LUZERNE COUNTY COUNCIL VOTING SESSION Video/Teleconference via TEAMS March 09, 2021

5:30 PM EXECUTIVE SESSION (REGARDING LITIGATION)

5:45 PM PUBLIC HEARING (LUZERNE COUNTY ZONING ORDINANCE AND MAPS OF 2021)

6:01 PM VOTING SESSION CALL TO ORDER

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

ROLL CALL

RECOGNITIONS & CEREMONIAL PROCLAMATIONS RETIREMENTS: Robin Muth, Admin Officer 3, Area Agency on Aging

ADDITIONS TO/DELETIONS FROM VOTING SESSION AGENDA

ADOPTION OF VOTING SESSION AGENDA

MOTION TO SUSPEND BYLAWS REGARDING THE REQUIREMENT A MAJORITY OF THOSE PARTICIPATING IN THE MEETING MUST BE PHYSICALLY PRESENT AT THE MEETING.

MOTION TO SUSPEND BYLAWS REGARDING THE CONDUCT OF PUBLIC MEETINGS TO THE EXTENT THAT THE CURRENT FORMAT IS INCONSISTENT WITH THE TERM OF THE STATE’S EMERGENCY DECLARATION.

PUBLIC COMMENT ON VOTING SESSION AGENDA ITEMS This is an opportunity for members of the public to address the Council on matters listed on the Agenda. Please refer to the Public Meetings Online page of County’s Website at https://www.luzernecounty.org/1279/Public-Meetings-Online for more information on how to participate in Public Comment via technology.

AGENDA ITEMS-CLERK OF COUNCIL Motion to approve minutes of the February 23, 2021 Voting Session ...... 1-9 Motion to approve minutes of the March 2, 2021 Special Meeting ...... 10-14

OLD BUSINESSS

AGENDA ITEMS–COUNTY MANAGER 1. Motion to adopt ordinance Amending the 2020 Fiscal Year Budget for Luzerne County (Debt Service)…………………….……………………………………….………..pages 15-27 2. Motion to introduce ordinance Amending the 2021 Fiscal Year Budget for Luzerne County (Hospitality Grant).…………….………………………………….…...………..pages 28-31 3. Motion to introduce ordinance Amending the 2021 Fiscal Year Budget for Luzerne County (CTCL).……………………………….……………………………………....………..pages 32-34 4. Motion to introduce ordinance Amending the 2021 Fiscal Year Budget for Luzerne County (DA).……………………………….………………………….…………...... ……..pages 35-37 5. Motion to adopt ordinance Adopting the Luzerne County Zoning Ordinance of 2021 and the Luzerne County Zoning Map of 2021…………….…………..pages 38-41 Luzerne County Zoning Ordinance of 2021………………………………………….…………ATTACHMENT 1 Luzerne County Zoning Maps of 2021…………………………………………………………….ATTACHMENT 2 6. Motion to adopt Zoning Fee Schedule resolution…………………………………….…………..pages 42-43 7. Motion to adopt resolution Authorizing the County Manager to to Amend and Extend the Lease Agreement Between Luzerne County and the United States Government for the Marine Facility located at 1118 Wyoming Avenue, Wyoming, Pennsylvania 18644……………………………….pages 44-54

AGENDA ITEMS-COUNTY COUNCIL 8. Motion to adopt resolution declaring a vacancy on the Luzerne County Cares Commission ……………………………………………………………………………..……………….pages 55-57 9. Motion to adopt resolution Declaring a Vacancy on the Luzerne County Blighted Property Review Committee………………………………………………………………….pages 58-59 10. Nominations and Appointments to Boards and Commissions: a. Luzerne County Bureau of Elections and Registration (3 openings) (1) Democrat to complete term ending 12/31/21…………………………………..……………page 60 (1) Republican to complete term ending 12/31/21……………………………..……………….page 61 (1) Republican to complete term ending 12/31/23………………………………..…………….page 62

PUBLIC COMMENT ON NON-AGENDA ITEMS 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. Please refer to the Public Meetings Online page of County’s Website at https://www.luzernecounty.org/1279/Public-Meetings-Online for more information on how to participate in Public Comment via technology.

ADJOURNMENT

Luzerne County Council February 23, 2021 Voting Session Video/Teleconference via TEAMS Minutes

Call to Order The Luzerne County Council convened for a Voting Session on February 23, 2021, at 6:01PM via TEAMS Video/Teleconference. The meeting was called to order by Council Chair Tim McGinley.

Pledge of Allegiance and Moment of Silence

Roll Call Present Walter L. Griffith, Jr. Harry Haas Linda McClosky Houck Lee Ann McDermott Tim McGinley Chris Perry Kendra M. Radle Sheila Saidman, Esq. Robert Schnee Stephen J. Urban Matthew Vough

Also Present C. David Pedri, Esq., County Manager Romilda P. Crocamo, Chief County Solicitor Vito DeLuca, Esq. Sharon Lawrence, Clerk of Council

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Recognitions/Ceremonial Proclamations None

Additions to/Deletions from Voting Session Agenda Mr. McGinley stated that Mr. Pedri requested Council remove items 8 & 9. Items 8 & 9 were removed as there were no objections.

Mr. Griffith requested item 4 be removed as it was not properly introduced and to have the Executive Session moved after the Work Session. Mr. McGinley stated the Executive Session would be addressed after the Voting Session. Mr. McGinley asked if there was anyone else who would like item 4 removed. Ms. Houck would like it removed. Attorney Crocamo responded regarding the introduction and read a transcript from the February 9th Voting Session. Mr. McGinley noted there was no one else other than Mr. Griffith and Ms. Houck (2-9) item 4 will remain on the agenda.

Adoption of Voting Session Agenda Motion to Adopt Voting Session Agenda by: Mr. Schnee Second: Ms. Radle

Motions Motion to suspend Bylaws regarding the requirement a majority of those participating in the meeting must be physically present by: Ms. Houck Second: Mr. Schnee Vote: Eleven (11) Ayes – Unanimous Motion Passed (11-0)

Motion to suspend Bylaws regarding the conduct of public meetings to the extent that the current format is inconsistent with the term of the State’s Emergency Declaration by: Ms. McDermott Second: Mr. Perry Vote: Ten (10) Ayes by Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) Nay by Mr. Griffith Motion Passed (10-1)

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Public Comment on Agenda Items Due to COVID-19 all meetings are currently held via Video/Teleconference. WRITTEN comments are submitted electronically via EMAIL or TEAMS. A copy of the full written comment for each speaker is posted under the corresponding meeting agenda. VERBAL comments, in their entirety, can be heard by accessing the public comment portion of the meeting recording posted next to the meeting agenda.

Mark Rabo (Hazleton) commented Verbally regarding the Community Development ordinance, non-profit disclosures and appointments to Authorities, Boards and Commissions.

Richard Manta (Back Mountain) commented Verbally regarding ABC interview questions and Tax Collectors.

Brian Dwyer (Larksville) commented Verbally regarding the LCTA Board life insurance matter.

Brian Shiner (Kingston) commented Verbally regarding the ordinance amending the Administrative Code.

1. Motion to adopt minutes of the February 09, 2021 Voting Session Motion by: Ms. Saidman Second: Ms. McDermott Ms. Houck stated she took exception to the section in the minutes headed by “Ordinances that are automatically introduced” and requested it be on record. Vote: Nine (9) Ayes by Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough Two (2) Nays by Mr. Griffith and Mr. SJ Urban Motion Passed (9-2) The January 26, 2021 Voting Session Minutes are Adopted

Old Business None

Agenda Items 1. Motion to adopt ordinance Amending the Capital Plan Budget for Luzerne County Motion by: Ms. McDermott Second: Ms. Radle Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Ordinance is Adopted

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2. Motion to adopt ordinance Amending the 2020 Fiscal Year Budget for Luzerne County (Reserve) Motion by: Ms. Houck Second: Ms. Radle Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Ordinance is Adopted

3. Motion to adopt ordinance Amending the 2020 Fiscal Year Budget for Luzerne County (Debt Service) Motion by: Mr. Griffith Second: Ms. Houck Motion to postpone ordinance until next meeting by: Mr. Griffith Second: Mr. Schnee Roll Call Vote: Ten (10) Yes by Mr. Griffith, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) No by Mr. Haas Motion Passed (10-1) Ordinance is Postponed

