LUZERNE COUNTY COUNCIL VOTING SESSION February 27, 2018 Council Meeting Room Luzerne County Courthouse 200 N. River Street Wilkes-Barre, PA 18701 6:01PM

5:30PM STATE OF THE COUNTY REPORT (COUNTY MANAGER C. DAVID PEDRI, ESQ.)

6:01PM 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

PUBLIC COMMENT ON VOTING SESSION AGENDA ITEMS Each speaker shall have three (3) minutes to address any or all items on the Agenda. Each speaker is asked to submit a Speaker Card before the first speaker is called and to limit individual comments to three (3) minutes. Speakers may not yield or transfer their time to another speaker.

OLD BUSINESS a. Update on New World Contract b. Payroll RFP Vendor List

NEW BUSINESS

AGENDA ITEMS – CLERK OF COUNCIL 1. Motion to approve minutes of February 13, 2018 meeting ...... pages 1-6

AGENDA ITEMS – COUNTY MANAGER 2. Motion to adopt resolution approving the settlement of pending litigation in the matter of Moser (Simon) v. Luzerne County ...... pages 7-9 3. Motion to adopt resolution approving the settlement of pending litigation in the matter of Lacey v. Chacke v. Area Agency on Aging ...... pages 10-12 4. Motion to adopt resolution designating the County Manager, Director of Operations and/or the County Engineer as Authorized Signatory for Execution of Documents, Notices, Required Exhibits and Management of Projects through the Pennsylvania Department of Transportation’s Reimbursement Agreement System (RAS)………………………pages 11-17 5. Motion to adopt resolution authorizing the County Manager to Execute a Lease Agreement between Luzerne County Department of Human Services and McCarthy Realty for Children and Youth and the Area Agency on Aging ...... pages 18-22 6. Motion to adopt resolution authorizing Farmland Preservation Board to execute the Agreement for the Sale and Purchase of an Agricultural Conservation Easement ...... pages 23-36

AGENDA ITEMS – COUNTY COUNCIL 7. Motion to adopt resolution urging the passage of Reclaim (Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2017) ACT – H.R. 1731………………………………………………..pages 37-74 8. Actions regarding resolution authorizing the County Manager to execute a Lease Agreement between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Center Services, Inc. for the Hazleton Active Adult Center ...... pages 75-90 a. Motion to remove from table for consideration b. Motion to adopt resolution 9. Council Member nominations and appointments to: a. Work Group related to the proposed Plains Twp. TIF ...... pages 91-94 10. Authorities nominations and appointments to: a. Housing Authority i. Motion to remove from table ii. (1 Resident) term 1/1/18 to 12/31/2022 ...... pages 95-100

PUBLIC COMMENT 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. Speakers are requested to submit a Speaker Card before the first speaker is called and to limit individual comments to three (3) minutes. Speakers may not yield or transfer their time to another speaker.

ADJOURNMENT

LUZERNE COUNTY COUNTY MANAGER C. DAVID PEDRI, ESQUIRE

OUNTY UZERNE C of L P E N N S Y L V A N I A E S T A B L I S H ED

Proposals for Payroll Services RFP Received September 7, 2017

1. Prime Pay

2. Jet Pay

3. Prime Point, LLC

4. ADP

5. USA Payroll

______Luzerne County Courthouse • 200 N. River Street • Wilkes-Barre, PA, 18711 Phone: (570)825-1635 Fax: (570)820-6362 Email: [email protected]

Luzerne County Council February 13, 2018 Luzerne County Court House Council Meeting Room 200 N. River Street Wilkes-Barre, Pa. 18711

Minutes Voting Session

Call to Order The Luzerne County Council convened for a Voting Session in the Council Meeting Room of the Luzerne County Courthouse on Tuesday, February 13, 2018 at 6:01 PM. The meeting was called to order by Chair Tim McGinley.

