luzerne county council voting session may 28, 2019 … · 5/28/2019 · luzerne county court house...

LUZERNE COUNTY COUNCIL

VOTING SESSION

May 28, 2019

Council Meeting Room

Luzerne County Courthouse

200 N. River Street

Wilkes-Barre, PA 18701

6:01PM CALL TO ORDER PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ROLL CALL RECOGNITIONS & CEREMONIAL PROCLAMATIONS RETIREMENTS: David J. Chorey, Deputy Sheriff I, Sheriff 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 May 14, 2019 meeting ............................................... pages 1-4

AGENDA ITEMS – COUNTY MANAGER 1. Motion to adopt resolution to renew the lease with Luzerne

County Community College for space located within the Broad Street Business Center, 100 West Broad Street, Hazleton, PA…………..……………..pages 5-23

2. Introduction of ordinance adopting the 2020 Long-Range Operational, Fiscal and Capital Plan for Luzerne County.…………………………………..………………..pages 24-31 (Must be approved by September 1, 2019)

AGENDA ITEMS – COUNTY COUNCIL

3. Motion to adopt resolution in support of Restore Pennsylvania, a $4.5 Billion Infrastructure Improvement Plan..………………………………….…….…..pages 32-42

4. Motion to adopt resolution to abate a portion of delinquent Luzerne County taxes for the property located at 61-69 Woodbury Street, Hanover Township………………………………………………………………...……..…….pages 43-54

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 Voting Session May 14, 2019 Page 1 of 4

Luzerne County Council May 14, 2019

Luzerne County Court House

Council Meeting Room

200 N. River Street

Wilkes-Barre, Pa. 18711

Minutes

May 14, 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, May 14, 2019, at 6:01 PM. The meeting was

called to order by Chair Tim McGinley.

Pledge of Allegiance and Moment of Silence

Roll Call

Present

Patrick M. Bilbow

Harry Haas

Eugene Kelleher

Tim McGinley

Chris Perry

Sheila Saidman, Esq.

Robert Schnee

Stephen A. Urban (arrived at 6:05)

Matthew Vough

Jane Walsh Waitkus

Also Present

C. David Pedri, Esq., County Manager

Shannon Crake Lapsansky, Assistant County Solicitor

Sharon Lawrence, Clerk of Council

Absent

Linda McClosky Houck

Luzerne County Council Voting Session May 28, 2019 AGENDA Page 1 of 54


Recognitions/Ceremonial Proclamations None

Additions to/Deletions from Voting Session Agenda

Mr. Kelleher stated there was an Executive Session before the meeting and the County

Solicitors recommended Work Session Item 5, resolution approving the settlement of

litigation in the Matter of Edward Hernandez v. Luzerne County, et al., be moved to the

Voting Session agenda. He would like to do so.

Motion by: Mr. Kelleher

Second: Ms. Waitkus

Vote:

Nine (9) Ayes – Unanimous

Mr. Stephen A. Urban had not arrived yet.

Motion Passed (9-0)

Adoption of Voting Session Agenda

Motion to Adopt: Ms. Waitkus

Second: Mr. Perry

Vote:

Nine (9) Ayes – Unanimous

Mr. Stephen A. Urban had not arrived yet.

The Voting Session Agenda is adopted (9-0)

Public Comment on Voting Session Agenda Items

Mr. Stephen A. Urban arrived at 6:05 during Public Comment

Angel Jirau (Wilkes-Barre) spoke about Linda Kohut and urged Council to support the name

change from Pittston City Active Adult Center to the Linda Kohut Active Adult Center in her

honor.

Old Business

None

New Business

Motion to adopt minutes of the April 23, 2019 Voting Meeting

Motion by: Ms. Waitkus

Second: Mr. Schnee

Vote:

Eight (8) 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 (8-1) with (1) Abstention

The April 23, 2019 Voting Meeting Minutes are Adopted



1. Motion to adopt resolution authorizing the County Manager to execute a Lease

Agreement between Luzerne/Wyoming Counties Area Agency on Aging and UDU LLC for

premises located at 145 East Green Street, Nanticoke, Pennsylvania

Motion by: Mr. Kelleher

Second: Mr. Stephen A. Urban

Roll Call Vote:

Ten (10) Yes – Unanimous

Motion Passed (10-0)

Resolution is Adopted

2. Motion to adopt resolution approving the sales of certain parcels of property held in

Repository by Northeast Revenue Services, LLC acting as the Luzerne County Tax Claim

Bureau Motion by: Ms. Saidman

Second: Ms. Waitkus

Roll Call Vote:




3. Motion to adopt resolution renaming the Pittston City Active Adult Center the Linda

Kohut Active Adult Center

Motion by: Mr. Schnee

Second: Mr. Bilbow

Roll Call Vote:




ADDITION:

4. Motion to adopt resolution approving the settlement of litigation in the matter of

Edward Hernandez v. Luzerne County, et al

Ms. Crake confirmed there was an Executive Session regarding the litigation and provided

information regarding the source of settlement funds.

Motion by: Ms. Saidman

Second: Ms. Waitkus

Roll Call Vote:

Nine (9) Yes by: Mr. Bilbow, Mr. Haas, Mr. Kelleher, Mr. McGinley, Mr. Perry,

Ms. Saidman, Mr. Schnee, Mr. Vough and Ms. Waitkus

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

Motion Passed (9-0) with (1) Abstention




Public Comment

Stephen J. Urban (Wilkes-Barre) provided Council with a handout and spoke about mental

illness and mental illness health care in the County.

Brian Shiner (Kingston) asked for the litigation settlement amount and Ms. Crake responded it

was $250,000.00.

Motion to Adjourn: Mr. Kelleher

Second: Ms. Waitkus

Vote:

Ten (10) Ayes - Unanimous

Meeting Adjourned at 6:26 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]


AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE Resolution Renewing the Lease with Luzerne County Community College for space within the Broad Street Business Center, 100 West Broad Street, Hazleton, PA

COUNCIL MEETING

DATE May 14 and 28, 2019

AGENDA

NUMBER

Dept:

Contact:

Phone:

Luzerne County Office of Law Romilda P. Crocamo, Chief Solicitor 570-825-1598

SUMMARY:

Luzerne County Manager C. David Pedri and the Office of Law recommend County Council renew and expand the lease with Luzerne County Community College (“LCCC”) for space within the Broad Street Business Center, 100 West Broad Street, Hazleton, PA subject to the terms and conditions contained in the lease.

FINANCING:

None required.

DISCUSSION:

LCCC has been a long term Tenant of the building. The lease term has expired and LCCC desires to renew the lease for existing space, as well as, a request to lease additional space on the first floor of the building. The lease agreement attached hereto and incorporated herein by reference sets forth all of the terms and conditions of the parties. This lease is a five (5) year term which will result in $140,136.36 in rental income to Luzerne County in year one with subsequent annual increases in rent thereafter.

ALTERNATIVES:

County Council may choose to not to renew the lease which would result in a vacancy and loss of rental income to Luzerne County.