4. Motion to adopt ordinance Amending the 2021 Fiscal Year Budget for Luzerne County (Community Development) Motion by: Ms. Saidman Second: Ms. McDermott Motion to amend the ordinance and replace “COVID-19” with “Emergency Rental Assistance” by: Mr. Griffith Second: Ms. Saidman Roll Call Vote to Amend Ordinance: Eleven (11) Yes – Unanimous Motion Passed (11-0) Ordinance is Amended Roll Call Vote to Adopt Ordinance: Ten (10) Yes by Mr. Griffith, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) Abstention by Mr. Haas Motion Passed (10-0) with (1) Abstention Ordinance is Adopted

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5. Motion to introduce ordinance Adopting the Luzerne County Zoning Ordinance of 2021 and the Luzerne County Zoning Map of 2021 Motion by: Ms. Houck Second: Ms. McDermott Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Ordinance is Introduced

6. Motion to adopt resolution approving the Collective Bargaining Agreement between Luzerne County and the Luzerne County Detectives’ Association Motion by: Ms. Radle Second: Mr. Perry Roll Call Vote: Nine (9) Yes by Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough Two (2) No by Mr. Griffith and Mr. SJ Urban Motion to Passed (9-2) Resolution is Adopted

7. 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: Ms. Radle Second: Ms. Saidman Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

REMOVED ITEM 8. Introduction of ordinance Amending the 2021 Fiscal Year Budget for Luzerne County (Coroner)

REMOVED ITEM 9. Introduction of ordinance Amending the 2021 Fiscal Year Budget for Luzerne County (Elections)

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10. Motion to adopt ordinance Amending the Administrative Code at Section 2.10 – Luzerne County Authorities, Boards and Commissions Motion by: Mr. Griffith Second: Ms. Houck After discussion, Ms. Houck withdrew her second. Second: Mr. Haas Roll Call Vote: Four (4) Yes by Mr. Griffith, Mr. Haas, Mr. Schnee and Mr. SJ Urban Seven (7) No by Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman and Mr. Vough Motion Failed (4-7) Ordinance Failed

11. Motion to adopt resolution declaring a Vacancy on the Luzerne County Board of Elections (Tait) Motion by: Mr. Griffith Second: Ms. Houck Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

12. Motion to adopt resolution declaring a Vacancy on the Luzerne County Board of Elections (Ouellette) Motion by: Ms. Houck Second: Mr. Griffith Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

13. Nominations and Appointments to Boards and Commissions: 13a. Luzerne County Accountability, Conduct and Ethics Commission (1) Democrat term ending 12/31/2024 and (1) Republican to complete a term ending 12/31/21 Motion to Open Nominations by: Ms. McDermott Second: Ms. Houck Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Open Ms. Houck nominated: Diane Dreier (Democrat) Second: Mr. Griffith Ms. McDermott nominated: Thomas Mosca Second: Ms. Saidman

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Motion to Close Nominations by: Mr. Haas Second: Mr. SJ Urban Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Closed Motion to adopt resolution appointing Diane Dreier, a Democrat, to the Luzerne County Accountability, Conduct and Ethics Commission by: Ms. Houck Second: Ms. Radle Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted Motion to adopt resolution appointing Thomas Mosca, a Republican, to the Luzerne County Accountability, Conduct and Ethics Commission by: Ms. Radle Second: Ms. Saidman Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

13b. Luzerne/Wyoming Counties Drug & Alcohol Executive Commission (1) term ending 12/31/2023 Motion to Open Nominations by: Ms. Houck Second: Ms. McDermott Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Open Ms. Houck nominated: Eugene Wallace Second: Mr. Griffith Ms. Saidman nominated: John McCarthy Second: Mr. Schnee Ms. Houck and Mr. Griffith both withdrew their motions as Eugene Wallace was not eligible for the position type open (Business or Industry). Motion to Close Nominations by: Mr. Haas Second: Mr. SJ Urban Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Closed Motion to adopt resolution appointing John McCarthy to the Luzerne County Drug & Alcohol Executive Commission by: Mr. Schnee Second: Ms. McDermott Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

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13c.Luzerne County Zoning Hearing Board (1) term ending 12/31/2023 Motion to Open Nominations by: Ms. Houck Second: Ms. McDermott Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Open Mr. Schnee nominated: William Harris Second: Ms. McDermott Motion to Close Nominations by: Ms. Houck Second: Ms. Saidman Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Closed Motion to adopt resolution appointing William Harris to the Luzerne County Zoning Hearing Board by: Mr. Schnee Second: Ms. McDermott Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

Public Comment on Non-Agenda Items: Due to COVID-19 all meetings are currently held via Video/Teleconference. WRITTEN comments are submitted electronically via EMAIL or TEAMS. A copy of the full written comment for each speaker is posted under the corresponding meeting agenda. VERBAL comments, in their entirety, can be heard by accessing the public comment portion of the meeting recording posted next to the meeting agenda.

Mark Rabo (Hazleton) commented Verbally regarding Board Member compensation, Bridge Tolling on I-80 and the $5.00 Fee.

Jason Carr (Saylorsburg) commented Verbally regarding the Detectives Contract, Overtime for attending Council meetings and Voting Machine Debt Service.

Brian Dwyer (Larksville) commented Verbally regarding the Detectives Contract.

Brian Shiner (Kingston) commented Verbally regarding the Charter Section 209B7, Children & Youth Meetings and Minutes, Council laptops with cameras and the Executive Session.

Richard Manta (Back Mountain) commented Verbally regarding changing things.

Attorney DeLuca and Attorney Crocamo responded to Mr. Shiner’s comments regarding Children & Youth.

Mr. Griffith commented regarding Children & Youth and the LCTA.

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Adjournment Motion to Adjourn: Mr. SJ Urban Second: Ms. Radle Vote: Eleven (11) Ayes – Unanimous Meeting Adjourned at 8:29 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]

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Luzerne County Council March 02, 2021 Special Meeting Video/Teleconference via TEAMS Minutes

Call to Order The Luzerne County Council convened for a Special Meeting on March 02, 2021, at 5:31PM via TEAMS Video/Teleconference. The meeting was called to order by Council Chair Tim McGinley.

Pledge of Allegiance and Moment of Silence

Roll Call Present Walter L. Griffith, Jr. Harry Haas Linda McClosky Houck Lee Ann McDermott Tim McGinley Chris Perry Kendra M. Radle Sheila Saidman, Esq. Robert Schnee (joined meeting at 6:34) Stephen J. Urban Matthew Vough

Also Present C. David Pedri, Esq., County Manager Romilda P. Crocamo, Chief County Solicitor Vito DeLuca, Esq. Sharon Lawrence, Clerk of Council

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Adoption of Special Meeting Agenda Motion to Adopt Voting Session Agenda by: Ms. Houck Second: Ms. Radle Vote: Nine (9) Yes by Mr. Griffith, Mr. Haas. Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman and Mr. Vough One (1) No by Mr. SJ Urban (Mr. Schnee was having technical issues and was not connected yet) Motion Passed (9-1) The Voting Session Agenda is Adopted

Motions Motion to suspend Bylaws regarding the requirement a majority of those participating in the meeting must be physically present by: Ms. Houck Second: Mr. Vough Mr. McGinley confirmed that Mr. Schnee was connected. Vote: Eleven (11) Ayes – Unanimous Motion Passed (11-0)

Motion to suspend Bylaws regarding the conduct of public meetings to the extent that the current format is inconsistent with the term of the State’s Emergency Declaration by: Ms. Saidman Second: Ms. Radle Vote: Ten (10) Ayes by Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) Nay by Mr. Griffith Motion Passed (10-1)

Commentary regarding the February 23, 2021 Executive Session Attorney DeLuca commented and stated Council met in Executive Session after the regular meeting on February 23, 2021 to discuss the litigation for Javitz vs. Luzerne County. The Executive Session was approximately 25 minutes and Council received a report from the Office of Law.

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Public Comment on Agenda Items Due to COVID-19 all meetings are currently held via Video/Teleconference. WRITTEN comments are submitted electronically via EMAIL or TEAMS. A copy of the full written comment for each speaker is posted under the corresponding meeting agenda. VERBAL comments, in their entirety, can be heard by accessing the public comment portion of the meeting recording posted next to the meeting agenda.

