LUZERNE COUNTY COUNCIL VOTING SESSION Video/Teleconference Via TEAMS August 11, 2020 6:01PM

LUZERNE COUNTY COUNCIL VOTING SESSION Video/Teleconference via TEAMS August 11, 2020 6:01PM

5:00 EXECUTIVE SESSION (Litigation)

5:30 PUBLIC HEARING 1 (Capital Plan)

5:45 PUBLIC HEARING 2 (Rezoning Wyoming Boro)

6:01 PM VOTING SESSION CALL TO ORDER

PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

ROLL CALL

RECOGNITIONS & CEREMONIAL PROCLAMATIONS

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 July 28, 2020 Voting Session ...... pages 1-7

OLD BUSINESSS

AGENDA ITEMS-COUNTY MANAGER 1. Motion to adopt ordinance adopting the 2021 Long-Range Operational, Fiscal and Capital Plan for Luzerne County ...... pages 8-14 2. Motion to approve resolution Approving the Settlement of Pending Litigation in the Matter of William J. Martin v. County of Luzerne……………………….……..………pages 15-16 3. Motion to approve resolution Requesting Community Development Block Grant- Disaster Recovery Funding from the Pennsylvania Department of Community & Economic Development………………………………………………………………………………………pages 17-28

AGENDA ITEMS-COUNTY COUNCIL 4. Motion to adopt ordinance Amending the Luzerne County Zoning Map to Re-Zone One Parcel of Property totaling 0.13 acres in Wyoming Borough from R-1, Single Family Residence Zone to Highway Business District (B-3) Zone…….…..pages 29-32 5. Motion to adopt resolution Appointing a Council Member to the Blighted Property Review Committee ...... pages 33-40 6. Motion to approve the Luzerne/Schuylkill WDB Budget for Program Year (PY) 2020 in accordance with the Workforce Innovation and Opportunity Act (WIOA) ...... pages 41-44 7. Motion to introduce ordinance to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 20, Department 4114 Budget and Finance Administration ...... pages 45-49 8. Motion to introduce ordinance to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 80, Public Defender, Department 4152 Public Defender (PTPD) ...... pages 50-52 9. Motion to introduce ordinance to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 80, Public Defender, Department 4152 Public Defender (CSWRKR) ...... pages 53-55

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 July 28, 2020 Meeting Video/Teleconference via TEAMS Minutes

Call to Order The Luzerne County Council convened for a Voting Session on July 28, 2020 at 6:32PM via TEAMS Video/Teleconference. The meeting was called to order by Council Chair Tim McGinley.

Pledge of Allegiance and Moment of Silence Mr. Schnee asked to have a Moment of Silence for Judge Andrew Barilla. Mr. McGinley agreed and stated the Moment of Silence will be in honor of former Magisterial Judge Andrew Barilla preceded by the Pledge of Allegiance.

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

Luzerne County Council Voting Session July 28, 2020 Page 1 of 7 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 1 of 55

Vito DeLuca announced Council met in an Executive Session today from 5PM until 5:30PM and received a report regarding two pieces of litigation. One was the Trump Campaign vs. Luzerne County Board of Elections and the second was Martin vs. Luzerne County. No deliberations took place and no decisions were made. Mr. McGinley noted that the Executive Session ran over until approximately 5:45PM.

Recognitions/Ceremonial Proclamations Mr. McGinley announced the retirements of: Richard Gavlick, Supply Clerk, LCCF Erin E. Joyce, Deputy Sheriff 1, Sheriff Kimberly J. Karavitch, Corrections Officer, LCCF Elizabeth W. Kinter, Admin Officer 1, Area Agency on Aging James T. Nardone, Caseworker 2, Children & Youth Services Paula Schnelly, Administrative Assistant, District Attorney Wilma M. Snopek, Caseworker 2, Children & Youth Services Mary Wallace, Executive Admin Asst, Coroner Letters of thanks and congratulations will be sent out to them from Council.

Ms. Radle thanked all retirees for their service to the County and gave a special Shout Out to Erin Joyce from the Sheriff’s Department.

Additions to/Deletions from Meeting Agenda None

Adoption of Voting Session Agenda Motion to Adopt Voting Session Agenda by: Ms. Saidman Second: Ms. Houck 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)

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

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.

Brian Shiner (Kingston) commented Verbally regarding the Position Budget Ordinances, Inspectors and the Real Estate Property Tax Penalty Extension Ordinance.

Mark Rabo (Hazleton) commented Verbally regarding the Real Estate Property Tax Penalty Extension Ordinance.

Richard Manta (Back Mountain) commented Verbally regarding the Budget and Line Items for the COVID money and Rain Tax.

Motion to adopt Minutes of the July 14, 2020 Voting Session Motion by: Mr. Schnee Second: Mr. Griffith Vote: Ten (10) Ayes by Mr. Griffith, Mr. Haas, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough One (1) Nay by Mr. SJ Urban Motion Passed (10-1) The July 14, 2020 Voting Session Minutes are Adopted

OLD BUSINESS Walter Griffith addressed:  Codification and the Codification RFP

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

2. Motion to adopt resolution Appointing a Member to the Luzerne County Transportation Authority Motion to Open Nominations by: Ms. Radle Second: Mr. SJ Urban Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Open Ms. Radle nominated: Jeffrey Kubitz Second: Mr. Perry Mr. Griffith nominated: John Young Second: Ms. McDermott Ms. Houck nominated: Thomas Bindus Second: Ms. Saidman Motion to Close Nominations by: Ms. McDermott Second: Mr. Haas Vote: Eleven (11) Ayes - Unanimous Motion Passed (11-0) Nominations Closed Roll Call Vote (select one name): Mr. Griffith: Young Mr. Haas: Young Ms. Houck: Bindus Ms. McDermott: Young Mr. McGinley: Bindus Mr. Perry: Kubitz Ms. Radle: Young Ms. Saidman: Bindus Mr. Schnee: Kubitz Mr. Stephen J. Urban: Young Mr. Vough: Bindus Results: Young 5 Bindus 4 Kubitz 2 Jeffrey Kubitz is eliminated with 2 votes. each. A Roll Call Vote will be taken on the remaining 2 names.

