LUZERNE COUNTY COUNCIL WORK SESSION Video/Teleconference via TEAMS April 13, 2021
IMMEDIATELY FOLLOWING VOTING SESSION
CALL TO ORDER
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
ADDITIONS TO/DELETIONS FROM WORK SESSION AGENDA
ADOPTION OF WORK SESSION AGENDA
AGENDA ITEMS-COUNTY MANAGER 1. Receive and discuss Monthly Division Reports for March 2021 ...... pages 1-25 2. Discussion regarding resolution Approving the Settlement of Pending Litigation in the Matter of Leonard D. Omolecki, Jr. v. Luzerne County………….…….pages 26-27 3. Discussion regarding resolution Authorizing Luzerne County to apply for a Redevelopment Assistance Capital Program (RACP) Grant on behalf of Embark Behavioral Health (Embark) / Change Academy Lake of the Ozarks (CALO) Programs…………………………………………………………………………………….……………pages 28-45 4. Discussion regarding resolution Providing Tax Exemption for New Construction in Deteriorated Areas under the Local Economic Revitalization Tax Assistance Act (Bluecup Ventures LLC)………………………..…………………….…………..pages 46-72 5. Discussion regarding resolution Authorizing the County Manager to Execute a Lease Agreement between Luzerne County and Luzerne County Domestic Relations for premises located at 113 West North Street, Wilkes-Barre, Pennsylvania, 18711...... pages 73-88 6. Discussion regarding resolution Authorizing the County Manager to Execute a Contract with Thomson Reuters for Westlaw Legal Research Software……….……pages 89-91
AGENDA ITEMS-COUNTY COUNCIL 7. Discussion regarding resolution to Abate Delinquent Luzerne County Taxes for the Property Located at 1206-1208 South Prospect Street, City of Nanticoke (PIN: 42-J7SE4-006-003-000)…………………………………………..……..pages 92-112 8. Discussion regarding Procedure to Purchase County Owned Properties…………..pages 113-118 9. Discussion regarding Letter of Support request from Freeland Borough…………..pages 119-121 10. Discussion regarding resolution regarding “convenience fee”…………………………..pages 122-123
PUBLIC COMMENT This is an opportunity for members of the public to address the Council on matters 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 COUNTY MANAGER C. DAVID PEDRI, ESQUIRE
COUNTY of LUZERNE P E N N S Y L V A N I A E S T A B L I S H ED 1 7 8 6
Division Head Summary March 2021
Division of Administrative Services
COMMUNITY DEVELOPMENT The Department has worked on the following HUD plans they currently administer: 2020 Amendment was submitted to include the third round of CDBG-CV funding. 2018 Amendment was submitted to include projects for Hanover Township, White Haven library, Luzerne Borough, Kingston Borough, and the Fernwood Music Camp in Butler Township.
2020 CAPER performance report was submitted on March 29th. It will demonstrate the Department has funded over $8.8 million in projects during 2020.
I.T. DEPARTMENT The Department Manager conducted interviews for the vacant IT Security Analyst position and a new candidate will be selected during the first week in April. The Annex computer room HVAC system was replaced and the new fiber run was completed from the Elections Office to Elections warehouse. Finally, Countywide Cybersecurity training will be scheduled and classes will begin in late April.
HUMAN RESOURCES The Department completed 2 new employee orientation classes for 15 employees and completed paperwork on 22 new hires during the month. The Department also finalized and implemented a Leadership tool kit program for supervisory/manager employees in the County.
LICENSING The Department issued 2,108 dog licenses, 36 Bingo and Small Games of Chance permits and 17hunting/fishing items.
GIS/MAPPING The Department assisted the Flood Protection Authority on an issue with Duryea Borough and continues to work with the Assessor’s Office to improve interdepartmental data integration.
______Luzerne County Courthouse • 200 N. River Street • Wilkes-Barre, PA, 18711 Phone: (570)825-1635 Fax: (570)820-6362 Email: [email protected]
Luzerne County Council Work Session April 13, 2021 AGENDA Page 1 of 123 PURCHASING For the month of March, 2021, the Department processed 185 purchase orders and verified and posted 1,000 invoices against related purchase orders in New World. The Department also advertised 30 Bids/RFP’s during the month.
ELECTION BUREAU The Election Bureau continued to prepare for the 2021 primary election. Polling place locations are being confirmed and Judges of Elections and their boards. Ballot preparation began and final ballot submittal to the DOS and the Elections Board will be in April.
CONVENTION & VISITORS BUREAU The Department submitted 2 grant applications through the Pennsylvania Wine Marketing & research board and the Malt & Brewed beverage industry promotion board. The Department created the River Common page on the County website.
Division of Budget & Finance
2020 Audit Update: The 2020 audit is in process. Baker Tilly is scheduled for an entirely remote audit at this time. Budget and Finance is following the deliverable schedule via Huddle. This is the online portal used by the outside audtiors. April begins the fieldwork stage which is reviewing transactions, entries and details vs the pre-fieldwork of building debt schedules, bank statements and reconciliation and general internal controls.
Real Estate Tax Update: Tax Collection at the end of March is $23,268,099, this represents $19.9% of the yearly budget. March 2020 year to date was $20,669,390, this represents a collection percentage of 18.03%. Budget and Finance anticipates the totals to be near budget.
PCARD RFP: Approximately 40 vendors are currently signed up for the PCARD program. Approximately 20 were signed up with the previous vendor. We continue to work to inquire with any new vendors added to the County.
New Grants Agenda Submittal: As of the end of March, new funding including the $114 million have been discussed but no funds yet or a formal advance notice of new funds have been received. County Administration has already been on two calls related to our $114 million share of the funds but receipt and guidelines will be out soon but no definite dates were given. Budget and Finance will keep Council informed of updates regarding these funds.
2021 Investment Update: County is hoping to invest in May-June timeframe but it is dependent on tax revenue and cash flow which is ever changing in this Covid-19 environment.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 2 of 123 Division of Corrections
The total average daily population of the Main Facility and Minimal Offenders Unit for the month of March 2021 was 434.3 The ADP (AVG. Daily Population) of the Main Facility was 367.0 (5.5% Increase from February) and the Minimal Offenders Unit was 67.3 (12.8% Decrease from February).
**All averages as of the end of 3/30/2021**
During the month of March there were a total of 280 bookings: 231 males and 49 females. Below is a table of their commitment status.
FEMALES MALES
COURT ARRAIGNMENT (BAIL) 15 COURT ARRAIGNMENT 96 CAPIAS (BENCH WARRANT) 20 CAPIAS 49 HOLD FEDS 0 HOLD FEDS 2 FUGITIVE 0 FUGITIVE 7 SENT NON SUPP 0 SENT NON SUPP 2 HOLD OTHERS 6 HOLD OTHERS 23 SENT COUNTY PV 0 SENT COUNTY PV 0 P.V. COUNTY 1 P.V. COUNTY 6 P.V. STATE 0 P.V. STATE 1 REMANDED 5 REMANDED 15 SENTENCED COUNTY 2 SENTENCED COUNTY 9 SENTENCED STATE 0 SENTENCED STATE 4 SENTENCED SUMMARY 0 SENTENCED SUMMARY 0 STATE WORK RELEASE 0 STATE WORK RELEASE 0 TRANSFER FOR COURT 0 TRANSFER FOR COURT 15 SENTENCED WEEKENDERS 0 SENTENCED WEEKENDERS 2
SUBTOTAL FEMALES 49 SUBTOTAL MALES 231
The Table below shows the age of inmates committed during the month of March 2021.
Female Male Total 18 to 19 0 7 7 20 to 29 14 82 96 30 to 39 25 71 96 40 to 49 6 36 42 50 to 59 4 28 32 60 to 69 0 6 6 Less 18 0 0 0 70 + 0 1 1 TOTAL 49 231 280
During the month of March 2021, there were 267 releases, 220 males and 47 females. Luzerne County Council Work Session April 13, 2021 AGENDA Page 3 of 123
During this month, the Luzerne County Division of Corrections transport team made (2) trips to the PA Department of Corrections; (1) trip to SCI – Camp Hill delivered 6 male inmates and (1) trip to SCI-Muncy delivered 1 female inmate into PADOC custody.
Programming:
As of March 30, 2021 there are (0) male inmates and (0) female inmates participating in the county work release program due to COVID-19 precautions. Seven inmates are participating in the Pre-Work Release program. The Luzerne County Day Reporting Center is currently supervising an average of 60 participants that would otherwise be incarcerated in our facilities.
Our Corrections Counselors have had over 1643 one-on-one encounters with inmates providing them with guidance, programming information, and helping them to navigate the criminal justice system.
Medical Services: * As of March 29 2021*
Medical Intake Screening There were 305 patient Receiving and Screenings to be completed. 303/305 were completed within the recommended 8-hour protocol, for 99.34 %. 2 patients refused but were completed at a later date.
Health Assessments Health Assessments are to be completed within 10 days of incarceration and upon 1 year of incarceration. The number of available medical screenings for patients at intake were 112. 112 were completed within the recommended protocol of 10 Days for 100%. There were 0 Annual assessments completed.
Emergency Room Visits There were 5 patient emergency room visits for the month to date. Four inmates were transported by ambulance and 1 patient was transported by county vehicle.
Inpatient Hospitalization There was 1 inpatient hospitalization for the month. There were a total of 7 in-patient days.
Off Site Visits There were a total of 4 off site events in addition to the hospitalizations that resulted in approximately 340 additional hours of supervision and transport duty.
PPD PPD planted – 174/111 0 Positive 63 Released 7 to be read
Patient Encounters - Total Encounters – patient encounters for the month
Luzerne County Council Work Session April 13, 2021 AGENDA Page 4 of 123 Summary of Medical Services Provided *As of March 29, 2021*
Mental Health 94 Mental Health Sick Calls 23 Dental 20 Nurse Treatments 649 Nurse Sick Call Psychiatrist 131 Mental Health Segregation 189 Physicians Sick Calls 95 Rounds Medical Segregation Rounds 1283
Inmate Disciplinary:
During the month of March 2021 there were 52 inmate misconduct hearings in which 7 resulted in an appeal being requested. The charges are classified as follows:
CLASS I MISCONDUCT CHARGES 1. Felony, misdemeanor, summary offenses 2. Escape 3. Possession of contraband 5 4. Kidnapping, taking hostage or holding any person against his/her will 5. Destroying, altering, tampering with, or damaging property 5 6. Wearing a disguise or mask 7. Engaging in sexual acts with other, sodomy 8. Indecent Exposure 9. Engaging in or encouraging any group activity w/o prior approval of the Warden or designee 10. Disruption or interference with the security or orderly running of 30 the institution. 11. Failure to stand for count, interference with the count 3 12. Bribery 13. Threatening another inmate or other person with bodily harm, or 6 with any offense against his person, family, or property 14. Extortion, blackmail, protection, demanding, or receiving money or anything of value in return for protection against others to avoid bodily harm, or under threat of informing 15. Assault or fighting 13 16. Adulteration of any food or drink 17. Refusing to obey an oral or written order 14 18. Refusing to work or encouraging others to refuse to work 3 19. Unauthorized use of dangerous or controlled substances 2 20. Violating a condition of Pre-Release Program 21. Breaking restriction or quarantine 22. Possession or consumption of intoxicating beverages 23. Making fermented beverages 24. Lying to an employee 1 25. Gambling or conducting a gambling operation or possession of gambling paraphernalia Luzerne County Council Work Session April 13, 2021 AGENDA Page 5 of 123 26. Unauthorized use of mail or telephone 2 27. Conduct in violation or posted regulations 28. Presence in an unauthorized area 2 29. Loaning any property for profit 30. Using abusive or obscene language to any employee 9 31. Violation of Administrative Directives not specifically enumerated above 32. Possession of circulation of a petition 33. Repeat Class II Misconducts 34. Conspiracy to commit any Class I or Class II Misconducts 4 35. Failure to report presence of contraband 5 36. Hording of materials, keeping excessive amounts used for trading, borrowing, or resale (i.e. running a store) 37. Setting a fire, threatening to set a fire 38. Counterfeiting, forging, or unauthorized reproduction of an document 39. Gang markings, graffiti of any kind is strictly prohibited
CLASS II MISCONDUCT CHARGES 1. Body punching, horseplay 2. Taking unauthorized food from dining room, kitchen or officer’s mess 3. Tattooing or other forms of self-mutilation 4. Failure to report to work or unexcused absence from work 1 5. Loaning or borrowing property except legal material 6. Failure to follow safety and sanitation regulations regarding the 1 inmate’s person, quarters or equipment 7. Possession of any item not authorized for retention or receipt by the inmate not specified enumerated as Class I contraband - #3. Existence of Class I contraband – mitigating factors established as per #3 8. Any violations of a rule or regulation contained in the Inmate Handbook or Institutional Supplement not specified enumerated above
TOTAL OF MONTHLY MISCONDUCTS 106
Division of Human Services
Area Agency on Aging
Consumers served for the month of January: 305 Assessments 263 Congregate Meal Consumers 67 Protective Services 547 Home Delivered Meal Consumers
Children & Youth
Community Members served through Children & Youth
0 Walk in Clients Served
Luzerne County Council Work Session April 13, 2021 AGENDA Page 6 of 123 615 Calls Received in Screening Department 157 Calls Screened Out 299 Calls Provided Information & Referral Services: 202 New Reports assigned to GPS Intake for Assessment 59 New Reports of Child Abuse to Child Protective Services Intake Unit 24 Number of Field Screens 800 Approximately - Families being provided Protective Services in Ongoing units: 524 Children in Out of Home Placements 34 Number of children entering out of home placement 22 Number of children achieving permanency by returning home to parents, a relative or Adoption
Drug and Alcohol
Numbers of Units served in February 2021: Residential Withdrawal Management (Detox.) 40 Days Residential Short & Long Term Rehab 184 Days Halfway House 29 Days Partial Hospitalization 27 Days Outpatient Assessments 22 Outpatient Assessments Medically Assisted Treatment (MAT) 47 Active Methadone Clients Services Funded by the SCA/County Drug 10 Active Buprenorphine (Suboxone) & & Alcohol Offices. 3 Active Naltrexone (Vivitrol) Clients Luz/Wyo. SCA Case Management Unit 49 Completed Assessments/ 66 Scheduled Assessments 74% Show-Rate
Mental Health /Developmental Services
Community Members served through MH/DS Department 105 Voter Registration Opportunities 49 CSSH Luz. /Wyo. Count 1 CSSH Discharges 1 CSSH Referrals 1 CSSH Waiting List-Pending Adm. Date 95 302s Filed 40 Commitment Hearings 13 ID Referrals 2142 Supports Coordination Open Cases 80% Supports Coordination Billing 67 CASSP Mtg. 43 RTF Placements 0 CRR Group Home Placements (Youth) 1 CRR Host Home Placements (Youth)
Office of Human Services
The Office of Human Services through its Providers has served the following program clients:
HOMELESS ASSISTANCE SERVICES Bridge Housing 36 DVSC, Manna House, Transitional Case Management 160 CEO Rental Assistance 950 CEO Emergency Shelter 331 CSS- Mother Teresa’s, Divine Providence, VOA Ruth’s Place Luzerne County Council Work Session April 13, 2021 AGENDA Page 7 of 123
HUMAN SERVICES DEVELOPMENT FUND Home Delivered Meals 9 CEO Homemaker 0 CEO Housing 135 CEO Chore 0 Information & Referral 82,603 FAMILY SERVICES Outreach 0 PROJECT REMAIN
Veteran Affairs
Community Members served through Veteran Affairs Department
71 Number of persons who physically visited the office seeking assistance 832 Average Number of Phone Queries 84 Burial Applications for Government Issued Headstones, Federal Burial Assistance, and County Burial Benefit Processed 76 Federal Benefit Applications Processed for Disability Compensation, Non Service Connected Pension Benefits, Health Care Enrollment, GI Bill Benefits, VA Home Loan Guarantees, including New Applications, Supplemental Applications, and Submittal of Additional Evidence in support of claims 42 State Applications Filed – Tax Exemptions, Paralyzed Pension, Educational Gratuity, Veteran’s Temporary Assistance
Division of Judicial Services and Records
CORONER
Coroner views: 144 coroner views were conducted by staff including contract deputies to date for March 2021. • There were 119 coroner views for March 2020. Coroner view comparison year to date: • 2020 March year to date: 383 • 2021 March year to date 649 (Death index at 651, approx. 2 reports are pending submission) • There were approximately 16 COVID-19 Deaths Reported in the month of March 2021. Removals: 32 removals to morgue. • There were 32 removals to the morgue in March 2020. Autopsies: 8 this month. 29 total for the year. Toxicology: 28 toxicology kits were mailed. Cremations: 194 cremation permits were issued with a fee of $ 60.00 per permit. • Year to Date total: 746 Cremation Permits issued. Burials: 3 with 1 pending. 5 total for the year. Overdoses Toxicology Confirmed: 14 This Month Year to date overdoses—37 confirmed. • There are 23 pending. • There were 14 Drug overdose drug deaths and 29 confirmed year to date for March 2020. Suicides: 3 in March, 8 total for year
Luzerne County Council Work Session April 13, 2021 AGENDA Page 8 of 123 Motor Vehicle: 4 in March, 9 Total for Year
Homicides: 0 homicides for March 2021, 7 total for the year of 2021
RECORDER OF DEEDS/REGISTER OF WILLS
The Recorder of Deeds/Register of Wills Office recorded/filed 6,025 documents during this time for a total of $277,898.55 in county fees and commissions. Some highlights of these recordings/filings are:
79 marriage licenses issued with county generated fees of $2,330.50 813 deeds recorded with fees and commissions of $58,484.55 254 new estate probates opened with county generated fees of $71,095.00 31 additional probate fees collected for county fees of $10,160.00 792 new mortgages recorded with county fees of $58,463.00 1,053 satisfaction of mortgages recorded with county generated fees of $37,263.00 291 assignments of mortgages recorded with county generated fees of $12,278.00 46 new and/or renewal of notary publics were sworn in with county generated fees of $1,035.00 The remainder 2,666 recorded/filed documents and $26,789.50 in fees is for a variety of miscellaneous documents
The Office collected a total of $192,032.40 in fees and services.
The Office collected $20,956.00 for the Housing Trust Fund and $6,656.00 for the County Archives/Record Improvement Fund.
In addition, the Office collected and distributed a total of $4,629,440.15 as follows:
$747,230.45 to the Commonwealth in PA Realty Transfer Tax $849,157.75 to the municipalities and school districts in local realty transfer tax $2,901,313.70 to the PA Department of Revenue in inheritance tax $131,738.25 to the Commonwealth for the AOPC JCP Fee
The Register of Wills Office held no hearings during the month of March.