RESOLUTION R-2019-_____


A Resolution of the Luzerne County Council to Renew the Lease with

Luzerne County Community College for Space Located Within the

Broad Street Business Center, 100 West Broad Street, Hazleton, PA

WHEREAS, the Home Rule Charter at Section 2.09.B.6.requires Luzerne County

Council to approve by resolution adopted by affirmative vote of at least a majority of its

current members, agreements to acquire, lease, sell, convey, vacate, or abandon land,

buildings or other real property; and

WHEREAS, Luzerne County leases real property located on 100 West Broad Street,

Hazleton, PA to Luzerne County Community College; and

WHEREAS, Luzerne County Community College notified Luzerne County of its desire

to renew its lease with Luzerne County for space within the aforesaid property, as well as,

rent additional space therein; and

WHEREAS, the lease would be renewed and expanded subject to the terms of the lease

agreement which is incorporated herein by reference; and

WHEREAS, Luzerne County Council desires to also renew and expand the lease

agreement with Luzerne County Community College.

NOW, THEREFORE, BE IT RESOLVED, the lease for real property located within the

Broad Street Business Center at 100 West Broad Street, City of Hazleton to Luzerne County

Community College shall be renewed and expanded subject to the terms of the Lease

Agreement.

BE IT FURTHER RESOLVED, that Luzerne County Manager C. David Pedri shall have

the authority to execute the lease agreement on behalf of Luzerne County.

This Resolution shall become effective six (6) days from adoption.

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



ROLL CALL VOTE:

AYES-

NAYS-

By:___________________________

Tim McGinley, Chair

ATTEST:_____________________________


By:___________________________

C. David Pedri, Manager


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LEASE AGREEMENT

This Lease Agreement (“AGREEMENT”) is entered into this ____ day of ______, 2019, by and

between the County of Luzerne, with an address of 200 N. River Street, Wilkes-Barre, PA 18701

(“LESSOR”) and Luzerne County Community College, with an address of 1333 S. Prospect Street,

Nanticoke, PA 18643 (“LESSEE).

RECITALS

WHEREAS, LESSOR is the owner of a building, known as the Broad Street Business Exchange

Building, 100 West Broad Street, Hazleton, Pennsylvania (“Premises”);

WHEREAS, LESSOR desires to lease a portion of the Premises to the Lessee (“Leased

Premises”) to LESSEE upon the terms and conditions hereinafter contained; and

WHEREAS, LESSEE desires to rent the Leased Premises upon the terms and conditions

hereinafter contained.

NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do agree as

follows:

Article 1. Leased Premises

The LESSOR does lease, demise, and let unto LESSEE the interior of space in the Broad Street

Business Exchange Building in the City of Hazleton, County of Luzerne, Commonwealth of

Pennsylvania, described as follows: space located on the first, second, and fourth floors as outlined in

yellow on the attached Exhibits “A-1”, “A-2”, and “A-3” to be used and occupied as computer rooms,

classrooms, and offices, and for no other purpose.

LESSOR does also lease, demise, and let unto LESSEE the interior of space in the Broad Street

Business Exchange Building in the City of Hazleton, County of Luzerne, Commonwealth of

Pennsylvania, described as follows: suite 109 located on the first floor as outlined in yellow on the

attached Exhibit “A-4” to be used and occupied as a classroom or computer room, and for no other

purpose.

Article 2. Term

The Initial Term of this Agreement shall be five (5) years, commencing on August 1, 2018 (the

“Commencement Date”) and terminating on June 30, 2023, unless terminated earlier pursuant to this

Agreement (the “Term”).

Article 3. Rent

The lease amount for the first eleven months of this Agreement shall be One Hundred Twenty

Five Thousand and Eight Hundred and Ten Dollars and Thirty Five Cents ($125,810.35) payable in equal

monthly installments of Eleven Thousand Two Hundred Fifteen and Eighty-five Cents ($11,215.85) for

the period of August 2018 through November 2018 and Eleven Thousand Five Hundred Sixty Three and

Eighty-five Cents ($11,563.85) for the period of December 2018 through June 2019, due in advance on

the first (1st) day of each and every month beginning August 1, 2018.


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The Lease Amount for each subsequent year shall increase by 0.5%, adjusted annually for the

July payment. An illustration of the agreed upon Lease Amounts that were paid by Tenant during the

negotiating of this Lease term, as well as, the Lease Amounts for the first five year term is as follows:

Lease Period Annual Lease Amt. Monthly Lease Amt.

Aug 1, 2018 - Nov 30, 2018 $11,215.85

Dec 1, 2018- June 30, 2019 $11,563.85

July 1, 2019 – June 30, 2020 $140,136.36 $11,678.03

July 1, 2020 – June 30, 2021 $140,837.04 $11,736.42

July 1, 2021 – June 30, 2022 $141,541.23 $11,795.10

July 1, 2022 – June 30, 2023 $142,248.94 $11,854.08

Article 4. Place/Manner of Payment

Sobeck Property Management, LLC.

15 South Franklin Street, Suite 210


Payment by check made payable to: Sobeck Property Management, LLC

Article 5. Late Fees

Rent received by the LESSOR after the fifth (5th) of the month in which it is due will be subject to

a late fee. The late fee will be calculated at two percent (2%) of the balance of the rent past due.

Article 6. Taxes

LESSOR shall be responsible for all real estate taxes associated with the Premises.

Article 7. Insurance

LESSEE shall carry general public liability insurance, naming the LESSOR as an additional

insured in the amount of at least Two Million and 00/100 Dollars ($2,000,000) for personal injuries, and

not less than Three Hundred Thousand and 00/100 Dollars ($300,000) for damage to property. LESSEE

shall, prior to delivery of possession, deliver to LESSOR a certificate of the insurance company (or

acceptable substitute) issuing such insurance evidencing such coverage, which shall contain a statement to

the effect that such coverage may not be canceled without at least thirty (30) days prior written notice to

the LESSOR. Such insurance shall in addition cover any loss or damage occurring as a result of any

alterations or improvements or additions made by LESSEE. If LESSEE shall fail to insure as herein

required or shall fail promptly to furnish to LESSOR satisfactory evidence or such insurance or of the

renewal thereof before its expiration, the LESSOR may from time to time obtain insurance for its benefit,

the cost of which shall be recoverable from the opposite party on demand.

LESSOR will carry liability and property damage, fire (extended coverage) and vandalism

insurance for exterior and common areas of the Premises, in addition to insurance on glass door and

window damage. LESSEE agrees to pay LESSOR as additional rent all increases in fire insurance

premiums upon the Leased Premises and/or Premises of which the Leased Premises is a part, due to an

increase in the rate of fire insurance in excess of the rate on the Leased Premises at the time of making

this Agreement, if said increase is caused by any act or neglect of the LESSEE or the nature of the

LESSEE’s business.


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LESSEE agrees to maintain its own fire, casualty and extended coverage insurance on all

contents within or on the Leased Premises including, but not limited to, trade fixtures and equipment.

LESSEE shall, prior to delivery of possession, deliver to LESSOR a certificate of the insurance company

(or acceptable substitute) issuing such insurance evidencing such coverage.

Article 8. Utilities

LESSOR agrees to pay any and all of the expenses of utilities (“Utilities”) for the Premises,

which Utilities are currently serving the Premises during the Term of this Agreements, including, without

limitation, expenses for electricity, gas, water, and sewer service. LESSOR shall be solely responsible for

the operation, maintenance, repair, and replacement of all equipment associated above that provide

services to the Premises in whole or in part, including all costs.

LESSEE agrees to pay for all telephone and internet services which LESSEE may need for its

business activities.