The following Citizens commented Verbally: Ron Knapp (Nanticoke) Mark Rabo (Hazleton) Brian Shiner (Kingston) Brian Dwyer (Larksville) Denise Williams (Kingston Township) Elaine Maddon Curry (Drums) Claudia Glennan (Salem Twp) Mark Shaffer Lisa Napersky (Fairview Twp)

Mr. Haas read a text from Moderno “Butch” Rossi (Lehman Twp)

Mr. McGinley read Public Comment Emails from: Andrea Glod Rebecca Elfman (Kingston) Rosalie Berezich (Trucksville) Hillary Palencar (Larksville) Karen Attanasio (Jackson Twp) Anne Aston (Kingston Twp)

New Business Statement from the Office of Law By: Attorney DeLuca

Participant’s Statements By: Keith Gould Stephen J. Urban

Agenda Items 1. Discussion and possible Council action regarding the Luzerne County Board of Elections and Registration As Discussion had already taken place, Mr. McGinley moved to Item 2.

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2. Motion to declare a Vacancy on the Luzerne County Board of Elections and Registration (Chair) Motion by: Ms. Houck Second: Mr. Vough Roll Call Vote: Ten (10) Yes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough One (1) Abstention by Mr. SJ Urban Motion Passed (10-0) with (1) Abstention Resolution is Adopted

3. Motion to declare a Vacancy on the Luzerne County Board of Elections and Registration (Dombroski-Gebhardt) Motion by: Ms. Houck Second: Ms. Saidman Roll Call Vote: Ten (10) Yes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough One (1) No by Mr. SJ Urban Motion Passed (10-1) Resolution is Adopted

4. Motion to declare a Vacancy on the Luzerne County Board of Elections and Registration (Gould) Motion by: Ms. Houck Second: Ms. Saidman Roll Call Vote: Ten (10) Yes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough One (1) No by Mr. SJ Urban Motion Passed (10-1) Resolution is Adopted

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Public Comment on Non-Agenda Items: Due to COVID-19 all meetings are currently held via Video/Teleconference. WRITTEN comments are submitted electronically via EMAIL or TEAMS. A copy of the full written comment for each speaker is posted under the corresponding meeting agenda. VERBAL comments, in their entirety, can be heard by accessing the public comment portion of the meeting recording posted next to the meeting agenda.

All commentary received by the following Citizens was in regard to the discussions and actions that took place throughout the meeting: Hilary Palencar (Larksville) Brian Dwyer (Larksville) Lisa Napersky (Fairview Twp) Ron Knapp (Nanticoke) Alyssa Fusaro Mark Rabo (Hazleton) Jason Carr (Saylorsburg)

Adjournment Motion to Adjourn: Mr. Schnee Second: Ms. McDermott Vote: Eleven (11) Ayes – Unanimous Meeting Adjourned at 7:04 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]

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ITEM TITLE COUNCIL MEETING AGENDA Luzerne County received $2,038,405 DATE NUMBER reimbursement related to voting machines 2-23-2021 2021-a Dept: Budget and Financial Services

Contact: Brian Swetz

Phone: 570-825-1545

DEPARTMENTAL RECOMMENDATION:

It is the department recommendation to leave these funds as 2020 revenue. County Council amended the 2-9-2021 agenda submittal to pay down debt related to the 2019 Council Borrowing from the federal and state reimbursement.

SUMMARY:

Luzerne County entered into a 2019 purchase order with Dominion and purchased machines for $2,824,440.80 during fiscal year 2020. The federal and state government reimbursed the County for $2,038,405 towards the purchase.

The reclass of revenue of the $2,038,405 to pay down 2019 debt would leave the County short in the 2020 audit. Also the majority of the benefit of the repayment would not be received until 2030 per PFM debt schedule.

The intent of Council to pay down debt is a noble idea however it will short the 2020 revenue numbers by that amount.

Debt Service:

100.95.4721.570.81 – 2019 General Obligation Principal

FINANCING: none

ALTERNATIVES:

Council can choose not to approve resulting in an unbudgeted surplus

OTHER AGENCY INVOLVEMENT:

The attached was drafted by Budget and Finance staff and the County Solicitor’s Office.

PFM provided information related to making an extra or early payment to the 2019 Bond.

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Luzerne County Council Voting Session March 09, 2021 AGENDA Page 16 of 62

No. 2021- ORDINANCE

An Ordinance of County Council for the County of Luzerne Amending 2020 Fiscal Year Budget for Luzerne County

WHEREAS, the Luzerne County Administration received and was reimbursed with proceeds from the Pennsylvania and United States governments in the amount of $2,038,405.49 related to Luzerne County’s purchase of new voting machines; and

WHEREAS, the Luzerne County Manager submitted the 2020 Fiscal Year Budget to Luzerne County Council which was subsequently amended and adopted by Luzerne County Council; 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 2020 Fiscal Year Budget to deposit unencumbered funds in the amount of $2,038,405.49 to line item 100.95.4721.570.81 (2019 General Obligation Principal) to be utilized to pay down Luzerne County’s debt service.

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 ______, County Council hereby amends the 2020 Fiscal Year Budget to provide unencumbered funds in the amount of $2,038,405.49 to line 100.95.4721.570.81 for the purpose of paying down Luzerne County’s debt service.

SECTION THREE. Remainder of Budget.

All other line items in the 2020 Fiscal Year Budget shall remain unchanged.

SECTION FOUR. Effective Date.

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

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LUZERNE COUNTY COUNCIL

______Tim McGinley, Chair ATTEST: ______Sharon Lawrence, ______Clerk to County Council Chris Perry, Vice-Chair

Page 2 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 18 of 62 From: Swetz, Brian To: McGinley, Tim; Lawrence, Sharon Subject: 2019 borrowing Date: Thursday, March 4, 2021 12:34:47 PM Attachments: 2019 borrowing.pdf

Attached is a pdf which includes a word summary of the borrowing and related payments to date, an excel schedule and part of the 2019 agenda submittal where council approved the $3,623,370.80 cost for the voting machines, delivery and maintenance.

Thanks

Brian Swetz Division Head of Budget and Financial Services Luzerne County 200 N. River Street Wilkes-Barre, PA 18711 Office: 570-825-1545 Fax: 570-820-6362

If you have concerns about the validity of this message, contact the sender directly, or the Luzerne County IT Department at [email protected]

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ITEM TITLE COUNCIL MEETING AGENDA To add an additional fund to the 2021 revenue and DATE NUMBER expense budgets for the COVID-19 Hospitality 03/09/2021 Industry Recovery Program Grant to reflect a revenue increase from the Commonwealth of PA through the Department of Community & Economic Development. Dept: County Manager Contact: Michele Sparich, Grants Writer Phone: (570) 830-5112

DEPARTMENTAL RECOMMENDATION:

The County Manager’s Office and Budget and Finance recommend that Luzerne County Council approve the addition of a fund to the 2021 revenue and expense budgets for the COVID-19 Hospitality Industry Recovery Program. This increase in revenue reflects funding received from the following agency:

PA Department of Community & Economic Development $3,595,181.00

SUMMARY:

This amendment is required to accurately reflect the grant funding awarded by DCED for the COVID-19 Hospitality Industry Recovery Program that will be set up similar to the CARES fund in 2020.

FINANCING:

Funding was awarded to Luzerne County to provide grants to eligible hospitality businesses in Luzerne County.

DISCUSSION:

This program will provide much needed assistance to eligible businesses in the hospitality industry who have been impacted by COVID and meet the specific North American Industry Classification System (NAICS) codes of 721 and 722. Expenses must be meet the program guidelines established by DCED.

ALTERNATIVES:

The Luzerne County Council may choose not to approve however; this is not recommended because it would prevent businesses in the hospitality industry from receiving grant funds which would be used to recover from the pandemic.

OTHER AGENCY INVOLVEMENT:

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 28 of 62 As established by the DCED program guidelines, the County must contract with one or more Certified Economic Development Organization (CEDO) or Community Development Financial Institution (CDFI), which in turn will disburse the funding through grant agreements with eligible businesses. Luzerne County has entered a sub-recipient agreement with the Greater Hazleton Community Area New Development Organization, Inc. and the Greater Wilkes-Barre Industrial Fund, Inc. to meet DCED’s requirements.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 29 of 62

No. 2021- ORDINANCE

An Ordinance of County Council for the County of Luzerne Amending the 2021 Fiscal Year Budget for Luzerne County

WHEREAS, the Luzerne County Administration received $3,595,181.00 from PA DCED for a Community Development Financial Institution Grant (CDFI) to reimburse businesses for revenue losses experienced due to the COVID-19 global pandemic; and

WHEREAS, pursuant to Section 5.07 of the Home Rule Charter of Luzerne County, County Council adopted the 2021 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 to the 2021 Fiscal Year budget.