SHERIFF
The Department collected and disbursed to the County as revenue $39,431.64. In addition, $10,769.00 was collected on behalf of the State, and $239,262.14 was deposited into escrow.
The following is a detail of monthly activities:
136 PFA’s were received for service 169 total prisoner transports – 115 to the Courthouse, 2 to the Brominski Bldg., 12 to Penn Place, 40 to other County/State/Federal facilities and 0 for Central Court 387 warrants were issued 200 warrants were cleared 705 gun permits were processed 622 civil documents were received for service 309 civil documents cases were closed
Luzerne County Council Work Session April 13, 2021 AGENDA Page 9 of 123 PROTHONOTARY/CLERK OF COURTS
Prothonotary
1,482 new case files opened 61,411 scanned images 89 miscellaneous court hearings attended by staff 330 service notices processed 152 PFA’s processed 3 appeals processed to higher court 609 files had Rule 236 notices issued Processed 569 Municipal Liens County collections totaled $115,660.32
Clerk of Courts
502 new criminal files opened (343 criminal, 26 summary, 133 miscellaneous) 105 new juvenile files opened (41 delinquency, 64 dependency) Issued 405 warrants Issued 254 lifts on warrants 6 appeals processed to higher court, 2 supplements and accepted 3 new appeals Processed and transmitted 287 various driver license documents to Penn Dot 1,568 juvenile documents accepted and provided service for 77 informations on arraignments accepted Processed 7 expungements Accepted 684 PACfile documents
RECORDS STORAGE
Retrievals for the month:
Prothonotary 29 Clerk of Courts 9 Register of Wills 109 Coroner 70 Children & Youth 7 Adoptions 1 Public Genealogy 4
Other noteworthy items
21 public walk-ins Email requests – 121 Phone requests – 66 Prothonotary/Clerk of Courts submitted 40 boxes of records for storage. Orphans Court (adoption) submitted 64 boxes of records for storage.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 10 of 123 Office of Law
NUMBER OF CONTRACTS REVIEWED AND EXECUTED: 64
RIGHT TO KNOW REQUESTS: 7
RESOLUTIONS /ORDINANCES : 72 YTD
COUNCIL/COMMITTEE MEETINGS ATTENDED: 13
STIPULATIONS:14
COURT APPEARANCES: 13
CONSULTS: 6
• Various discussions with HRD regarding outstanding AFSCME grievances; prepared for grievance meeting with union re same; • Finalized Detectives’ CBA for approval; • Discussed benefit plan document creation with HRD; • Reviewed modified FMLA request form for HR; • Various discussions with HRD regarding ADA accommodations for employees; • Addressed subpoena requests for employee personnel files; • Addressed various issues involving ADA requests from LCCF; revised approval letters re same; • Discussed incorporating arbitration award into ADA/ADP’s CBA with DHAS and HRD; • Discussions with HRD regarding impending changes to PA overtime rules; devised plan to implement necessary changes; • Discussions with HRD regarding upcoming AFSCME negotiations; • Discussed grievances from Teamsters;
Division of Operational Services
9-1-1 Dispatch
9-1-1 Operations Telecommunicator vacancies- As of 3/22/2021, 11 vacancies currently exist for Telecommunicator. 6 Telecommunicator trainees are in week 2 of their floor rotation training. A Telecommunicator trainee class of 9 are in week 6 of their classroom training. A new telecommunicator training class of 11 is scheduled to start in April 2021. Applications are being processed and interviews are being conducted at this time.
PEMA –Quality Assurance (QA) and Training requirements have been met and certified through PEMA.
APCO Training Recertification (Project 33) – as of February 21, 2021 the re-accreditation certification application has been submitted. Undergoing the review process by APCO.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 11 of 123 COVID-19: Continuous implementation and following of CDC/PA DOH guidelines, planning and preparation for the COVID-19 global pandemic. 9-1-1 leadership staff continue to offer guidance and expertise where and when necessary. An AEROCLAVE disinfecting unit has been received and is in use, as well as partitions for social distancing/separation, HVAC ionizer systems and a kiosk temperature screening system using CARES act funding. 9-1-1 Dispatch staff continues to interrogate callers for possible COVID-19 infections and relaying information to first responders.
9-1-1 Data & Technical
P25 Digital Radio System: • Final Exhibit drawings sent to the Arena/Convention Center’s solicitor for their signatures. Written signatures received from Arena Board and agreement to be submitted to County Manager. • Leases and agreements with Eagle Rock, Aqua Water Company, Bear Creek and American Tower (Nescopeck and Dallas) are being reviewed and to be submitted for County approval process. • Work has begun on Monopole tower replacement of four (4) existing self-support towers at EMA, Freeland, Penobscot, and Campbell’s Ledge. Skyhook was selected as the vendor for implementation and Penobscot was the first site to begin. • Electrical work at the 9-1-1 center has finished as well as the work at the EMA building. Weather has caused some slight delays at the remote tower sites due to accessibility. Joyce Electric will begin as soon as possible. • Discussion with the VA on antenna placements occurred on March 3rd and is finalized. • Harris Pond tower site’s construction has begun with removal of trees on the site and road construction. Skyhook is the vendor working at this site as well. • Capital Area Communications has begun installation of radio core equipment and consoles at the 911 facility.
Next Generation 9-1-1 Commonwealth NG 9-1-1 Project– PEMA called a virtual meeting titled “PSAP Site Survey Next Steps - Luzerne County 911”. The following items were discussed: • Review Key Contacts at PSAP • Gather High Level Information About the Facility • Confirm Plans for 2022 Anticipated Maintenance Costs • Confirm Date for On-Site Visit
The next project step was a phone meeting interview by Rutledge Consulting (PEMA Subcontractor) and initial high level technical ensued. During this meeting, a PSAP Surveyor worked with the County team to complete the initially assigned tabs to a level that will support the next technical meeting and a future on-site visit to our PSAP facility. The 9-1-1 technical team attended and completed this first meeting. A Site Survey Workbook for Luzerne County 9-1-1 was provided, and the technical team has begun compiling the necessary information requested.
A second and more detailed technical interview (virtual) will be scheduled to complete the remaining Site Survey Workbook. Once completed, a final onsite technical PSAP survey will be performed at the end of the month.
PEMA Aerial Photo product delivery– The latest PEMA update (March) shows the following: A USB flash drive containing the final 2018 PEMA orthoimagery mosaics for Luzerne County was shipped Luzerne County Council Work Session April 13, 2021 AGENDA Page 12 of 123 LC9-1-1 the week of 3/22/2021. This data is in addition to the partially tiled imagery that was sent to LC9-1-1 in January of 2020. The drive includes the survey feet and metric ECW/SID versions of county mosaics that were not available for that first shipment. This drive contains: • County Mosaics (in Metric and Survey Feet) in the following formats: o MrSID o ECW • FGDC-compliant XML Metadata for all imagery products • Tile Layout shapefiles for the North and South Pennsylvania State Plane zones • Flight lines shapefile for collection of PEMA imagery data. LC9-1-1 has acquired its updated tiles and began processing a custom Mosaic that includes our entire 9-1-1 coverage area/jurisdictional boundary. Custom PSAP boundary mosaic images will be created with these completed data items.
Monthly Stats for February 2021: • 911 calls taken: 29,242 • Average ring time per call: 5 seconds • 911 texts taken: 31 • Radio transmissions monitored: 97,414 • Total “Safe2Say” Alerts: 11 • Emergency Medical Dispatches: 193
Boiler Plant
Activity Update: • We have begun the treatment using the additive called EndoTherm to our closed loop boiler systems at the Courthouse and Penn Place. It has been determined that we are saving 23% at the Courthouse and as a result, are eligible for a rebate from UGI. • DRO & Courthouse chillers are scheduled for cleaning and service. • Penn Place AHU #1 needs to have variable frequency drive replaced. Quotations are being solicited. • Adding the OCD to the Building Management Network has been determined to be cost prohibitive at this time. The item will be kept on file and revisited at a later date. • Working with IT to get pricing to replace the backup RTU for the server room Climate Control System in the 2nd floor of the Courthouse Annex.
Building & Grounds
Activity Update:
Buildings and Grounds- Cleaning • Emptied trash and recycling, vacuumed, mopped and cleaned restrooms in the: Courthouse, Annex, DRO, OCD, Engineer’s Office, EMA, Penn Place, Central Court, Human Services and Voter’s Warehouse. • Shampooed several office carpets to clean spill stains. Buildings and Grounds- Maintenance • Reprogrammed clocks for daylight savings. • Started Spring clean-up on grounds of all County buildings. • Installed signs for the Pinwheel event for the Children’s Advocacy Center. Luzerne County Council Work Session April 13, 2021 AGENDA Page 13 of 123 • Attended to several plumbing needs. • Replaced the large lightbulbs in the Rotunda. • Secured shelving in District Attorney’s office & removed ten large desks that were no longer in use. • Semi-Annual Smoke Alarm Inspections. Buildings and Grounds- Projects • Installed doorbell camera in Judge Gartley’s Chambers & assisted with cleaning for chamber remodel Office Requests • Filled department requests for supplies. • Attended to many miscellaneous office requests. COVID-19 • Nightshift continues to disinfect daily. Events • Set up & assisted in coordinating the Candlelight Vigil in remembrance of COVID victims in Luzerne County. Booked 2 additional weddings for 2021 bringing the total for the year to 17 & bringing in a total of $8700 in revenue. Staffing • B&G Executive Secretary position filled. • Nightshift Custodial Worker position filled. • Dayshift Custodial Worker position filled. • Mailroom Clerk on leave. Temporary worker brought in. Emergency Management Agency
Activity Update:
• COVID-19 Testing Site Update: Through the PA Department of Health, Luzerne County Aging and Wilkes-Barre City Health Department testing has been performed in several high rises in the County. A testing site is open currently at St. Bellarmine Church, 143 Division Street, Wilkes-Barre. Future testing sites will be held at Wilkes and King’s Colleges. We continue to participate in all coordination calls and executive board meetings with the Northeast Pennsylvania Regional Counter Terrorism Task Force (NPRCTTF) regarding the CBTS and have coordinated future meetings with the site testing contractor and the Pa DOH. • PPE Distribution Continuation: LCEMA staff have recently attended a PPE Distribution Strategy Information Session with the Pa DOH in regards to identifying new challenges regarding PPE distribution to all First Responders in our areas. LCEMA staff has recently completed a bi-monthly inventory of PPE on hand and will continue to work with the NPRCTTF to supply First Responder requesters accordingly. LCEMA continues to support first responders and municipalities in their mission of dealing with COVID-19 as PPE resource requests have slowly increased in recent weeks. • Response Calls: LCEMA was requested by Wilkes-Barre Emergency Management Coordinator and fire chief Jay Delaney to respond to the Bielecki’s Scrap and Recycling Center Fire on Monday March 15th, 2021, to perform air quality checks due to the items burning at the facility. LCEMA immediately notified DEP and together, both teams performed 30 minutes of air quality checks, corroborated our findings, and reported them to Chief Delaney. LCEMA staff returned to service and availability without incident. Final report given to Chief Delaney on March 16th, 2021. Luzerne County Council Work Session April 13, 2021 AGENDA Page 14 of 123 • Response Calls (other than stated above): LCEMA staff were notified several other times of incidents occurring within our county but was not requested to respond or support due to the nature of the call. However, we have assisted several on-scene Incident Commanders and Emergency Management Coordinators with advice, contact information, and knowledge to help mitigate several incidents. All EMA staff members are on-call 24/7, 365 days a year.
Engineering
Projects Update: (Changes from Previous month in italics)
• WBW Terminal Masonry Rehabilitation Project The project involves the emergency repair of structure failures, waterproofing and new brick lintels at the airport terminal building. The design is currently moving forward. The project will be bid out in the April 2021. • MS4 Permitting DEP issued approval of the permit on May 5, 2020 which is good for 5 years. Annual reports are required to be submitted by the end of September. Updating the mapping, preparing the annual report and other requirements are ongoing. Field verification is continuing by our staff engineer. The 2021 Annual Report is due on September 30, 2021. Mapping/GIS Department is currently updating the field verification plans for the next annual report. Annual outfall inspection will be conducted in May 2021. • WBW Master Airport Plan The project involves the development of a five (5) year Master Plan for all airport improvements. The County was awarded the FAA Grant to complete the project. The Master Plan is approved in five (5) sections. The first two sections which are the largest have been approved. The final sections will be submitted over the next few months with expected BOA/FAA approval by December 2020. Final review meeting took place on November 9, 2020. Final revisions are being made. BOA had a few minor comments on the final submission. All comments have been addressed and re-submitted to BOA. Final approval is expected in April 2021. • Courthouse Window Replacement Project The project involves the replacement of all existing windows, louvers, and vents at the County Courthouse for energy efficiency purposes. Design was completed by A+E. The project went out for bid in November 2019 for a Spring 2020 construction start. The State Historic Preservation Office is in agreement with the design plans. Bids were received on December 10, 2019. D+M Construction was awarded the contract. The project work will be completed after hours and will take approximately a year to finish. A site visit was conducted for final window measurements. Final shop drawing submission was reviewed and approved. All windows and trim are on site. Outside construction activities for this project have stopped and will resume in April 2021. Interior work for the installed windows has been completed. A final punch-out of the interior work will be completed by the end of this month. • County Bridge No. 57309 Bridge Replacement (East County Road – Sugarloaf Township) The project involves the replacement of an existing bridge on East County Road in Sugarloaf Township. Final design and permitting are completed. GP-11 Permit was granted. The project was bid out on May 14, 2020. Rylind Construction was the low bidder. The County received approval on a grant amendment for this project. Construction started on October 12, 2020. Project should be completed by the Spring 2021. The near abutment and wingwalls are
Luzerne County Council Work Session April 13, 2021 AGENDA Page 15 of 123 complete. Construction is scheduled to re-start in April 2021. PPL has moved the utility poles and lines. We are currently waiting on Frontier Communications to relocate to the new poles. • County Bridge No. 54706 Bridge Replacement (Mill Mountain Road – Butler Township) The project involves the replacement of an existing steel truss bridge on Mill Mountain Road in Butler Township. Final design and permitting has been completed. Permit was approved by DEP. The County received PHMC approval. Project is scheduled for the 2020 construction season. Final utility crossing approval has been granted. The project was bid out on October 7, 2020. Minichi, Inc. was the low bidder. A pre-construction meeting was held on November 23, 2020. The existing bridge was removed from the site. The near and far abutments are complete. The adjacent box beams are set. Project is ahead of schedule. An estimated opening is scheduled for early May 2021. • County Bridge No. 00002 Bridge Rehabilitation (Broadway Street – Nanticoke/West Nanticoke) The project involves the rehabilitation of an existing bridge on Broadway Street in Nanticoke and West Nanticoke. Final design was completed. Project is scheduled for the 2020 construction season. A cost estimate for replacement of the structure was submitted to the MPO for a funding request. PennDOT approved a load rating analysis which down posts the bridge. Signage is in place for a load posting of 15 Tons. Bids were received on October 2, 2020 for the rehabilitation project. The project is on hold due to lack of funding. The low bidder for the project has agreed to hold their bid until March 2021. No new funding is currently available to complete the project. • County Bridge No. 26305 Bridge Replacement (Harris Hill Road – Kingston Township) The project involves the replacement of an existing stone arch bridge on Harris Hill Road in Kingston Township. Final design and permitting was completed. A GP-11 permit was approved by DEP for approval. Utility relocation and coordination is moving forward. Project is currently set for a Spring 2022 construction season. • County Bridge No. 47108 Bridge Replacement (Market Street – Salem Township) The project involves the replacement of an existing bridge on Market Street in Salem Township. Preliminary and final design was completed. Project is scheduled for the 2021 construction season. Tree clearing took place for utility relocation. Project design is complete and ready for bidding. Project will be bid out in April 2021. • County Bridge No. 24006 Superstructure Replacement (West Liberty Street – Hanover Township) The project involves the superstructure replacement of an existing bridge on West Liberty Street in Hanover Township. Preliminary and final design was completed. Survey of the site took place in June 2019. Project is scheduled for the 2020 construction season. Utility relocation and Right-of-Way acquisition is currently taking place. A GP-11 permit was approved by DEP. The project was bid out on July 16, 2020. The low bidder for the project was Fabcor Inc. Utility relocation is complete. The detour for the project went into place on December 14, 2020. Project is set to be completed by May 31, 2021. The reconstructed abutment caps are complete and the new box beams are set in place. The gas line is currently being replaced and will be hung in one of the bridge bays. Construction on the project will resume on the first full week in April 2021. • County Bridge No. 54718 Bridge Replacement (Sleepy Hollow Road– Butler Township) The project involves the replacement of an existing steel truss bridge on Sleepy Hollow Road in Butler Township. Preliminary design is currently being completed. Survey of the site to take place in July 2019. Project is currently in the design/permitting stage and scheduled for the 2021 construction season. A utility meeting was held regarding a gas main located beneath the structure. An exploration for the gas line depth occurred on October 30, 2020. The existing gas main will need to be relocated, which is expected to happen this construction season. Project is on hold.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 16 of 123 • County Road 39 Bike Lane and Paving Project (North & South Beisels Road – Butler Township) The project involves the addition of a bike lane to Beisels Road in Butler Township. The project includes a mill and overlay with base repair. Utility clearance was submitted to PennDOT. Project is scheduled for the 2020 construction season. A Scoping Field View was held on November 21, 2019 with PennDOT. PennDOT required environmental clearance for the project. The clearance requirements are complete. The County is waiting on final PennDOT approval. Project is set for a Summer construction. • Hanover Industrial Estates Safety Improvements (Hanover Township) The project involves installation of bus stop shelters, curbing, sidewalks and ADA ramps to New Commerce Blvd, Lasely Road and Stewart Street in Hanover Township. The project was bid out on May 14, 2020. The low bidder was American Asphalt. Construction to take place in 2020. A pre-construction meeting was held. Shop drawing have been reviewed and approved. The pre-fabricated bus shelters arrived in February 2021. Project is set to resume in April 2021. • County Bridge No. 57312 Bridge Replacement (Walp Road – Sugarloaf Township) The project involves the replacement of an existing steel truss bridge on Walp Road in Sugarloaf Township. Preliminary and final design was completed by Hunt. Survey of the site was completed in June 2019. The project is currently in the utility relocation stage. Project is scheduled for the 2020 construction season. A GP-11 Permit has been granted by DEP. Utility relocation is complete. The project will be bid out this spring for this construction season. • County Parkade Repair Project The project involves the cleaning, sealant and other miscellaneous repairs at the County Parkade on Water Street. Panzitta Enterprises was the low bidder and was awarded the contract. Shop submittals have been reviewed and approved. Most of the construction is complete. A few temperature sensitive items remain which will be completed in by May 2021. • County Bridge Project – Union Township The project consists of rehabilitation or replacement of five (5) bridges in Union Township. This is an approved CDBG Infrastructure project. Design and permitting have begun. The project is to be completed in the 2021 construction season pending permitting approval. • County Bridge Project – Butler Township The project consists of rehabilitation or replacement of four (4) bridges in Butler Township. This is an approved CDBG Infrastructure project. Design and permitting have begun. The project is to be completed in the 2021 construction season pending permitting approval. • County Bridge No. 26307 Bridge Replacement (Hillside Road – Kingston Township) The project involves the replacement of an existing bridge on Hillside Road in Kingston Township. A Scope Clarification meeting is scheduled for October 8, 2020. PennDOT has approved the project scope. An agreement was set up in ECMS between the County and the design consultant. PennDOT has approved the consultant design agreement. Design work will take about 9 months to complete. • County Bridge No. 42505 Bridge Replacement (Pine Creek Road – New Columbus Borough) The project involves the replacement of an existing bridge on Pine Creek Road in New Columbus Borough. Permitting for the replacement project has already started. Final design will be completed by April 2021 with construction to be completed in 2021. • WBW Fuel Farm Replacement Project The project involves the replacement of the existing fuel farm with a new above ground system with new dispenser pumps. PennDOT Bureau of Aviation approved the grant for the project. Lead time on some of the replacement equipment is taking longer than anticipated. Construction is currently ongoing and should be completed by May 2021.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 17 of 123 • County Bridge No. 47414 Bridge Rehabilitation Project (Mountain Road – Union Township) The project consists of a superstructure replacement and rehabilitation of an existing bridge on Mountain Road in Union Township. This is an approved CDBG Infrastructure project. Design is complete and we are currently waiting on DEP permit approval. The project is expected to be completed in the 2021 construction season. • County Bridge No. 45809 Bridge Replacement Project (East County Road – Hollenback Twp) The project consists of a replacement of an existing bridge on East County Road in Hollenback Township. This is an approved Local Use Fee Fund project. Design and permitting is complete. The project is set to be bid out in April 2021 and expected to be completed in the 2021 construction season. • County Bridge No. 46603 Bridge Rehabilitation Project (West Cherry Road – Nescopeck Twp) The project consists of the Rehabilitation of an existing bridge on West Cherry Road in Nescopeck Township. This is an approved Act 89 Fund project. Design and permitting is complete. The project will be bid out in April 2021 and expected to be completed in the 2021 construction season. • County Bridge No. 57311 Bridge Rehabilitation Project (Kisenwether Road – Sugarloaf Twp) The project consists of a superstructure replacement of an existing bridge on Kisenwether Road in Sugarloaf Township. This is an approved Act 89 Fund project. Design and permitting is progressing. The project is set to be bid out in April 2022 or sooner if permitting is approved. The project is expected to be completed in the 2022 construction season. • Highway Lighting Upgrade Project The project consists of upgrades to all County owned and operated highway over head lights on the Cross Valley Expressway. The project is ongoing and should be completed by June 2021. Additional upgrades are planned for the South Cross Valley. • Human Services Ductwork Project The project consists of improvements to the ductwork system on the upper floor of the Human Services building. Bids have been received and are being reviewed. • Courthouse 2nd Floor Renovation Project The project consists of renovations to an open office on the second floor of the Courthouse in order to convert it to a Judge’s Chamber. Bids have been received and are being reviewed. • River Commons Cleaning and Caulk Replacement Phase II The project consists of pressure washing and caulking replacement along the River Commons. The project is currently in design and will be completed by the beginning of July 2021. • River Commons ADA Kayak Launch Project The project consists of adding an ADA Kayak Launch and other associated items at the River Commons. A grant has been awarded for the project. It is currently in design. • Penn Place Window Flashing Project The project consists of renovations to the existing window flashing detail at the Penn Place Building. During heavy storm events, several windows leak. The project is currently in design. • LCCF Main Prison Elevator Modernization The project consists of modernization of the two existing elevators at the main prison. A scope of work is being developed for the project. • Brominski Building Column Wrap Project The project consists of structural wraps for the support columns at the lower level to the Brominski Building. Several minor cracks were evident and need to be sealed to prevent future deterioration. The project is currently in design.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 18 of 123 Planning & Zoning
Activity Update:
STAFFING Jessica L. Edwards has been selected to fill the open Planning & Zoning Analyst position that had been vacated by Jim Weber. As a result, the Department is expected to be fully staffed. Jessica’s start date is scheduled for April 9.