Article 9. Services/Operating Expenses

LESSEE shall maintain and keep in their current condition, subject to normal wear and tear, all

non-structural components of the interior of the Leased Premises, including interior wall finishes and

carpet or other flooring. Notwithstanding any other provision in this Agreement, LESSEE shall not be

responsible for any damage, destruction or loss of the Premises from any sudden, unexpected and unusual

event such as flood, hurricane, tornado, fire, earthquake or volcanic eruption (“Casualty Loss”)

irrespective of whether or not LESSOR actually carries any insurance, recovers under any insurance, or

self-insures the loss or damage.

LESSOR shall bear the expense of all other repairs, maintenance, alterations, or improvements to the

Premises (including but not limited to windows, exterior walls, roof, heating, ventilating, air conditioning,

electrical, plumbing and other systems at the Premises). LESSOR will provide the LESSEE with a

designated person to contact for any maintenance repairs or issues at the Premises. LESSOR hereby

agrees to pay any and all charges made by any public or private entity for the following services:

Hazardous Waste Disposal

Complete Premises Maintenance

Fire Alarm Service

Smoke Alarm Service

HVAC Service

All Permits, Inspections, Certifications and Application Fees Necessary for the Legal and/or Safe

Operation of the Premises

Premises Security

Municipal Solid Waste Removal

Article 10. Alterations and Surrender of Premises

LESSEE covenants and agrees that it will not make any structural changes(s) without the

LESSOR’s written consent, which shall not be unreasonably withheld, and without first providing

LESSOR with at least ten (10) days written notice of the proposed change(s) outlining the change(s) in

detail. The LESSEE further covenants that it will not in any manner deface or injure the Leased Premises

or any part thereof, and will return the Leased Premises promptly to the LESSOR upon termination of this


4

Agreement. LESSOR, if changes have been approved, shall accept the Leased Premises, with the

approved changes, loss by fire or other hazard and by ordinary wear and tear accepted.

All contractors working at the Broad Street Business Exchange Building must comply with the

Rules and Regulations promulgated in the attached Exhibit “B”.

Article 11. Renovations

LESSEE is granted the authority to perform renovations necessary to turn suite 109 into a

functioning classroom or computer lab. All renovations must be approved by the LESSOR prior to the

work being commenced. Further, LESSEE will bear the costs of said renovations at their sole expense,

with exception to the front window film, outlets, lights, minor demo, and painting, as agreed upon in

advance.

All contractors working at the Broad Street Business Exchange Building must comply with the

Rules and Regulations promulgated in the attached Exhibit “B”.

Article 12. Fixtures and Personal Property

Any trade fixtures, equipment and other property installed in or attached to the Leased Premises

by or at the expense of the LESSEE shall remain upon the Premises and become the property of the

LESSOR at the expiration or sooner termination of this Agreement, unless LESSOR shall, prior to the

termination of this Agreement, have given written notice to LESSEE to remove the same provided,

however, that in the event of such removal, LESSEE shall restore the Premises to substantially the same

condition in which the Premises were at the time LESSEE took possession, loss by fire or other hazard

and by ordinary wear and tear excepted.

Article 13. Assignment and Subletting

LESSOR agrees that LESSEE has the right to assign its obligations under this Agreement and/or

sublet the Premises, or any part thereof, provided, however, that any such assignment or sublet must be

approved by the LESSOR, which approval shall not be unreasonably withheld, conditioned, or delayed.

Article 14. Option to Renew

LESSEE shall have the option to extend the term for up to two (2) additional five (5) year periods

upon six (6) months advance written notice to LESSOR.

Rent for the additional renewal periods shall be renegotiated prior to commencement of each

renewal period.

Article 15. Termination

LESSOR shall have the right to terminate this Agreement at any time, for any reason, upon six

(6) months written notice to the LESSEE. LESSEE shall have the right to terminate this Agreement at any

time, for any reason, upon six (6) months written notice to the LESSOR.

Article 16. Lessor’s Covenants

LESSOR hereby agrees and shall during the term (or any extended term) of this Agreement do

and perform the following:


5

(a) Furnish sufficient light to the exterior of the Premises;

(b) Provide LESSEE with a sufficient number of keys to the outer doors of the Premises;

(c) Place LESSEE in quiet possession of the Leased Premises and shall secure LESSEE in the

quiet enjoyment thereof against all persons lawfully claiming the same during the entire

Agreement term and any extension thereof;

(d) Be liable and responsible for any and all service and operating costs, maintenance and repairs

as set forth in Article 9 of this Agreement;

(e) Be liable and responsible for any and all utility costs as set forth in Article 8 of this

Agreement;

(f) Keep the exterior doors of the Premises open during hours of operation, which are as follows:

Monday through Friday – 7 A.M. until 10 P.M.

Saturday - 7 A.M. until 6 P.M.

Sunday and Holidays – Closed

Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day,

Thanksgiving Day, and Christmas Day.

It is understood and agreed that the LESSOR does not warrant or undertake that the LESSEE

shall be able to obtain a permit under any Zoning Ordinance or Regulation for such use as LESSEE

intends to use said Premises, and nothing contained in this Agreement shall obligate the LESSOR to assist

LESSEE in obtaining said permit; the LESSEE further agrees that in the event a permit cannot by

obtained by LESSEE under any Zoning Ordinance or Regulation, this Agreement shall not terminate

without LESSOR’s consent, and the LESSEE shall use the Premises only in a manner permitted under

such Zoning Ordinance or Regulation.

Article 17. LESSEE’s Covenants

LESSEE hereby agrees and shall during the term (or any extended term) of this Agreement do


(a) Pay the rent and all other charges herein reserved at the time and place as herein required,

without fail.

(b) Keep the interior of the Leased Premises clean and free from all ashes, dirt, and other

matter; replace all broken windows, doors, etc., caused by the LESSEE’s negligence;

repair all damage to the interior of the Leased Premises and keep the same in good order

and repair as they are at the beginning of the term, reasonable wear and tear and damage

by accidental fire or other casualty not occurring through the negligence of LESSEE, or

LESSEE’s agents or employees, excepted. The LESSEE agrees to surrender the Leased

Premises in the same condition in which the LESSEE has herein agreed to keep the same

during the continuance of this Agreement.

(c) Comply with any requirements of the constituted public authorities and with the terms of

any State or Federal statute or local ordinance or regulation applicable to LESSEE or his

use of the Leased Premises, and hold LESSOR harmless from penalties, fines, costs, or

damages resulting from failure to do so.

(d) Use reasonable precaution against fire.

(e) Give LESSOR prompt written notice of any accident, fire, or damage occurring on the

Leased Premises.

(f) Comply with the rules and regulations of LESSOR as herein provided.

(g) Peaceable deliver and surrender possession of the Leased Premises to the LESSOR at the

termination of this Agreement, promptly delivering to LESSOR all keys for the Leased

Premises.


6

LESSEE hereby agrees and shall not during the term (or any extended term) of this Agreement do


(a) Place any stand, booth, sign, or show case upon the doorsteps, vestibules, outside walls,

or pavements of Leased Premises, or paint or place any sign, projection, or device on or

in any part of the Leased Premises, in violation of the signage specifications defined in

the attached Exhibit “C”.

(b) Smoke, or allow any employee, agent, or customer to smoke inside the Leased

Premises/Premises. The Broad Street Business Exchange is a “smoke free” building and

no smoking is permitted in the building. LESSEE, their employees, and invitees may

smoke outside the rear entrance of the Premises.

(c) Use or operate any machinery that, in the LESSOR’s opinion, is harmful to the Premises

or disturbing to other tenants occupying the Premises.

(d) Place any weights in any portion of the Leased Premises beyond the safe carrying

capacity of the structure.