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 ______, County Council hereby amends the following line item in the 2021 fiscal year budget in order to account for receipt of funds relative to COVID-19 Hospitality Industry Recovery Program Grant:

REVENUES:

Line Item - 145.20.4176.440.40 - COVID-19 Hospitality Industry shall be increased by $3,595,181.00.

EXPENDITURES:

Line Item - 145.20.4176.560.85 - Special Grants Expense shall be increased by $3,595,181.00.

Page 1 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 30 of 62

SECTION THREE. Remainder of Budget.

All other line items in the 2021 Fiscal Year Luzerne County Budget shall remain unchanged.

SECTION FOUR. Effective Date.

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

ROLL CALL VOTE

LUZERNE COUNTY COUNCIL

______Tim McGinley, Chair ATTEST: ______Sharon Lawrence, ______Clerk to County Council Chris Perry, Vice-Chair

Page 2 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 31 of 62 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA To add grant funding to the 2021 General fund DATE NUMBER revenue and expense lines within the Bureau of 03/09/2021 Elections Department for the remaining CTCL Grant. Dept: Budget & Finance Contact: Brian Swetz Phone: 570-825-1545

DEPARTMENTAL RECOMMENDATION:

The Budget and Finance department recommends that Luzerne County Council approves the grant funding to the 2021 General Fund revenue and expense budget the six-month extension granted from the Center of Tech and Civil Life. This increase in revenue reflects funding received from the following agency:

Center for Tech and Civil Life (CTCL): $70,101.00

SUMMARY:

This amendment is required to accurately reflect the increase in funding awarded CTCL, a nonprofit organization for the use of COVID-19 related expenses within the Bureau of Elections.

FINANCING:

Funding was awarded to the Bureau of Elections in 2020 and the rest of the funds are being used from CTCL in 2021.

DISCUSSION:

CTCL granted the Bureau of Elections an extension on the grant and it will be used for mail in ballot supplies and other expenses that are eligible to combat the COVID-19 pandemic through the Elections department.

ALTERNATIVES:

The Luzerne County Council may choose not to approve. It is not recommended.

OTHER AGENCY INVOLVEMENT:

None.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 32 of 62

No. 2021- ORDINANCE

An Ordinance of County Council for the County of Luzerne Amending the 2021 Fiscal Year Budget for Luzerne County

WHEREAS, the Luzerne County Administration received $70,101.00 from the Center for Tech and Civic Life (CTCL) for costs associated with the safe administration of election responsibilities; and

WHEREAS, pursuant to Section 5.07 of the Home Rule Charter of Luzerne County, County Council adopted the 2021 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 to the 2021 Fiscal Year budget.

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 ______, County Council hereby amends the following line item in the 2021 fiscal year budget in order to account for receipt of funds relative to the Center for Tech and Civic Life – COVID-19 Response Grant:

REVENUES:

Line Item – 100.30.4120.435.70 - shall be increased by $70,101.00.

EXPENDITURES:

Line Item – 100.30.4120.599.50 - shall be increased by $70,101.00.

Page 1 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 33 of 62

SECTION THREE. Remainder of Budget.

All other line items in the 2021 Fiscal Year Luzerne County Budget shall remain unchanged.

SECTION FOUR. Effective Date.

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

ROLL CALL VOTE

LUZERNE COUNTY COUNCIL

______Tim McGinley, Chair ATTEST: ______Sharon Lawrence, ______Clerk to County Council Chris Perry, Vice-Chair

Page 2 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 34 of 62 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA To add additional grant funding to the 2021 General DATE NUMBER fund revenue and expense lines within the District 03/09/2021 Attorney’s Office for an automated fingerprint identification system (AFIS), interview/conference room and equipment to better protect the detectives. Dept: Luzerne County District Attorney’s Office Contact: Stefanie Salavantis, District Attorney Phone: (570) 825-1568

DEPARTMENTAL RECOMMENDATION:

The District Attorney’s office recommends that Luzerne County Council approves the addition of grant funding to the 2021 General Fund revenue and expense budget for equipment and finance infrastructure upgrades to the District Attorney’s Office. This increase in revenue reflects funding received from the following agency:

Economic Development and Community Development Initiatives (EDCDI): $50,000

SUMMARY:

This amendment is required to accurately reflect the increase in funding awarded by EDCDI for the use of equipment needed for the District Attorney’s Office to help prosecutors and detectives- as well as local law enforcement agencies throughout Luzerne County.

FINANCING:

Funding was awarded to the Luzerne County District Attorney’s Office from EDCDI.

DISCUSSION:

By purchasing and maintaining AFIS within the Luzerne County District Attorney’s Office, municipal police departments and the District Attorney detectives can quickly process criminal defendants, ascertain their true identities and ensure that violent individuals are not released die to misidentification of misinformation. Also, municipal police departments will save valuable time and resources if they are able to access and utilize AFIS from a centralized location in the county.

ALTERNATIVES:

The Luzerne County Council may choose not to approve however; this is not recommended because this funding is greatly needed to assist county law enforcement.

OTHER AGENCY INVOLVEMENT:

The County will enter into a sub-recipient agreement with EDCDI to administer the program with oversight performed by the Luzerne County District Attorney’s Office.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 35 of 62

No. 2021- ORDINANCE

An Ordinance of County Council for the County of Luzerne Amending the 2021 Fiscal Year Budget for Luzerne County

WHEREAS, the Luzerne County Administration received $50,000.00 from Economic Development and Community Development Initiatives (EDCI) for Luzerne County Public Safety Enhancement including an automated fingerprint identification system (AFIS) ; and

WHEREAS, pursuant to Section 5.07 of the Home Rule Charter of Luzerne County, County Council adopted the 2021 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 to the 2021 Fiscal Year budget.

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 ______, County Council hereby amends the following line item in the 2021 fiscal year budget in order to account for receipt of funds relative to the Economic Development and Community Development Initiatives Grant:

REVENUES:

Line Item – 100.12.4194.435.30 - PADCED - shall be increased by $50,000.00.

EXPENDITURES:

Line Item – 100.12.4194.590.32 – Non-Governmental Units - shall be increased by $50,000.00.

Page 1 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 36 of 62

SECTION THREE. Remainder of Budget.

All other line items in the 2021 Fiscal Year Luzerne County Budget shall remain unchanged.

SECTION FOUR. Effective Date.

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

ROLL CALL VOTE

LUZERNE COUNTY COUNCIL

______Tim McGinley, Chair ATTEST: ______Sharon Lawrence, ______Clerk to County Council Chris Perry, Vice-Chair

Page 2 of 2 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 37 of 62 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA Ordinance to adopt a new Luzerne County Zoning DATE NUMBER Ordinance and a Resolution to adopt the fee schedule. Dept: Planning Department Contact: Matthew C. Jones, Executive Director Phone: 570-825-1560

SUMMARY:

The Luzerne County Zoning Ordinance (“the Ordinance”) was first adopted December 16, 1964 with the last major amendment completed in the 1980s and minor text revisions in 2011-2012 to accommodate the change to the current County structure. Significant changes in society combined with rapid technological change present the County with applications for uses that did not exist when the last major update was completed. The purpose of this proposed Ordinance is to address these shortcomings and to provide greater clarity and flexibility for users and residents.

FINANCING:

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

DISCUSSION:

The proposed Ordinance provides for more flexibility on the part of property owners in residence districts when it comes to the placement of accessory use structures by allowing such structures in side yard areas as well as rear yards. Over the years, many residents have had to go through the laborious process of securing a variance for placing accessory structures in these yards. Interest has been expressed to provide leniency in this regard, and no opposition to this change has been expressed by the public. There is an expanded ‘Definitions’ section, with illustrations provided to provide greater clarity to users. New standards for development in environmentally sensitive areas are also provided. Standards for buffer zones between commercial/industrial and residence zones are included in the proposed Ordinance.

The existing Ordinance has served the County well, but does not contain provisions for several uses that either did not exist or were just emerging at the time of the last major amendment to the Ordinance. Examples of such uses include: solar and wind energy systems, wireless internet (Wi-Fi) systems, and medical marijuana growing/processing facilities and dispensaries. In addition, Federal flood plain regulations have changed significantly and the Ordinance needed to change as well.

