COUNTY COMMISSIONERS’ MINUTES WEDNESDAY, OCTOBER 10, 2018
The Board of County Commissioners met today for a Commissioners’ Meeting.
Present at today’s meeting were: Joshua G. Parsons, Chairman Dennis P. Stuckey, Vice Chairman Craig E. Lehman BOARD OF COUNTY COMMISSIONERS
E. William Peters CHIEF CLERK
Lisa Johnson ASSISTANT CHIEF CLERK
Christina Hausner, Esquire COUNTY SOLICITOR
Also present were: Tom Adams, Chief of Waste Processing and Capacity Management LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY
Leigh Bardell, Project Manager EDC FINANCE CORPORATION
Charles Douts, Director FACILITIES MANAGEMENT
Lawrence George, Executive Director BEHAVIORAL HEALTH/DEVELOPMENTAL SERVICES
Eleanor Gerlott LAW LIBRARIAN
David Hoglund, Bridge Engineer RETTEW
Rick Kastner, Executive Director DRUG AND ALCOHOL COMMISSION
Lori Little, 4-H Educator PENN STATE EXTENSION
Erin Saylor, Business Development Manager LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY
Stephanie Shirk, Client Relationship Manager PENN STATE EXTENSION
Emily Welk, 4-H Livestock Program Assistant PENN STATE EXTENSION
Commissioner Parsons called the meeting to order at 9:15 a.m. followed by the Pledge of Allegiance.
Commissioner Parsons announced the approval of the September 5, 2018 Commissioners’ Meeting Minutes. Postpone approval of the August 22, 2018 Commissioners’ Meeting Minutes, September 12, 2018 Commissioners’ Meeting Minutes, September 18, 2018 Evening Commissioners’ Meeting Minutes, September 26, 2018 Commissioners’ Meeting Minutes and October 3, 2018 Commissioners’ Meeting Minutes.
Presentation – 2018 4-H Program Recap and 4-H Youth Program Update
Ms. Shirk thanked the Commissioners for their support of the 4-H Program. Ms. Little, and Ms. Welk shared highlights of the 2018 4-H Youth Program and provided a recap of this year’s accomplishments:
• Served about 1,466 youth in their program, all of them did about 6 hours of educational programming • Trained 409 animal science members in their Quality Animal Management • 405 members engaged in community service projects • Livestock Judging Team won the State contest and now they get to judge with the National 4-H Judging Team
The Commissioners expressed their appreciation of the 4-H Program for their focus on the kids, and stated that they are very happy to support the Program. They also congratulated and thanked the 4-H staff for the remarkable work that they do to pass on agricultural traditions and get the next generation excited about what is the biggest and most important part of the Lancaster County agricultural economy, as well as advertising life skills and problem solving as part of their curriculum.
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ORDINANCE NO. 134
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF LANCASTER AMENDING ORDINANCE NO. 131 WHICH EXTENDED THE LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE (LERTA) PROGRAM PROVIDING FOR COUNTY TAX EXEMPTION, EXEMPTION SCHEDULE AND STANDARDS AND QUALIFICATIONS FOR CERTAIN DESIGNATED AREAS WITHIN WEST DONEGAL TOWNSHIP, LANCASTER COUNTY
On motion of Commissioner Stuckey, seconded by Commissioner Lehman;
WHEREAS, the County of Lancaster, Pennsylvania (“County”) is a local taxing authority, authorized by the Local Economic Revitalization Tax Assistance Act, the Act of December 1, 1977, P.L. 237, No. 76, (72 P.S. §4722 et seq.) to provide tax exemption for new construction in deteriorated areas of economically depressed communities and for improvements to certain deteriorated industrial, commercial and other business properties; and
WHEREAS, the County exercised the abovementioned authority through Ordinance No. 109 of 2013 to encourage new industrial, commercial, and business development in certain deteriorated areas in West Donegal Township through the use of tax exemptions; and