(e) Commit any waste on the Leased Premises.

Article 18. Quiet Enjoyment

So long as LESSEE shall perform and observe all of the conditions of this Agreement on

LESSEE’S part to be performed and observed, the LESSEE shall have quiet, peaceful, and uninterrupted

possession of the Leased Premises.

Article 19. Lessor’s Default

If LESSOR defaults in the performance of any term, covenant, or condition required to be

performed by it under this AGREEMENT, LESSEE may elect either one of the following:

(a) After not less than ten (10) days written notice to LESSOR, LESSEE may remedy such

default by any necessary action and may pay expenses in connection with such remedy. All

reasonable sums so expended (excluding attorney fees) or obligations incurred by LESSEE in

connection therewith shall be paid by LESSOR to LESSEE on demand; and, on failure of

such reimbursement, LESSEE may, in addition to any other right or remedy that LESSEE

may have, deduct the costs and expenses thereof from rent subsequently becoming due

hereunder; or

(b) Elect to terminate this Agreement by giving at least ten (10) days written notice to LESSOR

of such intention, thereby terminating this Agreement on the date designated in such notice,

unless LESSOR shall have cured such default prior to the expiration of the ten (10) day

period.

Article 20. Lessee’s Default

(a) The occurrence of any one or more of the following events shall constitute a “Default” by

LESSEE and shall give rise to LESSOR’S remedies set forth below:

i. Defaults in payment of rentals or other charges payable to LESSOR hereunder for a

period of ten (10) days after such become due; or


7

ii. Is in default in the observance and performance of any other term or condition herein

and such default is not cured within thirty (30) days after written notice from

LESSOR.

(b) Then, LESSOR may at its option either:

i. Enter and repossess the Leased Premises and remove all persons and property

therefrom (and for the purpose of such entry and repossession, LESSEE hereby

waives any notice required by law or otherwise to vacate the Leased Premises), and

thereupon this Agreement and everything herein contained on LESSOR’S behalf to

be performed will cease, terminate, and be void; or

ii. As an agent of LESSEE, enter and repossess the Leased Premises and remove all

persons and property therefrom and relet the Leased Premises and apply the rentals

received to the amount due from LESSEE under this Agreement and LESSEE in such

event will remain liable for the installments for rent and other charges as they

become due, less the amount of any rents so collected by the LESSOR.

Article 21. Destruction of Premises

In the event of the total destruction of the Premises, this Agreement shall terminate on the date

when destruction occurs, and the rent shall be abated, without notice or request from LESSEE, for the

unexpired portion of the Agreement.

“Total Destruction” shall mean such damage to the Premises of which the Leased Premises is a

part as cannot be repaired within thirty (30) days of the date of the destruction. The Certificate of the

LESSOR’S Architect or Engineer as to the length of time within which the LESSOR could repair, subject

to the approval of the Luzerne County Engineer, is conclusive and binding upon both the LESSOR and

the LESSEE for the purpose hereof.

In the event of the partial destruction of the Premises then if, in the opinion of the LESSOR’S

Architect, subject to the approval of the Luzerne County Engineer, the destruction is such that the Leased

Premises cannot be used for the LESSEE’S business until repairs have been made, the rent shall abate in

the proportion that the part of the Leased Premises rendered unusable bears to the whole of the Leased

Premises, at the sole discretion of Luzerne County, until the repair has been made.

“Partial Destruction” shall mean any damage to the Premises which renders all or any part of such

Premises unfit for use by its occupants for a period up to thirty (30) days, but which damage is less than

“total destruction” as defined above. The Certificate of the LESSOR’S Architect, subject to the approval

of the Luzerne County Engineer, as to the extent of the unfitness shall be conclusive and binding upon

both the LESSOR and LESSEE for the purpose hereof.

In the event of partial destruction as hereinbefore defined, or of damage less than partial

destruction, the LESSOR covenants with the LESSEE to repair and substantially restore the Leased

Premises. The LESSOR shall pay for the cost of such repairs and restoration, provided however, that the

LESSEE shall pay for such portion thereof as is attributable to its negligence or that of its agents or

employees. It is expressly understood and agreed that the obligation of the LESSOR to rebuild and

restore, or cause to be rebuilt and restored, the Leased Premises shall not extend to or be deemed to

include the rebuilding and restoration of any alterations, partitions, additions, extensions, equipment or

installations made by the LESSEE upon the Leased Premises, unless the damage thereto shall have been

caused by the LESSOR, its agents and/or employees. LESSOR covenants to LESSEE that LESSOR will


8

not move or remove any of the LESSEE’S possessions until approval is granted by the LESSEE in

writing, which shall not be unreasonably withheld.

LESSOR must give LESSEE notice of all partial or total destruction within 24 hours of the loss.

Failure to notify will be immediate cause for termination of this Agreement by LESSEE without further

obligation to LESSOR.

Article 22. Eminent Domain

If at any time during the term (or any extended or renewed term) of this Agreement, title is taken

by the right or exercise of condemnation, expropriation or otherwise to the whole or portion of the

Premises of which the Leased Premises are a part (whether or not including the Leased Premises), the

LESSOR may, at its option, give notice to the LESSEE terminating this Agreement on the date stated in

the notice. Upon such termination, the LESSEE shall immediately surrender the Leased Premises and all

its interests therein to the LESSOR (subject to the time allowed by federal or state law prescribed by the

agency enforcing the eminent domain action), or to the expropriating authority, as the law and

circumstances may require; and the rent shall abate and be apportioned to the date of the termination and

the LESSEE shall forthwith pay to the LESSOR the apportioned rent and all other amounts which may be

due to the LESSOR up to the date of termination. The LESSEE shall have no claim upon the LESSOR for

the value of the unexpired term of this Agreement, but the parties shall each be entitled to receive and

retain such compensation as may be awarded to each respectively. If the award to the LESSOR

specifically includes an award for the LESSEE, the LESSOR will pay over same to the LESSEE within

five (5) days of receipt of said funds.

Article 23. Notices

All notices provided or permitted to be given under this Agreement shall be given by certified or

registered mail, addressed to the proper party, at the following address:

LESSOR

Sobeck Property Management, LLC.

15 South Franklin Street, Suite 210


With a copy to:

Luzerne County

Attn: Luzerne County Office of Law – Leasing

200 N. River Street


LESSEE

Luzerne County Community College

Attn: President

1333 S. Prospect Street

Nanticoke, PA 18643

Article 24. Indemnification


9

LESSOR agrees to indemnify and hold LESSEE harmless from and against all claims, damages,

loss, cost and expense, including reasonable attorney fees, arising out of negligence or willful misconduct

or breach of any covenant contained in the Agreement by LESSOR, its agents or employees, in or about

the Leased Premises and/or Premises. LESSEE agrees to indemnify and hold LESSOR harmless from and

against all claims, damages, loss, cost, and expense, including reasonable attorney fees, arising out of

negligence, willful misconduct, or breach of any covenant contained in the Agreement by LESSEE, its

agents, or employees, in or about the Leased Premises and/or Premises.

Article 25. Captions

The captions throughout this Agreement are inserted as a matter of convenience, only, and in no

way confine, limit, or describe the scope of the intent of any Article of this Agreement.

Article 26. Pennsylvania Law to Apply

This Agreement shall be construed under and in accordance with the laws of the Commonwealth

of Pennsylvania and all obligations of the parties created hereunder are performable in Luzerne County,

Pennsylvania, and any suit arising hereunder shall be brought only in said County.