Zoning district abbreviations are revised so the districts are more easily distinguished on the Zoning Map. The Zoning Map, itself, is not proposed to be changed with this text so property owners will not be faced with changes to their property’s zoning classification. The proposed Ordinance does create a new zoning district of Mixed Residential Business (MRB)

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 38 of 62 Luzerne County Council Agenda Submittal BRIEF SUMMARY OF ITEM TITLE Date: COUNCIL MEETING DATE REQUESTED - Page 2

District. This district recognizes that significant changes to the County’s major roadways have occurred since the Zoning Map was created in the 1960s. An example is Union Street through Pringle and Luzerne Boroughs, the former State Route 309 at the time of the original Map. Consistent with both the County Land Use Plan and zoning practice at the time, these properties were zoned B-3, Highway Business. Now, since the development of the Cross- Valley Expressway, this stretch of Union Street is a roughly equal mix of light commercial and residential use properties less traversed than in the 1960s. The intent of directing future commercial use to that area that was the basis for the original Map is no longer appropriate. The new MRB district will enable the Map to be amended going forward should the local municipalities wish to pursue this course with the County. There will be similar opportunities in other municipalities under County jurisdiction. U.S. 11 in Avoca is one such example, as U.S. 11 no longer carries significant through traffic since the construction of Interstates 81 and 476. Main Street in Glen Lyon is another, as this area no longer sees the traffic that had been associated with anthracite coal mining. The benefit to residential property owners in these locations is that these owners will no longer have to seek variance approvals to place swimming pools and other residential use accessories afforded to owners literally a block away simply because their property is located in a zoning district that does not permit residences as a use by right.

The existing Ordinance has included the fee schedule for permits, zoning applications, and related fees as part of the language of the Ordinance. The proposed Ordinance provides for the fee schedule to be set by resolution of County Council, eliminating the need to formally amend the Ordinance each time the County determines that a change to the fee schedule is warranted. The Resolution that accompanies the proposed Ordinance maintains the current fee schedule.

The Ordinance sets forth the procedure for a change to the Zoning Ordinance 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.

The Planning Commission has met over the course of 2019-2020 to consider the proposed text for this new Ordinance and, at a duly advertised public hearing on September 10, 2020, voted to recommend approval of this Ordinance 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 new Ordinance and the Resolution to adopt the fee schedule shall be adopted and go into effect.

ALTERNATIVES:

The County Council may choose to deny the proposed Ordinance and Resolution. The existing Ordinance will remain in effect and the County Zoning will be administered accordingly.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 39 of 62 Luzerne County Council Agenda Submittal BRIEF SUMMARY OF ITEM TITLE Date: COUNCIL MEETING DATE REQUESTED - Page 3

OTHER AGENCY INVOLVEMENT:

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

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 40 of 62 No. 2021- ______

ORDINANCE An Ordinance of Luzerne County Council Adopting the Luzerne County Zoning Ordinance of 2021 and the Luzerne County Zoning Map of 2021.

WHEREAS, the Luzerne County Planning & Zoning Department, in consultation with the Luzerne County Planning Commission undertook a review of the existing Luzerne County Zoning Ordinance with the objective of ensuring that the County’s zoning regulations continue to promote, protect and facilitate the public health, safety, and general welfare of the residents of Luzerne County; and WHEREAS, at a duly advertised public meeting held on September 10, 2020, the Luzerne County Planning Commission reviewed the proposed Zoning Ordinance and the Zoning Map and voted to recommend approval; 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 Zoning Ordinance of 2021 and Zoning Map of 2021 on ______; and WHEREAS, Luzerne County Council believes it is in the best interest to approve the Luzerne County Zoning Ordinance of 2021 and the Luzerne County Zoning Map of 2021. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE LUZERNE COUNTY COUNCIL: The Luzerne County Zoning Ordinance of 2021 and the Luzerne County Zoning Map of 2021 shall be adopted.

This Ordinance shall become effective fifteen (15) days after adoption. ADOPTED at a meeting of the Luzerne County Council held on ______.

LUZERNE COUNTY COUNCIL

By:______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council By:______Chris Perry, Vice-Chair

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 41 of 62 Resolution No. ______of 2021 Zoning Fee Schedule

Whereas, Section 605 of the Luzerne County Zoning Ordinance of 2021 provides that the Luzerne County Council shall establish by resolution a schedule of fees, charges and expenses for zoning permits, certificates of zoning compliance, amendments to the Zoning Ordinance, Zoning Map and other matters pertaining to the administration of said ordinance.

Now, therefore, be it resolved by the County Council of Luzerne County that the following schedule of fees is hereby adopted:

Schedule of Fees

Application Type Fee

Residential New Construction $85 per dwelling unit

Commercial and Industrial New Construction * Commercial Industrial

Less than $50,000 $500.00 $ 750.00 $50,00- to $100,000 $800.00 $1100.00

For each additional $1,000, or portion thereof. over $100,000, an additional fee of $4/$1,000 $5/$1,000

Communications (Cell) Towers $1,000.00

Outdoor Advertisements $ 800.00

Other Principal Buildings/Uses (e.g. churches, schools, public uses) $90.00

Signs $85.00

Flood Plain Management

Additional fee for all permits under the requirements of Article 9 $100.00

Luzerne County Engineering Office fee, if review required under Article 9 is required $200.00

*No permit under this fee section shall exceed $25,000.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 42 of 62 Additions and Accessory Uses

Residential – Accessory Uses up to 300 Sq. Ft. $45.00 Residential – Accessory Uses between 301 Sq. Ft. and 800 Sq. Ft. $50.00 Residential – Accessory Uses greater than 801 Sq. Ft. and In-Ground Pools $60.00 Residential – Additions $60.00 Commercial $250.00 Industrial $450.00 All Other $90.00

Certificates of Zoning Compliance

Residential $40.00 Commercial, including Home Occupations $85.00 Industrial $250.00 Mining, Junkyards, Solid Waste Disposal, Waste Transfer Facility, Extraction/Storage of Gas and Oil, and Compressor Stations $1,500.00 All Others $70.00

Zoning Hearing Board Applications

Residential – Single Family Residences $210.00 Residential – Multiple Unit Structures $650.00 Commercial and Industrial $710.00 Home Occupation $375.00 All Other $200.00

Amendments to Zoning Map or Text $750.00

Planned Residential Developments $1,000.00

This Resolution shall become effective fifteen (15) days after adoption. ADOPTED at a meeting of the Luzerne County Council held on ______, 2021.

LUZERNE COUNTY COUNCIL By:______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council By:______Christopher Perry, Vice-Chair

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 43 of 62 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA US Government - Marine Corp Lease Renewal DATE NUMBER February 9, 2021 Work Session

Dept: Operational Services/Engineering Contact: Eddie O’Neill Phone: 570-237-1082

DEPARTMENTAL RECOMMENDATION: The Luzerne County Office of Engineering recommends Council approve a Resolution (Attachment A) authorizing the County Manager to execute the attached amendment and renewal to the lease agreement between Luzerne County and the U.S. Government – Department of Navy for the property located at 1118 Wyoming Avenue currently being used as the Marine Corp. Reserve Training Facility for the period October 1, 2020 through September 30, 2021. The quarterly lease payment is $11, 232.40 for a total payment of $44,929.60 for the term of the lease.

SUMMARY:

The U.S. Government currently leases the property located at 1118 Wyoming Avenue, Wyoming and is seeking to renew the lease for the period of October 1, 2020 through September 30, 2021.

FINANCING:

N/A

DISCUSSION:

The U.S. Government currently occupies property on Wyoming Avenue, being used as a Marine Corp. Reserve Training Facility under a lease dated October 1, 2018. The lease was structured as a one (1) year lease agreement with four (4) successive renewal periods to be optioned by the U.S. Government with 90-day written notice. The U.S. Government did not send notice to option the 2nd renewal period in the required 90-day time period. The U.S. Government wishes to option the 2nd renewal period and continue leasing the existing property for the period October 1, 2020 through September 30, 2021.

ALTERNATIVES:

The Council could choose not to adopt the resolution. This is not recommended as the U.S. Government is currently occupying the space and providing a fixed and steady revenue to the County through its lease payments

OTHER AGENCY INVOLVEMENT:

The Office of Law has reviewed the proposed amendment and renewal.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 44 of 62 Luzerne County Council Agenda Submittal U.S. Government Marine Facility Lease Amendment and Renewal Date: Work Session of February 9, 2021 - Page 2

ATTACHMENTS:

Attachment “A”: Resolution

Attachment “B”: Proposed Lease Renewal

Attachment “C”: Original Lease Agreement

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 45 of 62 RESOLUTION R-2021- LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Authorizing the County Manager to Amend and Extend the Lease Agreement Between Luzerne County and the United States Government for the Marine Facility located at 1118 Wyoming Avenue, Wyoming, Pennsylvania 18644.