WHEREAS, Section 7 of Ordinance No. 109 of 2013 authorizes one (1) extension period for up to five (5) additional years; and
WHEREAS, on September 5, 2018, the County authorized such an extension by passing Ordinance 131; and
WHEREAS, Ordinance 131 erroneously identified the tax parcel number for the property identified as Conewago Road Northeast Side as tax parcel number 160-60053-0-0000; and
WHEREAS, the correct tax parcel number related to the said property is 160-87080-0-0000; and
WHEREAS, the Board of Commissioners of Lancaster County (“Board of Commissioners”) desires to amend Section 2 of Ordinance 131 to correct said tax parcel number; and
WHEREAS, all other terms of Ordinance 131 remain in full effect as passed on September 5, 2018.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED AND ENACTED BY THE BOARD OF COMMISSIONERS OF LANCASTER COUNTY, PENNSYLVANIA, that Section 2 of Ordinance 131 is amended as follows:
SECTION 2. Eligible Areas. The Board of Commissioners determines that the lots identified below shall be the area which contains and consists of deteriorated properties which are eligible for tax exemption under this ordinance. Additional eligible areas may be included from time to time by ordinance of the Board of Commissioners. The lots included within the deteriorated area and subject to the benefits of this article are as follows:
Lancaster County Tax Account No. Address Record Owner
160-87080-0-0000 Conewago Road Northeast Side Conewago Industrial Park Associates
160-87707-0-0000 Intersection of Conewago Conewago Industrial Park Associates Road and Distribution Drive
160-78265-0-0000 10 Distribution Drive Conewago Industrial Park Associates
160-67322-0-0000 North Side of Zeager Road Yarrum, L.P.
160-70885-0-0000 North Side of Zeager Road Yarrum, L.P.
Effective Date. This Ordinance shall take effect and be in force five (5) days after its enactment by the Board of Commissioners of Lancaster County as provided by law.
Motion passed unanimously.
ORDINANCE NO. 135
AN ORDINANCE REGULATING THE MAXIMUM WEIGHT LIMITS OF VEHICLES USING AND TRAVELING UPON LANCASTER COUNTY BRIDGES AMENDING ORDINANCE NO. 95 OF 2010
On motion of Commissioner Lehman, seconded by Commissioner Stuckey;
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Section 1. The County of Lancaster, at the recommendation of the County Engineer and the Director of Facilities Management, hereby imposes weight restrictions for vehicles using County bridges in accordance with the Lancaster County Bridge Posting List attached hereto and made a part hereof as Exhibit “A.”
Section 2. Any person violating any of the provisions of this Ordinance shall, upon conviction, be sentenced to pay a fine in accordance with the provisions of the Motor Vehicle Code, Section 4902 (75 Pa.C.S.A. § 4902).
Section 3. Ordinance 95 of 2010, an ordinance which established weight limits for vehicles using county bridges, is hereby repealed, as are any and all other ordinances inconsistent herewith.
EXHIBIT A Weight Weight Limit Bridge Limit Combination ID Structure Name Feature Carried Feature Intersected Year Built Status (Tons) (Tons) Municipality 22012 PEQUEA #2 PEQUEA VALLEY PEQUEA CREEK 1939 CLOSED XX XX 36/226 - PARADISE RD 21831 OCTORARO #1 MT PLEASANT W BR OCTORARO 1878 POSTED 4 -- 36/201 - BART RD CRK 21851 BIG CONESTOGA #2 WEAVERLAND CONESTOGA RIVER 1878 POSTED 4 -- 36/203 - RD CAERNARVON 21854 BIG CONESTOGA #1 BOOT JACK ROAD CONESTOGA RIVER 1914 POSTED 9 24 36/203 - CAERNARVON 21878 BIG CONESTOGA #9 ROCK HILL RD CONESTOGA RIVER 1923 POSTED 24 32 36/206 - CONESTOGA 21893 COCALICO #2 COCALICO COCALICO CREEK 1891 POSTED 4 -- 36/210 - EAST CREEK RD COCALICO 21894 COCALICO #4 GARDEN SPOT COCALICO CREEK 1972 POSTED 