Article 27. Legal Construction

In case any one or more of the provisions contained in this Agreement shall for any reason be

held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall

not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal or

unenforceable provisions had never been contained herein.

Article 28. Amendment

No amendment, modification or alteration of the terms hereof shall be binding unless the same be

in writing, dated subsequent to the date hereof and be duly executed by the parties hereto.

Article 29. Audit and Eligibility

LESSOR reserves the right for the Luzerne County Controller and/or the Luzerne County

Manager and/or their respective designees to perform financial and/or performance audits on any

purchase, sale, award, contract or other transaction involving Luzerne County. Therefore, LESSEE

hereby grants to the Luzerne County Controller and/or the Luzerne County Manager and/or their

respective designees reasonable access to any property and/or equipment purchased in whole or in part

with Luzerne County funds and must grant reasonable access for review, inspection and reproduction of

any and all financial, employments and/or other records of the vendor, contractor, subcontractor or other

entity deemed relevant by the Luzerne County Controller and/or the Luzerne County Manager. LESSOR

must maintain any and all books, records and documents that relate to purchase, sale, award, contract or

other transaction for a period of no less than the later of (i) the fifth (5th) year following the Agreement

expiration date or (ii) in the event an audit has been commenced in the five (5) year period, the date that

Luzerne County expressly states in writing that such books, records and documents no longer are required

to be retained for review, inspection and/or reproduction.


10

Article 30. Waiver of Default

No waiver by the parties hereto of any default or breach of any term, condition or covenant of this

Agreement shall be deemed to be a waiver of any other breach of the same of any other term, condition or

covenant contained herein.

Article 31. Excuses

Neither LESSOR nor LESSEE shall be required to perform any term, condition or covenant in

this Agreement so long as such performant is delayed or prevented by any acts of God, strikes, lockouts,

material or labor restrictions by any governmental authority, civil riot, floods or any other cause not

reasonably within the control of the parties.

Article 32. Binding of Successors

This Agreement shall be binding on and shall inure to the benefit of Successors and Assigns of

the parties hereto.

IN WITNESS WHEREOF, LESSOR has caused this Agreement to be signed by its duly

authorized officer, and LESSEE has signed the same or caused the same to be signed by its duly

authorized officer, agent, or partner (whichever is applicable). As of the day and year first written above.

LESSEE:

Luzerne County Community College

Attest: ________________________________ By: _________________________________

Name: Thomas P. Leary

Title: President

LESSOR:

LUZERNE COUNTY, PENNSYLVANIA

Attest: ________________________________ _____________________________________

C. David Pedri, Luzerne County Manager


No. 2019-___

ORDINANCE

An Ordinance of County Council for the County of Luzerne

Adopting the 2020 Long-Range Operational, Fiscal and Capital Plan for Luzerne County

WHEREAS pursuant to section 5.17 of the Luzerne County Home Rule Charter, the County

Manager is required to submit to County Council a long-range plan for public operations and services,

fiscal policy and capital improvements covering at least the three subsequent fiscal years; and

WHEREAS, the plan proposed contains two sections: the “Long-Range Financial Plan” detailing

spending and revenue sources in the 2020 General Fund Budget, as well as, financial projections through

2023 and, secondly, the “Luzerne County Capital Project Planning” detailing the capital projects

requiring funding and ranking of projects in order of need; and

WHEREAS, County Council for Luzerne desires to adopt the 2020 Long-Range Operational,

Fiscal and Capital Plan (“Capital Plan”) as set forth in the attached Plan.

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. Approval of the 2020 Long-Range Operational, Fiscal and Capital Plan

County Council hereby approves the attached 2020 Capital Plan which is incorporated herein by

reference.

SECTION THREE. Effective Date.

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

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



AYES:

NAYS:

Attest:

____________________________

Tim McGinley, Chair

__________________________________

Sharon Lawrence, Clerk of County Council

____________________________

Eugene Kelleher, Vice-Chair


LONG RANGE FINANCIAL PLAN AND FISCAL POLICY

Submitted to County Council – May 28, 2019

A truly effective government provides our citizens both required services and desired optional services in the most cost-effective manner. Luzerne County’s commitment to providing exceptional cost-effective service starts with financial stability. Responsible spending, increasing revenue, and ending our dependence of one-time revenues have been a goal of both County Management and County Council. Despite the recent success and ability to provide a second consecutive budget with no tax increase, Luzerne County has some major spending on the horizon that will require comprehensive planning. Major Projects While the 9-1-1 Communication System and Election Machine Upgrade Projects have been discussed for a few years, the time to actually complete these upgrades has come upon us. Luzerne County can no longer delay the start of these projects due to the Commonwealth’s election mandate and end-of-life issues with our current 911 communication equipment. Any major project is not without cost. However, it is County Management’s intention to minimize the impact on its taxpayers. As mentioned on many occasions, Luzerne County will attempt to offset the costs of these project with any available grant monies. Earlier this year, County Council approved a contract with Maverick Strategies, a Harrisburg based lobbyist group tasked with assisting in obtaining state grant funding. Luzerne County is also joining others in a push to compel the Commonwealth to fully fund its election mandate, thereby offsetting the costs of the new voting machines. 2020-2022 Capital Plan In 2019, County Council made the conscious effort to preserve the Capital Project Fund by allocating $3,000,000 of Reserve Funds to Capital Projects, including 9-1-1 Equipment. While the new proceeds help tremendously, frugal expenditures are also a necessity. Luzerne County’s attached 2020-2022 Capital Plan proposes only minimal and necessary new Capital Project expenditures. Specifically, all new projects fall into one of the following categories: Security, IT upgrades, or infrastructure rehabilitation. The security camera project provides increased security for our employees and citizens while also having the benefit of potential liability savings. Second, the information technology projects are an unfortunate necessity of the times. These hardware and software upgrades will increase our cyber security, remedy end-of-support issues, as well as increase equipment usefulness and productivity. Lastly, the infrastructure rehabilitation projects are a direct result of aging physical assets. The costs to upkeep our parkade and parking lots are a direct attempt at avoiding larger costs in future years for complete overhauls and potential liability claims. Summary Luzerne County seeks to continue the progress and positive financial trends realized over the last few years. This year’s Long Range Operational, Fiscal, and Capital Plan is one component of many in securing a prosperous future for Luzerne County.


Description Cost 194 Fund

Balance Comments

194 Bond Fund Balance as of 12/31/2014 $ 13,359,620

194 Bond Fund Balance as of 12/31/2015 $ 15,550,339 The increase was due to a repayment of the bond fund from the 2011 flood event.

Proceeds were deposited in General Fund while expenses were paid out of bond.

194 Bond Fund Balance as of 12/31/2016 $ 11,546,515 The D.A. Nolt settlement of $475,000 is included in this total. It also has the associated

legal costs totaling $89,305 included.



$ 4,695,015

2016 Capital Projects - Project Balance Due $ (35,000) $ 4,660,015 Remaining balance due on uncompleted 2016 projects

2017 Capital Projects -Project Balance Due $ (1,342,495) $ 3,317,520 Remaining balance due on uncompleted 2017 projects

2018 Capital Projects - Project Balance Due $ (1,103,364) $ 2,214,156 Remaining balance due on uncompleted 2018 projects

Approved 2019 Additional Funds $ 3,000,000 $ 5,214,156 Funds added from Reserve by Ordinance No. 2019-01 and New Project created by

Ordinance No. 2019-02 (Approved at 1/22/2019 Meeting).

