LUZERNE COUNTY COUNCIL VOTING SESSION Video/Teleconference via TEAMS May 11, 2021
6:01 PM VOTING SESSION CALL TO ORDER
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
RECOGNITIONS & CEREMONIAL PROCLAMATIONS PROCLAMATION Eagle Scout Jareth Jungerman
ADDITIONS TO/DELETIONS FROM VOTING SESSION AGENDA
ADOPTION OF VOTING SESSION AGENDA
MOTION TO SUSPEND BYLAWS REGARDING THE REQUIREMENT A MAJORITY OF THOSE PARTICIPATING IN THE MEETING MUST BE PHYSICALLY PRESENT AT THE MEETING.
MOTION TO SUSPEND BYLAWS REGARDING THE CONDUCT OF PUBLIC MEETINGS TO THE EXTENT THAT THE CURRENT FORMAT IS INCONSISTENT WITH THE TERM OF THE STATE’S EMERGENCY DECLARATION.
PUBLIC COMMENT ON VOTING SESSION AGENDA ITEMS This is an opportunity for members of the public to address the Council on matters listed on the Agenda. Please refer to the Public Meetings Online page of County’s Website at https://www.luzernecounty.org/1279/Public-Meetings-Online for more information on how to participate in Public Comment via technology.
AGENDA ITEMS-CLERK OF COUNCIL Motion to approve minutes of the April 27, 2021 Voting Session ...... 1-5
OLD BUSINESSS
AGENDA ITEMS–COUNTY MANAGER 1. Motion to adopt resolution Authorizing the County Manager to Execute a Contract with Penn Ave Realty for Penn Place Employee Parking …...……pages 6-34 2. Motion to adopt resolution Authorizing the County Manager to Execute a Lease Addendum between Luzerne County and Luzerne County Community College for premises currently leased in the Broad Street Business Exchange Building…………….……………………………..………………………….pages 35-58 3. Motion to introduce ordinance amending the 2021 Fiscal Year Budget For Luzerne County (ERA)………………………………………………….…………….…………………..pages 59-61 4. Motion to introduce ordinance amending the 2021 Fiscal Year Budget For Luzerne County (General Fund).…………………………….……………………………….……..pages 62-64 5. Motion to introduce ordinance amending the 2021 Fiscal Year Budget For Luzerne County (D&A)……………….…………………………………………………………………..pages 65-67
AGENDA ITEMS-COUNTY COUNCIL 6. Motion to adopt resolution requiring the use of Electronic and Telecommunications for all meetings of Luzerne County Council and Authorities, Boards, and Commissions of Luzerne County……………………………….…………page 68 7. Motion to introduce ordinance to amend the Luzerne County Accountability, Conduct, and Ethics Code in accordance with the Home Rule Charter of Luzerne County…………………………………………………………………pages 69-70
PUBLIC COMMENT ON NON-AGENDA ITEMS This is an opportunity for members of the public to address the Council on matters not listed on the Agenda but which must be within the subject matter jurisdiction of the Council. Please refer to the Public Meetings Online page of County’s Website at https://www.luzernecounty.org/1279/Public-Meetings-Online for more information on how to participate in Public Comment via technology.
ADJOURNMENT
Luzerne County Council April 27, 2021 Voting Session Video/Teleconference via TEAMS Minutes
Call to Order The Luzerne County Council convened for a Voting Session on March 27, 2021, at 6:01PM via TEAMS Video/Teleconference. The meeting was called to order by Council Chair Tim McGinley.
