 per month without prior approval.

4. Compliance with Laws. Both parties shall comply with all applicable federal, state

and local statutes, rules, regulations or ordinances regarding the performance of its

activities under this agreement.

a. Anti-Corruption Compliance. In connection with services performed under this

agreement, contractor shall not pay, offer or promise to pay, or authorize the

payment directly or indirectly of any monies or anything of value to any government

official or employee of any political party or candidate for political office, for the

purpose of inducing or rewarding any favorable action in any commercial transaction

or in any governmental matter. Contractor has in place at the time of execution of

this agreement and will maintain and enforce during the entire term of this

agreement its own firm policy requiring adherence to ethical business practices,

including a prohibition on bribery of government officials.

b. Lobbying Compliance. Contractor is aware that lobby registration and reporting

requirements may be applicable to the contractor’s activities under this agreement,

including, but not limited to Federal, state and/or local laws. Contractor represents

and warrants that contractor is familiar and will comply with any and all applicable

Federal, state and/or local lobby registration and reporting requirements as well as

any other requirements imposed upon lobbyists, including, but not limited to, gift

restrictions under applicable lobbying laws. Contractor shall cooperate with client to

the extent necessary for client to comply with any applicable lobby registration and

reporting requirements, including, but not limited to, informing client of the amount

or percentage of client’s payment that is attributable to Federal lobbying activities or

state legislative lobbying activities.

c. Registration and Reporting. Contractor agrees to take all steps to assure

compliance with any applicable Federal, state and local lobbying registration and

reporting laws and rules, including preparing and timely filing of client and

contractor lobbying registration forms and financial reports and client registration

documents. Contractor agrees to take all steps to assure compliance with any

applicable state and local campaign finance registration and reporting laws and

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rules, including preparing and timely filing of client registration and reports of

corporate political contributions. Contractor shall provide to client, upon request,

copies of all reports required by law to be filed with any governmental entity with

respect to any activities undertaken by contractor on behalf of client.

5. Confidential Nature of this Relationship. This relationship will create an exchange of

information, written and oral, between the parties, including data, documents,

surveys, concepts, drafts, other relationships, strategies and tactics; no disclosure of

any such information by either party without the express consent of the other shall

be permitted. The relationship between the client and the contractor outlined in this

agreement is confidential between the parties and will not be disclosed by either

party either presently or in the future. This provision shall not apply if disclosure is

required by statute, law, regulation, or an order of the court or governmental

tribunal. This provision of the contract, in particular, shall survive the term of this

agreement.

a. Auditing. Pursuant to the Luzerne County Home Rule Charter, the County shall have

the right to audit, to examine, and to make copies of or extracts from all financial and

related records (in whatever form they may be kept, whether written, electronic, or

other) relating to or pertaining to this Contract kept by or under the control of the

Contractor.

6. Independent Contractor. During the term of this agreement, the contractor shall be

an independent contractor and not an agent of the client. The contractor shall

supervise the performance of its own services and shall have control of the manner

and means by which its services are performed, subject to compliance with this

agreement and any items requiring the client’s approval.

7. Governing Law. This agreement shall be governed by and construed in accordance

with the laws of the Commonwealth of Pennsylvania and the United States of

America.

8. Entire Agreement. This is the entire agreement of the parties. There are no other

representations, understandings or agreements, oral or written, express or implied,

which are not contained herein.

9. Cancelation of Agreement. Either Party can cancel this agreement with sixty (60)

days written notice.

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Kyle P. Fitzsimmons Date

C. David Pedri, County Manager Date

Luzerne County

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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE Ordinance to amend the zoning ordinance and map to rezone three parcels in Pringle Borough.

COUNCIL MEETING

DATE

AGENDA

NUMBER

Dept:

Contact:

Phone:

Planning Department Heath Eddy, Director 570-825-1560

SUMMARY:

Property owners William Fuches, John Fuches, and Charlotte Wojtas have filed a request to rezone three lots of land, located in a M-2 Light Industrial District, to a R-2 Two Family Residence District zone to match the contiguous property uses across Grove Street from their properties in Pringle Borough.

FINANCING:

No additional funds are required for the implementation of this ordinance.

DISCUSSION:

The property owners seek to include their properties fronting on Grove Street in Pringle Borough in the R-2, Two Family Residence District, zone to match the zoning of similar properties immediately across the street.

As stated above, the properties are located on Grove Street and there are other R-2 Two Family Residence properties directly across the street. The properties are more specifically identified as follows:

Parcel Identification Numbers Location Owners’ Name 52-G9S1-009-002-000 477 Grove Street John Fuches 52-G9S1-009-003-000 479-481 Grove Street William Fuches 52-G9S1-009-005-000 485 Grove Street Charlotte Wojtas

The Luzerne County Zoning Ordinance (“the Ordinance”) sets forth the procedure for a change to the Zoning designation of property and the Zoning Map. The request is to be considered by the Planning Commission of Luzerne County (“Commission”). If the Commission determines that the proposed change is consistent with the overall goals and intentions of the Ordinance, it may recommend approval of the request. The Commissions’ decision, whether in favor of or against the proposal, is communicated to the County Council as a recommendation. County Council may choose to amend the Luzerne County Zoning Ordinance by Ordinance after a duly advertised public meeting is held.