WHEREAS, the Home Rule Charter, Section 2.09(B)(6,), Powers and Duties, 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 currently leases real property located at 1118 Wyoming Avenue, Wyoming, Pennsylvania 18644 to the United States Government for a Marine facility; and

WHEREAS, the United States Government notified Luzerne County of its desire to amend and exercise its renewal rights under the terms of the lease for said property; and

WHEREAS, the execution of the modification agreement would serve as a waiver of the ninety-day notification agreement and acceptance of the government’s written notice to accept the option to renew the lease amending the requirement in the lease agreement; and

WHEREAS, the lease would be renewed through September 30, 2021 subject to the terms within the lease agreement; and

WHEREAS, Luzerne County Council desires to also extend the lease agreement for the renewal term identified above; and

NOW, THEREFORE, BE IT RESOLVED, the lease for real property located at 1118 Wyoming Avenue, Wyoming, Pennsylvania 18644 to the United States government shall be extended until September 30, 2021 at the annual rate of $44,929.60; and

BE IT FURTHER RESOLVED, that Luzerne County Manager C. David Pedri shall have the authority to execute the lease agreement extension on behalf of Luzerne County.

This Resolution shall become effective six days after adoption.

ROLL CALL VOTE: AYES- NAYS-

ADOPTED at a meeting of Luzerne County Council held on ______, 2021.

LUZERNE COUNTY COUNCIL

By:______ATTEST: ______Luzerne County Council VotingClerk Sessionof Council March 09, 2021 AGENDA Page 46 of 62

______C. David Pedri, County Manager

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 47 of 62 Contract Number: (Dept., Division, FY, 11)

Authority:

County of Luzerne D County Manager Execute

Contract Review Worksheet D Council Approval Required

I. Dept. Name/ Account: Engineers' Office 2. Date: 2019-0305

3. Contract Administrator: Eddie O'Neill 4. Phone: 570-825-1608

5. Contract Attributes: ~ Original D Amendment/Change Order

Expenditure D Bid/RFP Required? Sole Source Contract? ~ Revenue Amendment/Change Order Number: N/A D YES~ NO D YES D NO D Intergovernmental D Personal/Professional Svcs Bid/RFP No: NIA Contract No: 1 D Purchase of Goods ~ Lease Date: Date: D Construction D Other Please attach copy of Bid/RFP or justification. Please attach copies of original/amendments.

Lease agreement between Luzerne County (lessor) and the US Department of the Navy (lessee) for the 6. Description of Contract: Marine Corp Training Facility property located at 1118 Wyoming Avenue, Wyoming, PA 18644.

EIN 7. Name of Contractor: United States Government- Department of the Navy 8. I SSN - - 9. Has County contracted with Contractor previously during this fiscal year? D YES ~ NO Please list County department if other than the department listed on number I above. 10. Effective Date: 2018-1001 I 11. Termination Date: 2023-0930 12. Contract Budget: 13 . Payment Terms: 14. Source of Funds:

Original Contract Amt: $ 44,929.60 Fed/State Grant: % Prepaid ~ D State Allocation: % Total of Previous Arrears D Monthly D $ 0 ~ County: % Amendments: ~ Quarterly D Progress Current Amendment: $ 0 ~ Fixed D Fed Catalog No: Other D Actual D Total Contract Amt $ 44,929.60 D Not To Ex State Agency: Division: 20 Description 15 . Fund: 100 430.10 16. Current Appropriation Sufficient? D YES D NO Dept.: 4176 Number: I 17. County Council Agenda Date, if required. Please attach agenda item. Resolution 2019-37 2019-0219

This agreement leases the property at the rate of $44,929.60/annum, with payments of $11,232.40 to be made 18. Remarks: quarterly in arrears. There is an option for 4 additional one-year renewals at the same rate/annum.

19. s~///ZA# y !°{-OYc>!J Dated Purchasing Director Dated c;r;iHM OJ IC,-oJo'5 f5i vision Hear I Dated j County Solicitor Dated f

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 48 of 62 U.S. GOVERNMENT LEASE FOR REAL PROPERTY

DATE OF LEASE LEASE NO. 10/01/2018 N40085-19-RP-00014 Ll-13479 THIS LEASE, made and entered into this date by and between

LUZERNE COUNTY

whose address is 200 NORTH RIVER ROAD WILKES-BARRE, PENNSYLVANIA 18711 and whose interest in the property hereinafter described is that of OWNER, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:

WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agrees as follows: 1. The lessor hereby leases to the Government the following described premises:

Approximately 3.19 acres of land as being part of parcel No. 1 of premises conveyed to the County of Luzerne, by the City of Wiles-Barre, by deed dated the 3rd day of May 1949 and further identified by written legal description and suNey attached hereto and made part hereof as Exhibits (A) and (B). ·

The GOVERNMENT has previously constructed on said land one (1) building containing a total of approximately 21,604 square feet of usable floor space together with improvements, including approximately 3,793 square yards of paved parking area, in accordance with Lease NOm-69675 between the County of Luzerne and the United States of America, dated December 28, 1956, amended February 4, 1957, and expired on June 30, 2007, which shall hereinafter be referred to as the IMPROVEMENTS. The premises and IMPROVEMENTS are

to be used for government purposes.

2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on

10/01/2018 through 09/30/2023 , subject to1te.rmination and renewal rights as may be hereinafter set forth.

3. The Government shall pay the Lessor annual rent of$ 44,929.60

at the rate of$ 11,232.40 per Quarter in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: County of Luzerne. Rent will be paid by ELECTRONIC FUNDS TRANSFER in accordance with GSAR 552.232-76. 4. The Government may terminate this lease at any time by giving at least 90 days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing.

5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: Renewal 1 (10/1/2019 - 9/30/2020) $44,929.60/annum; payable at the rate of $11,232.40/quarterly in arrears; Renewal 2 (10/1/2020 - 9/30/2021) $44,929.60/annum; payable at the rate of $11,232.40/quarterly in arrears; Renewal 3 (10/1/2021 - 9/30/2022) $44,929.60/annum; payable at the rate of $11,232.40/quarterly in arrears; Renewal 4 (10/1/2022 - 9/30/2023) $44,929.60/annum; payable at the rate of $11,232.40/quarterly in arrears. provided notice be given in writing to the Lessor at least 90 days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing ..

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 2 (REV. 6/2003) Previous edition Is not usable Prescribed by GSA- FPR (41 CFR) 1-16.601

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 49 of 62 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:

NO UTILITIES OR SERVICES WILL BE PROVIDED BY THE LESSOR.

LOA: AA 1791107 BSS12326786106744320 M26382 XWXW9RCW1909 $44,929.60

7. The following are attached and made a part hereof: The General Provisions and Instructions Exhibit (A): Written Legal Description of Property Exhibit (B): Survey of Property Exhibit (C): Additional Provisions ; .. s.=i.' Exhibit (D): General Clauses (GSA Form 3517A, Rev. 06/2016)

8. The following changes were made in this lease prior to its execution: N/A .¥ --·:'.,..

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR SIGNATURE

NAME OF SIGNER

SIGNATURE

NAME OF SIGNER NAME OF SIGNER

UNITED STATES OF AMERICA SIGNATLIRI'" NAME OF SIGNER AMANDA R. M. PACK OFFICIAL TITLE OF SIGNER Real Estate Contracting Officer By Direction of the CO

STANDARD FORM 2 (REV. 6/2 003) BACK

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 50 of 62 LEGAL DESCRIPTION

FOR TH~ DEPARTMENT OF THE NAVY

OF A LEASE AREA

LOCATED IN LVZERN~ COUNTY PENNSYLVANIA

All of H1at part or portion of a parcel of land located on the south side of Wyoming Avenue ( VS iloutc 11 vlso l

Beelnnir,lJ for rh,:, same at nn iron pipe, found at the northeast comer of the jforcsaid parcel and lease area Jnd on :he ~outh side oiWyomin(l S,m11t. beinB the flrs,orsou,h ,19 de&ree 30 minute e~st 2,387.SS !ovl line of the aforementioued Uber 1279 folio 59. and bindln& upon 5aid line, refcning all courses 2110 dis:;inces to the Pennsylvania North Coordinate system (NAO 83 / NSRS '.2007). as no·n surve'{ed, thence from the Point Of Beginning;

1) Sollth S2 degrees 01 minutes 43 second~ East 399.47 feet to a concrete monument set, feavine;

said line and crossins ioto said parcel, thence; 2} Sou!l1 6b degrees 11 minutes 17 Seconds West 491.13 feet to a rl!bJr set, thence;

3) North 23 degrees 48 minutes 43 seconds West 2.98.13 fceno a concrete monument set, thenet); ,l) North M degrees o:t minu~s 49 seconds (ast 20.87 feet to a concr1.1te monument set, thence;

5) North 2_,, decrees 46 minutes 11 seconds West 53.lO feet to a con~rete monument set or1 t11c fifth or North 68 degrees 43 minutes East 1,85~.37 toot line of the afori>mentloncd deed, tMnce b,ndlnfl upon sai::1 line; _J ._G):.. North 66 dcer~cs 11 rninutcs 17 seconds is2.2a feet 1c the point of beginning.