Pledge of Allegiance and Moment of Silence
Roll Call Present Walter L. Griffith, Jr. Harry Haas Linda McClosky Houck Lee Ann McDermott Tim McGinley Chris Perry Kendra M. Radle Sheila Saidman, Esq. Robert Schnee Stephen J. Urban Matthew Vough
Also Present C. David Pedri, Esq., County Manager Romilda P. Crocamo, Chief County Solicitor Vito DeLuca, Esq. Sharon Lawrence, Clerk of Council
Recognitions/Ceremonial Proclamations None
Luzerne County Council Voting Session April 27, 2021 Page 1 of 5 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 1 of 70
Additions to/Deletions from Voting Session Agenda None
Adoption of Voting Session Agenda Motion to Adopt Voting Session Agenda by: Ms. McDermott Second: Mr. Schnee Vote: Eleven (11) Ayes – Unanimous Motion Passed (11-0) The Voting Session Agenda is Adopted
Motions Motion to suspend Bylaws regarding the requirement a majority of those participating in the meeting must be physically present by: Ms. Houck Second: Mr. Schnee Vote: Eleven (11) Ayes – Unanimous Motion Passed (11-0)
Motion to suspend Bylaws regarding the conduct of public meetings to the extent that the current format is inconsistent with the term of the State’s Emergency Declaration by: Ms. Radle Second: Mr. Perry Vote: Ten (10) Ayes by Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) Nay by Mr. Griffith Motion Passed (10-1)
Public Comment on Agenda Items Due to COVID-19 all meetings are currently held via Video/Teleconference. WRITTEN comments are submitted electronically via EMAIL or TEAMS. A copy of the full written comment for each speaker is posted under the corresponding meeting agenda. VERBAL comments, in their entirety, can be heard by accessing the public comment portion of the meeting recording posted next to the meeting agenda.
Mark Rabo (Hazleton) commented Verbally regarding the RACP grant and the Hazleton area LERTA.
Mr. McGinley read Public Comment Email from: Warren Faust (Wilkes-Barre Township)
Luzerne County Council Voting Session April 27, 2021 Page 2 of 5 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 2 of 70
Motion to adopt minutes of the April 13, 2021 Voting Session Motion by: Ms. Radle Second: Ms. McDermott Vote: Nine (9) Ayes by Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough Two (2) Nays by Mr. Griffith and Mr. SJ Urban Motion Passed (9-2) The April 13, 2021 Voting Session Minutes are Adopted
Old Business Mr. Griffith requested an update from the County Manager on the Coroner’s report and District Attorney’s report regarding the prison suicide. Mr. Griffith asked about the Codification RFP. Mr. McGinley and Atty. Crocamo responded.
Agenda Items 1. Motion to adopt resolution adopting the 2021 Lackawanna-Luzerne Counties Comprehensive Plan Motion by: Mr. Haas Second: Mr. Schnee Roll Call Vote: Nine (9) Yes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Mr. Schnee and Mr. Vough One (1) No by Mr. SJ Urban Ms. Saidman was having trouble with her computer/audio connection and was not able to vote. Motion Passed (9-1) Resolution is Adopted
2. Motion to approve resolution Approving the Settlement of Pending Litigation in the Matter of Leonard D. Omolecki, Jr. v. Luzerne County Motion by: Mr. Perry Second: Ms. Radle Motion to Table by: Mr. Griffith Second: Mr. Schnee Roll Call Vote: Nine (9) Yes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. Perry, Ms. Radle, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) No by Mr. McGinley Ms. Saidman was having trouble with her computer/audio connection and was not able to vote. Motion Passed (9-1) Resolution is Tabled
Luzerne County Council Voting Session April 27, 2021 Page 3 of 5 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 3 of 70
3. Motion to approve 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 Motion by: Ms. McDermott Second: Mr. Schnee Roll Call Vote: Ten (10) Yes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Mr. Schnee, Mr. SJ Urban and Mr. Vough Ms. Saidman was having trouble with her computer and audio connection and was not able to vote. Motion Passed (10-1) Resolution is Adopted
4. Motion to approve resolution Providing Tax Exemption for New Construction in Deteriorated Areas under the Local Economic Revitalization Tax Assistance Act (Bluecup Ventures LLC) Motion by: Ms. McDermott Second: Mr. Schnee
NOTE: Ms. Saidman reconnected and was able to vote for the rest of the meeting.
Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted
5. Motion to approve 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 Motion by: Mr. Schnee Second: Ms. Radle Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted
6. Motion to approve resolution Authorizing the County Manager to Execute a Contract with Thomson Reuters for Westlaw Legal Research Software Motion by: Ms. Saidman Second: Ms. McDermott Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted
Luzerne County Council Voting Session April 27, 2021 Page 4 of 5 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 4 of 70
7. Motion to adopt 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) Motion by: Ms. Saidman Second: Ms. McDermott Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted
Public Comment on Non-Agenda Items: Due to COVID-19 all meetings are currently held via Video/Teleconference. WRITTEN comments are submitted electronically via EMAIL or TEAMS. A copy of the full written comment for each speaker is posted under the corresponding meeting agenda. VERBAL comments, in their entirety, can be heard by accessing the public comment portion of the meeting recording posted next to the meeting agenda.
Mark Rabo (Hazleton) commented Verbally regarding tax abatement, Hazleton Land Bank, and Broad Street Exchange Building.
Richard Manta (Back Mountain) commented Verbally regarding tax abatement, LERTAS and area businesses, and Luzerne County and WVSA.
Mr. McGinley read Public Comment Email from: Laura Pinero
Adjournment Motion to Adjourn: Mr. Perry Second: Mr. SJ Urban Vote: Eleven (11) Ayes – Unanimous Meeting Adjourned at 6:51 PM
Respectfully Submitted, Sharon Lawrence Clerk of Council
* Audio of this meeting can be found in its entirety on the County Council webpage http://www.luzernecounty.org/county/luzerne-county-council or by contacting the Office of the Clerk of Council at (570) 825-1634 or via email to [email protected]
Luzerne County Council Voting Session April 27, 2021 Page 5 of 5 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 5 of 70 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL
ITEM TITLE COUNCIL MEETING AGENDA Resolution Authorizing the County Manager to DATE NUMBER Execute a Contract with Penn Ave Realty for Penn April 27, 2021 Place Employee Parking
Dept: Contact: Phone:
SUMMARY:
Request for Council to approve contract with Penn Ave Realty for parking for employees working at the Penn Place office building. New contract would provide guaranteed parking space availability through December 31, 2023 at a fixed cost.
FINANCING:
Cost per parking spot per month is $29.75. Contract has flexibility to meet County’s needs each year. Parking spaces may increase or decrease. The current need for the County is 120 parking spaces (50 county staff and 70 Probation/Courts).
Under the current utilization of 120 spots, the cost to the county will be $3,570.00 per month, or $42,840.00 yearly.
DISCUSSION:
The proposed contract is attached. The Agreement would cover parking spaces through December 31, 2023 at an estimated total cost of $128,520.00. Contract presented to Council as it is over the unbudgeted dollar amount threshold requiring County Council authorization (Home Rule Charter §2.09 (B)(8)).
Attachment A: Proposed Resolution
Attachment B: Proposed Contract with Penn Ave Realty
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 6 of 70
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 7 of 70 RESOLUTION R-2021- LUZERNE COUNTY COUNCIL
A Resolution by the Luzerne County Council Authorizing the County Manager to Execute a Contract with Penn Ave Realty for Penn Place Employee Parking
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, Luzerne County issued a Request for Proposals regarding the lease of parking spaces; and
WHEREAS, the successful respondent, Penn Ave Realty, and Luzerne County have negotiated a contract locking in pricing for the parking spaces over the next three years; and
WHEREAS, the Luzerne County Manager is recommending the execution of the contract with Penn Ave Realty, subject to the terms and conditions contained in the contract presented to Council, for the parking spaces for Penn Place staff; 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 Penn Ave Realty, subject to the terms and conditions presented to Council, for parking for employees at Penn Place office building.
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 Voting Session May 11, 2021 AGENDA Page 8 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 9 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 10 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 11 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 12 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 13 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 14 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 15 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 16 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 17 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 18 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 19 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 20 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 21 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 22 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 23 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 24 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 25 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 26 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 27 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 28 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 29 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 30 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 31 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 32 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 33 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 34 of 70 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL
ITEM TITLE COUNCIL MEETING AGENDA LCCC Lease Addendum #1 DATE NUMBER Broad Street Business Exchange 2021-0427 Dept: Engineering Contact: Eddie O’Neill Phone: 570-237-1082
DEPARTMENTAL RECOMMENDATION:
Request for approval to authorize the County Manager to execute a Lease Agreement Amendment #1 with Luzerne County Community College (LCCC), who currently leases space in the Broad Street Business Exchange Building, to reflect both retroactive and forthcoming changes in leased space, the unit rate for the leased space (retroactive), annual escalation % (retroactive and forthcoming) and term for the lease (forthcoming).