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Luzerne County Council Agenda Submittal BRIEF SUMMARY OF ITEM TITLE Date: COUNCIL MEETING DATE REQUESTED - Page 2

The Planning Commission met to consider the requested change at a duly advertised public hearing held March 14, 2019, and recommended approval after substantial discussion. The basis for the applicants’ application is how the Zoning Ordinance treats lawfully existing nonconforming uses that might suffer significant damage due to fire, earthquake, tornadoes, etc. Briefly, upon sustaining damage to the extent of 60% or more of its pre-event value, a nonconforming structure may not be reconstructed and returned to that nonconforming use. This presents a burden to the owners when attempting to sell their residential property, as mortgage lenders are reluctant to lend under such restrictions. The adjacent property owner, the International Brotherhood of Electrical Workers, Local 1319, expressed concerns about how extending the district boundary closer to their facilities might impact their ability to sustain their use compliant with the performance standards required in the M-2 Light Industrial District zone. After some discussion among the parties and agreement that the IBEW would be allowed to continue to operate under the current regulations for noise and building setbacks, the Commission voted to recommend approval of the application to Council.

Council is now to consider the recommendation of the Commission after a public hearing. If a majority of council members present votes for the change, the Ordinance and Zoning Map will be amended to reflect the reclassification of the aforementioned parcels from M-2 to R-2.

ALTERNATIVES:

The County Council may choose to deny the request to rezone. The lots would continue to be subject to the Ordinance requirements as is.

OTHER AGENCY INVOLVEMENT:

This Ordinance was submitted for legal review to the Luzerne County Office of Law.

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No. 2019- _______

ORDINANCE

An Ordinance of Luzerne County Council Amending the Luzerne County Zoning Map to Re-Zone Parcels of Property in the Borough of Pringle from

Light Industrial (M-2) Zone to Two Family Residence District (R-2) Zone

WHEREAS, on February 22, 2019, William Fuches, 479-481 Grove, John Fuches, 477 Grove, and Charlotte Wojtas, 485 Grove, applied for re-zoning of their properties located on Grove Street in the Borough of Pringle from Light Industrial (M-2) to Two Family Residence District (R-2); and

WHEREAS, at a public meeting held on March 14, 2019, the Luzerne County Planning Commission reviewed the application for re-zoning and recommended approval of the re-zoning amendment to the Luzerne County Zoning Map; and

WHEREAS, having been duly advertised in accordance with all requirements of the Luzerne County

Zoning Ordinance, the Luzerne County Council held a Public Hearing on the aforesaid re-zoning applications and amendment to the Luzerne County Zoning Map on _________, 2019; and

WHEREAS, Luzerne County Council believes it is in the best interest to approve the re-zoning applications of W. Fuches, J. Fuches, and C. Wojtas.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE LUZERNE COUNTY COUNCIL:

The following properties in the Borough of Luzerne, as more fully identified below, shall be re-zoned to the Two Family Residence District (R-2) Zone and the Luzerne County Zoning Map shall be amended to reflect the re-zoning:

Parcel Identification Numbers Location Owner’s Name 52-G9S1-009-002-000 477 Grove Street John Fuches 52-G9S1-009-003-000 479-481 Grove Street William Fuches 52-G9S1-009-005-000 485 Grove Street Charlotte Wojtas

This Ordinance shall become effective fifteen (15) days after adoption.

ADOPTED at a meeting of the Luzerne County council held on _____________, 2019.

LUZERNE COUNTY COUNCIL

By:__________________________ Tim McGinley, Chair

Attest:_____________________________ Sharon Lawrence, Clerk of Council By:__________________________ Eugene Kelleher, Vice-Chair

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RESOLUTION R-2019- ______

LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Committing a Local Match for State Operating

Assistance for the Luzerne County Transportation Authority.

WHEREAS, the Luzerne County Transportation Authority (“LCTA”) has been advised

by the Pennsylvania Department of Transportation it is eligible to receive State Operating

Assistance funds in the amount of $6,014,481.00 for FY 2019-20; and

WHEREAS, Section 1513 of Title 74 of the Pennsylvania Consolidated Statutes requires

a local match in order for the Luzerne County Transportation Authority to receive State

Operating Assistance Funds; and

WHEREAS, the local match needed for Luzerne County is $650,409.00; and

WHEREAS, the Luzerne County Transportation Authority requests to receive this local

match in order to receive the State Operating Assistance funds; and

WHEREAS, Luzerne County Council desires to allocate the aforementioned local match

funds to LCTA.

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council agrees to

provide local match funds to the Luzerne County Transportation Authority in accordance with

the following payment schedule:

Payment Date Amount

November 1, 2019 $325,204.50

May 1, 2020 $325,204.50

This Resolution shall become effective 6 days after adoption.

ADOPTED at a meeting of Luzerne County Council held on ________ ___, 2019.

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LUZERNE COUNTY COUNCIL

Roll Call:

Ayes:

Nayes:

By:___________________________

Tim McGinley, Chair

ATTEST:____________________________

Sharon Lawrence, Clerk of Council

By:__________________________

C. David Pedri, County Manager

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1

Lawrence, Sharon

Subject: FW: [EXTERNAL]: LCTA Matching fundsAttachments: CountyCouncil2019.pdf; 2019opgrantletter.pdf; matchrequest2019.pdf

From: Norm Gavlick [mailto:[email protected]]  Sent: Wednesday, March 27, 2019 3:47 PM To: Luzerne County Council Members <[email protected]> Subject: [EXTERNAL]: LCTA Matching funds 

WARNING: This message is from an external email address. Do not click any links or open any attachments unless you recognize the sender AND you know that the contents of the email are safe to open.

Chair McGinley, Please see attached matching funds request. Norm Gavlick Executive Director Luzerne County Transportation Authority 315 Northamptom Sreet. Kingston, PA 18704 570-288-9356 ext. 218

“Gentlemen, we are going to relentlessly chase perfection, knowing full well we will not catch it, because nothing is perfect. But we are going to relentlessly chase it, because in the process we will catch excellence. I am not remotely interested in just being good.” ―Vince Lombardi

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