ZONING (Activity through 3/24) • Zoning permits issued: 25 permits issued for $1,935.00 • Occupancy permits issued: 1 permit issued for $40.00 • Zoning Hearing Board cases: 7 cases for $3,470.00 • Re-zone applications: 0 cases for $0.00 • Ordinance/Plan reviews: 1 review for $80.00 • The 2021 Luzerne County Zoning Ordinance took effect March 24, 2021. It was adopted, along with the new Zoning Map and Fee Schedule, by unanimous vote of Council on March 9. The Fee Schedule was adopted by separate resolution so it can be more easily amended in the future. • The proposed rezoning of 2.08 acres out of a 2.33 acre in Wyoming Borough parcel from M-2, Light Industrial, to R-2, Two-Family Residence, was recommended for approval by the Planning Commission at the Feb. 13, 2020 meeting. We are awaiting the legal description of the land to be re-zoned from the applicant. • Our office has received a proposed zoning ordinance for Wyoming Borough for review and comment. If adopted, this would bring the number of municipalities under County zoning jurisdiction to twenty (20). Court Cases • The violators in the court case in Newport Township in which the District Magistrate found in favor of the County have not ceased the violation according to Township personnel. We met with the Magistrate on 10/21/21. The Magistrate’s office empowered one of the County Solicitors to work with Newport Township officials to seek a lien on the property. • The chickens remain in Duryea at 546 Meyer Street despite being ordered to remove them by the Zoning Hearing Board in December, and a follow-up visit by staff shortly thereafter. Magisterial hearing date is set for April 12. 2021. • Operation of a tourist home at Lily Lake in Conyngham Township continued beyond the end of January 2021, the deadline the Executive Director and Zoning Officer, Matthew Jones had given the landowner to cease. The owner recently submitted an application for a zoning use Variance, which was forwarded to the Zoning Hearing Board, and for which a hearing date has been scheduled for April 6, 2021. In the meantime, staff has pursued the case for enforcement with the Magistrate. The Magistrate has set a hearing date for April 13, 2021. Complaints • A complaint of an individual excavating to place a manufactured home in Laflin Borough has been filed and contact has been made with the property owner. This is being closely monitored to ensure compliance. • A complaint in Avoca Borough has been received for the operation of a contractor’s yard in a residential zone. This has been investigated and found to be in compliance with zoning regulations. Other • Two (2) letters verifying consistency with the Comprehensive Plan were provided to local municipalities seeking State grants for various projects.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 19 of 123 • We continue to coordinate with the Luzerne Conservation District to administer the agricultural land preservation easements program.
SUBDIVISION & LAND DEVELOPMENT (Activity 3/1/21 thru 3/25/21) County Reviews/Approvals of subdivisions/land developments under County jurisdiction (5 submissions) 2 Subdivisions, 2 Land Developments, 1 stormwater Total $ Planning Commission fees – subdivisions $600 Planning Commission fees – land development $1,720 Planning Commission fees – stormwater plans $275 County Engineer review fees $700 Engineering review fees – stormwater plans $750 Outsourced Engineering review fees $1,500
County Advisory Reviews for projects under jurisdiction of other municipalities (17 submissions) 13 Subdivisions, 4 Land Developments Total $ Planning Commission fees – subdivisions $3,150 Planning Commission fees – land development $2,360 County Engineer review fees $3,950 Outsourced Engineering review fees $5,620
This results in 22 submittals translating into a grand total of $8,105 in subdivision/ land development/ and stormwater review fees retained by the Planning & Zoning Dept.
COMPREHENSIVE PLAN The Luzerne County Council met during their Work Session webinar on March 23 to discuss the draft 2021 Lackawanna-Luzerne Counties Comprehensive Plan. Mr. Jones gave a presentation to introduce the Plan and tag-teamed a slideshow with members of the private consultant team.
The draft Plan provides a snapshot of regional conditions, and serves as an aspirational thought- piece for guiding land use development within the County. It has been posted on the Department website since Jan. 15: https://www.luzernecounty.org/281/Planning-Zoning
The broad goals appearing in the Plan can inform changes to other municipal comprehensive plans and County/municipal zoning ordinances proposed or amended in the future. Fifty-five (55) of the 76 municipalities within Luzerne County have adopted their own zoning ordinance. The County zoning ordinance provides coverage for the remaining 21 communities. On March 9, Council enacted an amended version of the County zoning ordinance which will go into effect on March 24. The new County zoning ordinance contains more precise definitions offering more clarity on how land uses are regulated in these communities.
The 2021 Lackawanna-Luzerne Counties Comprehensive Plan was drafted by staff from both counties with help of the consultant, Michael Baker Int’l. Webinars were held over the past several months to conduct a survey, and gather input from focus groups and the public at large. The Plan features a Future Land Use Map where growth and in-fill development is envisioned. The Plan recommends conservation of the region’s agricultural and natural resources, and acknowledges a market exists for Achievable Housing, housing that is more affordable for lower-income workforce residents.
On Jan. 14, the Luzerne County Planning Commission voted unanimously to forward the Plan to Council for its adoption consideration, and to open the 45-day public comment period required by PA Act 247. Luzerne County Council Work Session April 13, 2021 AGENDA Page 20 of 123
Mr. Jones explained to Council that during their Jan. 14 meeting, the Planning Commission had mentioned concern over flooding of the Nescopek Bridge and surrounding Berwick area during hurricane events but expressed a desire for this southwest portion of the County to achieve its growth potential if these concerns could be mitigated.
During the March 23 Council meeting, Councilmember Harry Haas stated he feels that blight and stormwater taxes are hindering growth in Luzerne County. He observed that Lackawanna County mentions their focus on blight, and recommended that Luzerne include a statement expressing an interest in tackling this problem in the coming years.
Staff will work with the consultant to highlight these ideas in the Plan, and produce a red-line version for Council’s adoption consideration during their anticipated Public Hearing and final vote to adopt the document by resolution scheduled for April 13, 2021.
The Lackawanna Commissioners are also going through an adoption consideration meetings process for the Comprehensive Plan anticipated to conclude in April.
A press release was given to the newspapers on March 19. Legal notice of the April 13 public hearing was submitted this month to the Citizens’ Voice and will appear in their April 1 and April 6 print editions.
The 45-day public comment period ended on Feb. 28.
TRANSPORTATION • Received reimbursement for the 2nd and 3rd Quarter 2019-2020 invoices in the amounts of $70,124.71 and $65,173.64 respectively from PennDOT Central Office. • Submitted reimbursements for the 4th Quarter 2019-2020 and 1st and 2nd quarters of 2020- 2021 in the amounts of $64,645.18, $93,582.83 and $57,021.51 respectively to PennDOT Central Office. This marks a significant milestone: We are now completely up to date on invoice submittals with PennDOT. The new Transportation Planner, Jay Schectman, drafted and submitted the most recent reimbursement request, with training assistance and verification from longer-serving Transportation Planner, Chris Chapman. This cross-training and collaboration will result in a stronger more-resilient staffing capacity within the Department. The recent success of this program should be credited to Chris Chapman and Jay Schectman, along with former staffer John Petrini. • Participated in a virtual meeting to discuss scope of work for the Regional freight plan March 22. The counties included in the study area are LLTS MPO (Luzerne and Lackawanna), NEPA MPO (Carbon, Monroe, Schuylkill and Pike), Lehigh Valley Transportation Study MPO (Lehigh and Northampton), Reading Area Transportation Study (RATS) MPO (Berks County) and Lebanon County MPO. The vision is to develop a local action plan for better movement of freight in the 10 county region. • Spoke to students at King’s College in the Civil Engineering program teaching them how the MPO planning process and engineering interact on March 23. • Hosted a kickoff meeting to discuss updating the LLTS MPO bylaws and committee structure virtually on March 9. • Attended a virtual meeting hosted by PennDOT Central Office to discuss the PennDOT Pathways program and potential bridge tolling on February 26. • Attended the PA Automated Vehicles Summit Series focused on Safety on March 4 virtually. • Attended the D&L Trail Annual Ownership Council Meeting on March 25 virtually.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 21 of 123 • Mr. Chapman attended a virtual meeting with Lackawanna County and Barry Isett to submit a presentation on the recent bicycle-pedestrian study for the upcoming Greenway and Trail Summit 2021 on March 4. Mr. Chapman and Mr. Jones recently posted the study at these links: https://www.luzernecounty.org/281/Planning-Zoning https://www.lltsmpo.com/documents-resources/ http://www.lltsmpo.com/wp-content/uploads/2020/12/Report-Final_20201209.pdf • Participated in the LLTS MPO pre-meeting to set the agenda for the April 21 Combined Technical and Coordinating Committees meeting on March 22. • Prepared and distributed the draft meeting minutes for the LLTS MPO Combined Technical and Coordinating Committees meeting which occurred on Feb. 3. • Sent invoice #13 to Lackawanna County for their portion of the Comprehensive and Long- Range Transportation Plans (LRTP). • Updated the Luzerne County Planning & Zoning website to include minutes and agendas for the Planning Commission and Zoning Hearing Board for the past month. • Attended the NEPA MPO Technical Committee meeting on March 16, 2021 virtually. • Updated the LLTS MPO website. • Attended multiple virtual Environmental Justice Unified Methodology meetings, March 4, March 11 and March 25. • Attended virtual Planning Partners conference call on March 17. • Attended virtual meeting with White Haven Borough, D&L and PennDOT regarding possible funding for the D&L trail crossing on SR 940. • Attended a zoning law webinar with other Department staff hosted by the APA-PA chapter and subsequent chapter meeting following on March 19. • Virtual meeting with State DCED and the Luzerne County Grant Writer, Michele Sparich to discuss $2.1 Million in new grant funding opportunities with the Statewide Facilities Closure Transition Program on March 24. • Attended the kickoff for the Trail Crossing Inventory – District 4-0 Working Group Meeting virtually. • Attended 2 Luzerne County Council virtual meetings while the Comprehensive Plan and PennDOT bridge tolling topics were discussed.
Road & Bridge
Activity Update:
• Continued with cold patching on county roads. Hot mix should be available by the middle of April providing a better and less expensive means to patch roadways. • Worked on cleaning county parking lots needed following winter maintenance.
Solid Waste Management
Activity Update:
• 2021 Annual Recycling Report has been completed. The office received 200 commercial and 76 municipal reports report’s totaling 136, 143.54 tons of items diverted from the landfills and recycled for the 2020 calendar year. Final numbers have been submitted to the state prior to the March 31st deadline. • Less than a month left to receive returns from municipalities on passed resolutions concerning the 2021 Municipal Solid Waste Management Plan for Luzerne County. Luzerne County Council Work Session April 13, 2021 AGENDA Page 22 of 123 33 of 76 towns have responded so far and the 90 day deadline is April 21, 2021. • Web page updates including 2021 Electronic and Paper Shredding registrations. • Weekly updates to 2021-903 Recycling Coordinators Grant which funds up to half of the County Recycling Coordinators Salary and benefits. • Currently waiting for word from DEP, Central Office, on when the 2020-903 Recycling Coordinator Grant can be submitted for reimbursements. • 2021 Tire Recycling contract is gone to solicitor for approval for fall collections. Once approved it will be forwarded though for signatures and sent to state for registration and approval.
Public Defender
Total adult applications: 481-(MTD)-(YTD-1012) Total Juvenile allegations: 56-(MTD)-(YTD-63) Total Adult SW Referrals: 26-(MTD)-(YTD-40)
Appointment by Court – Central Court- Magistrate 45-(MTD)-(YTD-99) Common Pleas – Judges 81-(MTD)-(YTD-118)
Adult Investigation requests 15-(MTD)-(YTD-27) Juvenile Investigation requests 0-(MTD)-(YTD-2)
Adult Social Work Referrals Reason for referrals: • Assessment=3 • Specialty Court Applications=6 • Records=2 • Mitigation=4 • Inpatient=5 • Mental Health =3 • Competency=1 • Records/Mental Health=1 • Home plan=1
Juvenile Social Work Referrals
New Referrals:
-Juvenile social work referrals received for the month of March = 2. -Juvenile social work referrals closed for the month of March = 0. -Juvenile social work referrals 2021 year to date = 2.
Court Ordered Out-of-Home Placement: (Residential Programs, Detention, & Shelter Care) ***
-The daily average census of juveniles in an out-of-home placement was 9.5.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 23 of 123 -The daily average census of juveniles in a residential program was 9.4. -The daily average census of juveniles in juvenile detention was 0.1. -Daily average census of juveniles in shelter care was 0.
-The total number of admissions to residential placement, detention, or shelter care was 3. -The total number of discharges from residential placement, detention, or shelter care was 2.
-The daily average male population in residential placement, detention, or shelter care was 8.6. -The daily average female population in residential placement, detention, or shelter care was 0.9.
***All statistics only include the number of juveniles represented by the Luzerne County Office of the Public Defender. There are also juveniles who may be placed in out-of-home placements represented by conflict counsel or private counsel, which are not included in these statistics (also juveniles placed in out-of-home settings due to dependency/CYS are not included). The statistics may not be 100% exact, but they are a highly accurate representation of juvenile in an out-of-home setting represented by the PD’s office.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 24 of 123 Conferences attended for the month of March
County Manager’s Office: None
Administrative Services: None
Budget & Financial Services: None
Correctional Services: None
Office of Human Services: None
Judicial Services & Records: None
Office of Law: None
Operational Services: None Public Defender: None
Payment for the aforementioned conferences were made from the Luzerne County General Fund or from the various Human Services division departments depending on the nature of the conference. These Human Services funding sources are primarily State and Federal, and include a small percentage of County General Fund match. No payments were made by outside vendors on behalf of or directly to Luzerne County attendees.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 25 of 123 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL
ITEM TITLE COUNCIL MEETING AGENDA Resolution Adopting Settlement of Litigation in the DATE NUMBER Matter of Leonard D. Omolecki, Jr. v. Luzerne April 13, 2021 County, No. 11720 of 2005
Dept: Office of Law Contact: Romilda P. Crocamo, Chief Solicitor Phone: 570-825-1695
SUMMARY:
Plaintiff, Leonard R. Omolecki, Jr. filed a Complaint against Luzerne County following his separation from employment as an Assistant Public Defender in 2003. Plaintiff was employed by the county continuously from July 1995 through November 2003. Although the Complaint was filed in 2005, the civil case was recently resurrected following a purge on unfinalized stale cases by Court Administration.