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Roll Call Vote (1 name): Mr. Griffith: Young Mr. Haas: Young Ms. Houck: Bindus Ms. McDermott: Young Mr. McGinley: Bindus Mr. Perry: Bindus Ms. Radle: Young Ms. Saidman: Bindus Mr. Schnee: Bindus Mr. Stephen J. Urban: Young Mr. Vough: Bindus Results: Young 5 Bindus 6 Motion to adopt resolution appointing Thomas Bindus to the Luzerne County Transportation Authority by: Ms. Houck Second: Ms. Saidman Roll Call Vote: Eleven (11) Yes – Unanimous Motion Passed (11-0) Resolution is Adopted

3. Motion to introduce ordinance Amending the Luzerne County Zoning Map to Re-Zone One Parcel of Property totaling 0.13 acres in Wyoming Borough from R-1, Single Family Residence Zone to Highway Business District (B-3) Zone Roll Call Vote: Eleven (11) Yes - Unanimous Motion Passed (11-0) Ordinance is Introduced

4. Motion to adopt ordinance to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 60, Department 4197 Sheriff Motion by: Ms. Houck Second: Mr. Griffith Roll Call Vote: Four (4) Yes by Mr. Griffith, Mr. Haas, Ms. Houck and Mr. SJ Urban Seven (7) No by Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough Motion Failed (4-7) Ordinance Failed

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5. Motion to adopt ordinance to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 30, Department 4120 Elections Motion by: Mr. Griffith Second: Ms. Houck Roll Call Vote: Four (4) Yes by Mr. Griffith, Mr. Haas, Ms. Houck and Mr. SJ Urban Seven (7) No by Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough Motion Failed (4-7) Ordinance Failed

6. Motion to adopt Ordinance Amending Ordinance 2020-05 for the Reduction of the Penalty Period Fees for the 2020 Luzerne County Real Estate Taxes Motion by: Mr. Griffith Second: Mr. SJ Urban Roll Call Vote: Four (4) Yes by Mr. Griffith, Mr. Haas, Ms. Houck and Mr. SJ Urban Seven (7) No by Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee and Mr. Vough Motion Failed (4-7) Ordinance Failed

7. Motion to approve the Luzerne/Schuylkill WDB Budget for Program Year (PY) 2020 in accordance with the Workforce Innovation and Opportunity Act (WIOA) Motion by: Mr. Griffith Second: Mr. Perry Motion to Table by: Ms. Houck Second: Mr. SJ Urban Roll Call Vote: Ten (10) Yes by Mr. Griffith, Ms. Houck, Ms. McDermott, Mr. McGinley, Mr. Perry, Ms. Radle, Ms. Saidman, Mr. Schnee, Mr. SJ Urban and Mr. Vough One (1) No by Mr. Haas Motion Passed (10-1) Item is Tabled

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 the vote on the Penalty and the Position Budget ordinance and the Election Office.

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Richard Manta (Back Mountain) commented Verbally regarding WVSA and the Budget and Rain Tax Line Item.

Brian Shiner (Kingston) commented Verbally regarding the Real Estate Property Tax Penalty Extension Ordinance and LCCF visitations and phone calls.

Motion to Adjourn: Ms. Houck Second: Ms. Radle Vote: Eleven (11) Ayes – Unanimous Meeting Adjourned at 8:19 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 July 28, 2020 Page 7 of 7 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 7 of 55 No. 2020-___

ORDINANCE

An Ordinance of County Council for the County of Luzerne Adopting the 2021 Long-Range Operational, Fiscal and Capital Plan for Luzerne County

WHEREAS pursuant to section 5.17 of the Luzerne County Home Rule Charter, the County Manager is required to submit to County Council a long-range plan for public operations and services, fiscal policy and capital improvements covering at least the three subsequent fiscal years; and

WHEREAS, the plan proposed contains two sections: the “Long-Range Financial Plan” detailing spending and revenue sources in the 2021 General Fund Budget, as well as, financial projections through 2024 and, secondly, the “Luzerne County Capital Project Planning” detailing the capital projects requiring funding and ranking of projects in order of need; and

WHEREAS, County Council for Luzerne desires to adopt the 2021 Long-Range Operational, Fiscal and Capital Plan (“Capital Plan”) as set forth in the attached Plan.

NOW, THEREFORE, the following is hereby ENACTED and ORDAINED by the Luzerne County Council:

SECTION ONE. Incorporation of Preamble.

The provisions set forth in the preamble to this Ordinance are incorporated herein by reference in their entirety.

SECTION TWO. Approval of the 2021 Long-Range Operational, Fiscal and Capital Plan

County Council hereby approves the attached 2021 Capital Plan which is incorporated herein by reference.

SECTION THREE. Effective Date.

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

Enacted by County Council, this ____ day of ______, 2020.

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 8 of 55 LUZERNE COUNTY COUNCIL

AYES: NAYS:

Attest:

______Tim McGinley, Chair

______Sharon Lawrence, Clerk of County Council

______Chris Perry, Vice-Chair

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 9 of 55 Luzerne County Capital Projects Annual Bond Summary May 28, 2020

194 Fund Description Cost Comments Balance

The D.A. Nolt settlement of $475,000 is included in this total. It also has the associated 194 Bond Fund Balance as of 12/31/2016 $ 11,278,489 legal costs totaling $89,305 included.

194 Bond Fund Balance as of 12/31/2017 $ 8,548,259

194 Bond Fund Balance as of 12/31/2018 $ 5,069,552

Funds ($3,000,000) added from Reserve by Ordinance No. 2019-01 and New Project 194 Bond Fund Balance as of 12/31/2019 $ 4,516,092 created by Ordinance No. 2019-02 (Approved at 1/22/2019 Meeting).

194 Bond Fund Balance as of 5/11/2020 $ 3,722,348

Capital Projects Bond Balance Summary

$ 3,722,348

2016/2017 Capital Projects - Project Balance Due $ (222,854) $ 3,499,494 Remaining balance due on uncompleted 2016/2017 projects

2018 Capital Projects -Project Balance Due $ - $ 3,499,494 Remaining balance due on uncompleted 2018 projects

2019 Capital Projects - Project Balance Due $ (352,950) $ 3,146,544 Remaining balance due on uncompleted 2019 projects

2020 Capital Projects - Project Balance Due $ (1,258,434) $ 1,888,110 Remaining balance due on uncompleted 2020 projects

Proposed 2021 Capital Projects $ (550,000) $ 1,338,110

Balance of available 194 Bond Fund $ 1,338,110

Page 1 of 5 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 10 of 55 Proposed 2021 - 2023 Capital Projects to be funded by 194 Bond Fund Project Estimated Funding Project No. Description Comments Code Cost Code Manager

1 100.87 Penn Place Window Flashing $100,000 194 This project involves the re-flashing of all leaking windows at the Penn Place Building. O'Neill

2 700.73 County Highway Lighting LED Upgrade $100,000 194 The project is the rehabilitation and upgrade to LED of the County Highway Lighting System on the Cross Valley Expressway. McIntoch

3 100.88 LCCF Elevators Modernization $350,000 194 This Project consists of the modernization of the motor system and controls for two elevators in the Main Prison of the LCCF.