25 29 36/210 - EAST ROAD COCALICO 21910 BIG CONESTOGA #3 IRON BRIDGE RD CONESTOGA RIVER 1898 POSTED 4 -- 36/213 - EAST EARL 21913 BIG CONESTOGA #4A LINDEN RD CONESTOGA RIVER 1922 POSTED 10 -- 36/213 - EAST EARL 21927 LITTLE CONESTOGA #1 SHREINER LITTLE 1873 POSTED 3 -- 36/214 - EAST STATIONRD CONESTOGA CREEK HEMPFIELD 21939 PEQUEA #6 SOUTH RONKS PEQUEA CREEK 1971 POSTED 36 40 36/215 - EAST ROAD LAMPETER 46303 COCALICO #5 (Keller's Mill MIDDLE CREEK COCALICO CREEK 2010 POSTED 4 -- 36/218 - EPHRATA Covered Bridge) ROAD 21958 CONOWINGO #2 OLD MILL RD CONOWINGO 1972 POSTED 26 30 36/219 - FULTON CREEK 21970 COON #1 KINSEYVILLE RD COON CREEK 1977 POSTED 15 -- 36/222 - LITTLE BRITAIN 21971 OCTORARO #2 ACADEMY RD W BR OCTORARO 1847 POSTED 5 -- 36/222 - LITTLE CRK BRITAIN 21984 PEQUEA #12 FOX HOLLOW RD PEQUEA CREEK 1878 POSTED 5 -- 36/224 - MARTIC 22004 PEQUEA #4 BELMONT RD PEQUEA CREEK 1893 POSTED 3 -- 36/226 - PARADISE 22018 PEQUEA #10 BYERLAND PEQUEA CREEK 1860 POSTED 4 -- 36/228 - PEQUEA CHURCH RD 22037 LITTLE CHIQUES #1 CLOVERLEAF RD LITTLE CHIQUES 1926 POSTED 10 -- 36/230 - RAPHO CREEK 22038 LITTLE CHIQUES #2 PINKERTON RD LITTLE CHIQUES 1883 POSTED 15 -- 36/230 - RAPHO CREEK 22039 BIG CHIQUES #6 SIEGRIST'S SIEGRIST RD CHIQUES CREEK 1885 POSTED 3 -- 36/230 - RAPHO MILL 22040 BIG CHIQUES #7 BRIDGE VALLEY CHIQUES CREEK 1900 POSTED 3 -- 36/230 - RAPHO RD 22045 BIG CHIQUES #4 ERISMAN RD CHIQUES CREEK 1855 POSTED 4 -- 36/230 - RAPHO 22058 BIG CHIQUES #1 SUN HILL RD CHIQUES CREEK 1900 POSTED 3 -- 36/230 - RAPHO 22059 EAST OCTORARO #1 MILL CREEK EAST OCTORARO 1909 POSTED 15 -- 36/231 - ROAD CREEK SADSBURY
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22062 EAST OCTORARO #2 UNNAMED RD E OCTORARO 1880 POSTED 4 -- 36/231 - CREEK SADSBURY 22099 BIG CONESTOGA #6 BRIDGE RD CONESTOGA RIVER 1867 POSTED 3 -- 36/234 - UPPER LEACOCK 22107 HAMMER #1 ERB'S BRIDGE RD HAMMER CREEK 1887 POSTED 4 -- 36/235 - WARWICK 22108 COCALICO #7 LOG CABIN RD COCALICO CREEK 1849 POSTED 3 -- 36/235 - WARWICK 22127 PEQUEA #8 / LIME VALLEY BRENEMAN RD PEQUEA CREEK 1871 POSTED 5 -- 36/240 - WEST LAMPETER 22130 PEQUEA #7 PENN GRANT RD PEQUEA CREEK 1875 POSTED 3 -- 36/240 - WEST LAMPETER 22132 MILL #2A KIWANIS RD MILL CREEK 1876 POSTED 5 -- 36/301 - LANCASTER
Motion passed unanimously.
RESOLUTION NO. 59 OF 2018
FUNDING THROUGH THENEXT GENERATION FARM LOAN PROGRAM
On motion of Commissioner Stuckey, seconded by Commissioner Lehman;
WHEREAS, The Penn Township Lancaster County Industrial Development Authority has held a public hearing on an application/project in the total amount of $534,000.00 for the Next Generation Farm Loan for Barry J. and Amy E. Weaver. The farm is located at 44 Truce Road, New Providence, Providence Township, Lancaster County, which is in accordance with the Tax Equity and Fiscal Responsibility Act of 1982; and
WHEREAS, The Penn Township Lancaster County Industrial Development Authority has determined that the application/project conforms to the public purpose, eligibility, and financial responsibility requirements of the Pennsylvania Economic Development Financing Law and approved the above application/project at a publicly advertised meeting; and
WHEREAS, The project’s details are set forth in the public notice announcement on file in the Penn Township Lancaster County Industrial Development Authority Office.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF LANCASTER, PENNSYLVANIA, That the Board hereby approves the revenue obligation or tax exempt issues as stated above; and
BE IT FURTHER RESOLVED, That the approval granted hereby shall not, in any way, pledge or obligate the credit or taxing power of the County, nor shall the County be liable for the payment of the principal of, or interest on, any obligations issued by the Authority.