SUMMARY:
LCCC currently leases space in the Broad Street Business Exchange in Hazleton to operate a satellite campus for the Greater Hazleton Area. Since the commencing the lease on August 1, 2018, the amount of space leased has been expanded with more space to be acquired going forward. The proposed amendment includes changes occurring January 1, 2020 (space & rate-retroactive), July 1, 2020 (escalation %), and July1annually through 2025 (escalation & term).
FINANCING:
LCCC will pay Luzerne County the monthly fee for an 8-year (7 years & 11 months) period in accordance with the attached fee schedule for the duration of the Lease Addendum period ending June 30, 2026.
DISCUSSION:
Does County Council have any reason to oppose leasing additional county-owned space to LCCC and extending the term of the lease allowing them to expand their presence at the Hazleton Satellite Campus?
ALTERNATIVES:
The space desired by LCCC could be denied and offered to current leases or advertised to lease to other entities. This could threaten the stability of revenue to the Broad Street Building and possibly lead to LCCC looking to move their campus to another location. This would not be the recommendation of the Operations Division.
OTHER AGENCY INVOLVEMENT:
LCCC
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 35 of 70 RESOLUTION R-2021-_____ LUZERNE COUNTY COUNCIL
A Resolution of the Luzerne County Council Authorizing the County Manager to Execute a Lease Addendum between Luzerne County and Luzerne County Community College for premises currently leased in the Broad Street Business Exchange Building
WHEREAS, Luzerne County Council has authority to approve of all leases concerning real property; and
WHEREAS, Luzerne County Community College currently leases space in the Broad Street Business Exchange Building located in Hazleton for use as a satellite campus; and
WHEREAS, Luzerne County Community College seeks to expand their satellite campus by leasing additional space in the same Broad Street Business Exchange Building; and
WHEREAS, the proposed Lease Addendum clarifies the expanded space leased to Luzerne County Community College as well as additional rents owed as a result of the Lease Addendum; and
WHEREAS, Luzerne County Council desires to authorize the County Manager to execute the Lease Addendum.
NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the County Manager to execute a Lease Addendum with Luzerne County Community College to modify the total amount of leased space (Sq. Ft.) and lease rate ($ / Sq. Ft.) on specified dates in the Broad Street Business Exchange Building.
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 Voting Session May 11, 2021 AGENDA Page 36 of 70 From: [email protected] To: Mark Sobeck; Rich Sobeck; Mike Sobeck; O"Neill, Edmund Cc: [email protected] Subject: [EXTERNAL]: USE THIS ONE PLEASE Revised Hazleton Center Lease Addendum and payment schedule Date: Friday, March 19, 2021 9:59:54 AM Attachments: CAFY2019-188 Hazleton Center Lease 2018-2023.pdf REVISED DRAFT Addendum 1 re Hazleton 3 19 21.pdf Hazleton Center Lease payments - 3 19 21.pdf Importance: High
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 Morning -
PLEASE DISREGARD YESTERDAY'S EMAIL ON THE SAME... one of the formula's was off (effected future annual lease totals) and THIS IS CORRECT.
Thank you for our zoom meeting yesterday. Please find the attached REVISED DRAFT Addendum #1 to the Hazleton Center Lease Agreement between Luzerne County Community College and the County of Luzerne. The changes include what we spoke about earlier today: 1. January 1, 2020 start date for the additional rooms 111 and 113 at a rate of $10.50/square foot 2. price escalation of 1% annually begins July 1, 2020 3. extension of the lease through June 30, 2026 4. removal of reference to rooms we plan to have in the future (addendum #2 will be added once we have the space)
Also attached is the Hazleton Center Lease payments spreadsheet. I tried to clearly define and identify each of the pieces of information with what is included, what we have paid (it assumes the same payments through June 30, 2021), what we owe based on the changes and payments. It indicates that for the period between January 1, 2020 and June 30, 2021 the College will owe the County an additional $64,064.93. This difference is due to the additional rooms (111 and 113), the defining of the $10.50 per square foot lease rate, and the change to a 1% annual escalation.