Total Estimated Cost: $550,000

Page 2 of 5 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 11 of 55 Budgeted Adopted Approved No Project # Status Project Description Actual Cost Funds Used Balance Due Funds Comments for Year Budget Available

1 100.18 2017 In Progress Wilkes Barre / Wyoming Airport 10,000 Gallon Jet A AST Fuel Tank & AVGas $100,000 $100,000 $0 $100,000 $0 Project is being funded by a State BOA Grant. Funds to used for match. 2 100.55 2017 Complete Broad Street Business Exchange Roof Replacement $375,000 $303,660 $303,660 $0 $71,340 3 100.58 2017 Complete Sprinkler Head Replacement at DRO $35,000 $30,000 $30,000 $0 $5,000 4 100.59 2017 Complete Demolition of the Veterans Affairs Garage $50,000 $50,000 $50,000 $0 $0 5 100.61 2017 Complete County Building Emergency Fund $60,000 $60,000 $60,000 $0 $0 6 500.03 2017 Complete Courthouse Interior Restoration, Phase I $800,000 $800,000 $800,000 $0 $0 7 700.14 2017 Complete Road Repair / Replacement Bundling Project $1,000,000 $1,000,000 $1,000,000 $0 $0 8 800.18 2017 Complete GIS Web Integration $46,000 $46,000 $36,798 $9,202 $0 Remaining funds to be used for annual maintenance. 9 800.19 2017 Complete Metropolitan Area Network Fiber Upgrade $140,000 $140,000 $140,000 $0 $0 10 800.20 2017 Complete Luzerne County Website Upgrade $150,000 $150,000 $121,347 $28,653 $0 11 800.21 2017 Complete 911 Tower Site Improvements, Phase I $850,000 $850,000 $850,000 $0 $0 12 1200.05 2017 On Hold Wilkes Barre / Wyoming Airport Terminal Masonry Restoration $50,000 $50,000 $0 $50,000 $0 The project is on hold pending the completion of the Airport Master Plan. 13 1600.13 2017 Complete Vehicle Fleet Upgrade $50,000 $50,000 $50,000 $0 $0 14 2300.04 2017 Complete Records Storage Facility (Shelving) $110,000 $110,000 $110,000 $0 $0 15 2400.09 2016 On Hold LCCF Add security to Lobby Area $75,000 $75,000 $40,000 $35,000 $0 LCCF to use in house staff to complete per design. Project is on hold.

2016-2017 Project Cost Total: $3,891,000 $3,814,660 $3,591,806 $222,854 $76,340

16 100.62 2018 Complete Tannery Street Pole Building $84,500 $84,500 $84,500 $0 $0 17 100.63 2018 Complete Voter Machine Building Improvements $250,000 $250,000 $250,000 $0 $0 18 100.64 2018 Complete Penn Place Building Roof Replacement $325,000 $321,601 $321,601 $0 $3,399 19 100.65 2018 Complete Courthouse Annex Improvements $50,000 $50,000 $50,000 $0 $0 20 100.66 2018 Complete Courthouse West Entrance Improvements $200,000 $200,000 $200,000 $0 $0 21 100.67 2018 Complete Countywide Elevator Modernization $125,000 $125,000 $125,000 $0 $0 22 500.04 2018 Complete Courthouse Interior Restoration Phase I - Priority 2 $1,284,350 $1,284,350 $1,284,350 $0 $0 23 2300.05 2018 Complete Public Access Area at Records Storage Building $500,000 $500,000 $500,000 $0 $0 24 2300.06 2018 Complete Records Storage Building Lighting and Floor Improvements $200,000 $200,000 $200,000 $0 $0 25 2400.10 2018 Complete LCCF Elevator No. 2 Repair $70,000 $63,875 $63,875 $0 $6,125 26 2400.11 2018 Complete LCCF Security Improvements $600,000 $600,000 $600,000 $0 $0 27 2400.12 2018 Complete LCCF Control Panel Replacement $100,000 $100,000 $100,000 $0 $0

2018 Project Cost Total: $3,788,850 $3,779,326 $3,779,326 $0 $9,524

Page 3 of 5 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 12 of 55 Budgeted Adopted Approved No Project # Status Project Description Actual Cost Funds Used Balance Due Funds Comments for Year Budget Available

28 500.05 2019 Complete Courthouse Interior Restoration Phase II $650,000 $650,000 $650,000 $0 $0 29 100.68 2019 In Progress Countywide Parking Lot Rehabilitation $200,000 $200,000 $0 $200,000 $0 Project is under contract and be completed in 2020. 30 100.69 2019 In Progress Human Services Parking Lot Restoration $150,000 $150,000 $0 $150,000 $0 Project is under contract and be completed in 2020. Funds were used for emergency repairs to County owned buildings such 31 100.70 2019 In Progress Countywide Emergency Building Fund $150,000 $150,000 $147,050 $2,950 $0 as the Parkade Tower Emergency Repairs, LCCF Sidewalks and Records Building Storm Drains.

2019 Project Cost Total: $1,150,000 $1,150,000 $797,050 $352,950 $0

32 100.71 2020 In Progress Countywide Emergency Building Fund $403,000 $403,000 $0 $403,000 $0 33 100.72 2020 In Progress Countywide Parking Lot Rehabilitation Phase II $200,000 $200,000 $0 $200,000 $0 Funds are being used to complete drainage improvements in 2020. 34 100.73 2020 Complete County Parkade Tower Rehabilitation $200,000 $197,283 $197,283 $2,717 35 100.74 2020 In Progress County Parkade Garage Rehabilitation $300,000 $300,000 $0 $300,000 Project is scheduled for bid in June 2020 with contraction this year. 36 100.75 2020 Complete DRO Building - Chiller Tower Replacement $50,000 $50,000 $50,000 $0 $0 37 800.22 2020 In Progress Storage Area Network (SAN) Capacity Upgrade $59,000 $59,000 $59,000 $0 $0 38 800.23 2020 In Progress Unified Computing System (UCS) Upgrade $154,000 $154,000 $99,664 $54,336 $0 39 800.24 2020 In Progress Workstation Upgrades $250,000 $250,000 $46,342 $203,658 $0 40 800.25 2020 On Hold Windows 10 Upgrade $40,000 $40,000 $0 $40,000 $0 Project started and is currently on hold due to coronavirus. 41 1900.05 2020 In Progress Security Camera Project $300,000 $300,000 $245,277 $54,723 $0