Pledge of Allegiance and Moment of Silence

Roll Call Present Edward A. Brominski Harry Haas Linda McClosky Houck Eugene Kelleher Tim McGinley Chris Perry Sheila Saidman, Esq. Robert Schnee Stephen A. Urban Matthew Vough (via phone) Jane Walsh Waitkus

Also Present C. David Pedri, Esq., County Manager Shannon Crake Lapsansky, Esq., Assistant County Solicitor Sharon Lawrence, Clerk of Council

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Recognitions/Ceremonial Proclamations Mr. McGinley presented a proclamation to the Luzerne County EMA in recognition of their service during a recent river ice event. Lucy Morgan and her team were present to accept the proclamation. Ms. Morgan introduced her staff, spoke about the event and thanked Council. Count Manager David Pedri also commended Lucy and her team.

Mr. Kelleher spoke about a proclamation he presented on behalf of Council to Margaret Roberts Nesbitt in honor of her 100th birthday.

Mr. McGinley announced Kevin Gallagher, Captain; Bruce Lykon, Correctional Officer; James Edwards, Corporal; and Betty Quinn, Correctional Officer, retired from the Luzerne County Correctional Facility. Letters of thanks and congratulations will be sent out to each of them from Council.

Mr. Crake announced there was an Executive Session prior to the Meeting regarding litigation matters, specifically Lacey v. Chacke v. Area Agency on Aging and Cody v. Luzerne County. Chief Solicitor Crocamo gave a status update of all pending litigation.

Additions to/Deletions from Voting Session Agenda None

Adoption of Voting Session Agenda Motion to Adopt: Mr. Kelleher Second: Ms. Waitkus Vote: Eleven (11) Ayes – Unanimous The Voting Session Agenda is adopted (11-0)

Public Comment on Voting Session Agenda Items Brian Shiner (Kingston) commented on the Lease Agreement between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Center Services, Inc. for the Hazleton Active Adult Center. He stated it was signed by Dominic Yannuzzi who also serves on the Flood Protection Authority. Mr. Shiner stated that Council needs to look at the Charter and the Ethics Code regarding this before taking action on the Lease Agreement.

Charles Olah (Kingston) Mr. Olah noted the New World contract expired at the end of 2017 and questioned if there was a renewal? He also wanted to see a list of bidders for the payroll RFP.

Ed Chesnovitch (Jackson Township) commented on Old Business. Mr. Chesnovitch stated he asked how many have taken the Oath. Mr. McGinley provided information to him regarding the Oaths and pointed out that a procedure for taking the Oath is on the County Website.

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Old Business None

New Business

1. Motion to approve minutes of January 23, 2018 meeting Motion by: Ms. Waitkus Second: Mr. Schnee Vote: Nine (9) Ayes by Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. McGinley, Mr. Perry, Ms. Saidman, Mr. Schnee, Mr. Vough and Ms. Waitkus Two (2) Nays by Mr. Brominski and Mr. Stephen A. Urban Motion Passed (9-2) The January 23, 2018 Voting Meeting Minutes are Adopted

2. Motion to adopt resolution authorizing the County Manager to execute a Lease Agreement between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Center Services, Inc. for the Hazleton Active Adult Center Motion by: Mr. Kelleher Second: Ms. Saidman Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

3. Motion to adopt resolution approving the settlement of pending litigation in the matter of Tyler Price v. County of Luzerne, et al. Inc. Motion by: Mr. Schnee Second: Mr. Perry Roll Call Vote: Nine (9) Yes by Mr. Haas, Ms. Houck, Mr. Kelleher, Mr. McGinley, Mr. Perry, Ms. Saidman, Mr. Schnee, Mr. Vough and Ms. Waitkus Two (2) No by Mr. Brominski and Mr. Stephen A. Urban Resolution is Adopted (9-2)

4. Motion to adopt resolution authorizing the County Manager to execute an Emergency Communication Tower License Agreement with the Hazleton City Authority regarding a tower location located off of Arthur Gardner Hwy, Hazleton City Motion by: Ms. Waitkus Second: Mr. Stephen A. Urban Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

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5. Council Member Nominations and Appointments: 5a. Motion to adopt resolution appointing a County Council Member to the Greater Hazleton CAN DO Board of Directors Motion to Open Nominations by: Mr. Haas Second: Mr. Kelleher Vote: Eleven (11) Ayes - Unanimous Nominations Open Mr. Schnee nominated: Chris Perry Second: Mr. Kelleher Motion to Close Nominations by: Mr. Brominski Second: Mr. Schnee Vote: Eleven (11) Ayes - Unanimous Nominations Closed Roll Call Vote to adopt a resolution appointing Chris Perry to the Greater Hazleton CAN DO Board of Directors: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