2019 Capital Projects - Project Balance Due $ (1,072,612) $ 4,141,544 Remaining balance due on uncompleted 2019 projects

Proposed 2020 Capital Projects $ (1,956,000) $ 2,185,544

Balance of available 194 Bond Fund $ 2,185,544

Luzerne County Capital Projects Annual Bond Summary

May 28, 2019

Capital Projects Bond Balance Summary


No.Project

CodeDescription

Estimated

Cost

Funding

CodeComments

Project

Manager

1 100.71 Countywide Emergency Building Fund $100,000 194 This project for any emergency repairs to County owned buildings. Plesh

2 100.72 Countywide Parking Lot Rehabilitation Phase II $200,000 194This project includes the drainage improvements for County owned parking lots (Penn Place, Courthouse Annex, Engineering/Warehouse, West Side Annex, Hanover Township Annex, EMA and DRO). Deterioration of the parking lots is

due to poor drainage of stormwater. Additional work is needed to improve the drainage.Plesh

3 100.73 County Parkade Tower Rehabilitation $200,000 194This project is for the rehabilitation of the County Parkade Access Tower. Work includes the following, complete recaulking of all joints, replace roof, repair roof drains, patch all spalled interior and exterior concrete, and other

miscellaneous items.Plesh

4 100.74 County Parkade Garage Rehabilitation $500,000 194 This project is for the rehabilitation of the County Parkade Garage. Work will include replacement of all expansion joints, recaulking of all joints, repair deteriorated concrete and other miscellaneous items. Plesh

5 1900.05 Security Camera Project $350,000 194 This project includes the addition of security cameras for County owned buildings. Szumski

6 800.22 Storage Area Network (SAN) Capacity Upgrade $59,000 194 Increase of SAN storage to accommodate increased demand for virtual servers, data storage and backup storage. DiMauro

7 800.23 Unified Computing System (UCS) Upgrade $154,000 194 Replace virtual server equipment that will reach end of support in 2020. $116,000 is expected in 2020 and $38,000 in 2021. DiMauro

8 800.24 Workstation Upgrades $353,000 194Replace workstations and laptops as they reach 7 years service.(Thin clients typically last 10 years, however we anticipate replacing up to 15% of these as they reach the 7 year mark.) $52,000 in 2020, $75,000 in 2021 and $227,000 in

2022.DiMauro

9 800.25 Windows 10 Upgrade $40,000 194 Windows 7 reaches end of extended support on January 14, 2020 after which Microsoft will no longer supply security patches and new/updated software will not likely support this obsolete operating system. DiMauro

Total Estimated Cost: $1,956,000

Proposed 2020 -2022 Capital Projects to be funded by 194 Bond Fund


No Project #Adopted

for YearStatus Project Description

Approved

BudgetActual Cost Funds Used Balance Due

Budgeted

Funds

Available

Comments

1 600.03 2016 Complete Broad St Business Exchange Elevator Rehabilitation $230,000 $230,000 $230,000 $0 $0

2 100.57 2016 Complete County Building Emergency Fund $60,000 $59,859 $59,859 $0 $141

3 200.01 2016 Complete Courthouse Rear Lot Reconstruction $500,000 $498,659 $498,659 $0 $1,341

4 200.02 2016 Complete Courthouse Life Safety $600,000 $597,979 $597,979 $0 $2,021

5 500.02 2016 Complete Interior Dome Plaster and Gilding Repair $170,000 $170,000 $170,000 $0 $0

6 800.01 2016 Complete Document Imaging and Retrieval System $193,000 $131,518 $131,518 $0 $61,482

7 800.05 2016 Complete GIS System Upgrade $113,000 $113,000 $113,000 $0 $0

8 800.06 2016 Complete VOIP $1,100,000 $1,100,000 $1,100,000 $0 $0

9 800.09 2016 Complete Documentation Retention/ Digitalization GIS $50,000 $45,018 $45,018 $0 $4,982

10 800.15 2016 Complete Countywide Server Virtualization $532,000 $512,921 $512,921 $0 $19,079

11 800.16 2016 Complete Countywide Server Virtualization Phase II and Internet Firewall Upgrade $700,000 $700,297 $700,297 $0 -$297

12 1900.03 2016 Complete Fire Alarm Systems - Update all panels in County facilities $175,000 $175,000 $175,000 $0 $0

13 1900.04 2016 Complete Security System Upgrades and Repairs $100,000 $98,500 $98,500 $0 $1,500

14 2300.01 2016 Complete Purchase and Renovation of Records Storage Facility $1,450,000 $1,450,000 $1,450,000 $0 $0

15 2400.01 2016 Complete LCCF Shower Renovations $690,000 $690,000 $690,000 $0 $0

16 2400.02 2016 Complete LCCF Security Camera Upgrades $325,000 $325,000 $325,000 $0 $0

17 2400.07 2016 Complete LCCF Control Replacement of two transport vans $100,000 $110,191 $110,191 $0 -$10,191

18 700.29 2016 N/A CB #24003 Solomon Creek WB/Hanover (Division Street Bridge) $1,000,000 $0 $0 $0 $1,000,000Community Development Federal Funds were awarded to Hanover

Township for the bridge installation project.

19 1900.02 2016 N/A Electrical Room Switchgear Renovation $500,000 $0 $0 $0 $500,000 This project was covered under the Energy Savings Bond (208 Fund).

20 2400.03 2016 Complete LCCF Trailer Replacement $325,000 $16,000 $16,000 $0 $309,000 The LCCF Trailer was demolished due to its deteriorated condition. .

21 2400.09 2016 In Progress LCCF Add security to Lobby Area $75,000 $75,000 $40,000 $35,000 $0LCCF to use in house staff to complete per design. Project to be

complete in 2019.

22 100.18 2017 On Hold Wilkes Barre / Wyoming Airport 10,000 Gallon Jet A AST Fuel Tank $100,000 $100,000 $0 $100,000 $0The project is on hold pending the completion of the Airport Master Plan

for additional funding.

23 100.55 2017 Complete Broad Street Business Exchange Roof Replacement $375,000 $303,660 $303,660 $0 $71,340

24 100.58 2017 Complete Sprinkler Head Replacement at DRO $35,000 $30,000 $30,000 $0 $5,000

25 100.59 2017 Complete Demolition of the Veterans Affairs Garage $50,000 $50,000 $50,000 $0 $0

26 100.61 2017 Complete County Building Emergency Fund $60,000 $60,000 $60,000 $0 $0

27 500.03 2017 Complete Courthouse Interior Restoration, Phase I $800,000 $800,000 $800,000 $0 $0

28 700.14 2017 In Progress Road Repair / Replacement Bundling Project $1,000,000 $1,000,000 $0 $1,000,000 $0 Money to be used for Foothills Drive in Butler Twp in 2019.

29 800.19 2017 In Progress Metropolitan Area Network Fiber Upgrade $140,000 $140,000 $100,475 $39,525 $0 Remaining funds to be used in 2019.

30 800.20 2017 In Progress Luzerne County Website Upgrade $150,000 $150,000 $121,347 $28,653 $0

31 800.21 2017 In Progress 911 Tower Site Improvements, Phase I $850,000 $850,000 $752,250 $97,750 $0 Under Construction

32 800.18 2017 In Progress GIS Web Integration $46,000 $46,000 $19,433 $26,568 $0

33 1200.05 2017 On Hold Wilkes Barre / Wyoming Airport Terminal Masonry Restoration $50,000 $50,000 $0 $50,000 $0The project is on hold pending the completion of the Airport Master Plan

for additional funding.