2020 Project Cost Total: $1,956,000 $1,953,283 $697,566 $1,258,434 $0

- Completed

- Pending/On Hold

- In Progress

Page 4 of 5 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 13 of 55 Non 194 Bond Capital Projects 2021 Project Estimated Funding Project No. Description Comments Code Cost Code Manager 1 700.74 CB26307 Hillside Road Bridge, Kingston Township $2,000,000 210 Bridge replacement project for a 63' span steel girder bridge over Toby's Creek. PennDOT matching funds to be used. Plesh

2 700.75 CB47407 Baer Road Bridge, Union Township $125,000 211 Bridge rehabilitation project for a 3' stone arch culvert over a banch of Shickshinny Creek. Plesh

3 700.76 CB47408 Baer Road Bridge, Union Township $200,000 211 Bridge replacement project for a 5' concrete slab bridge over a banch of Shickshinny Creek. Plesh

4 700.77 CB47410 Krushka Road Bridge, Union Township $125,000 211 Bridge rehabilitation project for a 8' stone arch culvert over a banch of Shickshinny Creek. Plesh

5 700.78 CB47411 Krushka Road Bridge, Union Township $125,000 211 Bridge rehabilitation project for a 5' stone arch culvert over a banch of Shickshinny Creek. Plesh

6 700.79 CB47413 Krushka Road Bridge, Union Township $125,000 211 Bridge rehabilitation project for a 7' stone arch culvert over a banch of Shickshinny Creek. Plesh

7 700.80 CB46603 West Cherry Road Bridge, Nescopeck Township $300,000 201 Bridge rehabilitation project for a 32' span dual stone arch culvert over Nescopeck Creek. Plesh

8 700.81 CB46601 Karchners Road Bridge, Nescopeck Township $100,000 207 Bridge rehabilitation project for a 26' concrete adjacent box beam bridge over Nescopeck Creek. Plesh

9 700.82 CB57309 East County Road Bridge, Sugarloaf Township $1,000,000 211 Bridge replacement project for a 57' concrete rigid frame bridge over Little Nescopeck Creek. Plesh

11 700.83 CB47108 Market Street Bridge, Salem Township $400,000 207 Bridge replacement project for a 25' concrete slab bridge over Beach Haven Creek. Plesh

12 700.84 CB47414 Mountain Road Bridge, Union Township $400,000 211 Bridge superstructure replacement project for a 14' concrete adjacent box beam bridge over a banch of Shickshinny Creek. Plesh

13 700.85 CB54710 Middle Road Bridge, ButlerTownship $60,000 211 Bridge rehabilitation project for a 8' concrete box culvert over Little Nescopeck Creek. Plesh

14 700.86 CB54711 Middle Road Bridge, ButlerTownship $60,000 211 Bridge rehabilitation project for a 4' concrete slab bridge over a banch of Little Nescopeck Creek. Plesh

15 700.87 CB54712 Middle Road Bridge, ButlerTownship $250,000 211 Bridge replacement project for a 6' concrete slab bridge over Little Nescopeck Creek. Plesh

16 700.88 CB54714 Saams Road Bridge, ButlerTownship $250,000 211 Bridge replacement project for a 11' concrete slab bridge over a banch of Little Nescopeck Creek. Plesh

17 700.89 CR1 Main Road, Hunlock/Ross Townships $2,700,000 200 This is a Full Depth Reclamation project. Plesh

18 700.90 CR30 Hobbie Road, Dorrance/Hollenback Townships $2,300,000 200 This is a Full Depth Reclamation project. Plesh

19 700.91 CR63 Sweet Valley Road, Ross Township $1,250,000 200 This is a Full Depth Reclamation project. Plesh

20 700.92 CR12 Lower Demunds Road, Dallas Township $1,600,000 200 This is a Full Depth Reclamation project. Plesh

21 700.93 CR64 Bloomingdale Road, Ross Township $1,300,000 200 This is a Full Depth Reclamation project. Plesh

22 700.94 CR31 St John's Road, Dorrance/Hollenback Townships $2,000,000 200 This is a Full Depth Reclamation project. Plesh

Column Totals $16,670,000

200 Fund - Liquid Fuels

201 Fund - Act 44

207 Fund - Act 89

210 Fund - $5 Regestration Fee

211 Fund - CDBG Grant

Page 5 of 5 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 14 of 55

AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA DATE NUMBER A Resolution Approving a Settlement in the matter of Martin v. County of Luzerne July 28, 2020 Dept: Luzerne County Office of Law

Contact: Romilda P. Crocamo, Esq.

Phone: 570-825-1598

SUMMARY:

The attorney for Plaintiff and Defendant, have engaged in settlement discussions in the above-captioned litigation. Plaintiff filed a Complaint against the Count of Luzerne in 2018.

The settlement offer of $ has been made and is subject to the terms of the Luzerne County Home Rule Charter. County Council has the power to accept or reject.

FINANCING:

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

DISCUSSION:

Plaintiff based the allegations in the Complaint on underground construction of storm drainage and piping system conducted by Luzerne County in 2001 on a parcel adjacent to the property owned by Plaintiff, which caused and continues to cause damage to his property.

Council may choose not to approve settlement. In the event settlement is not effectuated, litigation will continue for this matter.

OTHER AGENCY INVOLVEMENT:

None.

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 15 of 55 RESOLUTION R-2020- LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Approving the Settlement of Pending Litigation in the Matter of William J. Martin v. County of Luzerne

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, allegations contained within Plaintiff’s pleadings all stem from underground construction of storm drainage and piping system on a parcel adjacent to the property owned by Plaintiff; and

WHEREAS, Plaintiff alleges that the construction conducted by Luzerne County in 2001 caused property damage that continued unabated; and

WHEREAS, the parties desire to settle his 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 William Martin v. County of Luzerne in the amount of XXXXXX. This settlement is a full and complete settlement and release of any and all claims by the William Martin against the County of Luzerne.

This resolution shall become effective six days after adoption.

ADOPTED at a meeting of the Luzerne County Council held ______, 2020.