Motion passed unanimously.
RESOLUTION NO. 60 OF 2018
On motion of Commissioner Lehman, seconded by Commissioner Stuckey;
WHEREAS, The Lancaster County Drug and Alcohol Commission and Behavioral Health/ Development Services seek authorization to negotiate, on behalf of Lancaster County, a single contract with Lebanon, Dauphin, Cumberland and Perry Counties for the delivery and management of the Medicaid funded HealthChoices Behavioral health care and drug and alcohol treatment services under the Harrisburg corporate office of Capital Area Behavioral Health Collaborative (CABHC). This is a $200 million contract, which delivers over $90 million of mental health and drug and alcohol treatment in Lancaster County each year; and
WHEREAS, for the past 18 years, Lancaster County has managed the Medicaid HealthChoices project with Lebanon, Dauphin, Cumberland and Perry Counties, under the Harrisburg corporate office of CABHC. Although this has always operated as one joint project, with representation on its board of directors from the member counties, it was set up to have five separate county contracts with the state, instead of one contract; and
WHEREAS, the Pennsylvania Department of Human Services, Office of Mental Health and Drug and Alcohol Services, has now asked the counties to move to one contract, as compared to the five individual county contracts, which will facilitate operations and reduce paperwork with no negative impact on Lancaster County client services or funding. The sole agreement would be between the Pennsylvania Department of Human Services and CABHC, on behalf of the five Counties, and CABHC would also hold the contract with the subcontracted Managed Care Organization on behalf of the five counties; and
WHEREAS, the endorsement of this single contract concept is being sought from the Boards of Commissioners in Dauphin, Lebanon, Cumberland and Perry County, after which a new Intergovernmental Agreement will be drafted and ultimately submitted to all five counties for approval.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF LANCASTER COUNTY, PENNSYLVANIA to authorize the Lancaster County Drug and Alcohol Commission and Behavioral Health/Development Services to proceed to negotiate a single agreement with its CABHC partners and the Pennsylvania Department of Human Services.
Motion passed unanimously
On motion of Commissioner Stuckey, seconded by Commissioner Lehman, it was agreed for the County of Lancaster, acting on behalf of Behavioral Health/Developmental Services (BH/DS), to approve the following:
1. Amended Agreement No. 1 With: Behavioral Healthcare Corporation Lancaster, Pennsylvania
Purpose: To adjust claims to reflect increase in utilization, bring program fund mobile social rehabilitation to contract cap, and program fund nursing support services at mental health office.
Amount/Term: Increase the amount of the existing contract by $65,077.62, for a total contract amount not to exceed $395,143.62 for Fiscal Year 2017-2018.
2. Amended Agreement No. 1 With: The Lodge Life Services, Inc. Lancaster, Pennsylvania
Purpose: To adjust claims to reflect increase in utilization and to decrease program funded funds.
Amount/Term: Increase the amount of the existing contract by $14,645.90, for a total contract amount not to exceed $400,485.90 for Fiscal Year 2017-2018.
3. Amended Agreement No. 1 With: Tabor Community Services, Inc. Lancaster, Pennsylvania
Purpose: To transfer funds from claims to program funded for expenses incurred.
Amount/Term: There is no net change in the existing contract amount which remains at $74,391.00 for Fiscal Year 2017-2018.
4. Amended Agreement No. 2 With: Goodwill Keystone Area Harrisburg, Pennsylvania
Purpose: To reduce the contract amount to reflect actual utilization of services.
Amount/Term: Decrease the amount of the existing contract by $35,497.47, for a total contract amount not to exceed $213,621.53 for Fiscal Year 2017-2018.
Motion passed unanimously.