6. Boards & Commissions Nominations and Appointments: 6a. Luzerne County Board of Elections and Registration; 6a-1. (Democrat) term 1/1/18 to 12/31/2021) Motion to Open Nominations by: Mr. Kelleher Second: Mr. Schnee Vote: Eleven (11) Ayes - Unanimous Nominations Open Mr. Schnee nominated: Peter Ouellette Second: Mr. Brominski Motion to Close Nominations by: Mr. Haas Second: Mr. Kelleher Vote: Eleven (11) Ayes - Unanimous Nominations Closed Motion to adopt resolution appointing Peter Ouellette (Democrat) to the Luzerne County Board of Elections and Registration for a term 1/1/18 to 12/31/2021 by: Ms. Saidman Second: Mr. Brominski Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

6b. Luzerne/Wyoming Counties Area Agency on Aging Advisory Board; 6b-1. term 1/1/18 to 12/31/2020) Mr. Schnee nominated: Charlotte Kitler Second: Mr. Perry Motion to adopt resolution appointing Charlotte Kitler to the Luzerne/Wyoming Counties Area Agency on Aging Advisory Board for a term 1/1/18 to 12/31/2020 by: Mr. Kelleher Second: Ms. Saidman Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

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6b-2. term 1/1/18 to 12/31/2018) Mr. Schnee nominated: Dominick Trombetta Second: Ms. Waitkus Motion to adopt resolution appointing Dominick Trombetta to the Luzerne/Wyoming Counties Area Agency on Aging Advisory Board for a term 1/1/18 to 12/31/2018 by: Ms. Saidman Second: Ms. Waitkus Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

6b-3. term 1/1/18 to 12/31/2018) Mr. Schnee nominated: Patrice Shutt Second: Mr. Kelleher Motion to adopt resolution appointing Patrice Shutt to the Luzerne/Wyoming Counties Area Agency on Aging Advisory Board for a term 1/1/18 to 12/31/2018 by: Mr. Kelleher Second: Ms. Waitkus Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

6b-4. term 1/1/18 to 12/31/2018) Mr. Schnee nominated: Patricia Besermin Second: Mr. Perry Motion to adopt resolution appointing Patricia Besermin to the Luzerne/Wyoming Counties Area Agency on Aging Advisory Board for a term 1/1/18 to 12/31/2018 by: Mr. Kelleher Second: Mr. Schnee Roll Call Vote: Eleven (11) Yes – Unanimous Resolution is Adopted (11-0)

7. Authorities Nominations and Appointments: 7a. Luzerne County Housing Authority 7a-1. (Resident) term 1/1/18 to 12/31/2022) Motion to Table by: Ms. Houck Second: Mr. Brominski Vote: Eleven (11) Ayes – Unanimous Item is Tabled (11-0)

Motion to close nominations for all appointments by: Mr. Haas Second: Mr. Kelleher Vote: Eleven (11) Ayes – Unanimous

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Public Comment Brian Shiner (Kingston) stated Council is in violation of the Ethics Code by approving the Lease Agreement between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Center Services, Inc. for the Hazleton Active Adult Center and cited the section. Mr. Shiner feels Council should rescind their decision before adjourning the meeting.

Ed Chesnovitch (Jackson Township) agreed with Mr. Shiner and wanted to know if Council was going to act and rescind their decision on the contract. Mr. Chesnovitch would like Old Business listed on the agenda. Mr. McGinley responded Old Business has been on the agendas. Mr. Chesnovitch stated there were no items listed and Mr. McGinley stated he has items he wrote down and will cover.

Following Public Comment, Ms. Crake stated the Solicitors Office could take another look at the Lease Agreement between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Center Services, Inc. for the Hazleton Active Adult Center if Council so desired.