In the Complaint, Plaintiff alleges that he accumulated 108 sick days and 22 vacations days for which he was not compensated for after separation. Plaintiff also claims that County policy at the time was to provide a severance payment in the amount of $3,000.00. Lastly, Plaintiff also seeks interest on the amount owed to him.
FINANCING:
Luzerne County would be directly responsible for the settlement and would be paid from the Office of Law Budget - Special Legal Services.
DISCUSSION:
For the reasons stated in executive session on this matter, the County Office of Law and the County Manager’s Office recommend settlement in this matter.
ALTERNATIVES:
County Council may choose to not accept the settlement proposal. Should Council choose to not settle this matter and instead opt to pursue further litigation, discovery and pre- trial motions would be completed, a trial would be scheduled and an appeals process could possibly follow.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 26 of 123 RESOLUTION R-2021- LUZERNE COUNTY COUNCIL
A Resolution by the Luzerne County Council Approving the Settlement of Pending Litigation in the Matter of Leonard D. Omolecki, Jr. v. Luzerne County.
WHEREAS, Section 4.07 B.3 of the Luzerne County Home Rule Charter Provides the County Manager shall have the authority to recommend the settlement of litigation involving the County, subject to the approval of County Council; and
WHEREAS, the Luzerne County Manager has recommended settlement of the above-captioned litigation; and
WHEREAS, Section 2.09 B.5 of the Luzerne County Home Rule Charter provides that County Council shall have the power to approve, by resolution adopted by a majority vote of the Council members, a recommendation by the County Manager to settle litigation involving the County; and
WHEREAS, Plaintiff brought suit against Luzerne County alleging that the County failed to compensate him for accumulated sick and vacation days, as well severance pay, upon his separation from County employment; and
WHEREAS, the parties desire to settle the claims against Luzerne County; and
WHEREAS, Luzerne County Council also desires to resolve the pending litigation in this matter.
NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council approves the settlement of pending litigation for all claims asserted against Luzerne County in the matter of Leonard D. Omolecki, Jr. v. Luzerne County in the amount of $ . This settlement is a full and complete settlement and release of any and all claims by Leonard D. Omolecki, Jr. against the County of Luzerne.
This resolution shall become effective six days after adoption.
ADOPTED at a meeting of the Luzerne County Council held ______, 2021.
ROLL CALL VOTE: AYES- NAYS- LUZERNE COUNTY COUNCIL
By:______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council ______C. David Pedri, Esquire County Manager
Luzerne County Council Work Session April 13, 2021 AGENDA Page 27 of 123 RESOLUTION 2021-XX
A Resolution Authorizing Luzerne County to apply for a Redevelopment Assistance Capital Program (RACP) Grant on behalf of Embark Behavioral Health (Embark) / Change Academy Lake of the Ozarks (CALO) Programs
WHEREAS, the County of Luzerne (hereinafter the “County”) is eligible to apply for funds from the Pennsylvania Redevelopment Assistance Capital Program (hereinafter RACP) under an eligible Budget line item authorized for the County; and
WHEREAS, the Embark/CALO has purchased land, obtained zoning and building permits and intends to operate a treatment facility for healing the effects of early childhood trauma. This facility will be an economic development project that intends to expand to over 100 good paying jobs into Luzerne County; and
WHEREAS, the Embark/CALO has requested the County apply for $4,000,000.00 in RACP funds on its behalf under line item #8448 of Act 2013-085; and
WHEREAS, the RACP grant funds will be used for infrastructure, utilities, site work, construction, renovations, furnishings and all related items for facilities in White Haven, Foster Township Luzerne County.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the County of Luzerne that Luzerne County is authorized to submit an application on behalf of the Embark/CALO, for a RACP grant in the amount of $ 4,000,000.00 from the Office of the Budget Commonwealth of PA to be used for infrastructure, utilities, site work, construction, renovations, furnishings and all related items for facilities in White Haven, Foster Township Luzerne County.
BE IT FURTHER RESOLVED that County Manager David Pedri, Esquire is the official designated to execute all documents and agreements between the County and the Office of the Budget Commonwealth of PA to facilitate and assist in obtaining the requested RACP grant.
ADOPTED BY COUNCIL this ___ day of April, 2021.
Presented
Seconded
Luzerne County Council Work Session April 13, 2021 AGENDA Page 28 of 123 From: Yannuzzi, Dominic J. To: McGinley, Tim; Pedri, David; Crocamo, Romilda; Thomas, Jennifer; Perry, Chris Cc: Sparich, Michele; Dustin Tibbitts; [email protected]; Lawrence, Sharon; Chris Perkins ([email protected]) Subject: [EXTERNAL]: Next Council Meeting: CALO/Embark Phase 2 Project RACP Application Date: Wednesday, March 31, 2021 7:01:42 PM Attachments: image001.png 2021-xx (RACP Grant -CALO.Foster.Township PA.April2021.docx 2021.Final.RACP.Embark.CALO.Single Application for Assistance.033121.pdf
WARNING: This message is from an external email address. Do not click any links or open any attachments unless you recognize the sender AND you know that the contents of the email are safe to open.
Good Afternoon,
Attached is the submitted Embark/CALO Phase 2, RACP grant application and draft Resolution for County Council to consider and adopt at the next County Council meeting. Embark/CALO representatives and myself will be available for questions before and during the Council the meeting.
On behalf of Embark/CALO, they are very much appreciative of the County’s consideration in bringing 70 more jobs to the already 30 jobs Embark/CALO has established in the County.
Please provide information to attend the next council meeting.
Thank you
Dominic J. Yannuzzi, PE, CM | Project Manager Alfred Benesch & Company | 670 South River Road, Suite 402, Wilkes-Barre, PA 18705 P 570-914-9026 | C 570-294-5510 | E [email protected] | W www.benesch.com
From: Yannuzzi, Dominic J. Sent: Wednesday, March 3, 2021 10:44 AM To: Tim McGinley ([email protected])
Tim and Dave,
Per our previous discussions, Phase 1 of CALO has been completed and all permits have been issued to operate. At least 30 very good paying jobs have been brought into the county as a result of this Phase 1 initiative and support by the county.
CALO/Embark’s work is not done, they are ready to “embark” on a new initiative to move forward on phase 2 and bring 50 more great jobs into the county. With your support CALO/Embark would like to apply for the newly opened RACP grant program and use one of the “oldest” line items (#8448) to sunset soon, see below. RACP opened March 1 with deadline of new applications by March 31. The RACP “ask” to build a new state of the art facility to treat more adolescents will be about $3 – 4 million within the limit of line item #8448.
CALO/Embark as before will complete the application and all fees.
If Sharon Lawrence and Michele Sparich can reply to this email and let me know when documents are need to be submitted for vote at the next County Council Meeting.
As always thank you for your support and input.
Thank You
Dominic J. Yannuzzi, PE, CM | Project Manager
Alfred Benesch & Company | 670 South River Road, Suite 402, Wilkes-Barre, PA 18705 P 570-914-9026 | C 570-294-5510 | E [email protected] | W www.benesch.com
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Luzerne County Council Work Session April 13, 2021 AGENDA Page 29 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Applicant Information Applicant Entity Government Type: Applicant Name: Luzerne County NAICS Code 9211
FEIN/SSN XXXXXXXXX Number
DUNS Number: 060513058
CEO: C. David Pedri CEO Title: County Manager
XXXXXX SAP Vendor #:
Contact Name: Dominic J. Yannuzzi Contact Title: Project Manager
Phone: (570)-294-5510 Ext. Fax: (570)-294-5510 E-mail: [email protected] Mailing Address: 200 North River St.
City: Wilkes-Barre
State: PA
Zip Code: 18711
Luzerne County Council Work Session April 13, 2021 AGENDA Page 30 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP)
Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Company Information Company Entity Government Type: Company Name: Embark Behavioral Health/CALO Programs NAICS Code 6239
FEIN: XXXXXXXXX
DUNS Number: 002581618
CEO: Dustin Tibbitts CEO Title: Division CEO
XXXXXX SAP Vendor #:
Contact Name: Dustin Tibbitts Contact Title: Division CEO
Phone: (385)-419-8152 Ext. Fax: (123)-456-7890 E-mail: [email protected] Mailing Address: 2177 E. Warner Rd. #101
City: Tempe
State: AZ
Zip Code: 85284
Luzerne County Council Work Session April 13, 2021 AGENDA Page 31 of 123 SingleBusiness Application Specifics for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Current # of Full-
time Employees:
(In PA): 30
(World Wide:) 900 Minority Owned: No Select Woman Owned: No Total Sales $: 80,000,000 Total Export 0 Sales $:
R&D Investment: 1 (% of Budget) Employee Training 2 (% of Budget) Investment:
Enterprise Type Indicate the types of enterprises that describe the organization listed above. You may select more than one type.
Advanced Agri- Biotechnology / Life Agri-Producer Authority Technology Processor Sciences
Business Financial Call Child Care Community Dev. Commercial Services Center Center Provider
Computer & Clerical Defense Economic Dev. Educational Emergency Operators Related Provider Facility Responder
Environment and Exempt Export Export Food Processing Conservation Facility Manufacturing Service
Government Hospitality Industrial Manufacturing Healthcare
Professional Regional & National Mining Other Recycling Services Headquarters
Research & Social Services Tourism Retail Warehouse & Terminal Development Provider Promotion Healthcare,Other,
Luzerne County Council Work Session April 13, 2021 AGENDA Page 32 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Project Overview
Project Name: Embark/CALO at the Poconos - Adolescent Treatment Center - White Haven Phase 2
Is this project related to another previously submitted project? Yes
If yes, indicate previous project name: 201901311279
Have you contacted anyone at Office of the Budget about your project? Yes
If yes, indicate who: Holli Reidlinger
Luzerne County Council Work Session April 13, 2021 AGENDA Page 33 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Project Site Locations
Address: 45 & 108 Country Place Lane
City: White Haven
State: PA
Zip Code: 18661
County: Luzerne
Municipality: Foster Township
PA House: Gerald J. Mullery (119)
PA Senate: John T. Yudichak (14)
Current Employees: 30
Jobs To Be Created: 70
Designated Areas:
Luzerne County Council Work Session April 13, 2021 AGENDA Page 34 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Project Budget
Redevelopment Total Match Total Assistance Private Capital Program (RACP)
Miscellaneous $4,000,000.00 $4,000,000.00
Total Project Cost $4,000,000.00 $4,000,000.00 $8,000,000.00
Total $4,000,000.00 $4,000,000.00 Budget $8,000,000.00 Total:
Basis of Cost Provide the basis for calculating the costs that are identified in the Project Budget. Appraisals, Bids/Quotations, Budget Justification, Contractor Estimates, Engineer Estimates
Budget Narrative The narrative must specifically address each of the cost items identified in the Project Budget section. If an amount is placed in any of the OTHER categories, you must specify what the money will be used for. NOTE: Some programs have specific guidelines regarding the narrative necessary to qualify for that particular resource. Please read the Program Guidelines for details. The purchase price of the property was $2.2 Million plus engineering/survey costs. The appraised value of the property will be used toward the match with the remainder in cash for a total of $ 4 million. Part of the appraised value will be allocated in Phase 1 of the project for the phase 1 RACP match. Cost includes: Two new structures, utilities, site work, paving, water/electric/propane services, finishes, roofing, generator, sprinkler system, HVAC, plumbing, electric, well rehab, fixed furnishings and other related work and materials.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 35 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Project Narrative
How does this project provide a benefit or improvement to a community? Identify a problem or need in the community (cultural, recreational, historical, civic). Indicate how that will be rectified with this projects completion. Foster Twp./Luz. Co. needs economic develop. & good paying jobs. County per capita income is below the state's: $25,224 vs. $31,476 per US Census. County unemployment is higher than state ave.: 7.0% vs. 6.5%. Declining population in county: (-1.2%) from 4/1/10 to 7/1/19. Solution: 1 yr after construction, project will bring 70 jobs ($40K ave.) on site when all the beds are full. 40 direct care staff & 30 management. Site income about $144,000/yr/student or $4.6 mill./yr. This will spur a great deal of economic development & job creation for the healthcare, vision, dental, trades, canine & food services. Parents/family visit center 6-8 times/yr. for 3 days; 32 stud. x 6 = 192 visits. Visits will generate economic growth (192 x $1000 ea.= $192K/yr) to businesses, restaurants & hotels. 60 non-perm. construct. jobs based on 8.63 jobs per million $ of construction phase 2. Construction will support/supplier industries & industries attracted by the project. Ph. 1 created 30 jobs.
What will this project entail? Give a complete project description. Indicate the construction, renovations or improvements that will take place. Indicate what properties will be used or purchased for use. The construction of 2 new main dorm buildings and related construction. The owned property is near White Haven in Foster Twp, Luz. Co., Pocono Mtn. Region. Phase 2 will add 32 beds to campus from 16 to 48 total bed. The residential treatment facility to treat the effects of early childhood trauma. Target population are adolescents, ages 13-17, primarily residing in the NE USA. This facility will be a private, parent-choice program and will not accept students who have been adjudicated for any offense nor students with substance abuse diagnoses. Embark/CALO (E/C) now operates these programs in the USA and is considered the leader in treating early childhood trauma. The facility will include: two dorm/classroom/nurse structures with kitchen and rec./classroom areas; canine buildings, new water storage and rehab of structures for admin. & student counseling. The PA site was selected due to a natural remote serene setting that can be maintained & enhance the E/C treatment model.
How do you plan to use the funds? Should include specific use of funds and reflect the budget provided with the application. New Main Lodge Bldg.: - to incl. 16 beds, classrooms, offices, rec., nurse station, laundry & kitchen/dining/lounge areas. New Dorm bldg. for 16 beds. Site has already approved zoning. Design is ready for building permit submission. Construction to begin upon RACP bidding & selection of contractor. Add'l. campus work will include ext. enhancements for recreation and activities in nature. Onlot water, sewage & propane upgrades will be needed to accommodate the new structures. Canine retreat buildings to meet the need of canines. CALO pioneered a treatment intervention called Canine Transferable Attachment and operates the largest canine program in the US in Missouri. 20-25 pure bred Golden Retrievers will be on campus. The rehabbed pavilion will be used for student learning, picnics, trauma-sensitive Yoga classes, & grad. ceremonies. Grounds and driveway will be improved. Each structures requires a generator and fire/sprinkler system to meet code.
Project Schedule and Key Milestones and Dates A detailed schedule of activities, including key milestones and dates, must accompany this application if applicable to the project. This project has approved zoning and concept building plans that can be quickly prepared for building permits and public bidding immediately after grant award. Embark/CALO has proven they know the RACP Luzerne County Council Work Session April 13, 2021 AGENDA Page 36 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Project Narrative process by moving phase 1 forward with RACP. Phase 1 is currently the reimbursement phase where construction is completed. The Township supports the project and has provided zoning approval for the overall campus. Phase 1 construction, occupancy. and licensing permits will be used as model to quickly obtain for Ph 2 permits. Initial coordination of new infrastructure for Phase 2 has already been completed. Key Dates: Grant Award 7/1/2021 Additional Grant paperwork and business plan: 10/15/21 Bid Package Phase Complete 11/1/2021 Bid Date and Opening: 12/1/2021 Obtain All Permits for construction 12/1/2021 Construction dates: Phase 2 Sitework/excavation 1/1/2022 to 4/1/2022 General construction 4/1/2022 to 9/1/2022 Occupancy and Licensing 10/1/2022
Luzerne County Council Work Session April 13, 2021 AGENDA Page 37 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Addenda
Section 1. Project Viability
1. Fill in your Itemization information. Click the below link for a list of available itemizations. Identify the appropriate itemization and enter the Item No. in the “primary” box below. The related information will then automatically populate. If an additional itemization is necessary, enter a second Item No. in the “alternative” box. Special note: Act 77 of 2013 imposed a 10-year sunset provision for itemizations between their enactment date and the date of the RACP grant award.
The Item No. can be found in Column B of this Excel spreadsheet link.
Primary Enter Item# 8448
County - Luzerne
Municipality - County projects
Project Description - For acquisition, construction, infrastructure, redevelopment, renovations and other costs associated with an economic development project in the county
Act Amount - 7,500,000
Available Amount - 5,500,000
Alternative Enter Item#
County - N/A
Municipality - N/A
Project Description - N/A
Act Amount - 0.00
Available Amount - 0.00
Luzerne County Council Work Session April 13, 2021 AGENDA Page 38 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Addenda
2. Financial Necessity.
What were the factors that the Candidate relied on to arrive at the requested amount? After the property & project discovery progressed Embark/CALO (E/C) discovered the improvements & infrastructure needed to meet building codes & licensing were cost prohibitive to progress/construct the project. E/C is committed to see this project through as they have $2.2 mill. invested in the property plus about $400,000 in other costs to get the project to where it is today. Due to the amount of private funds already obligated to property purchase and renovations. E/C is not able to fund the full cost of improvements needed for phase 2. Full Ph. 2 improvement will be approx. $8 million per engineering estimates and solicited quotes. Conventional financing will be used to fund a portion of the costs, but grant funding is needed to complete this project. E/C is in process establishing a PA based LLC for PA State facility licensing and tax purposes. E/C already has a good working relationship with the Licensing Depart. of PA Dept. of Human Services, Office of C&Y & Families.
3. Is your RACP total project cost at least $1,000,000? Yes
4. Are you looking to apply more than 50% of the RACP funding to land acquisition costs? Yes
5. Are at least 50% of the total project cost paid for by another non-state funding source? Yes
6. Will your project be completed by the 1st day of the submission period for this round? (generally determined by the issuance of the occupancy permit, if any) Yes
7. Is the anticipated construction start date within 1 year of the last day of the submission period for this round? Yes
8. Indicate that you have reviewed the RACP Key Compliance Items and you acknowledge and agree to follow these items. A. Link Yes
9. Is your project eligible for City Revitalization and Improvement Zone (CRIZ) benefits? No
10. Can your project be funded through other State programs (i.e. PENNDOT and PENNVEST)? No
A. If yes, does your project fit one of the following exceptions; when associated with a project that is part of an economic development project stormwater, water and sewer infrastructure or tunnels, bridges or roads? N/A Luzerne County Council Work Session April 13, 2021 AGENDA Page 39 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Addenda
11. Please indicate the status of Site Control (for example, leasing arrangements, sales agreement, recorded deed, etc.). Embark/CALO owns the entire property and all buildings. Embark/CALO closed on the property 2/20/2018 and recorded in Luzerne county deed book 3018 page 32208. there are no restrictions on the property for CALO to fully implement their program.