On motion of Commissioner Lehman, seconded by Commissioner Stuckey, it was agreed for the County of Lancaster, acting on behalf of the Lancaster County Solid Waste Management Authority (LCSWMA), to approve the following:
Grant Application With: Pennsylvania Department of Environmental Protection Bureau of Waste Management Division of Waste Minimization and Planning Harrisburg, Pennsylvania
Purpose: To submit a grant application for funding under Section 901 of Act 101 Grant Program to conduct a Waste Characterization Study for Construction and Demolition delivered to the LCSWMA landfill. The purpose of the study is to characterize the components of the construction and demolition waste streams within LCSWMA’s system which will aid in developing a business model to analyze and determine the best path forward to divert construction and demolition material from the landfill. The LCSWMA issued a Request for Proposal and awarded a contract to Gershman, Brickner & Bratton, Inc., McClean, Virginia, to conduct the Construction and Demolition Waste Characterization Study.
Amount: Personnel Costs $10,124.00 Supplies/Printing $20,600.00 Travel $ 5,500.00
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Consultants and Subcontracts $55,540.00 Total $91,764.00
Funding Sources: 80% State funding 20% LCSWMA funding
Note: The County will serve as the applicant of this pass-through grant and disbursements from DEP will be forwarded to LCSWMA upon receipt of funds. There are no costs to be incurred by the County. LCSWMA will fund 100% of expenditures not covered by the grant.
Term: 2018 Grant. Disbursements to be completed by end of 2019.
Motion passed unanimously.
On motion of Commissioner Stuckey, seconded by Commissioner Lehman, it was agreed for the County of Lancaster, acting on behalf of the Law Library and County Solicitor’s Office, to approve the following:
1. Agreement With: Thomson Reuters Eagan, Minnesota
Purpose: To provide online legal products including West ProFlex, Westlaw PRO, Software and Practice Solutions Products for use by Solicitor’s Office-Legal, Solicitor’s Office- Children and Youth Agency; Domestic Relations, Public Defender’s Office, District Attorney’s Office, Court of Common Pleas, and Adult Probation and Parole Services.
Amount: $7,200.00 per month, for a total amount of $86,400.00 for the first year, with 3% increases in years two and three. The cost will be shared by County departments as follows:
Solicitor’s Office – Legal – 2.5% of contract Solicitor’s Office – Children and Youth Agency – 3.75% of contract Domestic Relations – 2.5% of contract Public Defender’s Office – 31.25% of contract District Attorney’s Office – 37.5% of contract Court of Common Pleas – 20% of contract Adult Probation and Parole Services – 2.5% of contract
Term: Three-year term effective November 1, 2018.
2. Agreement With: Thomson Reuters Eagan, Minnesota
Purpose: To provide West ProFlex online legal research services and materials for patrons’ use in the Law Library including National Core for Patron Access, Analytical Plus for Patron Access, Litigation for Patron Access, and Know How for Patron Access.
Amount: $2,777.00 per month, for a total amount of $33,324.00 for the first year, with 3% increases in years two and three.
Term: Three-year term effective November 1, 2018.
Motion passed unanimously.
Commissioner Parsons recognized members of Leadership Lancaster who were observing today’s meeting.
Larry Phillips, Citizen, expressed comments in opposition to restricting public access to the Government Center to only one entrance/exit location. He questioned how this decision was made and asked the Commissioners if they would re-address the security issue and to, at least, allow the public to exit the building at more than one door. Mr. Phillips also asked if it is the intent to restrict public cell phone use at the Government Center in the future.
Commissioners Parsons and Stuckey explained that this is a more secure way of doing business for public safety and that this also has to do with manpower for the Sheriff’s Office, as it is easier for them to monitor one entrance than multiple entrances. This is also the right thing to do in terms of safety of the employees in the Government building. Commissioner Lehman stated that he was uncomfortable with the original proposal of creating an employee entrance and eliminating the Sheriff’s post at Binn’s Park because he felt the tower entrance would work best. He noted that he would consider Mr. Phillips’ request to have an additional exit door for public use.
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The Commissioners have also noted that there was no discussion regarding cell phone elimination from the Government Center, and that they do not think that they would have any reason to eliminate cell phones.
On motion of Commissioner Stuckey, seconded by Commissioner Lehman, the meeting adjourned at 10:04 a.m.
Motion passed unanimously.
Respectfully submitted,
Lydia Kovalchuk, Executive Assistant Commissioners’ Office