ROLL CALL VOTE: AYES- NAYS-

LUZERNE COUNTY COUNCIL

By:______Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council ______C. David Pedri, Esquire County Manager

{PH099269.1} Luzerne County Council Voting Session August 11, 2020 AGENDA Page 16 of 55 Resolution 2020-____ LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Requesting Community Development Block Grant – Disaster Recovery Funding from the Pennsylvania Department of Community & Economic Development

WHEREAS, the Luzerne County Flood Protection Authority contacted Luzerne County regarding a potential project, which is the design and construction of temporary flood barriers for five vehicle and pedestrian entrances at the County parkade and the Brominski Building, in the event of a flood; and

WHEREAS, the Luzerne County Flood Protection Authority will compile the application for the County’s submittal before August 12, 2020; and

WHEREAS, the Community Development Block Grant – Disaster Recovery application requires no matching funds; and

NOW THEREFORE, BE IT RESOLVED, the Luzerne County Council does approves the request of the application submission.

This Resolution shall become effective six days after adoption.

ADOPTED at a meeting of Luzerne County Council held on July 28, 2020.

ROLL CALL VOTE

LUZERNE COUNTY COUNCIL

By: ______Tim McGinley, Chair

Attest: ______Sharon Lawrence, Clerk of Council

LUZERNE COUNTY MANAGER

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

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 17 of 55

Applicant: Luzerne County Funding Opportunity: Community Development Block Grant-Disaster Recovery (CDBG-DR)- JUNE 2020 Required Match: 0

Temporary Flood Barriers for Parking Garage and Brominski Building Project Description In 2011, during Tropical Storm Lee, the County parking garage located on Water Street was inundated by flood waters. Sandbag closures at the vehicular and pedestrian entrances were erected but failed due to high water. Similarly, flood waters impacted the Brominski building. The mechanical equipment including the county back-up generator located in the basement of the parking garage was damaged during the flood. Additionally, damages were seen at the parking level entrance of the Brominski building. See attached photos of damages. The Authority is proposing that the County apply for a CDBG-DR grant for the design and construction of temporary flood barriers for the five (5) vehicle and pedestrian entrances at both the parking garage and Brominski building. There are several closure designs that will accommodate these openings and would be suitable for this project. See the below links for possible flood barrier to be considered for this project

https://www.floodproofing.com/custom-door-window-flood-barriers https://www.floodproofing.com/standard-perimeter-flood-barriers https://www.floodproofing.com/passive-flood-barriers

The Authority will work with Michele Sparich and Larry Plesh in writing and submitting the CDBG-DR grant by the deadline on August 12, 2020. If the project were funded, the County Engineer’s Department would administrate the project. An expected project cost is $350,000 and there is no match required for the project.

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 18 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 19 of 55 AGENDA Page 20 of 55Luzerne County Council Voting Session August 11, 2020 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 21 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 22 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 23 of 55 Luzerne County Council Voting Session AugustAGENDA 11, 2020 Page 24 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 25 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 26 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 27 of 55 Luzerne CountyAGENDA Council Page Voting 28 of 55 Session August 11, 2020 Lawrence, Sharon

Subject: FW: Dileo Re-Zoning Application Attachments: Agenda submittal - Wyoming rezoning.doc; Proposed Ordinance.docx

From: Weber, James Sent: Friday, July 10, 2020 8:45 AM Subject: Dileo Re‐Zoning Application

Sharon,

The Planning Commission held a public hearing yesterday, 7‐9‐2020, regarding this application and recommended approval. Attached are the agenda submittal and proposed ordinance for consideration by Council. Please let me know when the schedule is set for this item.

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

1 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 29 of 55 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA Ordinance to amend the zoning ordinance and DATE NUMBER map to rezone 0.13 acres in Wyoming Borough Dept: Planning Department Contact: John Petrini, Interim Executive Director Phone: 570-825-1560

SUMMARY:

Property owners, Joseph and Joanne Dileo, have filed a request to rezone one parcel of land totaling 0.13 acres of land located in the R-1, Single Family Residence District, zone to the B-3, Highway Business District, zone to extend the existing Highway Business (B-3) district to include this contiguous property at 15 9th Street in Wyoming Borough. If approved, the deteriorating structure on this parcel will be demolished and the cleared parcel used as part of their existing business on the adjacent parcel.

FINANCING:

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

DISCUSSION:

The property owners, Joseph and Joanne Dileo, seek to demolish the vacant and deteriorating residential structure and use the cleared parcel to provide additional parking for their existing service station business on the adjacent parcel of land.

This property is located at 15 9th Street in Wyoming Borough and is more specifically identified as follows:

Parcel Identification Number Location Owner’s Name 67-E10SE3-010-028-000 15 9th Street Joseph and Joanne Dileo

The Luzerne County Zoning Ordinance (“the Ordinance”) sets forth the procedure for a change to the Zoning designation of property and the Zoning Map. The request is to be considered by the Planning Commission of Luzerne County (“Commission”). If the Commission determines that the proposed change is consistent with the overall goals and intentions of the Ordinance, it may recommend approval of the request. The Commissions’ decision, whether in favor of or against the proposal, is communicated to the County Council as a recommendation. County Council may choose to amend the Luzerne County Zoning Ordinance by Ordinance after a duly advertised public meeting is held.

The Planning Commission met to consider the requested change at a duly advertised public meeting held on July 9, 2020, and recommended approval. Council is now to consider the recommendation of the Commission after a public hearing. If a majority of council members

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 30 of 55 Luzerne County Council Agenda Submittal BRIEF SUMMARY OF ITEM TITLE Date: COUNCIL MEETING DATE REQUESTED - Page 2

present votes for the change, the Ordinance and Zoning Map will be amended to reflect the reclassification of the aforementioned parcel to B-3.

ALTERNATIVES:

The County Council may choose to deny the request to rezone. The lot would continue to be subject to the Ordinance requirements as is and the applicant will be limited to the permitted uses within the R-1 district.

OTHER AGENCY INVOLVEMENT:

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

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 31 of 55 No. 2020- ______

ORDINANCE An Ordinance of Luzerne County Council Amending the Luzerne County Zoning Map to Re-Zone One Parcel of Property totaling 0.13 acres in Wyoming Borough from R-1, Single Family Residence Zone to Highway Business District (B-3) Zone

WHEREAS, on April 20, 2020, Joseph and Joanne Dileo applied for re-zoning one parcel of land totaling 0.13 acres located at 15 9th Street in Wyoming Borough from the Single Family Residence District (R-1) to the Highway Business District (B-3); and WHEREAS, at a public meeting held on July 9, 2020, the Luzerne County Planning Commission reviewed the application for re-zoning and recommended approval of the re-zoning amendment to the Luzerne County Zoning Map; and

WHEREAS, having been duly advertised in accordance with all requirements of the Luzerne County Zoning Ordinance, the Luzerne County Council held a Public Hearing on the aforesaid re-zoning application and amendment to the Luzerne County Zoning Map on ______, 2020; and WHEREAS, Luzerne County Council believes it is in the best interest to approve the re-zoning application of Joseph and Joanne Dileo; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE LUZERNE COUNTY COUNCIL: The property in Wyoming Borough, as more fully identified below, shall be re-zoned to a Highway Business District (B-3) Zone and the Luzerne County Zoning Map shall be amended to reflect the re-zoning: Parcel Identification Number Location Owner’s Name 67-E10SE3-010-028-000 15 9th Street Joseph and Joanne Dileo

This Ordinance shall become effective fifteen (15) days after adoption. ADOPTED at a meeting of the Luzerne County council held on ______, 2020.