Please let me know if you have any questions or concerns with the attached. I would be happy to walk through them with you. I have also included the original lease for your use and information (CAFY2019-188).
Thank you and have a good day - stay safe, Natalie
Natalie Staron Operations Analyst Luzerne County Community College 1333 South Prospect Street Nanticoke, PA 18634 Direct dial phone: 570-740-0353 Toll Free: 1-800-377-5222 ext 7353 fax: 570-740-0760
The contents of this email message and any attachments originating from Luzerne County
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 37 of 70 Community College's email system are for the intended recipients only and may contain confidential and/or privileged information legally protected from disclosure. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by replying to the email and then deleting the message and any attachments. Also, if you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.
Luzerne County Community College
"Northeastern Pennsylvania's Community College"
www.luzerne.edu
800-377-5222 If you have concerns about the validity of this message, contact the sender directly, or the Luzerne County IT Department at [email protected]
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 38 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 39 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 40 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 41 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 42 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 43 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 44 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 45 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 46 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 47 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 48 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 49 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 50 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 51 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 52 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 53 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 54 of 70 Addendum #1 to Lease Agreement (CAFY2019-188) between the County of Luzerne (“LESSOR”) and Luzerne County Community College (“LESSEE”) Re: additional space
The parties shall agree to remove Article 1, Article 2, Article 3, and Article 4 as well as the related Exhibits: A-1, A-2, and A-4 and replace them with the below and attached. All other Articles and Exhibits shall remain in place as they are currently. By placing below their authorized signature, the parties shall amend the Lease Agreement (CAFY2019-188) through the end of the term.
1. Article 1. Leased Premises The LESSOR does lease, demise, and let unto LESSEE the interior of space in the Broad Street Business Exchange Building in the City of Hazleton, County of Luzerne, Commonwealth of Pennsylvania, described as follows: space located on the first, second, and fourth floors as summarized below and outlined in yellow on the attached Exhibits “A-1”, “A-2”, and “A-3”. (Exhibit “A-4” shall be incorporated into Exhibit “A-1” and therefore removed from the Lease Agreement.) Leased space shall be used and occupied as computer rooms, classrooms, offices, student lounge, science lab, and storage, and for no other purpose.
From Lease Period date July 1, 2019 through December 31, 2019, 15,545 square feet of space among the first, second, and fourth floors were occupied by LESSEE with a monthly lease rate of $11,678.03, $140,136.36 annual.
Beginning January 1, 2020 through June 30, 2026, LESSEE occupied additional space on the first floor (rooms 111 and 113) for total leased square feet of 17,369.
2. Article 2. Term The Initial Term of the Agreement shall be eight (8) years, commencing on August 1, 2018 (the “Commencement Date”) and terminating on June 30, 2026, unless terminated earlier pursuant to this Agreement (the “Term”).
3. Article 3. Rent The lease amount for the first eleven months of this Agreement shall be One Hundred Twenty- Three Thousand and Three Hundred and Seventy-Four Dollars and Thirty-Five Cents ($123,374.35) payable in equal monthly installments of Eleven Thousand Two Hundred Fifteen Dollars and Eighty-five Cents ($11,215.85) for the period of August 2018 through November 2018; and Eleven Thousand Five Hundred Sixty-Three Dollars and Eighty-five Cents ($11,563.85) for the period of December 2018 through June 2019, due in advance on the first (1st) day of each and every month beginning August 1, 2018.