A motion was made to reconsider the resolution authorizing the County Manager to execute a Lease Agreement between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Center Services, Inc. for the Hazleton Active Adult Center by: Mr. Stephen A. Urban Second: Ms. Houck Vote: Eleven (11) Ayes – Unanimous Resolution is Reconsidered (11-0) Motion to Table Resolution by: Ms. Houck Second: Mr. Kelleher Vote: Eleven (11) Ayes – Unanimous Resolution is Tabled (11-0)

Motion to adjourn: Mr. Haas Second: Mr. Schnee Vote: Eleven (11) Ayes – Unanimous Meeting Adjourned at 6:44 PM

Respectfully Submitted, Sharon Lawrence Clerk of Council

* Audio of this meeting can be found in its entirety on the County Council webpage http://www.luzernecounty.org/county/luzerne-county-council or by contacting the Office of the Clerk of Council at (570) 825-1634 or via email to [email protected]

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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA DATE NUMBER A Resolution Approving a Settlement in the Matter of Moser (Simon) v. Luzerne County February 13, 2018 Dept: Luzerne County Office of Law

Contact: Romilda P. Crocamo, Esq.

Phone: 570-825-1598

SUMMARY:

The attorney for Plaintiffs and Defendant, Luzerne County, have engaged in settlement discussions in the above-captioned litigation. After an accident occurred on County maintained property, Melissa Moser filed a Complaint against Luzerne County with the Luzerne County Court of Common Pleas, alleging negligence and personal injury claims on behalf of her son, then a minor.

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 with the exception of any outstanding funds due and owing for payment of the insurance deductible.

DISCUSSION:

In 2014, Ms. Moser took her children to Seven Tubs Nature Area to fish. After arrival, Ms. Moser’s children began playing on a concrete barrier near the parking lot. The barrier allegedly fell on Ms. Moser’s 14 year old son causing injuries. Ms. Moser filed a negligence and personal injury action against Luzerne County in October of 2014. This litigation has been ongoing for the past 4 years. It is alleged that the child sustained permanent injuries.

ALTERNATIVES:

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

OTHER AGENCY INVOLVEMENT: None.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 7 of 100 RESOLUTION R-2018- LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Approving the Settlement of Pending Litigation in the Matter of Moser (Simon) v. Luzerne County

WHEREAS, Section 4.07 B3 of the Luzerne County Home Rule Charter Provides that County Manager shall have the authority to recommend the settlement of litigation involving the County, subject to the approval of County Council; and

WHEREAS, Section 2.09 B5 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, any recommendation by the County Manager to settle litigation involving the County; and

WHEREAS, the subject litigation stems from an accident on County maintained property occurring on May 13, 2014, causing alleged injuries to the child of the Plaintiff, Melissa Moser; and

WHEREAS, Ms. Moser instituted this litigation action against Luzerne County in October, 2014, by filing with the Luzerne County Court of Common Pleas (Case. No. 2014- 12099); and

WHEREAS, Melissa Moser desires to settle their claims against Luzerne County;

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council approves the settlement of pending litigation for all claims asserted by Melissa Moser in the matter of Moser (Simon) v. Luzerne County in the amount of $ . This settlement is a full and complete settlement of any and all claims Melissa Moser has against Luzerne County that arise out of the accident involving Ms. Moser’s son occurring on May 13, 2014.

This resolution shall become effective six days after adoption.

ADOPTED at a meeting of the Luzerne County Council held February , 2018.

ROLL CALL VOTE: AYES- NAYS-

LUZERNE COUNTY COUNCIL

By:______

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 8 of 100 Tim McGinley, Chair Attest:______Sharon Lawrence, Clerk of Council ______C. David Pedri, Esquire County Manager

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AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA DATE NUMBER A Resolution Approving a Settlement in the matter of Lacey v. Chacke v. Area Agency on Aging February 13, 2018 Dept: Luzerne County Office of Law

Contact: Romilda P. Crocamo, Esq.

Phone: 570-825-1598

SUMMARY:

The attorney for Plaintiffs and Defendant, Luzerne County Area Agency on Aging, have engaged in settlement discussions in the above-captioned litigation. After a car accident occurred between Doreen Chacke, ex-employee of the Agency, and Mark Lacey, deceased, the Estate of Mr. Lacey filed for litigation with the Luzerne County Court of Common Pleas, alleging negligence and wrongful death. Luzerne County was added as an additional defendant in May of 2014.

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 with the exception of any outstanding funds that may be due and owing for payment of the insurance deductible.