34 1600.13 2017 Complete Vehicle Fleet Upgrade $50,000 $50,000 $50,000 $0 $0

35 2300.04 2017 Complete Records Storage Facility (Shelving) $110,000 $110,000 $110,000 $0 $0

2016-2017 Project Cost Total: $12,804,000 $10,838,602 $9,461,107 $1,377,495 $1,965,398


No Project #Adopted

for YearStatus Project Description

Approved

BudgetActual Cost Funds Used Balance Due

Budgeted

Funds

Available

Comments

36 100.62 2018 In Progress Tannery Street Pole Building $84,500 $84,500 $53,776 $30,725 $0

Site Improvements for the project were completed in 2018. Remaining

funds will be used for building with EMA providing 1/3 of the cost.

Building will be erected within the next month.

37 100.63 2018 In Progress Voter Machine Building Improvements $250,000 $250,000 $30,615 $219,385 $0Project is currently under construction and will be finished by the end of

June 2019.

38 100.64 2018 Complete Penn Place Building Roof Replacement $325,000 $321,601 $321,601 $0 $3,399The project was completed by JLK Contracting. County Council

approved a budget amendment for this project in March 2018.

39 100.65 2018 In Progress Courthouse Annex Improvements $50,000 $50,000 $16,136 $33,864 $0Construction is in progress for improvements to the building. Work to be

completed by August 2019.

40 100.66 2018 Complete Courthouse West Entrance Improvements $200,000 $200,000 $200,000 $0 $0

41 500.04 2018 Complete Courthouse Interior Restoration Phase I - Priority 2 $1,284,350 $1,284,350 $1,284,350 $0 $0

42 2300.05 2018 Complete Public Access Area at Records Storage Building $500,000 $500,000 $500,000 $0 $0

43 2300.06 2018 Complete Records Storage Building Lighting and Floor Improvements $200,000 $200,000 $200,000 $0 $0

44 2400.10 2018 Complete LCCF Elevator No. 2 Repair $70,000 $63,875 $63,875 $0 $6,125

45 2400.11 2018 In Progress LCCF Security Improvements $600,000 $600,000 $0 $600,000 $0

This project will be completed in 2019 once the Control Panel

Replacement Project is completed. LCCF staffing issues have delayed

the project

46 2400.12 2018 In Progress LCCF Control Panel Replacement $100,000 $100,000 $0 $100,000 $0

This project goes in conjunction with Project 2400.11. Project will be

completed in 2019 and it is currently under construction. LCCF staffing

issues have delayed the project.

47 100.67 2018 In Progress Countywide Elevator Modernization $125,000 $125,000 $36,225 $88,775 $0County Council approved a budget amendment for this project in March

2018. Currently under construction and to be completed by end of 2019.

2018 Project Cost Total: $3,788,850 $3,779,326 $2,706,577 $1,072,749 $9,524

48 500.05 2019 In Progress Courthouse Interior Restoration Phase II $650,000 $650,000 $53,131 $596,869 $0 Project is currently taking place. This project will be completed in 2019.

49 100.68 2019 In Progress Countywide Parking Lot Rehabilitation $200,000 $200,000 $0 $200,000 $0Project will be ready to bid in the two weeks. This project will be

completed in 2019.

50 100.69 2019 In Progress Human Services Parking Lot Restoration $150,000 $150,000 $0 $150,000 $0Project will be ready to bid in the two weeks. This project will be

completed in 2019.

51 100.70 2019 In Progress Countywide Emergency Building Fund $150,000 $150,000 $24,257 $125,743 $0

Funds will and have been used for emergency repairs to County owned

buildings such as the Parkade Tower Emergency Repairs, LCCF

Sidewalks and Records Building Storm Drains.

2019 Project Cost Total: $1,150,000 $1,150,000 $77,388 $1,072,612 $0

- Completed

- Pending/On Hold

- In Progress


No.Project

CodeDescription

Project

Cost

Funds

Used

Funds

Remaining

Funding

CodeStatus Comments

Project

Manager

1 700.41 CB# 45803 Ridge Road, Hollenback Township $150,000 $150,000 201 This is a culvert replacement for a 5' span concrete slap bridge over Branch of Wapwallopen Creek. Plesh

2 700.42 CB# 24006 West Liberty Street, Hanover Borough $1,500,000 $1,500,000 207 Bridge replacement project for a 52' span steel stringer bridge over Solomon's Creek. Plesh

3 700.43 CB# 54715 Sleepy Hollow Road, Butler Township $1,500,000 $1,500,000 205 Bridge replacement project for a 53' span steel girder bridge over Nescopeck Creek. Plesh

4 700.44 CB# 54703 Deephole Road, Butler Township $1,200,000 $1,200,000 210 Bridge replacement project for a 42' span steel girder bridge over Nescopeck Creek. Plesh

5 700.45 CB# 45810 Kingsberry Road, Hollenback Township $1,200,000 $1,200,000 210 Bridge replacement project for a 42' span steel truss bridge over Wapwallopen Creek. Plesh

6 700.46 CB# 46016 Hubbards Flats Road, Huntington Township $2,000,000 $2,000,000 210 Bridge replacement project for a 71' span steel truss bridge over Huntington Creek. Plesh

7 700.47 CB# 16006 Ftorkowski Road, Huntington Township $2,000,000 $2,000,000 205 Bridge replacement project for a 75' span steel truss bridge over Huntington Creek. Plesh

8 700.55 CB# 00002 Broadway St., W. Nanticoke/Nanticoke $5,000,000 $5,000,000 210 Project is a rehabilitation for a 2072' span steel truss/concrete box beam structure over the Susquehanna River. Plesh

9 700.56 CB# 00004 Water St., Pittston/W. Pittston $4,000,000 $4,000,000 210 Project is a rehabilitation for a 1500' span steel truss structure over the Susquehanna River. Plesh

10 700.59 CR# 16 Hillside Road, Kingston/Jackson Townships $1,100,000 $1,100,000 210 This is a Full Depth Reclamation project. Plesh

11 700.60 CR# 11 Ransom Road, Franklin Township $1,100,000 $1,100,000 200 This is a Full Depth Reclamation project. Plesh

12 700.61 CR# 14 Orange Road, Franklin Township $900,000 $900,000 200 This is a Full Depth Reclamation project. Plesh

13 700.62 CR# 1 Main Road, Hunlock/Ross Townships $2,700,000 $2,700,000 200 This is a Full Depth Reclamation project. Plesh

14 700.63 CR# 39 N. & S. Beisels Road, Butler Township $700,000 $700,000 200 This is a Full Depth Reclamation project. Plesh

15 700.64 CR# 18 Hunstville Extension, Jackson/Lehman Townships $400,000 $400,000 200 This is a Full Depth Reclamation project. Plesh

16 700.65 CB# 45802 Bridge Road, Hollenback Township $500,000 $500,000 205 Superstructure replacement project for a 82' span steel truss bridge over Wapwallopen Creek. Plesh

17 700.66 CB# 57312 Walp Road, Sugarloaf Township $500,000 $500,000 205 Superstructure replacement project for a 60' span steel truss bridge over Nescopeck Creek. Plesh

18 700.67 CB# 54706 Mill Mountain Road, Butler Township $1,500,000 $1,500,000 205 Bridge replacement project for a 59' span steel truss bridge over Nescopeck Creek. Plesh