The Lease Amount for each year until June 30, 2020 shall increase by .5%, adjusted annually for the July payment. The cost per square foot, beginning January 1, 2020, shall be $10.50 per square foot. The Lease Amount for each subsequent year, beginning July 1, 2021, shall increase by 1%, adjusted annually for the July payment. An illustration of the agreed upon Lease
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 55 of 70 Amounts that were paid by Tenant during the negotiation of this Lease term, as well as, the Lease Amounts for the first eight (8) year Term is as follows:
Lease Period Annual Lease Amount Monthly Lease Amount
August 1, 2018 - November 30, 2018 $11,215.85 December 1, 2018 - June 30, 2019 $11,563.85
July 1, 2019 - June 30, 2020 $161,255.43 July 1, 2019 - December 31, 2019* $70,068.18 $11,678.03
January 1, 2020 - June 30, 2020* $91,187.25 $15,197.88
July 1, 2020 - June 30, 2021 $183,782.87 $15,315.24
July 1, 2021 - June 30, 2022 $185,620.70 $15,468.39
July 1, 2022 - June 30, 2023 $187,476.91 $15,623.08
July 1, 2023 - June 30, 2024 $189,351.68 $15,779.31
July 1, 2024 - June 30, 2025 $191,245.19 $15,937.10
July 1, 2025 - June 30, 2026 $193,157.64 $16,096.47
* six months
4. Article 11. Renovations LESSEE is granted the authority to perform renovations necessary to turn the occupied space into functioning classrooms, computer labs, offices, science labs, and/or student lounge space. All renovations must be approved by the LESSOR prior to the work being commenced. Further, LESSEE will bear the costs of said renovations at their sole expense, with the exception to the following LESSOR paid expenses: windows, doors, outlets, lights, minor demo, painting, and flooring, as agreed upon in advance.
All furniture, equipment, and/or data lines for said space shall be the sole expense of the LESSEE. Further, if a science lab is created, LESSEE shall be solely responsible for all the related expenses, including oversight of the architect and engineer managing the renovations.
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 56 of 70 All contractors working at the Broad Street Business Exchange Building must comply with the Rules and Regulations promulgated in the attached Exhibit “B”.
5. Entire Agreement: This Lease Agreement including Addendum #1 constitutes the entire Agreement between the parties. Any and all previous oral and/or written agreements between the parties regarding these issues are herewith superseded.
LESSOR: LESSEE: Luzerne County, Pennsylvania Luzerne County Community College
______C. David Pedri, Luzerne County Manager Date Thomas P. Leary, President Date
______Attest Attest
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 57 of 70 Lease Period Annual Lease Monthly Lease Difference between LCCC paid Included in Annual Lease Amount Amount Amount NEW AMOUNT and WHAT LCCC PAID August 1, 2018 - November 30, 2018 $ 11,215.85 based on original lease December 1, 2018 - June 30, 2019 $ 11,563.85 based on original lease Room 109 added July 1, 2019 - June 30, 2020 $ 161,255.43 July 1, 2019 - December 31, 2019* $ 70,068.18 $ 11,678.03 $ - 6 months; 15,545 square feet $11,678.03/mo based on original lease January 1, 2020 - June 30, 2020* $ 91,187.25 $ 15,197.88 $ 21,119.10 $11,678.03/mo Rooms 111 and 113 added .05% escalation 17,369 square feet at $10.50/sqft July 1, 2020 - June 30, 2021 $ 183,782.87 $ 15,315.24 $ 42,945.83 $11,736.42/mo 17,369 square feet at $10.50/sqft .05% escalation 1% annual escalation July 1, 2021 - June 30, 2022 $ 185,620.70 $ 15,468.39 17,369 square feet at $10.50/sqft 1% annual escalation July 1, 2022 - June 30, 2023 $ 187,476.91 $ 15,623.08 17,369 square feet at $10.50/sqft 1% annual escalation July 1, 2023 - June 30, 2024 $ 189,351.68 $ 15,779.31 17,369 square feet at $10.50/sqft 1% annual escalation July 1, 2024 - June 30, 2025 $ 191,245.19 $ 15,937.10 17,369 square feet at $10.50/sqft 1% annual escalation July 1, 2025 - June 30, 2026 $ 193,157.64 $ 16,096.47 17,369 square feet at $10.50/sqft 1% annual escalation TOTAL: $ 64,064.93 * six months