12. Is the project located in one of the designated areas? (KOZ, KOEZ, KIZ, KSDZ, EZ, KOIZ) No
13. Is the project a redevelopment of Blight/Brownfield/Reclamation? No
14. Indicate below whether the project is comprised of any of these Strategic Clusters A. Biotech/Pharmaceutical/Life Science No
B. High Tech & Advanced Manufacturing Materials No
C. Energy Extraction & Mining No
D. Business & Financial and Service No
E. Healthcare/Medical Research and/or Education No
F. Agriculture No
15. Does your project involve any housing construction? If yes, elaborate below.
(Housing projects are only eligible when specialized funding is approved and remains unused under Acts 87 of 2005 & 82 of 2010. Outside of this special funding housing projects are only eligible if they support and generate economic activity and are part of a community revitalization plan.) This project is not for housing.
Section 2. Source & Uses of Funds (RDA Forms)
16. Download and Complete RDAs & Construction Cost breakdown Document Download RDAs & Construction Cost Document
Luzerne County Council Work Session April 13, 2021 AGENDA Page 40 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Addenda
Uploaded Documents Embark.CALO.Ph2.RDA300-301.033121.pdf View
17. Qualified Professional
The Capital Facilities Debt Act requires a RACP grant candidate to identify who produced the cost estimates for their project. It further requires that such project cost estimate must be prepared by a qualified professional.
Please identify who prepared the project’s cost estimate, and give their title and/or professional qualifications below Dominic J. Yannuzzi, PE, Project Manager Alfred Benesch & Co. 570-294-5510 [email protected]
Section 3 Involved Organization (Candidate normally the beneficiary of the grant)
18. Candidate's Board President or Top Executive or Officer (If a grantee is not known, this is whom the RACP letter will be directed).
Please make sure to include the following in the text area: Organization, Contact Person, Title, Complete Address, Email & Phone Number Dustin Tibbitts, CEO Embark Behavioral Health 2177 E. Warner Rd. #101 Tempe, AZ 85284
19. Candidate's person to contact for project information (if different from above)
Please make sure to include the following in the text area: Organization, Contact Person, Title, Complete Address, Email & Phone Number Dominic J. Yannuzzi, PE, Project Manager Alfred Benesch & Co. One South Church St., Suite 300 Hazleton, PA 18201 570-454-2750 ext. 106 [email protected]
20. Grantee's Chief Elected Official or Officer
(This is to whom the RACP letter will be directed).
Please make sure to include the following in the text area: Luzerne County Council Work Session April 13, 2021 AGENDA Page 41 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Addenda
Organization, Contact Person, Title, Complete Address, Email & Phone Number Dustin Tibbitts, Division CEO, Embark Behavioral Health 2177 E. Warner Rd. #101 Tempe, AZ 85284
21. Grantee's Contact Person (if different from above)
Please make sure to include the following in the text area: Organization, Contact Person, Title, Complete Address, Email & Phone Number Dustin Tibbitts, Division CEO, Embark Behavioral Health 2177 E. Warner Rd. #101 Tempe, AZ 85284
22. Please list the amount of any prior RACP Grants (if none, enter $0.00) ($X,XXX,XXX.00) $1,000,000.00
23. Please identify prior RACP grants awarded to the entity applying for the grant or a related candidate.
Provide the grant ME number (300-XXXX), name of the project, award amount, and the recipient for each prior grant. If the past recipient is not the current candidate, provide the connection to the current candidate (If no prior grants, enter none). ME# 2115-00 Phase 1 CALO White Haven, Foster Township, Luzerne County
24. Other commonwealth Assistance
A. Have you or a related company received an economic benefit in the form of a grant, loan or tax credit from a Commonwealth program within the last 2 years for this project? No
If so, please provide details Not for Phase 2
B. Do you or a related company currently have an application for economic benefits in the form of a grant, loan or tax credit pending with a Commonwealth program for this project? No
If so, please provide details Not for Phase 2
C. Have you been in contact with the Governor’s Action Team (GAT) regarding this specific project? No
If yes, please provide the name of the GAT staff member Luzerne County Council Work Session April 13, 2021 AGENDA Page 42 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Addenda
Luzerne County Council Work Session April 13, 2021 AGENDA Page 43 of 123 Single Application for Assistance Web Application Id: 8710299 Single Application Id: 202103319595 Applicant: Luzerne County Company: Embark Behavioral Health/CALO Programs Program Selected: Redevelopment Assistance Capital Program (RACP) Program Requirements e-RACP Application Submission Fee
The program requires a $500 e-Application fee to be paid at the time of submission. Payment must be made online by credit card through a secure, third- party vendor. Only MasterCard, Visa, and Discover are accepted. Applicants/Applicant Tab
Funding award notifications will be addressed to the entity identified under the Applicant Tab. Applicants should ensure that any prospective grantee entity listed in the Applicant Tab will fully endorse the proposed project and act as the eligible grantee. If this support is not available at the time of submission, the e-Application should be submitted without a prospective grantee entity being listed. Please refer to the step-by-step instructions on the RACP website when completing the Applicant and Company Tabs of the e-RACP application. Please review the following program reminders and click the acknowledgement:
To be RACP eligible, a project MUST have: An eligible itemization line item Total project costs of at least $1 million which contains construction At least 50% of RACP eligible match contribution. RACP Scope If awarded, the RACP scope will be reviewed and possibly adjusted during the development of a grant agreement. The RACP scope must include a construction component and cannot be 100% land reimbursement. The RACP scope is not officially approved until RDA forms are executed by the Office of the Budget. Grant compliance requirements include, but are not limited to: Competitive bidding requirements (3 written solicitations) Pennsylvania Prevailing Wage Act Steel Products Procurement Act Public Works Contractors’ Bond Law (payment & performance bonds) Insurance (worker’s comp, general liability, & property) By selecting yes, you are acknowledging the above. Then click continue.
Yes
Luzerne County Council Work Session April 13, 2021 AGENDA Page 44 of 123 Office of the Budget Single Application for Assistance
Single Application #: 202103319595
This page must accompany all required supplemental information Mail to:
Office of the Budget Redevelopment Assistance Capital Program 333 Market Street, 18th Floor Harrisburg, PA 17101
I hereby certify that all information contained in the single application and supporting materials submitted to Office of the Budget via the Internet, Single Application # 202103319595 and its attachments are true and correct and accurately represent the status and economic condition of the Applicant, and I also certify that, if applying on behalf of the applicant, I have verified with an authorized representative of the Applicant that such information is true and correct and accurately represents the status and economic condition of the Applicant. I also understand that if I knowingly make a false statement or overvalue a security to obtain a grant and/or loan from the Commonwealth of Pennsylvania, I may be subject to criminal prosecution in accordance with 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and 31 U.S.C. §§ 3729 and 3802 (relating to false claims and statements).
Signature: Dominic J. Yannuzzi
The Office of the Budget reserves the right to accept or reject any or all applications submitted on the Single Application for Assistance contingent upon available funding sources and respective applicant eligibility.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 45 of 123 No.______RESOLUTION
A Resolution of the Luzerne County Council Providing Tax Exemption for New Construction in Deteriorated Areas under the Local Economic Revitalization Tax Assistance Act
WHEREAS, under the Local Economic Revitalization Tax Assistance Act (“LERTA”), 72 P.S. §4722 et seq., Luzerne County is a local taxing authority that has the power to provide tax exemption for new construction in “Deteriorated Areas”; and
WHEREAS, The Luzerne County Council (“The Council”) has the authority to levy, establish, alter, and/or abolish taxes and assessments except as may be limited by applicable law; and
WHEREAS, The Council believes that providing tax exemptions under LERTA will encourage new industrial, commercial, and business development in the Deteriorated Areas, and in turn lead to additional tax revenue for Hazle Township, the Hazleton Area School District, and Luzerne County.
WHEREAS, on April 12, 2021, the Hazle Township Board of Supervisors held a public hearing for the purpose of designating certain property within Hazle Township as a Deteriorated Area; and
WHEREAS, subsequent to the public hearing, the Hazle Township Board of Supervisors enacted Resolution #______, dated ______, designating 1400 PA 309, Hazle Township, as a Deteriorated Area for the purpose of providing a LERTA exemption to Blue cup Ventures LLC (“Blue Cup”)
WHEREAS, A copy of the Hazle Township LERTA Application and resulting designation Resolution specifying the Applicant and the location of the subject property is attached hereto and incorporated herein by reference; and
WHEREAS, The Council also believes that providing a partial tax exemption under LERTA will encourage new industrial, commercial, and business development in the Deteriorated Areas, and in turn lead to additional tax revenue for Hazle Township, the Hazleton Area School District, and Luzerne County.
NOW, THEREFORE BE IT RESOLVED BY THE LUZERNE COUNTY COUNCIL, as follows:
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Luzerne County Council Work Session April 13, 2021 AGENDA Page 46 of 123
SECTION ONE. Incorporation of Preamble.
The provisions set forth above in the preamble to this Resolution are incorporated herein by reference in their entirety.
SECTION TWO. Definitions.
The below terms will be defined as follows for the purposes of this Resolution.
2.1 “Deteriorated Property” means any industrial, commercial or other business property located in an eligible deteriorating area as defined hereinafter, or any such property which has been the subject of an order of a governmental agency requiring the property to be vacated, condemned or demolished by reason of non- compliance with laws, ordinances or regulations.
2.2 “Improvement” means repair, new construction or reconstruction, building alterations or additions, having the effect of rehabilitating deteriorated property so that it becomes habitable or attains higher standards of safety, health, economic use or amenity or is brought into compliance with laws, ordinances or regulations governing such standards. Ordinary upkeep or maintenance shall not be deemed an improvement.
2.3 “Deteriorated Area” means the real estate located in Hazle Township that the Board of Supervisors designated as a Deteriorated Area in Resolution #______, dated ______.
SECTION THREE. Exemptions.
3.1 The amount to be exempted from real estate taxes is specifically defined in sub- paragraph 3.3 based upon a percentage of the actual cost of new construction in the Deteriorated Area or improvements to the Deteriorated Property. The applicant is responsible for paying all applicable Luzerne County taxes not associated with the new improvements.
3.2 The partial exemption from real estate taxes is limited to improvements or new constructions for which an exemption has been requested in the manner set forth in this Resolution. All other applicable Luzerne County property taxes are not exempt and must be paid.
2
Luzerne County Council Work Session April 13, 2021 AGENDA Page 47 of 123 3.3 The exemption commences on the date that the improvement or new construction is assessed by the Luzerne County Assessor’s Office. At that time, the said improvements will be exempt according to the following schedule:
Year 1 through year 10: 35% of all real estate taxes to be paid by the Property Owner during the 10-year term of the LERTA tax exempt period with the balance, 65% of such real estate taxes to be exempt during the 10- year period of the LERTA tax exempt period.
In no way shall, the property tax exemption under LERTA continue beyond the 10th tax year following the final assessment of eligible real property Improvements.
3.4 The exemption from taxes granted under this Resolution does not terminate upon the sale or exchange of the property.
SECTION FOUR. Procedure for Obtaining Exemption.
4.1 Any person desiring tax exemption under this Resolution (“Applicant”) shall submit an application with the Luzerne County Tax Assessor’s Office. The Applicant shall submit the application within forty-five (45) days of receiving the building permit for the improvement or new construction. If the improvement or new construction does not require a building permit, the Applicant shall submit the application within forty-five (45) days of commencing the construction. The application must be in writing and must provide the following information:
4.1.1 the name of the owner or owners of the deteriorated area; 4.1.2 the date the building permit was issued for the improvement or new construction (if applicable); and 4.1.3 the date when the Applicant commenced the construction for the improvement or new construction (if applicable); and 4.1.4 the location of the property including tax parcel identification numbers; and 4.1.5 a brief description of the proposed improvement or new construction; and 4.1.6 estimated costs of the improvement or new construction; and 4.1.7 any other information that Luzerne County may require.
4.2 Upon completion of the improvement or new construction, the Applicant shall notify the Luzerne County Tax Assessor’s Office by writing that the improvement
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Luzerne County Council Work Session April 13, 2021 AGENDA Page 48 of 123 or new construction is complete. The Luzerne County Tax Assessor’s Office shall then separately assess the new construction or improvement and calculate the amount of the assessment eligible for tax exemption in accordance with the limits established by this Resolution. The Luzerne County Tax Assessor’s Office shall then notify the Applicant, Hazle Township, Luzerne County, and the Hazleton Area School District of the reassessment and the amount of the assessment eligible for the exemption.
4.3 Any Local Taxing Authorities may appeal the reassessment and the amount eligible for exemption as provided by law. Applicant waives the right to appeal any property tax assessment during the LERTA period unless the assessment exceeds $20 Million Dollars of the eligible new construction. Applicant’s tax assessment appeal rights shall be fully restored after the LERTA period has expired.
4.4 The cost of the new construction or improvements to be exempted and the schedule of taxes exempted existing at the time of the initial request for tax exemption shall be applicable to that exemption request, and subsequent amendment to this Resolution, if any, shall not apply to the adoption of any such amendment.
SECTION FIVE. Termination Date.
An application for exemption may be made at any time within three years from the Effective Date of this Resolution. All qualified applications under this Resolution are eligible for the entire ten year exemption schedule.
SECTION SIX. Extension.
The Luzerne County Tax Assessor will not extend the time for filing an application for exemption.
SECTION SEVEN. Revocation of LERTA Exemption.
The exemption from real estate taxes provided for herein shall be forfeited by the Applicant and/or any subsequent owner of the real estate for the failure to pay any nonexempt real estate taxes by the last day of the time period to pay such taxes in the penalty period. Upon receipt of the notice of nonpayment of nonexempt real estate taxes, and after expiration of a thirty (30) day cure period, Luzerne County may discontinue the LERTA exemption granted hereby.
4
Luzerne County Council Work Session April 13, 2021 AGENDA Page 49 of 123 SECTION EIGHT. Amendments. No amendments to this Resolution are effective unless Blue Cup, its successor and assigned and the Council consents to the amendment by Resolution.
SECTION NINE. Repealer.
This Resolution repeals any other resolution or ordinance inconsistent with this Resolution.
SECTION TEN. Severability.
If any part of this Resolution is unenforceable to any extent for any reason, the rest of the Resolution will remain fully enforceable.
SECTION ELEVEN. Effective Date.
This Resolution shall become effective six (6) days from the date of enactment.
SECTION TWELVE. Further Authorization.
The administration and officials for Luzerne County are directed and authorized to take any action needed to carry out the intent of this Resolution.
ADOPTED at a meeting of the Luzerne County Council held on the _____ day of ______, 2021.
ROLL CALL VOTE:
Yes: ______No: ______LUZERNE COUNTY COUNCIL
5
Luzerne County Council Work Session April 13, 2021 AGENDA Page 50 of 123 Luzerne County Council
By:______
ATTEST:
Blue Cup Ventures LLC
By:______Name: Title:
SEAL
6
Luzerne County Council Work Session April 13, 2021 AGENDA Page 51 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 52 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 53 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 54 of 123 Request for Consideration LERTA Tax Abatement Property Address: 1400 PA-309 Hazle Township, PA 18201
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 55 of 123 Project Summary
Current Project Scope Tax Impact/ Ask Timing Job Creation Conditions
LERTA Abatement ~4 msf Requesting 65% Building 1 7,500 full time granted by School Warehouse LERTA • 900 ksf jobs District and Hale Campus Abatement Twp • Q3 2022 >800 full time Mine scarred $120M invested “Flat” – yrs 1-10 Building 2 jobs during the over 5 years construction land Mining • 1.0 msf permit issued phase Yr1-10 Property • Q3 2023 prior to 1974 – 3 Institutional Tax Increase to limited Grade Buildings • $1.7 M/yr Job totals restoration Building 3 • “Class A” from include direct requirements • 2.0 msf Tenants • $15,000 w/ and indirect • Q3 2024 positions Depleted mineral abatement resources Control storm water run-off & Increase Minimal plant or Extend Assessed Value animal life waterline to to supported by underserved • $95 M from current soil community conditions • $0.9 M
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 56 of 123 2 Site located in Hazle Township 360 Acre Parcel Mine Scarred Land Re-zoned to Industrial
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 57 of 123 3 Proposed Development - 3 Buildings ~4.0 msf
Building 1 Building 2 Building 3 Total SF 907,500 1,013,100 2,028,656 3,949,256 Dimensions 1650' x 550' 1650' x 614' 3304' x 614' Acres 88 80 192 360 Car Parking 634 688 653 1,975 Max Dock Doors 208 246 448 902
Trailer Parking 271 246 527 1,044 Expansion 431 335 2086 2,852 Total Trailer Parking 702 581 2613 3,896
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 58 of 123 4 Preliminary Renderings -1
View looking south towards Macadoo
Typical building elevations
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 59 of 123 5 Preliminary Renderings -2
Typical building elevation
View looking Northwest towards Humboldt Business Park
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 60 of 123 6 Large Occupiers currently searching for 11 MSF
on the I-78/I-81 Corridor Recent Deals
Property Location Date Tenant Landlord Size (SF)
198 Commercial Blakeslee, PA Jun-19 Medline Exeter 510,510 Current Searches B lvd Property Group Deal Size Timing Corporate Center Tobyhanna, PA Oct-18 NFI Clarius 1,000,000 Drive West
Project Falcon 1,000,000 TBD 141 Commercial Blakeslee, PA Oct-18 American Tire Exeter 1,004,400 B lvd Distributors Property Undisclosed 1,000,000 TBD Group 2086 Corp Center Tobyhanna, PA Oct-18 J&J Sales & Mapletree 1,369,000 Drive W Logistics Invest Undisclosed 1,000,000 2022 TradePort 164, Wilkes Barre, PA Aug-18 VM Innovations NorthPoint 611,000 Building B Development
Project Orange 1,000,000 TBD 550 Oak Ridge Hazleton, PA Mar-18 Amazon.com Gramercy 615,600 Road Property Pepperidge Farm 1,000,000 2021 Trust 550 New Wilkes Barre, PA Oct-17 Adidas NorthPoint 843,000 Commerce Blvd Development
Project TV 1,200,000 2021 545 Oak Hill Road Mountain Top, PA Oct-17 PepsiCo (Quaker I&G Direct 502,754 Sales & Real Estate Project Conduit (Walmart?) 2,000,000 TBD Distribution) 16, LP 325 CenterPoint Pittston, PA Mar-17 Kimberly-Clark KBS 744,080 DHL/Excel - William Sonoma 1,200,000 2021 B lvd 600 New Wilkes-barre, PA Jan-17 Chewy.com NorthPoint 808,160 Commerce Blvd UNFI 1,200,000 2021 60 Green Mountain Hazleton, PA Feb-17 Michaels Stores, Mericle 692,273 Road Inc.