, 'c~h~a,ning 13$,543 ~qoar,:, f,et,\ or 3.1805 ~cr,i~ or land, more or li;is.

;__.: l'rcp3red by Grei;ory Kins, L.5. Ponnsylv;ini~ Profcs,;toMI Land Surveyor No. SU-0$00~3-E WHITMAN REQUARDT I\NOASSOOATES, LLP

!Exhibit (A)

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 51 of 62 ~ ..... / -~ ..... ·:.' ;~· ·.-·· .....

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Exhibit {BJ

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 52 of 62 RESOLUTION R-2019-37 LUZERNE COUNTY COUNCIL

A Resolution ofthe Luzerne County Council to Extend the Lease with the United States Government for Property Located on Route 11/Wyoming Avenue, Wyoming Borough

WHEREAS, the Home Rule Charter, Section 2.09(B)(6.), Powers and Duties, 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 Route 11/Wyoming Avenue, Wyoming Borough to the United States Government; and

WHEREAS, the United States Government notified Luzerne County of its desire to exercise its renewal rights under the terms of the lease for said property; and

WHEREAS, the lease would be renewed until September 30, 2020 subject to the terms within the lease agreement; and

WHEREAS, Luzerne County Council desires to also extend the lease agreement for the renewal term identified above.

NOW, THEREFORE, BE IT RESOLVED, the lease for real property located on Route 11/Wyoming Ave, Wyoming Borough to the United States government shall be extended until September 30, 2019 at the arurnal rate of $44,929.60.

BE IT FURTHER RESOLVED, that Luzerne County Manager C. David Pedri shall have the authority to execute the lease agreement extension on behalf of Luzerne County.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of Luzerne County Council held on Febrnary 19, 2019.

ROLL CALL VOTE (10-0) YES: Haas, Houck, Kelleher, McGinley, Peny, Saidman, Schnee, SA Urban, Vough and Waitkus

LUZERNE COUNTY COUNCIL

By: 4 f's,,,_l Tim McGinley, Chair

LUZERNE COUNTY MANAGER

(<::.-1 /~ 't. I . . V111. • • By: , ,.~t(ti r.1:_v C. Dav1d-'Pedn, Esq., County Manager

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 53 of 62 0MB Approval 2700-0042

11. CONTRACTID CODE OF PAGES IPAG~ AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I 1 2. AMENDMENT/MODIFICATIONNO . 13.EFFECTIVE DATE 4. REQUISITION/PURCHASEREQ. NO. -15'PROJECT NO. (If applicable) 002 1 October 2020 6. ISSUED BY CODEI AM15-KW 7. ADMINISTEREDBY (I/other than I/em 6) CODEl Commanding Officer Naval Facilities Engineering Command Mid-LANT 9324 Virginia Avenue Norfolk, Virginia 23511-3095 8. NAME AND ADDRESS OF CONTRACTOR(No . Street. county, State and ZtP: Coda} '---(!!I) 9A. AMENDMENTOF SOLICITATIONNO. Luzerne County 200 North River Road Wilkes-Barre, Pennsylvania 18711 98. DATED(SEE ITEM 11)

10A. MODIFICATIONOF CONTRACT/ORDERNO . DUNS#: 060513058 TIN#: 24-6000-731 CAGE#: 34UN9 N40085-19-RP-00014 108. DATED (SEE ITEM 13) CODE IFACILITY CODE 1 October 2018 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0 The above numbered solicitation Is amended as set forth In Item 14. The hour and date specified for receipt of Offers D Is extended, D Is not extended. Offers must acknowledge receipt of this amendment prior lo the hour and date specified In the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submllled; or (c) By separate letter or telegram which Includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENTTO BE RECENED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submllled, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and Is received prior lo the opening hour and data specified.

12. ACCOUNTINGANDAPPROPRIATIONDATA(/frequired) MARFORRES FY-21 FUNDING RESERVATION REQUEST (PTP) received 15 July 2020. Funding authorization provided in anticipation of the enactment of a FY-21 Dept of Defense Appropriation Act or Continuing Resolution Authority and is subject to all provisions of that Act or Continuing Resolution Authority.

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. -(m A THIS CHANGEORDER IS ISSUED PURSUANTTO: (Specify authority) THE CHANGESSET FORTH IN ITEM 14 ARE MADE IN THE CONTRACTORDER NO. IN ITEM 10A. 8. THE ABOVE NUMBEREDCON TRACT/ORDER IS MODIFIED TO REFLECTTHE ADMINISTRATNE CHANGES (such as changes In paying office, appropriation data, etc.} SET FORTH IN ITEM 14, PURS_UANT TO THE AUTHORITYOF FAR 43.103(b). C. THIS SUPPLEMENTALAGREEMENT IS ENTEREDINTO PURSUANTTO AUTHORITY OF: X NAVFAC P-73 Real Estate Procedural Manual D. OTHERSpecify type o/ modification and aulhorily)

E. IMPORTANT: Contractor D is not, X is required to sign this document and return _1_ copies to the issuing office. 14. DESCRIPTIONOF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitalionlcontract subjec/ matter where feasible.} 1. In accordance with Paragraph No. 5 of Lease N40085-19-RP-00014, as amended, and dated 1 October 2018, the lease is renewed for the period of 1 October 2020 through 30 September 2021. In accordance with Paragraph 5 of Lease N40085-19-RP-00014, rent for this period is $44,929.60/annum; payable at the rate of $11,232.40/quarterly in arrears. 2. Execution of this modification agreement serves as a waiver of the 90-day notification requirement and acceptance as the Government's written notice to exercise the option to renew for the term 1 October 2020 through 30 September 2021. Copy to MARFORRES FAC

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) JOHNS. CORRELL, Real Estate Contracting Officer 158. CONTRACTOR/OFFEROR 15C. DATE SIGNED 168. UNITED STATES OF AMERICA 16C. DATE q/'3/20 /Signature of person authorized to sign)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83) PREVIOUS EDITION UNUSABLE ComputerGenerated Prescnbedby GSA FAR (48 CFRJ 53.243 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 54 of 62 COUNTY COUNCIL OF LUZERNE COUNTY, PENNSYLVANIA RESOLUTION R-2021- ____ A Resolution of the Luzerne County Council Declaring a Vacancy on the Luzerne County Cares Commission

WHEREAS, the Luzerne County Home Rule Charter establishes procedures, qualifications, and restrictions for appointments to Luzerne County Authorities, Boards, and Commissions; and

WHEREAS, the Luzerne County Home Rule Charter Section 8.01 establishes that “Any new board or commission established by County Council shall be by ordinance” and WHEREAS, On March 10, 2020 County Council adopted Ordinance 2020-03 which created a County Cares Commission; and WHEREAS, Section 8:02 (C ) states “The terms of office of members of County boards and commissions shall be as established by this Charter, the Administrative Code, other County ordinance, or applicable law for the specific board or commission. ; and WHEREAS, the Luzerne County Home Rule Charter Section 2.04 provides that no member of County Council shall serve as a member of any County authority, board, or commission; and WHEREAS, Section 2:10 (F) of the Administrative Code states “The by-laws of each Board and Commission shall conform to the Home Rule Charter and to the Policies and Procedures approved by Council”; and WHEREAS, all members of the Luzerne County Boards, Authorities and Commissions are required to take an take an oath of office prior to serving on the Board, whereby they pledge to uphold the Luzerne County Charter; and

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 55 of 62

WHEREAS, on June 9, 2020 a majority of Luzerne County Council voted Resolution 2020-62, 2020-63 and 2020-64 to appoint elected county council members, Matthew Vough, Chris Perry and Kendra Radle, to the County Cares Commission, according to the County Cares Commission bylaws, which were not adopted or passed by the Commission until August 3, 2020; and WHEREAS, Section 2:04 clearly states “During his/her term of office, no member of County Council shall hold any other elective public office, serve as a County employee, serve as a member of any County authority, board, or commission except as may be provided for in this Charter or applicable law”, and

WHEREAS, the Luzerne County Home Rule Charter Section 8.02.H states H.” Except to the extent that this Charter or applicable law may require or permit an elective County official or County employee to serve on a board or commission, no member of any County board or commission shall hold any elective County office or serve as a County employee, and no member of any County board or commission shall be employed or compensated by any individual or business serving as a contractor to the County or any County authority, board, or commission, or serve as a paid consultant to the County or any County authority, board, or commission”.