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 58 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 59 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 60 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 61 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 62 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 63 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 64 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 65 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 66 of 70 Luzerne County Council Voting Session May 11, 2021 AGENDA Page 67 of 70 RESOLUTION R-2021- LUZERNE COUNTY COUNCIL
A Resolution by the Luzerne County Council requiring the use of Electronic and Telecommunications for all meetings of Luzerne County Council and Authorities, Boards, and Commissions of Luzerne County
WHEREAS, Luzerne County residents adopted a Home Rule Charter on November 2, 2010; and
WHEREAS, The Preamble of the Luzerne County Charter states,” The citizens of Luzerne County have both the right and responsibility to participate in all phases of County government and, united by a common desire for truth, accountability, and openness, we the people of Luzerne County enact this Charter;” and
WHEREAS, Luzerne County Council and all Luzerne County Authority, Boards and Commissions have been meeting by electronic and telecommunications since March 2020, due to an Proclamation of Disaster Emergency declaration by the Governor of Pennsylvania on March 6th 2020; and
WHEREAS, The Pennsylvania Sunshine Act, 65 Pa.C.S. §§ 701-716, requires agencies to deliberate and take official action on agency business in an open and public meeting, and further requires that meetings have prior notice, and that the public can attend, participate, and comment before an agency takes that official action;
NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council hereby requires that all meetings of Luzerne County Council and/or Authority, Boards or Commissions of Luzerne County provide for citizens of Luzerne County to be able to attend these meetings electronically and/or via telecommunications in addition to being able to attend in public when the emergency declaration is no longer active.
This resolution shall become effective 6 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 Voting Session May 11, 2021 AGENDA Page 68 of 70
Ordinance No. 2021-_____ An Ordinance of the County of Luzerne to amend the Luzerne County Accountability, Conduct, and Ethics Code in accordance with the Home Rule Charter of Luzerne County WHEREAS, Article IX of the Home Rule Charter of Luzerne County requires an Accountability, Conduct, and Ethics Code be established that prohibits Luzerne County public officials, and employees from receiving benefits other than lawful compensation resulting from public positions; and WHEREAS, the Luzerne County Council adopted an Accountability, Conduct, and Ethics Code by Ordinance 2012-4 on April 24, 2012; and WHEREAS, the Luzerne County Council amended the Accountability, Conduct, and Ethics Code by Ordinance 2014-8 on October 14, 2014; and WHEREAS, Section 9:02 of the Home Rule Charter provides that the “County Council may amend the Accountability, Conduct, and Ethics Code by ordinance”; and WHEREAS, the Luzerne County Council wishes to amend the language in the Accountability, Conduct, and Ethics Code to reflect the following changes in the Code at Section 105:01 (D) 2 and Section 105:01 (D) 3 which reads as follows: D. The designated ACE Attorney shall: 2. Notify the respondent; and 3. Keep the substance of the complaint confidential; NOW, THEREFORE BE IT ENACTED AND ORDAINED BY THE LUZERNE COUNTY COUNCIL that Luzerne County Accountability, Conduct, and Ethics Code reflect the following changes in the Code at Section 105:01 (D) 2 and Section 105:01 (D) 3 which reads as follows D. The designated ACE Attorney shall: 2. Notify the respondent that a complaint has been filed and is under review by the Accountability, Conduct, and Ethics Commission 3. Provide a time stamped copy of the complaint filed by the Complainant to the Respondent.
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 69 of 70
This Ordinance shall take effect on the fifteenth day (15) following its enactment.
Attest: ______Sharon Lawrence Clerk of County Council Tim McGinley Council Chair
YEAS NYES Walter L Griffith Jr Harry Haas Linda McClosky Houck LeeAnn McDermott Tim McGinley Chris Perry Kendra Radle Sheila Saidman Robert Schnee Stephen J Urban Matt Vough
Luzerne County Council Voting Session May 11, 2021 AGENDA Page 70 of 70