Project Victoria 1,200,000 TBD 3000 AM Drive Quakertown, PA Jun-16 Continental Tires Prologis 780,880
25 Keystone Blvd Pottsville, PA Apr-16 Hudson Bay- NorthPointe 617,000 Saks 5th Avenue
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 61 of 123 7 Occupier will either lease from our institutional partner or purchase the property directly
Owner Institutional Investor Lease Occupier
Developer Bluecup Sell Ventures
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 62 of 123 8 LERTA is Required to Keep Hazle Twp. Competitive
Building 1: 907,500 SF Building 2: 1,013,100 SF Building 3: 2,028,656 SF
March 12, 2021 Hazle Beltway Center Luzerne County Council Work Session April 13, 2021 AGENDA Page 63 of 123 9 Timing- Project will be completed in 3 or 4 phases
Bldg. 1 Bldg. 2 Bldg. 3 Bldg. 4
Square 500 ksf 1.0 msf 2.0 msf 1.0 msf 3.5 msf to or or to Footage 900 ksf 1.0 msf n/a 3.9 msf Timing Occupancy Earliest Q3 2022 Q3 2022 Q3 2023 Q3 2024 Forecast Q3 2022 Q3 2023 Q3 2024 Q3 2025 Potential User Yes Yes No No Identified
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 64 of 12310 Proposed Project can add more than $1.7 M to local tax revenues after abatement
Current Improved Site w/o w/ Proposed Millage Rates Assessed Value Value Abatement Assessment Hazle Township
Land $840,600 $39,491,560 $39,491,560
Buildings $0 $157,966,240 $55,288,184
Total $840,600 $197,457,800 $94,779,744
Tax Revenues Current After LERTA Expires w/ LERTA @65%
County –Luzerne $5,186 $1,218,236 $584,753 0.0061696
Municipal – Hazle Twp. $630 $148,093 $71,085 0.0007500 School – Hazleton Area School Dist. $9,622 $2,260,299 $1,084,944 0.0114470
Total $15,439 $3,626,628 $1,740,782 0.0183666
Source for mill rate Luzerne County website Estimate for Property Value- Preliminary
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 65 of 12311 Proposed Improvements increases Appraised Value from $3M to $404M
Assessed Value Requested $/SF New Development Assessment Land Value/ SF FAR $10.00 $10.00 Building Value SF $40.00 $14.00 Total $50.00 $24.00 LERTA Abatement 65%
"Current Bldg Tax Assessment" is Building Permit Value
Hazle Twp SF Improved Proposed
Building #1 907,500 $45,375,000 $21,780,000
Building #2 1,013,000 $50,650,000 $24,312,000
Building #3 2,028,656 $101,432,800 $48,687,744
Total 3,949,156 $197,457,800 $94,779,744
Proposed LERTA Abatement 65% Flat 10 years
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 66 of 12312 Job Creation
Types of Jobs
The project is forecast Forecast Full Time Jobs 2,000 to create more than Supplier Induced Total indirect 7,500 full-time long- Major industry group Direct jobs jobs* jobs** jobs Total Jobs term jobs. Transportation and warehousing- ratios 100 112.8 163.3 276 376 Totals- Jobs 1 bldg 500 564 816.5 1380 1,880 The construction phase will create more than Employment multipliers per $1 million in final demand, by major private-sector industry group 800 full time jobs. Forecast Construction Value $ 50 M/ yr x 4 yrs Supplier Induced Total indirect Major industry group Direct jobs jobs* jobs** jobs Total Jobs Construction ratios 5.5 4.8 6.1 10.9 Total Jobs - 1 bldg 275 240 305 545 820
Total Job Creation By Year * Includes materials and capital services supplier jobs 2022 2023 2024 2025 2026 ** Includes jobs supported by respending of income from direct jobs and supplier jobs, as well as public-sector jobs supported by tax revenue Trans/Whse 1,880 3,760 5,640 7,520 7,520 Source: EPI analysis of data from the Bureau of Labor Statistics (BLS) Employment Requirements Matrices, the BLS Current Employment Statistics program, and the Subtotal Construction 820 820 820 820 Bureau of Economic Analysis GDP-by-industry accounts Model Source: Economic Policy Institute Total Jobs 2,700 4,580 6,460 8,340 7,520 Updated employment multipliers for the U.S. economy Report • By Josh Bivens • January 23, 2019
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 67 of 12313 Project Team – Regionally Based with deep experience working on mine scarred lands
Service Provider Company Location Civil Engineer IDP Wormleysburg, PA Attorney Hoegan & Assoc Wilkes-Barre, PA Contractor TBC - PA Based
Traffic Engineer Traffic Planning & Design TPD Inc. Bethlehem, PA Architect BL Architects Harrisburg, PA
Geotechnical/ Soils/ Environmental Engineer Kleinfelder/ Advantage Mechanicsburg, PA Wastewater Engineer Entech Reading, PA
Aquatic Resource Delineation TES&P Carlisle PA Broker CBRE Harrisburg, PA
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 68 of 12314 PROJECT TEAM
JEFF RANDOLPH, AIA, MANAGING PARTNER >30 years of real estate experience, leading multinational occupiers such as Amazon, PepsiCo and Diageo, building on a foundation of work with leading service providers such as KPMG, Trammell Crow, and NYC based architectural firms. MBA Finance NYU Stern, Master of Architecture UPenn, AB UChicago
BERNARD HANSEN PARTNER Diverse career in Real Estate Finance and Asset management for various property types throughout the U.S. Served in positions of leadership with national banking organizations that include Citicorp (Seattle and Atlanta), Wells Fargo Realty Advisors, and Continental Illinois National Bank totaling $3.2 billion of loans. Led asset management and investor relations for Security Properties, a Seattle-based multi-family property management company with other $1 billion in properties under management in 42 states. BLA from University of Oregon and MLA Masters Harvard University
COERT VOORHEES PARTNER
35 years of experience with acquisitions, sales, bifurcations, credit enhancements, leasing, brownfield finance and sale leasebacks. Developed solutions for large scale rollouts of new real estate and financial platforms to established and emerging markets and experience as a project manager in multifamily and office construction. BS in Urban Geography University of Utah
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 69 of 12315 SAMPLE PROJECTS
DIAGEO WESTERN WINES DISTRIBUTION CANADIAN WHISKEY AGING FACILITY MULLER QUAKER DAIRY PLANT CENTER Project Location Salaberry-de-Valleyfield, Project Location Batavia, NY Quebec, Canada Project Location Sonoma, California Project Status Completed Project Status Completed Project Status Completed Building Area 360,000 sf Building Area 470,000 sf Building Area 300,000 sf Roll Build-to-suit state of the art Roll Build-to-suit to expand existing Roll Build-to-suit warehousing for food processing facility for bottling and warehousing long term spirits aging. dairy and yogurt production operations, property manager. Designed for Class “C” and finished goods. combustibles and Spill The Diageo Western Wines Distribution Center was containment, property $200 million yogurt production facility employing more than constructed to consolidate operations from multiple 3rd manager. 200 FTE staff joint venture of PepsiCo's Quaker Oats unit and party logistics operations scattered throughout the region the German based Theo Muller Group. Manufacturing and provide for expanding west coast and international The Crown Royal Whiskey Aging Facility was constructed to building sized to accommodate the installation of 10 lines of demand for Napa and Sonoma produced wines. consolidate operations from multiple 3rd party logistics process/filling/packaging equipment, cooler warehousing, operations across Eastern Canada. and shipping/receiving docks. Process Wastewater Single loaded building housing bottling and warehousing Pretreatment Facility designed to treat the process waste to operations, connected to an adjacent warehouse operation Project built in 3 phases with institutional investor. the minimum level acceptable to the local POTW. Design- in a separate tax jurisdiction thru canopy structures. Build project.
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 70 of 123 SAMPLE PROJECTS
AMAZON FULFILMENT CENTER BCN1 AMAZON FULFILMENT CENTER LCY2 AMAZON FULFILMENT CENTER MPX3 Project Location Barcelona, Spain Project Location Tilbury, UK Project Location Vercelli, Italy Project Status Completed Project Status Completed Project Status Completed Building Area 1,800,000 sf Building Area 2,000,000 sf Building Area 1,151,300 sf Roll Build-to-suit state of the art Roll Build-to-suit state of the art Roll Build-to-suit state of the art warehousing. 3 levels of warehousing. 3 levels of fulfillment center to service mezzanine. Largest warehouse mezzanine plus ground floor. north Italy. building ever constructed in Largest warehouse building continental Europe. ever constructed in the UK. €65 million new 100,000 sqm facility, has been a significant driver of economic development for the local area. The site Operating with 600 full time workers, Amazon’s Catalonian Located on the Thames River, approximately 20 miles created up 600 new jobs meeting the growing customer facility is in El Prat, between Barcelona’s Sea Port and southeast of London, LCY2 serves the Greater London demand in Italy’s Piedmont Region. The center is the heart Airport. Market. The building structure is steel framed with 3 self of Amazon's delivery network in the northwestern part of supporting mezzanine levels housing Amazon Robotics' to Italy. The building structure is pre-cast concrete supporting the 3 stow and pick goods. The project was completed in less than mezzanine levels use Amazon Robotics’ which stow and pick 9 months from groundbreaking. The building has been fitted The building has two mezzanine levels, supported by a goods. The project was completed in less than 9 months with more than 11,500 module solar panels which generate precast concrete structure. The project was completed in from groundbreaking. The site has direct access to public the equivalent amount of electricity required to power 700 less than 12 months from site selection with the assistance transportation and is the centerpiece of Barcelona’s homes for one year. The property is on a long-term lease. and cooperation of the local and regional government. seaport’s industrial estate.
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 71 of 123 Next Steps
Hazleton Area School District’s Approval – Jan 20 Hazle Twp.’s Approval – March 8 Luzerne County Council Feedback
March 12, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 72 of 12318 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL
ITEM TITLE COUNCIL MEETING AGENDA Consider adoption of a Resolution authorizing the DATE NUMBER County Manager to execute a Lease Agreement Voting Session between Luzerne County and Luzerne County Domestic Relations for premises located at 113 West North Street, Wilkes-Barre, PA 18711.
Dept: Office of Law Contact: Romilda Crocamo Phone: 570-825-1598
SUMMARY:
Court Administration recommends that Council approve a Resolution [Attachment A] authorizing the County Manager to execute the attached Lease Agreement [Attachment B] with Luzerne County for the property at 113 West North Street, Wilkes-Barre, Pennsylvania, 18711, to be used as the offices of Luzerne County Domestic Relations. The Court of Common Pleas is in agreement with the proposed Lease Agreement.
FINANCING:
Luzerne County Court Administration Budget.
DISCUSSION:
The current lease for Luzerne County Domestic Relations at 113 West North Street, Wilkes- Barre, Pennsylvania, 18711 expires on December 31, 2020.
The Luzerne County Domestic Relations Office and Luzerne County have entered into a new lease agreement based upon the current Cost of Ownership laid out in the County’s Cost Allocation plan. The total rent costs to the County is as follows:
January 1, 2021 through December 31, 2021: $33,707.17 per month
ALTERNATIVES:
County Council may decline to authorize the County Manager to enter into this Lease Agreement. This is not recommended because the current lease expires on December 31, 2020.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 73 of 123 Luzerne County Council Agenda Submittal Proposed Lease Agreement – Luzerne County Domestic Relations Date: June 9, 2020 – Page 2
ATTACHMENT A: Proposed Resolution
ATTACHMENT B: Lease Agreement
Luzerne County Council Work Session April 13, 2021 AGENDA Page 74 of 123 RESOLUTION R-2021-_____ LUZERNE COUNTY COUNCIL
A Resolution of the Luzerne County Council Authorizing the County Manager to Execute a Lease Agreement between Luzerne County and Luzerne County Domestic Relations for premises located at 113 West North Street, Wilkes-Barre, Pennsylvania, 18711.
WHEREAS, Luzerne County Council has authority to approve of all leases concerning real property; and
WHEREAS, Luzerne County currently leases real property located at 113 West North Street, Wilkes-Barre, Pennsylvania, 18711 to Luzerne County Domestic Relations for use in connection with the operations of Domestic Relations; and
WHEREAS, the current lease agreement for this property expires on December 31, 2020; and
WHEREAS, the Lease Agreement was renegotiated for an additional term of one (1) year with rent of $33,707.17 per year for a total rent of $404,486.00 per year.
WHEREAS, the monthly rental cost for the total space will be $33,707.17 and
Whereas the 11th Judicial District (Court of Common Pleas) concurs and recommends the adoption of the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the County Manager to execute a Lease Agreement to lease space from Luzerne County for the premises located at 113 West North Street, Wilkes-Barre, Pennsylvania, 18711.
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:______Tim McGinley, Chair
ATTEST:______Sharon Lawrence, Clerk of Council
______C. David Pedri, Esq., County Manager
Luzerne County Council Work Session April 13, 2021 AGENDA Page 75 of 123 LEASE
THIS LEASE made as of the 1st day of January 2021, between the LUZERNE COUNTY ("Landlord”), a Pennsylvania and Luzerne County Domestic Relations (the "Tenant") a branch of the Luzerne County Court System, having a principal place of business at 113 West North Street, Wilkes-Barre, PA.
WITNESSETH:
1. Premises. The Landlord hereby leases to the Tenant, on the terms and conditions hereinafter set forth, space in the Luzerne County Brominski Building, situated at113 West North Street, Wilkes-Barre, PA (the "Building"), the portion subject to this Lease being more particularly described in Exhibit "A-I" attached hereto (the "Premises”), which is described as Zone A, but excludes rooms Al 07, Al 19, A 121, A 128, and the restrooms, together with the nonexclusive right to use, in common with the Landlord and other tenants of the Landlord, the parking lot of the Building, all exterior walk-ways and access areas, and the interior corridors, restrooms, elevators, stairs, lobbies, walk-ways, within the Building, and all other common areas of the Building (the "Common Areas").
2. Term.
(a) Initial Term. The Landlord hereby leases the Premises to the Tenant for a period of 1 year commencing on January 1, 2021, and expiring on December 31, 2021 (the "Initial Term").
(b) Renewal. Unless either party hereto shall give to the other written notice for removal at least six (6) months prior to the end of said term, this lease shall continue upon the terms, covenants and conditions then in force, for a further period of a one (l) year term, at the rental rate of Thirty Three Thousand Seven Hundred Eighty Eight and Twenty Five Cents Thousand Dollars ($ 33,707.17) per month aggregating to ($404,486.00) per term, and so on from one (l) year term to (l) year term, until terminated by either party hereto giving to the other at least six (6) months written notice for removal prior to the expiration of the then current term. Any notice given by Lessee to Lessor must be given by registered mail and as against Lessor, the only admissible evidence that notice has been given by Lessee shall be a registered return receipt signed by Lessor or its agent. This Lease Agreement is Reviewable and Renewable annually based upon the CSCAP Cost of Ownership for Luzerne County, copy attached.
3. Rent.
(a) Rental Amount. The Tenant shall pay to the Landlord without set-off, demand or deduction of any kind whatsoever, an annual rent for the lease year during the Initial Term. The Term Rental amount shall $33,707.17. The Annual Rent during the Initial Term shall be $404,486.00.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 76 of 123 (b) Monthly Payments. The Annual Rent shall be payable in twelve (12) monthly installments of $33,707.17. The rent is due at Luzerne County Accounts Payable such other place as the Landlord may from time to time designate.
(c) Payment Term Rent and Added Rent. In consideration of the rents to be paid and the terms, covenants and conditions of this Lease, Landlord hereby leases to the Tenant the above-described premises. The Term of this Lease shall be as specified above, beginning and ending on the dates specified. The payment for each month must be paid in advance on the first day of the month at the Landlord's address which is 200 North River Street, Wilkes –Barre, Pennsylvania. Landlord need not give notice to Tenant to pay the rent. Rent must be paid in full and no amount may be subtracted from it for any reason.
Rent received at the office of the Landlord after the fifth of the month in which it was due will be subject to a late fee. The late fee will be calculated at one and one quarter percent (1 1/4 %) of the balance of the rent due the Landlord in the current and any previous month as of the tenth of the current month. The late fee shall be considered additional rent.
Rents mailed via the United States Postal Service which are postmarked on or before fifth of the month, shall be considered to be received on time.
Tenant may be required to pay other charges to Landlord under the terms of this Lease, which will be called "Added Rent". This Added Rent is payable as rent together with the next monthly rent due. If Tenant fails to pay the Added Rent on time, the Landlord shall have the same rights against the Tenant as if Tenant failed to pay the rent. Payment of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments and the entire rent for the remaining part of the Term will then be due and payable.
(d) Escalation of Rent during the term. The term operating expenses as used herein shall mean and include all expenses incurred and payable by the Landlord in the operation, maintenance, repair and management of the land and premises described hereto, being expenses that are ordinarily chargeable against income in accordance with good accounting practice and without restricting the generality of the foregoing shall include:
(i) All taxes, rates, and assessments, whether general or special levied or assessed for municipal, school or other purposes or levied or assessed by any lawful government authority for such purposes with respect to the said lands and premises but excluding taxes on income or profits.
(ii) Fuel expenses incurred in heating, ventilating and air conditioning the building.
(iii) Utility expenses, gas, water rates and sewer rates.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 77 of 123 (iv) Electric power and lighting expenses.
In the event that such operating expenses in any subsequent calendar year shall exceed the operating expenses for the year 2020 the Tenant shall pay as additional rent his proportionate share of the excess, such share being 20% of the said excess, subject to a proportionate adjustment if the Tenant did not occupy the premises during the whole of such subsequent calendar year. Any amount payable by the Tenant under this clause shall be deemed to be rent and shall be collectible and be paid as additional rent within 30 days after demand by the Landlord.