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

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 32 of 55 RESOLUTION R-2020-_____ LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Appointing A County Council Member to the Blighted Property Review Committee

WHEREAS, Section 2.04.A. of the Luzerne County Home Rule Charter provides that County Council members may only serve on a Luzerne County authority, board or commission as authorized by the Charter or applicable law; and

WHEREAS, Luzerne County Council, through a majority of its members, voted on June 28, 2016 to establish a Blighted Property Review Committee as permitted under the Pennsylvania Urban Redevelopment Law; and

WHEREAS, the Pennsylvania Urban Redevelopment Law requires that one of the members of the Blighted Property Review Committee be a member of County Council; and

WHEREAS, the Ordinance adopted states that members shall serve for a term of four years; and

WHEREAS, the County Council wishes to appoint a member of County Council, selected by resolution adopted by an affirmative vote of at least a majority of its current members.

NOW, THEREFORE, BE IT RESOLVED, that the County Council wishes to appoint ______, a member of County Council, to the Blighted Property Review Committee, such appointment to remain effective for a term of four years, or until the appointment is declared vacant by County Council pursuant to Section 11.06 of the Charter.

This Resolution shall become effective six days from its adoption.

ADOPTED at a meeting of the Luzerne County Council held on August 11, 2020..

ROLL CALL VOTE ( ) YES: NO:

LUZERNE COUNTY COUNCIL

By: Tim McGinley, Chair Attest: Sharon Lawrence, By:______Clerk of Council C. David Pedri, Esq. County Manager

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 33 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 34 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 35 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 36 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 37 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 38 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 39 of 55 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 40 of 55 From: Patti Lenahan To: "George F. Halcovage Jr. - Schuylkill Commissioner, Chair"; [email protected]; "Gary J. Hess - Schuylkill Commissioner ([email protected])"; McGinley, Tim Cc: Nancy Kelly; "Linda A. Deatrich ([email protected])"; Lawrence, Sharon; Steve Tredinnick Subject: [EXTERNAL]: L/S WDB Budget for Program Year (PY) 2020 - Request your approval in accordance with WIOA (Act) Date: Tuesday, June 30, 2020 3:55:14 PM Attachments: image006.png image007.png WIB Budget - (PY - 20) Exhibit B.pdf Schedule of Funding Projections (PY - 20) Luz.Sch. Workforce Area Exhibit A.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.

Request on behalf of the Luzerne/Schuylkill Workforce Development Board, Inc.(WDB) :

Dear Schuylkill County Commissioner’s Halcovage, Hetherington and Hess; Luzerne County Council Chair McGinley,

Attached please find the projected budget for the Luzerne/Schuylkill Workforce Board (Exhibit B) and WDB budget Luzerne/Schuylkill Workforce Development Area (Exhibit A) for Program Year (PY) 2020-2021 for period July 1, 2020 – June 30, 2021. Exhibit A is the formula workforce funding dedicated to the public workforce system services conducted at the three comprehensive one stop offices know as PA CareerLink ®

PY 20 WDB budget Exhibit B was vetted and approved at the Finance Committee meeting held on May 26, 2020 and subsequently reviewed and approved by the Executive Committee at their meeting held on June 3, 2020.

The Full Board convened on June 17, 2020 and accepted the recommendation from the Committees.

The L/S Workforce Board annual budget per Exhibit B review/approval is a requirement under the Workforce Innovation and Opportunity Act - Section 107.

The L/S WIB budget as displayed in Exhibit B is projecting a 3 % increase from PY 19 budget, a real variance of an additional $28,671 for a total of $886,330 for PY 20 - effective July 1, 2020 through June 30, 2021.

The Board is requesting your approval of the WDB budget as per regulations defined in the Workforce Innovation and Opportunity Act (WIOA).

In the event you wish to discuss or have any questions, I am always available, as is, Steve Tredinnick, Director of Accounting Services.

Sincerely,

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 41 of 55

Patti Lenahan

Patti Lenahan, CWDP:MS Executive Director Luzerne/Schuylkill Workforce Investment Board, Inc. 32 E. Union St., 2nd Fl. Wilkes-Barre, PA 18701 570-822-1101, ext. 299 Email address: [email protected]

Funding through the Workforce Innovation and Opportunity Act for PA CareerLink ® One Stop Centers

Confidentiality Notice | Please be aware that e-mail communication can be intercepted in transmission or misdirected. Please do not send any protected Personally Identifiable Information (PII) by telephone, fax, or mail. This email is confidential, intended only for the named recipient(s), and may contain information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that dissemination, distribution, or copying of this message is prohibited. If you received this message in error, or are not the named recipient, please notify the sender at the email address above and delete this email from your computer. Thank you

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 August 11, 2020 AGENDA Page 42 of 55 Exhibit A

Luzerne/Schuylkill Workforce Investment Board Schedule of projected PY 2020 funds for the period of July 1, 2020 through June 30, 2021 PROJECTED PY - 20

State/Local Business Apprenticeship Teacher in the Adult Youth Dislocated Worker TANF Youth EARN Rapid Response Internship Education Expansion Reentry Total Funds Workplace Perogram SLIP Partnership Grant

PY 16 Funds - carryover $ 62,495.00 $ - $ 62,495.00 PY 18 Funds - carryover $ 219,959.16 $ 49,082.46 $ 26,679.00 $ 237,500.00 $ 533,220.62 PY 19 Funds $ 247,892.64 $ 159,883.58 $ 599,409.30 $ - $ - $ 384,000.00 $ 100,000.00 $ 1,491,185.52 PY 20 Funds $ 1,642,985.18 $ 1,702,062.53 $ 2,575,846.12 $ 493,020.00 $ 818,855.00 $ 7,232,768.83 Total Available Funds: $ 1,890,877.82 $ 1,861,946.11 $ 3,175,255.42 $ 493,020.00 $ 818,855.00 $ 219,959.16 $ 384,000.00 $ 49,082.46 $ 126,679.00 $ 62,495.00 $ 237,500.00 $ 9,319,669.97