19 700.68 CB# 47108 Market Street, Salem Township $1,300,000 $1,300,000 210 Bridge replacement project for a 25' span concrete slab bridge over Beack Haven Creek. Plesh

20 700.69 CB# 54506 Park Street, Black Creek Township $1,200,000 $1,200,000 210 Bridge replacement project for a 23' span concrete slab bridge over Falls Run. Plesh

21 700.70 CB# 26305 Harris Hill Road, Franklin Township $800,000 $800,000 205 Bridge reconstruction of a deteriorating stone arch bridge over Toby's Creek. Plesh

22 700.71 CB# 46018 Everetts Road, Huntington Township $1,200,000 $1,200,000 210 Bridge replacement project for a 68' span steel truss bridge over Branch of Huntington Creek. Plesh

23 700.72 CR# 16 Hillside, Kingston/Jackson Townships $2,000,000 $2,000,000 MPO Mill and overlay with base repair. Plesh

Column Totals $34,450,000 $0 $34,450,000

200 Fund - Liquid Fuels

201 Fund - Act 44

205 Fund - Act 13

207 Fund - Act 89

210 Fund - $5 Regestration Fee

PennDOT MPO

Non 194 Bond Capital Projects 2020


RESOLUTION R-2019-_____


A Resolution of the Luzerne County Council in Support of Restore Pennsylvania, A $4.5 billion

Infrastructure Improvement Plan

WHEREAS, Pennsylvania must position its communities for success and position itself as a

leader in the 21st century by investing in critical infrastructure needs that for too long have been

neglected; and

WHEREAS, to help build a better future for all Pennsylvanians, Restore Pennsylvania will invest

$4.5 billion over the next four-years in significant, high-impact projects throughout the

commonwealth to help catapult Pennsylvania ahead of every state in the country in terms of

technology, development, and infrastructure; and

WHEREAS, Restore Pennsylvania will provide funding to bridge the digital divide, supporting

the installation of infrastructure to bring high-speed internet to communities across the

commonwealth and making Pennsylvania a better place to work, do business, and live; and

WHEREAS, Restore Pennsylvania will provide funding to assist individuals who suffer severe

weather-related losses and funding to help communities prepare for flooding and severe weather,

upgrade flood walls and levees, replace high-hazard dams, and conduct stream restoration and

maintenance; and

WHEREAS, Restore Pennsylvania will address blight by providing financial resources to local

communities to establish land banks and acquire and demolish blighted buildings in order to create

new development opportunities or provide new green space; and

WHEREAS, Restore Pennsylvania will fund expanded efforts to remove lead and other

contaminants from communities; and

WHEREAS, Restore Pennsylvania will enable new environmental projects and new recreational

opportunities across the commonwealth, including infrastructure and maintenance in state parks, local

water quality improvements on farms, and funding for new hiking, biking and trail projects; and

WHEREAS, Restore Pennsylvania will help to build manufacturing facilities and other

downstream businesses while helping businesses and individuals use more of Pennsylvania’s natural

gas in their homes, creating jobs, lowering costs, and improving energy efficiency; and

WHEREAS, Restore Pennsylvania will provide funding for local road and bridge upgrades,

create new flexible funding options for businesses that need local infrastructure upgrades to enable

development projects, and multimodal and large-scale capital projects for transit; and

WHEREAS, Restore Pennsylvania projects will be driven by local input about local needs, and

projects will be evaluated through a competitive process to ensure that high-priority, high-impact

projects are funded and needs across Pennsylvania are met.

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

the Pennsylvania General Assembly to support Restore Pennsylvania.

This Resolution shall become effective six days after adoption.


ROLL CALL VOTE:

AYES-

NAYS-

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


By:___________________________

Tim McGinley, Chair

ATTEST:____________________________


_______________________________

C. David Pedri, Esq. County Manager


No. 2019-____

RESOLUTION

A Resolution of Luzerne County Council to Abate a Portion

Of Delinquent Luzerne County Taxes for the Property Located at

61-69 Woodbury Street, Hanover Township

WHEREAS, 72 P.S. §5551 provides political subdivisions with the ability to

accept a compromise of delinquent property taxes, penalties and interest; and

WHEREAS, under section 2.09.B.2. of the Luzerne County Home Rule Charter,

Luzerne County Council has the authority to levy, establish, alter, and/or abolish taxes

and assessments except as may be limited by the Home Rule Charter or applicable law;

and

WHEREAS, a Hanover Township property consisting of three parcels formerly

occupied by Penn Refrigeration Corp. as a manufacturing and warehouse operation

(hereinafter collectively the “Property”) has been vacant since prior to 2013; and

WHEREAS, Teos, LLC would like to purchase the property located at 61-69

Woodbury Street, Hanover Township; and

WHEREAS, it is the intent of Teos, LLC to rehabilitate the Property in order to

operate the property as a warehouse facility again; and

WHEREAS, the aforementioned Property has several years of delinquent property

taxes which negatively impacts the marketability of the property; and

WHEREAS, the Hanover Area School District and Hanover Township have

agreed to abate their delinquent taxes related to the property by 50% in order for the sale

of the Property to occur; and

WHEREAS, the outstanding Luzerne County taxes, penalties and interest on the

three parcels comprising 61-69 Woodbury Street, Hanover Township (as of May 7, 2019)

are as follows:

Parcel 1 (PIN 25-I9NW3-013-001-000)

2013: $13,728.02

2014: $13,981.73

2015: $13,137.19

2016: $ 1,881.68


2017: $ 1,822.50

2018: $ 1,688.06

Total: $46,239.18

Parcel 2 (PIN 25-I9NW3-013-009-000)

2013: $151.30

2014: $154.09

2015: $144.79

2016: $ 75.28

2017: $ 72.90

2018: $ 67.52

Total: $665.88

Parcel 3 (PIN 25-I9004-16A-000)

2013: $1,194.44

2014: $1,216.52

2015: $1,143.04

2016: $ 75.28

2017: $ 72.90

2018: $ 67.52

Total: $3,769.70

Total Delinquent Taxes for all Parcels: $50,674.76

WHEREAS, in compliance with 72 P.S. §5551, Luzerne County desires to abate

50% of the delinquent County taxes, interest and penalties of $50,674.76 on 61-69

Woodbury Street, Hanover Township for a total abatement of $25,337.38, as well as,

50% of the interest that accrues through the effective date of this Resolution.

NOW, THEREFORE BE IT RESOLVED BY THE LUZERNE COUNTY

COUNCIL, 50% of the delinquent County taxes, interest and penalties of $50,674.76 on

61-69 Woodbury Street, Hanover Township shall be abated, pursuant to 72 P.S. §5551,

for a total abatement of $25,337.38, as well as, 50% of the interest that accrues through

the effective date of this Resolution.

BE IT FURTHER RESOLVED, that payment of $25,337.38, as well as, 50% of

the interest that accrues through the effective date of this Resolution shall be paid to

Luzerne County at the time of closing. Should the sale of the aforesaid Property not be

consummated, the tax abatement granted by this Resolution shall be revoked.


ADOPTED at a meeting of Luzerne County Council held on the _____ day of

_________, 2019.


ROLL CALL VOTE:

Yes:

No:

______________________________

Tim McGinley, Chair

ATTEST:

___________________________

Sharon Lawrence, ______________________________

Clerk to County Council C. David Pedri, Esq.,

County Manager


luzerne county council voting session may 28, 2019 … · 5/28/2019 · luzerne county court house...

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