In the event of a dispute as to any amount payable under this clause the certificate of a Certified Public Accountant appointed by the Landlord shall be conclusive and binding upon the Tenant and Landlord.
4. Use of Premises.
(a) Permitted Use. Tenant may use the Premises to operate and conduct its business and related purposes. Tenant shall comply with all applicable laws in the conduct of its business and its use of the Premises. Luzerne County Domestic Relations provides public services that include child and spousal support collections for Luzerne County residents.
(b) Use of Common Areas. Restrooms, stairs, hallways, lobbies, parking lots, exterior walkways and access areas, and other common areas of the Building shall be for the use of the Tenant. Tenant and its officers, employees, agents, and invitees will use such common areas in a reasonable and orderly manner in cooperation with all other tenants and their officers, employees, agents and invitees.
(c) Uses of Other Areas. Tenant use of the lecture hall, classrooms, breakout rooms, and boardrooms will be at the discretion of the Landlord. Additional charges may apply, which shall be deemed added rent.
(d) Waste, Nuisance, or Illegal Uses. Tenant shall not use or permit the use of the Premises in any manner that results in waste of the Premises, or constitutes a nuisance or violates any statute, ordinance, rule, or regulations applicable to the Premises or for any illegal purpose or cause any lien, charge or other encumbrance to be imposed on the Premises or any portion thereof.
5. Compliance with Laws. The Tenant shall comply with the requirements of all duly constituted public authorities and with the terms of all statutes, rules, ordinances, orders and regulations of any federal, state and local authority, which are applicable to the Tenant's use, and occupation of the Premises.
6. Condition of Premises. The Tenant accepts the Premises and Common Areas in their present condition and acknowledges that the Landlord has no obligation to make
Luzerne County Council Work Session April 13, 2021 AGENDA Page 78 of 123 repairs or perform any work required to adapt the Premises to the Tenant's use except as listed in 6(a) below. (a) The Landlord shall not perform any improvements to the leased area. (b) The Tenant, at its sole expense, may undertake the following alterations and improvements to the premises with the written permission of Landlord. Any alterations or improvements to the premises that are attached to the building, whether at Landlord or Tenant expense, shall become a part of the building and the property of the Landlord. However, at the termination of the lease or any extension thereof, upon notice from the Landlord, Tenant shall remove any improvements added under this lease, or reverse any alterations and return the leased premises to the Landlord in its' original condition, normal wear and tear excepted.
7. Access and Operating Hours. The Tenant shall permit the Landlord (and all agents, representatives and employees of the Landlord) to enter upon the Premises at all reasonable times during regular business hours with prior notification to Tenant except in the case of an emergency to inspect the Premises and to exhibit the same to prospective purchasers, mortgagees and tenants, appraisers, and assessors, and shall permit such entry at any time as required to make repairs that are the obligation of the Landlord and for any other business purpose or emergency.
The Building operating hours are 8:00am-4:30pm. Monday through Friday. The Building will be closed on Saturday and Sunday and the following Holidays: New Year’s Day, Memorial Day, Independence Day (July 4), Labor Day, Thanksgiving Day, and Christmas Day. The Building may also be closed in emergency situations at the discretion of the Landlord. The Tenant has access to the Premises after regular operating hours and on holidays and weekends. All tenant access after regular operating hours requires the tenant to keep all exterior doors locked.
The Tenant may not under any circumstances duplicate or copy building keys. Additional keys can be obtained and signed out through the Landlord.
At the termination of the lease all keys must be returned to the Landlord. Should any employee of the Tenant be discharged, it will be the Tenant's responsibility to return any building keys that were assigned to the discharged employee to the Landlord.
8. Maintenance and Repairs and Leasehold Improvements.
(a) Except as herein specifically provided, the Tenant shall keep the Premises, the Landlord's fixtures and appurtenances therein, and the Tenant's own personal property situate thereon, clean and in good order and repair throughout the Term. If the Tenant shall fail to take good care of the Premises or to make the repairs and perform
Luzerne County Council Work Session April 13, 2021 AGENDA Page 79 of 123 the maintenance required herein, or in the event of damage or injury to the Premises due to the Tenant's act or negligence, the Landlord may maintain and repair the same at the sole cost and expense of the Tenant and the cost thereof shall be payable by the Tenant as added rent thirty (30) days after submission to the Tenant of a written statement of the amount due.
(b) The Landlord shall be responsible for the maintenance of the structure of the Building, including but not limited to replacement of broken glass, the repair of interior plumbing and electrical wiring, and the repair of all Landlord's fixtures and appurtenances and all structural repairs to the Premises, unless the condition necessitating the structural repairs shall have been caused by the act or negligence of the Tenant.
(c) The Landlord is not in responsible for replacing lost, damaged or stolen furniture or equipment.
9. Assignment and Sublease. Tenant shall not have the right to assign this Lease or sublet any portion of the leased Premises without the prior written consent of Landlord. Notwithstanding any assignment or sublease, Tenant shall remain liable under the terms and conditions of this Lease. Landlord may assign its interest in this Lease to a wholly owned subsidiary of Landlord.
10. Alterations, Improvements, and Information Technology Systems.
(a) Alterations and Improvements. The Tenant shall not make any material alterations, improvement or additions to the Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. The Tenant shall in all cases obtain at its expense all required permits and approvals and cause all work to be done in a good and workmanlike manner and in compliance with all requirements of governmental bodies having jurisdiction with respect to the Premises. The Tenant agrees to indemnify and save the Landlord harmless as to, and to defend the Landlord against, any mechanic's claims and liens asserted or filed with respect to any work performed by the Tenant on the Premises at any time during the Term.
(b) Tenant's Contractor. Any work performed by the Tenant shall be compliance with all State and City building codes. The Tenant shall submit complete construction plans and specifications to the Landlord for written permission prior to the start of work.
The Tenant shall obtain local building permits at it sole expense for any work performed.
(c) Information Technology Network. The Tenant shall not make alterations, improvement or additions to the Information Technology Systems at the Premises without the prior written consent of the Landlord. The Information Technology Systems include Internet, Local Area Network (LAN), hubs, switches, and routers.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 80 of 123 11. Utilities Taxes and Other Services.
(a) Utilities. The Landlord shall not be liable to the Tenant for damages in the event of an interruption in the delivery of the utility services resulting from any cause beyond Landlord's control, and the Tenant hereby releases the Landlord from any and all liability for such damages, as well as damages that may result from the bursting, stoppage or leakage of any water, gas, steam, sewer, waste, or drain pipe, and the property damage caused thereby.
The Landlord shall provide reasonable amounts of the following utilities at its expense:
x Water x Sewer x Natural Gas (for space heating) x Electricity x Removal of Municipal Waster
(b) Taxes. Note withstanding 3(d) above, the Tenant shall pay any and all real estate taxes (or taxes levied and imposed in lieu of real estate taxes as under present laws) and all special and regular municipal claims and assessments levied or imposed thereon during the Term on a pro-rata basis agreed to by Landlord and Tenant in the year in which they are levied or imposed. (Currently there are no such taxes assessed annually on the building or property.)
(c) Recycling. The Tenant agrees to source separate all recyclable materials including but not limited to paper products, periodicals, newspapers, plastic, glass and aluminum in accordance with Landlord supplied guidelines.
(d) Other Services. The Tenant shall pay all charges for its telephone service. Upon request of Tenant, other services including, but not limited to, Internet service, photocopying and facsimile use may be available at an additional charge.
(e) Heating and Cooling. The Landlord shall furnish heated and cooled air to the leased space during the following hours: 8 A.M. to 5 P.M., Monday through Friday. There will be reduced heat and no cooled air at other times and on Saturdays, Sunday and holidays.
(f) Janitorial. Only limited janitorial service will be provided by the Landlord within the leased space.
12. Hazardous and Radioactive Materials. The storage of any chemicals, hazardous or radioactive materials, or hazardous substances must be in compliance with federal, state, and local laws. The Tenant shall submit all Material Safety Data Sheets (MSDS 's) for chemicals, hazardous or radioactive materials, and hazardous substances stored on the Premises to the Landlord on annual basis (January of each year). The Tenant must declare a point of contact, including appropriate telephone numbers, to be included the Building Safety Plan in the case of an emergency. The Tenant may also be required to submit a safety plan to the Landlord.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 81 of 123 13. Insurance.
(a) Public Liability Insurance. (i) Tenant shall, at its own expense, during the Initial Lease Term and any Extended Lease Term(s), maintain in effect, comprehensive general public liability insurance against liability for bodily injury (including death) and for property damage occurring in, on or about the Premises. Such insurance shall be in the amount of not less than One Million ($1,000,000.00) Dollars, single limit for injury to any one person, and in an amount of not less than Three Million ($3,000,000.00) Dollars for bodily injuries (including death) to any number of persons in any one occurrence, and not less than Five Hundred Thousand ($500,000.00) Dollars for damage to property, in connection with Tenant's use and occupancy of the Leased Premises, unless such damage or injuries arise as a consequence of the negligence of Landlord or its agents, servants, invitees, other tenants or employees. Such policies shall name Tenant as the insured party, and Landlord as an additional insured. Each such policy shall provide that it shall not be cancelable without at least thirty (30) days prior written notice to Landlord. This Insurance is to be by one or more insurance companies authorized to do business in Pennsylvania.
(ii) Landlord shall secure and maintain general public liability insurance on the Property insuring itself against death, personal injuries or damage to property in amounts at least equal to the insurance carried by Tenant under this paragraph. Landlord shall furnish Tenant with certificates from its insurance companies evidencing such coverage if requested by Tenant.
(b) Casualty Insurance.
(i) Landlord shall, at its own expense, during the Initial Lease Term and any Extended Term(s), maintain fire, casualty and extended coverage insurance on the Property and all improvements now or later made to the Property insuring the Property for its full replacement value.
(ii) Tenant shall be responsible for maintaining casualty insurance on all equipment, fixtures, furniture, and other personal property of Tenant on or in the Leased Premises.
(c) Waiver of Subrogation. Each of the parties hereto hereby releases the other, to the extent of the releasing party's insurance coverage, from any and all liability for any loss or damage covered by such insurance which may be inflicted upon the property of such party even if such loss or damage shall be brought about by the fault or negligence of the other party, its agents or employees; provided, however, that this release, set forth in this Paragraph,
Luzerne County Council Work Session April 13, 2021 AGENDA Page 82 of 123 shall be effective only with respect to loss or damage occurring during such time as the appropriate policy of insurance shall be in effect and shall contain a clause providing that this release shall not affect said policy or the right of the insured to recover there under.
14. Indemnity. Tenant agrees to defend, indemnify and hold harmless, Landlord against any and all claims, losses, liabilities, costs and expenses arising in connection with the conduct or management of Tenant's business on the leased Premises or its use of the leased Premises during the Term of this Lease, including any extension or renewal thereof. Tenant's obligation to indemnify Landlord as set forth in this paragraph shall survive the termination of this Lease.
15. Damage or Destruction.
(a) Notice to Landlord. If the Premises or any structures or improvements on the Premises should be damaged or destroyed by fire, flood, or other casualty, Tenant shall give immediate written notice of the damage or destruction to Landlord, including a description of the damage and, as far as known to Tenant, the cause of the damage.
(b) Total or Partial Destruction. If the Building or Premises are damaged or destroyed by fire, flood, or other casualty, Landlord shall repair or rebuild the Premises at Landlord's sole option within one hundred eighty (180) days after the occurrence of said damage or destruction; provided, that the rebuilding or repairs can in Landlord's reasonable judgment be completed within one hundred eighty (180) days and at a cost not to exceed the amount of insurance proceeds received by Landlord for such purposes. If Landlord determines that it cannot repair or rebuild the Premises within one hundred eighty (180) days and at a cost not to exceed the amount of insurance proceeds received by Landlord for such purposes, then Landlord shall give Tenant written notice within thirty (30) days of the occurrence of said damage or destruction that Landlord will not be repairing or rebuilding the Premises, and this Lease shall terminate, and the rent shall be abated for the unexpired portion of this Lease.
16. Condemnation.
(a) Total Condemnation. If the whole of the Premises shall be taken by any public or quasi-public authority under the power of eminent domain, condemnation, or expropriation or in the event of a conveyance in lieu thereof or if any part of the Building is taken by condemnation, then this Lease shall terminate on the date when title vests in the condemning authority, and rent shall abate and neither party shall have any further obligations hereunder except for obligations which arise prior to such date or which survive such termination on their own terms.
(b) Partial Condemnation. If any part of the Premises shall be taken or conveyed and if such partial taking or conveyance shall, in Tenant's sole opinion, render
Luzerne County Council Work Session April 13, 2021 AGENDA Page 83 of 123 the Premises unsuitable for the business of the Tenant, then the term of the Lease shall cease and terminate as of the date on which title to the Premises vests in the condemning authority. In the event such partial taking or conveyance is not extensive enough to render the Premises unsuitable for the business of Tenant, this Lease shall continue in full force and effect except that the rent shall be adjusted equitably during the unexpired portion of the Lease.
17. Default.
(a) Tenant's Default. Each of the following events shall be deemed to be events of default by Tenant under this Lease:
(i) If Tenant shall fail to pay any installment of rent or any other sum payable to Landlord when due and such failure shall continue uncured for a period of fifteen (15) days after the same shall become due and payable; or
(ii) If Tenant shall fail to perform or observe any of the other covenants, terms or conditions contained in this Lease within thirty (30) days after written notice by Landlord; or
(iii) If a receiver or trustee is appointed to take possession of all or a substantial portion of the assets of Tenant; or
(iv) If Tenant makes an assignment for the benefit of creditors; or
(v) If any bankruptcy, reorganization, moratorium, insolvency, creditor adjustment or debt rehabilitation proceedings or the like are instituted by or against Tenant under any state or federal law; or
(vi) If Tenant becomes insolvent; or
(vii) If Tenant vacates or abandons the Premises.
(b) Remedies for Tenant's Default. On the occurrence of any event of default specified in Paragraph 17(a) Landlord may, at Landlord' s sole option, pursue any one or more of the following remedies:
(i) Upon three (3) days' written notice to Tenant, declare to be immediately due and payable, all rent due hereunder for the unexpired portion of the term;
(ii) Terminate this Lease on at least five (5) days notice to Tenant;
Luzerne County Council Work Session April 13, 2021 AGENDA Page 84 of 123 (iii) Enter upon and repossess the Premises by summary proceedings, ejectment or otherwise, and dispossess Tenant and remove Tenant and all other persons and property from the Premises and have, hold and enjoy the Premises and the rents and profits from it. Landlord may, in its own name as agent for Tenant if this Lease has not been terminated or on its own behalf of this Lease has been terminated, relet the Premises or any part of it for such term or terms and on such conditions and provisions as Landlord in its sole discretion may determine, and apply the proceeds of such re-renting against accelerated rent and all other sums due to Landlord hereunder; and/or
(iv) Exercise any remedy available to it at law or in equity.
(c) Landlord's Default. If Landlord defaults in its performance of any term, covenant, or condition required to be performed by it under this Lease, Tenant may elect to do the following:
(i) After not less than five (5) day's written notice to Landlord, Tenant may remedy such default by any necessary action and, in connection with such remedy, may pay expenses and employ counsel. All sums expended or obligations incurred by Tenant in connection with remedying Landlord's default shall be paid by Landlord to Tenant on demand.
(d) Cumulative Remedies. Notwithstanding anything contained in this Lease to the contrary, Tenant's sole remedy for a breach of any covenant of Landlord hereunder shall be a proceeding against Landlord for money damages. Tenant shall have no right, by reason of Landlord's default hereunder, to terminate this Lease, to cease paying rent, or to offset any damages claimed by Tenant against Landlord for any rent due hereunder. Except as provided herein, pursuit of any of the remedies provided in this Lease by either Landlord or Tenant shall not preclude pursuit of any of the other remedies provided in this Lease or by law.
18. Consent. It is agreed that in all cases where the consent of the Landlord is required, such consent shall not be unreasonably withheld.
19. Notice. All notice required under this Lease shall be in writing and given or served personally or by registered or certified mail, return receipt requested and postage prepaid, addressed to the Landlord or the Tenant, as the case may be, at the address set forth in the introductory paragraph of this Lease, or to such other address as either party may hereafter direct by notice given in like manner, all written notices to be effective upon delivery if personally served or when mailed, as shown by the official Post Office receipt of mailing.
20. Covenant of Quiet Enjoyment. Landlord covenants and agrees that if Tenant shall perform or observe all of the obligations and covenants to be performed or observed
Luzerne County Council Work Session April 13, 2021 AGENDA Page 85 of 123 hereunder in accordance with the terms hereof, then Tenant shall have peaceable and quiet enjoyment of the premises, without hindrance or molestation by Landlord or by any one claiming through or under Landlord.
21. Counterparts. This Lease may be executed in several counterparts, all of which constitute one and the same instrument.
22. No Brokerage. The Tenant hereby represents and warrants that it has had no undisclosed dealings or consultations with any person or entity in the negotiations leading to the execution of this Lease that might or could result in a claim for real estate commission or fee, and the Tenant hereby agrees to indemnify and save the Landlord harmless as to, and to defend the Landlord against, all liability by reason of the assertion of such a claim by any undisclosed person or entity.
23. Excusable Delay. This Lease and the obligation of the Tenant to pay rent hereunder and to perform and comply with all of the other covenants and agreements on the part of the Tenant to be performed and complied with, shall in no way be affected, impaired or excused because of any delay, failure, or inability of the Landlord to fulfill or perform any of its obligations under this Lease other than the obligation to deliver occupancy, if the delay, failure or inability is the result of: (a) strikes or labor disputes; (b) regulation of any governmental authority or agency or any department or subdivision thereof; (d) conditions of supply and demand which have been or are affected by war or other emergency; or (e) of any other cause beyond the Landlord's reasonable control. Any delays hereinabove specified shall be deemed an "excusable delay.”
24. Construction. This Lease shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. If one or more of the provisions of this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Lease and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
25. Entire Agreement. This Lease contains all the agreements and conditions between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter and no additions, alterations or changes in this Lease shall be binding unless set forth in a writing signed by all parties hereto.
26. Successors and Assigns. The terms "Landlord" and "Tenant" shall be deemed to include their heirs, personal representatives, successors and assigns, and this Lease shall inure to the benefit of and be binding upon the Landlord, the Tenant and such heirs, personal representative, successors and assigns, subject to the restriction on assignment and subletting herein set forth. The use of the singular term in all cases shall be deemed to include the plural.