WIB - Admin. Funds $ 186,787.14 $ 29,901.80 $ 221,383.93 $ 49,302.00 $ 81,885.50 $ - $ 38,400.00 $ 4,893.75 $ 2,700.00 $ 6,291.88 $ 23,750.00 $ 645,296.00 WIB - Program Funds $ 102,220.61 $ 74,300.00 $ 45,000.00 $ 6,993.39 $ 10,000.00 $ 2,520.00 $ 241,034.00

Balance $ 1,601,870.07 $ 1,757,744.31 $ 2,908,871.49 $ 443,718.00 $ 736,969.50 $ 219,959.16 $ 338,606.61 $ 44,188.71 $ 113,979.00 $ 53,683.12 $ 213,750.00 $ 8,433,339.97

TOTAL: $ 1,890,877.82 $ 1,861,946.11 $ 3,175,255.42 $ 493,020.00 $ 818,855.00 $ 219,959.16 $ 384,000.00 $ 49,082.46 $ 126,679.00 $ 62,495.00 $ 237,500.00 $ 9,319,669.97

Page 1 of 1 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 43 of 55 Exhibit B

Luzerne/Schuylkill Workforce Investment Board, Inc. July 1, 2020 - June 30, 2021 Budget Summary of Budget Talking Points

Salaries: The budget includes current positions and a performance pool for merit raises.

Employee Benefits: The budget reflects the current staff complement.

Travel/Conferences: The budget forecasts current travel & conference

Communications: The budget forecasts current communication expenses.

Materials & Supplies: The budget forecasts current copier and equipment

Contract Services: The budget reflects current trends in costs.

Luzerne/Schuylkill Workforce Investment Board, Inc. Comparative Budgets July 1, 2019 - June 30, 2020 Budget compared to July 1, 2020 - June 30, 2021 Budget

Luzerne County Council Voting Session August 11, 2020 AGENDA Page Page44 of 1 of55 1 Lawrence, Sharon

From: Griffith Jr., Walter Sent: Wednesday, August 5, 2020 9:11 PM To: Luzerne County Council Members Cc: Lawrence, Sharon Subject: Ordinances and Resolutions for August 11 Council Meeting Attachments: Salary CHange for Budget and Finance 8-11-20.pdf; Salary Change for Public Defender Caseworker position 8-11-20.pdf; Salary CHange for Public Defender PT Public Defender 8-11-20.pdf; Debt Service Transfer of Funds.pdf

Dear Chairman McGinley Enclosed please find my Ordinances that I would like to have placed on the Voting Agenda for the August 11 2020. There are three (3) Ordinances I wish to have County Council consider for introduction. The Ordinances are in reference to the Position Budget changes that were submitted in Mr Parsnik's email dated July 31 2020 that changes the 2020 LEGISLATIVELY AUTHORIZED Positions by County Council. The County Council voted to amend the Administrative Code to allow the provision for County Council to authorize any changes to the Position Budget after the Position Budget has been adopted, and the Administrative Code is the law of Luzerne County, just like the County Home Rule Charter and when this Ordinance was adopted there was no Reconsideration request by the County Manager, so the Ordinance became LAW that the County Manager is required to administer. The County Manager must follow the Administrative Code as outlined in our Charter. There are no provisions in our County Home Rule Charter to allow for the Office of Law to direct the County Manager, that he is not required to follow the Administrative Code, because he disagrees with its provisions. Section 4.01—County Manager. There shall be a County Manager who shall serve as the head of the Executive Branch of government and be responsible for the administration of all County operations placed in his/her charge by this Charter, the Administrative Code, or other County ordinances or resolutions. The County Manager shall devote full‐time to his/her office. Section 4.07—Powers and Duties. A. The County Manager shall have and may exercise such executive and administrative powers and duties as are conferred or imposed upon him/her by this Charter, the Administrative Code, other County ordinances or resolutions, and those generally conferred upon County government in the Commonwealth of Pennsylvania by applicable law to the extent they are not inconsistent with the provisions, spirit, and purpose of this Charter Section 6.03—Scope of Administrative Code. Except as may otherwise be provided for in this Charter or applicable law, the Administrative Code shall apply to every County division, department, bureau, office, agency, board, commission, and other administrative unit as well as the offices of all elective County officials, the Judiciary, and Office of Court Administration and shall cover all employees of the County, all members and employees of all County boards and commissions, all elective county officials and all employees of their offices, and all employees of the Judiciary and Office of Court Administration. The Administrative Code shall include, among other provisions, an enumeration of the divisions, departments, bureaus, offices, agencies, boards, commissions, and other administrative units of the County government, their scope of responsibility, and the internal procedures for their operations. In addition, the Administrative Code shall make adequate and specific provisions for, but shall not be limited to: budgeting and other financial procedures; purchasing and acquisition procedures; procedures for the disposition of County property; and any other rules, regulations, and procedures desirable for the efficient and effective administration of County government.

1 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 45 of 55 There is also a Resolution for a Budget Transfer of the $343,741.01 from the 2018 Federal HAVA Grant Fund that was designated for the purchase of election machines, that we as a County Council, should transfer to pay down the 2019 Bond Principle as was outlined at the time of the borrowing of the $ 34,705,000.00 Bond in the 2019‐10 Ordinance for the purchase of Voting Machines as required by the PA State Legislature. Please place this Resolution on the Work Session Agenda for discussion by County Council.

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

2 Luzerne County Council Voting Session August 11, 2020 AGENDA Page 46 of 55 COUNTY COUNCIL OF LUZERNE COUNTY, PENNSYLVANIA ORDINANCE O-2020- ____ An Ordinance of the Luzerne County Council to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 20, Department 4114 Budget and Finance Administration

WHEREAS, on June 12, 2012 the Luzerne County Council adopted an Administrative Code per Section 6:02 of the Luzerne County Home Rule Charter; and WHEREAS, Section 6:03 of the Charter states; “the Administrative Code shall apply to every County division, department, bureau, office, agency, board, commission, and other administrative unit as well as the offices of all elective County officials, the Judiciary, and Office of Court Administration and shall cover all employees of the County, all members and employees of all County boards and commissions, all elective county officials and all employees of their offices, and all employees of the Judiciary and Office of Court Administration. The Administrative Code shall include, among other provisions, an enumeration of the divisions, departments, bureaus, offices, agencies, boards, commissions, and other administrative units of the County government, their scope of responsibility, and the internal procedures for their operations. In addition, the Administrative Code shall make adequate and specific provisions for, but shall not be limited to: budgeting and other financial procedures; purchasing and acquisition procedures; procedures for the disposition of County property; and any other rules, regulations, and procedures desirable for the efficient and effective administration of County government.”; and