NOW THEREFORE, BE IT RESOLVED, by the Luzerne County Council, that the elected officials on the Luzerne County Cares Commission heretofore filled by Councilman Matthew Vough, Councilman Chris Perry and Councilwoman Kendra Radle, now be declared vacant due to direct violation of Section 8:02 (H) of the Luzerne County Home Rule Charter.

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 56 of 62

IN WITNESS WHEREOF, the present Resolution has been duly adopted this ____day of ______, in duly advertised and convened public session This Resolution will become effective in 6 days from adoption Adopted by Luzerne County Council on ______, 2021. LUZERNE COUNTY COUNCIL By:______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council By:______Chris Perry, Vice-Chair YEAS NAYS Walter Griffith Harry Haas Linda Houck LeeAnn McDermott Tim McGinley Chris Perry Kendra Radle Sheila Saidman Robert Schnee Stephen Urban Matt Vough

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 57 of 62 RESOLUTION R-2021-_____ LUZERNE COUNTY COUNCIL

A Resolution by Luzerne County Council Declaring a Vacancy on the Luzerne County Blighted Property Review Committee

WHEREAS, Andrew Holter had been appointed to fill a seat on the Luzerne County Blighted Property Review Committee; and

WHEREAS, Mr. Holter submitted a letter of resignation regarding his seat on the Luzerne County Blighted Property Review Committee; and

WHEREAS, Section 11.06 of the Luzerne County Home Rule Charter provides that whenever facts or circumstances result in a vacancy as defined in the Charter or applicable law in any County authority, board or commission, County Council shall declare such seat vacant by resolution adopted by an affirmative vote of at least a majority of its current members and announce its intent to fill the seat on the respective board, authority or commission; and

WHEREAS, Luzerne County Council desires to declare a vacancy of a seat on the Luzerne County Blighted Property Review Committee.

NOW, THEREFORE, BE IT RESOLVED that Luzerne County Council declares a vacancy on the Luzerne County Blighted Property Review Committee due to the resignation of a member and Council will fill the member seat in accordance with Article 8.02 of the Luzerne County Home Rule Charter.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of the Luzerne County Council held on March 09. 2021.

ROLL CALL VOTE ( ) YES: NO:

LUZERNE COUNTY COUNCIL

By: ______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council LUZERNE COUNTY MANAGER

By: ______C. David Pedri, Esq., County Manager

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 58 of 62 Luzerne County Council Voting Session March 09, 2021 AGENDA Page 59 of 62 RESOLUTION R-2021-____ LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Appointing a Member to the Luzerne County Board of Elections and Registration

WHEREAS, Section 8.02(A) of the Luzerne County Home Rule Charter (the “Charter”) provides that except as may otherwise be provided for in the Charter, the Administrative Code, or applicable law, all members of County boards and commissions shall be appointed by resolution of County Council adopted by an affirmative vote of at least a majority of its current members; and

WHEREAS, Section 8.04 of the Luzerne County Home Rule Charter sets forth the parameters for appointments to the Board of Elections and Registration; and

WHEREAS, there exists a vacancy on the Board of Elections and Registration due to the resignation of a member; and

WHEREAS, County Council wishes to appoint ______, a Democrat, to complete a term expiring 12/31/2021, consistent with Section 8.04 of the Charter.

NOW, THEREFORE, BE IT RESOLVED, the County Council appoints ______, a Democrat, to the Luzerne County Board of Elections and Registration with such appointment to remain effective until 12/31/2021, or until the appointment is declared vacant by County Council pursuant to Section 11.06 of the Charter.

BE IT FURTHER RESOLVED, ______shall be sworn in and take an Oath prior to sitting on the Luzerne County Board of Elections and Registration and voting on Board business.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of the Luzerne County Council held on March 09, 2021.

ROLL CALL VOTE ( ) YES: NO:

LUZERNE COUNTY COUNCIL

By: ______Tim McGinley, Chair

Attest:______Sharon Lawrence, Clerk of Council LUZERNE COUNTY MANAGER

By: ______C. David Pedri, Esq., County Manager

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 60 of 62 RESOLUTION R-2021-____ LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Appointing a Member to the Luzerne County Board of Elections and Registration

WHEREAS, Section 8.02(A) of the Luzerne County Home Rule Charter (the “Charter”) provides that except as may otherwise be provided for in the Charter, the Administrative Code, or applicable law, all members of County boards and commissions shall be appointed by resolution of County Council adopted by an affirmative vote of at least a majority of its current members; and

WHEREAS, Section 8.04 of the Luzerne County Home Rule Charter sets forth the parameters for appointments to the Board of Elections and Registration; and

WHEREAS, there exists a vacancy on the Board of Elections and Registration due to Luzerne County Council action; and

WHEREAS, County Council wishes to appoint ______, a Republican, to complete a term expiring 12/31/2021, consistent with Section 8.04 of the Charter.

NOW, THEREFORE, BE IT RESOLVED, the County Council appoints ______, a Republican, to the Luzerne County Board of Elections and Registration with such appointment to remain effective until 12/31/2021, or until the appointment is declared vacant by County Council pursuant to Section 11.06 of the Charter.

BE IT FURTHER RESOLVED, ______shall be sworn in and take an Oath prior to sitting on the Luzerne County Board of Elections and Registration and voting on Board business.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of the Luzerne County Council held on March 09, 2021.

ROLL CALL VOTE ( ) YES: NO:

LUZERNE COUNTY COUNCIL

By: ______Tim McGinley, Chair

Attest:______Sharon Lawrence, Clerk of Council LUZERNE COUNTY MANAGER

By: ______C. David Pedri, Esq., County Manager

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 61 of 62 RESOLUTION R-2021-____ LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Appointing a Member to the Luzerne County Board of Elections and Registration

WHEREAS, Section 8.02(A) of the Luzerne County Home Rule Charter (the “Charter”) provides that except as may otherwise be provided for in the Charter, the Administrative Code, or applicable law, all members of County boards and commissions shall be appointed by resolution of County Council adopted by an affirmative vote of at least a majority of its current members; and

WHEREAS, Section 8.04 of the Luzerne County Home Rule Charter sets forth the parameters for appointments to the Board of Elections and Registration; and

WHEREAS, there exists a vacancy on the Board of Elections and Registration due to Luzerne County Council action; and

WHEREAS, County Council wishes to appoint ______, a Republican, to complete a term expiring 12/31/2023, consistent with Section 8.04 of the Charter.

NOW, THEREFORE, BE IT RESOLVED, the County Council appoints ______, a Republican, to the Luzerne County Board of Elections and Registration with such appointment to remain effective until 12/31/2023, or until the appointment is declared vacant by County Council pursuant to Section 11.06 of the Charter.

BE IT FURTHER RESOLVED, ______shall be sworn in and take an Oath prior to sitting on the Luzerne County Board of Elections and Registration and voting on Board business.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of the Luzerne County Council held on March 09, 2021.

ROLL CALL VOTE ( ) YES: NO:

LUZERNE COUNTY COUNCIL

By: ______Tim McGinley, Chair

Attest:______Sharon Lawrence, Clerk of Council LUZERNE COUNTY MANAGER

By: ______C. David Pedri, Esq., County Manager

Luzerne County Council Voting Session March 09, 2021 AGENDA Page 62 of 62