Luzerne County Council Work Session April 13, 2021 AGENDA Page 86 of 123 27. Pennsylvania Law to Govern. This Agreement is being delivered in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws of such State.
28. Non-Discrimination. The Tenant agrees to provide services without discrimination to all persons regardless of age, race, color, religion, sex, handicap or national origin.
In Witness Whereof the parties have executed this Lease the day and year first above written, intending to be legally bound.
LUZERNE COUNTY, PENNSYLVANIA
______By: C. David Pedri, Esq., County Manager
TENANT:
______By: Michael T. Vough, President Judge
Luzerne County Council Work Session April 13, 2021 AGENDA Page 87 of 123 Luzerne County 2019 CSCAP for 2021 Indirect Costs CSCAP CSCAP Date Date Printed Printed 3/25/2021 4/5/2021 Indirect Costs Amount Amount Change 100-4187 Domestic Relations Office $27,824.00 $28,613.00 490 IV-D Post 10-1-00 Fed Incentive $874.00 $872.00 495 Domestic Relations IV-D $225,435.00 $225,101.00 2021 Indirect Costs $254,133.00 $254,586.00 $453.00
2021 Monthly Indirect Costs $21,177.75 $21,215.50
Direct Costs Domestic Relations Building $404,820.00 $404,486.00 ($334.00)
Monthly Costs of Ownership Lease $33,735.00 $33,707.17
Luzerne County Council Work Session April 13, 2021 AGENDA Page 88 of 123 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL
ITEM TITLE COUNCIL MEETING AGENDA Resolution Authorizing the County Manager to DATE NUMBER Execute a Contract with Thomson Reuters for April 13, 2021 Westlaw Legal Research Software
Dept: Contact: Phone:
SUMMARY:
Request for Council to approve contract with Thomson Reuters with District Attorney’s Office for legal research needed for the prosecution of criminal cases. District Attorney’s Office has utilized Thomson Reuters/Westlaw in the past for legal research, including the most recent contract covering the years 2018-2021.
FINANCING:
100% Budget funded - Year 1 ($28,380.00) Year 2 ($29,799.00) Year 3 ($31,288.92)
DISCUSSION:
Proposed contract attached. The Agreement would cover legal research for the term of 7/1/2021 through 6/30/2024 at a total cost of $89,467.92. Contract over the dollar amount threshold requiring County Council authorization (Home Rule Charter §2.09 (B)(8)).
Attachment A: Proposed Resolution
Attachment B: Proposed Contract with Thomson Reuters
Luzerne County Council Work Session April 13, 2021 AGENDA Page 89 of 123
Luzerne County Council Work Session April 13, 2021 AGENDA Page 90 of 123 RESOLUTION R-2021- LUZERNE COUNTY COUNCIL
A Resolution by the Luzerne County Council Authorizing the County Manager to Execute a Contract with Thomson Reuters for Westlaw Legal Research Software
WHEREAS, the Luzerne County Manager has the authority to recommend, and Luzerne County Council the authority to approve, the execution of certain contracts pursuant to the Luzerne County Home Rule Charter; and
WHEREAS, the Luzerne County District Attorney’s Office has for several years contracted with Thomson Reuters for access to Westlaw on-line legal research services and software necessary for the prosecution of criminal cases; and
WHEREAS, the contract for the Luzerne County District Attorney’s Office with Thomson Reuters for legal research is set to expire; and
WHEREAS, the Luzerne County Manager is recommending the execution of the contract with Thomson Reuters, subject to the terms and conditions contained in the contract presented to Council, for the provision of Westlaw legal services to the Luzerne County District Attorney’s Office; and
WHEREAS, Luzerne County Council desires to authorize the County Manager to execute such a contract.
NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the County Manager to execute a contract with Thomson Reuters, subject to the terms and conditions presented to Council, for legal research in the District Attorney’s Office needed in the prosecution of criminal cases.
This resolution shall become effective six days after adoption.
ADOPTED at a meeting of the Luzerne County Council held ______, 2021.
ROLL CALL VOTE: AYES- NAYS- LUZERNE COUNTY COUNCIL
By:______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council ______C. David Pedri, Esquire County Manager
Luzerne County Council Work Session April 13, 2021 AGENDA Page 91 of 123 RESOLUTION R-2021- LUZERNE COUNTY COUNCIL
A Resolution of the Luzerne County Council to Abate Delinquent Luzerne County Taxes for the Property Located at 1206-1208 South Prospect Street, City of Nanticoke (PIN: 42-J7SE4-006-003-000)
WHEREAS, the Home Rule Charter, Section 2.09(B)(2), gives Luzerne County Council the power to levy, establish, alter and/or abolish taxes and assessments except as may be limited by the Charter or applicable law; and
WHEREAS, the City of Nanticoke has accepted a deed dated September 18, 2020 for the property located at 1206-1208 South Prospect Street, Nanticoke from the prior from owner Edward Petroski, Jr.,; and
WHEREAS, the property located at 1206-1208 South Prospect Street, Nanticoke has been placed with Elite Revenue Solutions, LLC for tax sale due to several years of delinquent property taxes; and
WHEREAS, it is the City of Nanticoke’s intent to utilize general funds in the amount of approximately $30,000.00 to demolish the existing structure on the property which is in an advanced and deteriorating state and presents a public nuisance to Nanticoke residents; and
WHEREAS, the City of Nanticoke would ultimately then seek to sell the property and return it to active tax roll status; and
WHEREAS, the Nanticoke Area School District and City of Nanticoke have already passed Resolutions to abate their delinquent taxes related to the properties; and
WHEREAS, the outstanding Luzerne County taxes, penalties and interest on 1206-1208 South Prospect Street, City of Nanticoke (as of April 8, 2021) are:
PIN: 42-J7SE4-006-003-000
2014: $1,336.45 2015: $1,284.76 2016: $1,211.23 2017: $1,183.21 2018: $1,106.73 2019: $1,030.26 2020: $ 984.79 Total: $8,137.43
WHEREAS, Luzerne County desires to abate the delinquent County taxes, interest and penalties on 1206-1208 South Prospect Street, City of Nanticoke in the amount of $8,137.43 plus any additional interest that has accrued through the effective date of this Resolution, as well as, 2020 County taxes, including interest and penalties, subject to the following conditions: Nanticoke
Luzerne County Council Work Session April 13, 2021 AGENDA Page 92 of 123 City must demolish any unsafe structure located on the property within one (1) year of the effective date of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, the delinquent Luzerne County taxes, penalties and interest on 1206-1208 South Prospect Street, PIN 42-J7SE4-006-003-000, in the amount of $8,137.43 will be abated subject to the terms and conditions set forth above and the City of Nanticoke shall own the property free and clear of Luzerne County taxes assessed on the prior owners.
This Resolution shall become effective immediately.
ADOPTED at a meeting of Luzerne County Council held on ______, 2021.
LUZERNE COUNTY COUNCIL
ROLL CALL VOTE (0-0)
Yes: No:
By: Tim McGinley, Chair
ATTEST: Sharon Lawrence, Clerk to Council
By: C. David Pedri, Esq., County Manager
Luzerne County Council Work Session April 13, 2021 AGENDA Page 93 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 94 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 95 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 96 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 97 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 98 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 99 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 100 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 101 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 102 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 103 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 104 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 105 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 106 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 107 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 108 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 109 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 110 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 111 of 123 Luzerne County Council Work Session April 13, 2021 AGENDA Page 112 of 123 This copy shows changes
PROPOSAL PACKET
FOR PURCHASE OF LUZERNE COUNTY PROPERTY
1. Notice 2. Procedure 3. Proposal Form 4. Receipt of Proposal Packet (for internal use only) 5. Supporting Documents Checklist (for internal use only) Do we want this on the cover page?
There are not different packets for property over or under $25,000.
Removed the requirement for certification and notarization because: 1) Penalty of perjury is still there without notarization; 2) We can look up delinquent taxes and municipal bills (Elite Revenue).
1 | P a g e March 28, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 113 of 123 NOTICE
FOR PURCHASE OF LUZERNE COUNTY PROPERTY ______1. The County of Luzerne currently holds title to various properties throughout Luzerne County. 2. The County is seeking to offer these parcels for sale to willing purchasers. 3. It is expressly understood and agreed that the purchaser, as acknowledged below, is aware of all potential risks involved in this sale. 4. Luzerne County does not convey title by general warranty. Luzerne County shall convey title by quitclaim deed only and shall be held harmless and released of any liability from any effects of potential risks or defects in title. 5. Per the Luzerne County Home Rule Charter, the sale of real estate requires the approval of Luzerne County Council. 6. Luzerne County reserves the right to negotiate the price of sale with any prospective purchaser. 7. As required by Pennsylvania law, Luzerne County will not convey any property if the transaction is not for fair market value, nor if it is determined to not be in the best interests of Luzerne County. 8. Fair market value Is defined as the most probable price, expressed in terms of money, that a property would bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. 9. As required by Pennsylvania law, any transaction must be advertised for a ten (10) day period in a newspaper of general circulation in Luzerne County before the transaction may be finalized. All costs of advertisement are to be borne by the proposed purchaser. 10. The proposed purchaser must confirm that he/she is not delinquent in paying real estate taxes for any property assessed to him/her in Luzerne County and does not have municipal utility bills, in any municipality of Luzerne County, that are more than one year outstanding. 11. Payment for the purchase of property must be made in full at the time of purchase and all funds must be made payable to Luzerne County Treasurer in the form of cash, money order, cashier’s check, or certified check. All parties are advised to consult an attorney with any legal questions regarding the purchase of this property. Please sign and date in the space below indicating that you have read and agree to the terms detailed above.
______PROPOSED PURCHASER (PRINT) PROPOSED PURCHASER (SIGNATURE)
(added another signature line on all pages) ______PROPOSED PURCHASER (PRINT) PROPOSED PURCHASER (SIGNATURE)
______DATE
2 | P a g e March 28, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 114 of 123 PROCEDURE
FOR PURCHASE OF LUZERNE COUNTY PROPERTY
1. Purchaser prepares Proposal Packet, including Notice, Procedure and Proposal Form signed and dated where indicated. (removed certification)
2. Purchaser files complete packet of documents with the Luzerne County Clerk of Council. Mailing address: 200 N. River Street, Wilkes-Barre, PA 18711. Contact phone number: 570-825-1634.
3. The Clerk of Council forwards proposal to the Real Estate Committee, Luzerne County Assessor’s Office, Luzerne County Office of Law, and any other necessary department, for review and for the required documentation for the property.
4. Upon receipt of the required items, the Clerk of Council will prepare a packet for inclusion on a Council Work Session.
5. At a Council Work Session, the proposal, along with any other supporting documentation, will be reviewed by Council. Any additional supporting documentation can be requested by Council, OR if the proposal packet is deemed sufficient, Council may move the request to a Voting Session for a motion to allow the purchaser to place the required advertisement. (Approval for advertisement does not transfer property to purchaser; Luzerne County specifically retains the right to continue to negotiate the purchase with the proposed purchaser or with other interested parties following the advertisement.) 5.6. Upon approval by Council of placement of required advertisement, Office of Law provides the text of the legal advertisement to the proposed purchaser.
6.7. Purchaser provides proof of advertisement to the Luzerne County Clerk of Council.
7.8. At a subsequent Voting Session, Luzerne County Council, by Resolution adopted by at least a majority of members present at the public meeting, authorizes the property to be transferred.
______PROPOSED PURCHASER (PRINT) PROPOSED PURCHASER (SIGNATURE)
______PROPOSED PURCHASER (PRINT) PROPOSED PURCHASER (SIGNATURE)
______DATE 3 | P a g e March 28, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 115 of 123
PROPOSAL FORM
FOR PURCHASE OF LUZERNE COUNTY PROPERTY
I/We, ______, hereby submit a proposal offer in the amount of $______for the property currently owned by the County of Luzerne, Pennsylvania.
Property Parcel No.: ______
Current assessed value: $______(may not equal the fair market value)
Description of property (provide street address if known):
______
______
______
This property is situated in:
______(Municipality)
______(School District)
Print Name(s) clearly exactly how it (they) will appear on the deed:
______
______
Specific Relationship: ____Single____Married ____Separated, but married____Divorced ____Tenants in Common
Mailing address:______
Telephone number:______
______
PROPOSED PURCHASER (SIGNATURE) PROPOSED PURCHASER (SIGNATURE)
______
4 | P a g e March 28, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 116 of 123 DATE
RECEIPT OF PROPOSAL PACKET
FOR PURCHASE OF LUZERNE COUNTY PROPERTY (for internal use only)
On this date, I, the Luzerne County Clerk of Council, did receive the following documents for the proposed purchase of the property located at:______
______
From: ______
Packet Includes:
______Signed Notice Form
______Signed Procedure
______Signed Proposal Form (does not need to be notarized)
______Luzerne County Clerk of Council
______Date
Copy of all documents provided to:
Luzerne County Council Real Estate Committee (date) ______Luzerne County Assessor’s Office (date) ______
Luzerne County Office of Law (date) ______
5 | P a g e March 28, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 117 of 123
SUPPORTING DOCUMENTS CHECKLIST (this whole page is new)
FOR PURCHASE OF LUZERNE COUNTY PROPERTY (for internal use only)
Elite Revenue will provide a report to show proof of no delinquent Luzerne County real estate tax or Luzerne County municipal utility bill.
Assessor’s office will provide an opinion of the proposed purchase offer.
Tax Plat Map/Aerial view (GIS Department)______
Deed (Recorder of Deeds)______
Property Pictures, if available (Assessor’s office) ______
(Below documents are not required unless requested by Luzerne County Council)
Real Estate Appraisal - The appraisal will be performed by a Licensed/Certified Appraiser.
Paid for by Luzerne County_(need to discuss)____
Paid for by Purchaser______
Appraisal ordered (date) ______
Appraisal received (date)______
Title Search(need to discuss)______
Other supporting documentation: ______
6 | P a g e March 28, 2021 Luzerne County Council Work Session April 13, 2021 AGENDA Page 118 of 123 From: Bolich, Cheryl To: Lawrence, Sharon Subject: [EXTERNAL]: Letter of Support Requested - Freeland Borough DCNR Grant Date: Thursday, April 1, 2021 2:20:11 PM Attachments: LT._LuzerneCounty Council._20210401.pdf Tax-Map_Freeland.pdf
WARNING: This message is from an external email address. Do not click any links or open any attachments unless you recognize the sender AND you know that the contents of the email are safe to open.
Good afternoon,
We respectfully request a letter of support from your office in relation to the Freeland Borough Public Park Pavilion project. Attached you will find a sample letter and location map.
Thank you,
Cheryl A. Bolich | Division Administrative Assistant II
Alfred Bernesch & Company | 400 One Norwegian Plaza, Pottsville, PA 17901 Direct: 570-624-4260 Office: 570-622-4055 | E [email protected] W www.benesch.com
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Luzerne County Council Work Session April 13, 2021 AGENDA Page 119 of 123 Alfred Benesch & Company 400 One Norwegian Plaza Pottsville, PA 17901 www.benesch.com P 570-622-4055 F 570-622-1232 April 1, 2021
Luzerne County Council Luzerne County Courthouse 200 North River Street Wilkes-Barre, PA 18701
Subject: Freeland Borough, Luzerne County Freeland Public Park Pavilion Project No. 31199.02 Web ID. 2003328
Dear Council:
Freeland Borough is submitting a grant application to the Pennsylvania Department of Conservation and Natural Resources, for park improvements at the Freeland Public Park in the Borough of Freeland. Work to include the rehabilitation of the existing pavilion roof and gutter work, floor restoration and improved drainage around existing park.
We have provided a site location map for your reference.
Thank you for your time and consideration in this matter. Should you have any questions or comments regarding the above or enclosures, please feel free to contact our office at your convenience.
Very truly yours,
Peter Capitano Dominic J. Yannuzzi, P.E. Designer Project Manager
Attachments cc: Freeland Borough Supervisors (w/attachments)
LT._LuzerneCounty Council._20210401.docx
Luzerne County Council Work Session April 13, 2021 AGENDA Page 120 of 123 Luzerne County GIS
April 9, 2019 1:2,257 PDOT MAJOR ROADS TAX PARCELS 0 0.0275 0.055 0.11 mi
INTERSTATE ROADS 0 0.0425 0.085 0.17 km STATE ROUTE STREAMS AND PONDS Luzerne County, PA - GIS Department US ROUTE RIVERS AND LAKES Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User COUNTIES Community Spring 2016 Ortho - Luzerne County, PA IMPROVEMENTS Luzerne County Council Work Session April 13, 2021 AGENDA Page 121 of 123GIS | Mapping This map is prepared for assessement purposes only - not to provide engineering data. Introduced by Walter L Griffith Jr. 03-23-2021
COUNTY COUNCIL OF LUZERNE COUNTY, PENNSYLVANIA RESOLUTION R-2021- ____
WHEREAS, The Luzerne County Treasurer’s Office currently collects the County Property taxes for Hazleton, Nanticoke, Wilkes-Barre and Pittston cities and the County/Municipal taxes for Newport Township;.
WHEREAS, The Luzerne County Treasurer’s Office receives, deposits, receipts, disburses, reconciles and safeguards the monies of the County; collects real estate taxes for approximately 20% of all properties within the county; and provides superior customer service to the citizens of Luzerne County while fulfilling the duties and responsibilities mandated by the Commonwealth of Pennsylvania and the Home Rule Charter of Luzerne County with efficiency, productivity and transparency; and
WHEREAS, Luzerne County has imposed convenience fees for payments to the Treasurer’s Office that are made electronically using a Debit/Credit Card or Electronic Check; and
WHEREAS, Luzerne County Council wishes to eliminate the added expense of the “convenience fee” being charged to property owners for paying taxes electronically to facilitate faster and more convenient property tax payment by Luzerne County property owners and tax collection by the Luzerne County Treasurer;
NOW THEREFORE BE IT RESOLVED BY LUZERNE COUNTY COUNCIL that effective upon adoption of this Resolution, the Luzerne County Treasurer will no longer place any “Convenience Fees or Debit/Credit Card surcharges” upon the electronic or in person payment of property taxes or other payments collected by the Luzerne County Treasurer.
This Resolution shall become effective six (6) days after adoption.
ADOPTED this ______day of ______, 2021 by the Luzerne County Council.
______Clerk to County Council Chairman of Luzerne County Council Sharon Lawrence, Tim McGinley Date:______Date:______
Luzerne County Council Work Session April 13, 2021 AGENDA Page 122 of 123
Luzerne County Council Work Session April 13, 2021 AGENDA Page 123 of 123