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 47 of 55

WHEREAS, The Administrative Code, Section 8:02 -B was amended on January 14, 2014 by Ordinance 2014-1 of County Council, which states: “The Budgets for each year shall be adopted by County Council as set forth in the County Charter and shall include a Position Budget that lists positions defined by the Manager as necessary to County operations along with the defined compensation for each position. The positions so defined shall be the legislatively authorized positions for the fiscal year covered by the adopted Budgets, and all required funds for these positions shall be allocated in the adopted Budgets” and WHEREAS, Luzerne County Council adopted the 2020 Fiscal Year Position Budget by Ordinance 2019-11 on December 10, 2019 which ”legislatively authorizes positions” for Division 20 Budget and Finance, Department 4114 Budget and Finance Administration designating one (1) Budget and Finance Analyst, at a salary designation of $40,238.00 and WHEREAS, Luzerne County Manager hereby desires to create one (1) Senior Budget Analyst position at a salary range of $ 45,000.00 to $50,000.00 which was not requested in the Position Budget adopted on December 10, 2019 and WHEREAS, Section 5:10- F of the Luzerne County Home Rule Charter states: “At any time during the fiscal year, County Council may amend any of the budgets by ordinance adopted by an affirmative vote of at least a majority plus one of its current members. County Council shall hold at least one public hearing on the proposed amendment(s), commencing not sooner than seven days following introduction of the proposed amendment(s)”

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 48 of 55

NOW THEREFORE, BE IT ORDAINED, the Luzerne County Council does hereby agree to amend the adopted 2020 Position Budget to eliminate the aforementioned Legislatively Authorized Positions in Division 20 and Department 4114 Budget and Finance Administration, and create one (1) Senior Budget and Finance Analyst position at a salary not to exceed $50,000.00, IN WITNESS WHEREOF, the present Ordinance has been duly adopted this ____day of August 2020, in duly advertised and convened public session This Ordinance will become effective 15 days after enactment Enacted by Luzerne County Council on August ____, 2020.

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

YEAS NYES

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 49 of 55 COUNTY COUNCIL OF LUZERNE COUNTY, PENNSYLVANIA ORDINANCE O-2020- ____ An Ordinance of the Luzerne County Council to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 80, Public Defender, Department 4152 Public Defender

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 50 of 55

WHEREAS, The Administrative Code, Section 8:02 -B was amended on January 14, 2014 by Ordinance 2014-1 of County Council, which states: “The Budgets for each year shall be adopted by County Council as set forth in the County Charter and shall include a Position Budget that lists positions defined by the Manager as necessary to County operations along with the defined compensation for each position. The positions so defined shall be the legislatively authorized positions for the fiscal year covered by the adopted Budgets, and all required funds for these positions shall be allocated in the adopted Budgets” and WHEREAS, Luzerne County Council adopted the 2020 Fiscal Year Position Budget by Ordinance 2019-11 on December 10, 2019 which ”legislatively authorizes positions” for Division 80, Department 4152 Public Defender designating two (2) Part Time Public Defender positions in Teamsters Local 401, ADA-APD Union, at a salary designation of $30,000.00 each, and WHEREAS, Section 5:10- F of the Luzerne County Home Rule Charter states: “At any time during the fiscal year, County Council may amend any of the budgets by ordinance adopted by an affirmative vote of at least a majority plus one of its current members. County Council shall hold at least one public hearing on the proposed amendment(s), commencing not sooner than seven days following introduction of the proposed amendment(s)” and WHEREAS, the County Manager wishes to eliminate two (2) Part Time Public Defender positions, and create one (1) Full Time Public Defender position with a salary of $43,000 which was not a “Legislatively Authorized Positions” in the 2020 Fiscal Year Budget;

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 51 of 55

NOW THEREFORE, BE IT ORDAINED, the Luzerne County Council does hereby agree to amend the adopted 2020 Position Budget to eliminate the aforementioned Legislatively Authorized Positions in Division 80 and Department 4152 Public Defender, and create one (1) Full Time Public Defender position with a salary of $43,000 IN WITNESS WHEREOF, the present Ordinance has been duly adopted this ____day of August 2020, in duly advertised and convened public session This Ordinance will become effective 15 days after enactment Enacted by Luzerne County Council on August ____, 2020.

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

YEAS NYES

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 52 of 55 COUNTY COUNCIL OF LUZERNE COUNTY, PENNSYLVANIA ORDINANCE O-2020- ____ An Ordinance of the Luzerne County Council to amend the 2020 Position Budget legislatively authorizing the elimination and creation of positions in Division 80, Public Defender, Department 4152 Public Defender

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 53 of 55

WHEREAS, The Administrative Code, Section 8:02 -B was amended on January 14, 2014 by Ordinance 2014-1 of County Council, which states: “The Budgets for each year shall be adopted by County Council as set forth in the County Charter and shall include a Position Budget that lists positions defined by the Manager as necessary to County operations along with the defined compensation for each position. The positions so defined shall be the legislatively authorized positions for the fiscal year covered by the adopted Budgets, and all required funds for these positions shall be allocated in the adopted Budgets” and WHEREAS, Luzerne County Council adopted the 2020 Fiscal Year Position Budget by Ordinance 2019-11 on December 10, 2019 which ”legislatively authorizes positions” for Division 80, Department 4152 Public Defender designating one (1) Caseworker 1 position in Teamsters Local 401, ADA-APD Union, at a salary designation of $33,500.00 each, and WHEREAS, Section 5:10- F of the Luzerne County Home Rule Charter states: “At any time during the fiscal year, County Council may amend any of the budgets by ordinance adopted by an affirmative vote of at least a majority plus one of its current members. County Council shall hold at least one public hearing on the proposed amendment(s), commencing not sooner than seven days following introduction of the proposed amendment(s)” and WHEREAS, the County Manager wishes to eliminate one (1) Caseworker 1 position in Teamsters Local 401, ADA-APD Union, at a salary designation of $33,500.00 , and create one (1) Lead Caseworker position with a salary of $46,000 which was not a “Legislatively Authorized Positions” in the 2020 Fiscal Year Budget;

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 54 of 55

IN WITNESS WHEREOF, the present Ordinance has been duly adopted this ____day of August 2020, in duly advertised and convened public session This Ordinance will become effective 15 days after enactment Enacted by Luzerne County Council on August ____, 2020.

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

YEAS NYES

Luzerne County Council Voting Session August 11, 2020 AGENDA Page 55 of 55