DISCUSSION:

In 2012, Ms. Chacke was a case worker for the Area Agency on Aging. On November 28, 2012, Ms. Chacke was on her way home from a nursing home when she was in a collision with Mr. Mark Lacey. Mr. Lacey was pronounced deceased at the scene. The Estate of Mark Lacey filed a negligence and wrongful death action against Ms. Chacke in January of 2014. In May of 2014, Ms. Chacke added the Agency as an additional defendant in the matter. This litigation has been ongoing for the past 4 years. Trial was set for February 5, 2018, but has been continued until April to allow for proposed settlement approval.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 10 of 100 Luzerne County Council Agenda Submittal Lacey v. Chacke v. Area Agency Aging Date: COUNCIL MEETING DATE 2/13/2018 - Page 2

ALTERNATIVES:

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

OTHER AGENCY INVOLVEMENT:

Area Agency on Aging.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 11 of 100 RESOLUTION R-2018- LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Approving the Settlement of Pending Litigation in the Matter of Lacey v. Chacke v. Area Agency on Aging

WHEREAS, the subject litigation stems from a car accident occurring on November 28, 2012, between ex-employee of the Area Agency on Aging, Ms. Doreen Chacke, and Mr. Mark Lacey (Deceased); and

WHEREAS, Luzerne County was added as an additional defendant in this litigation action against Ms. Chacke in May, 2014, by a writ filed by Ms. Chacke’s Attorney with the Luzerne County Court of Common Pleas (Case No. 2014-334); and

WHEREAS, the parties wish to settle this matter.

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council approves the settlement of pending litigation for all claims asserted by Doreen Chacke and Erie Insurance in the matter of Lacey v. Chacke v. Area Agency on Aging in the amount of . This settlement is a full and complete settlement of any and all claims Doreen Chacke has against Luzerne County that arises out of the car accident between Ms. Chacke and Mr. Lacey on November 28, 2012.

This resolution shall become effective six days after adoption.

ADOPTED at a meeting of the Luzerne County Council held February , 2018.

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 February 27, 2018 AGENDA Page 12 of 100 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA Resolution to designate the County Manager, the DATE NUMBER Director of Operational Services and/or the County February 13, 2018 Engineer as authorized signatory for execution of documents, notices, required exhibits and management of projects through PennDOT’s Reimbursement Agreement System (RAS). Dept: Engineering Dept. Contact: Lawrence Plesh, P.E. Phone: 570-825-1631

SUMMARY:

This resolution will allow the County Manager, Director of Operations and/or the County Engineer signatory power for execution of documents, notices, required exhibits and management of projects through PennDOT’s Reimbursement Agreement System (RAS).

FINANCING:

No funds are required for this resolution.

DISCUSSION:

Luzerne County has authorized construction and service agreements with the Pennsylvania Department of Transportation (PennDOT) almost every year since the beginning of the department’s inception. The County makes the payments to the contractor once PennDOT reimburses the County for the amount of the application for payment. A separate Reimbursement Agreement is signed between the County and PennDOT for the total amount of the contract. Currently, all contacts with PennDOT are handled electronically through the PennDOT’s Engineering and Construction Management System (ECMS) for contraction/services contracts and Reimbursement Agreement System (RAS) for funding reimbursement. This resolution will allow the County Manager, Director of Operations and/or the County Engineer signatory power for execution of documents, notices, required exhibits and management of projects related to RAS.

ALTERNATIVES:

The County Council may elect not to approve the resolution. Luzerne County will lose the power to quickly and easily handle management and funding reimbursement for transportation related projects funded by PennDOT.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 13 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 14 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 15 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 16 of 100 RESOLUTION R-2018-___ LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Designating the County Manager, Director of Operations and/or the County Engineer as Authorized Signatory for Execution of Documents, Notices, Required Exhibits and Management of Projects through the Pennsylvania Department of Transportation’s Reimbursement Agreement System (RAS).

WHEREAS, the Pennsylvania Department of Transportation (PennDOT) has implemented and requires the use of its Reimbursement Agreement System (RAS) via the Engineering Construction Management System (ECMS) for all agreements; and

WHEREAS, Luzerne County currently is a party to such agreements and anticipates continued participation in such agreements as owner of bridges throughout the Luzerne County; and

WHEREAS, all statement of interest, bid, notifications, awards, contracts, and agreements to be entered and authorized electronically in RAS via ECMS with no signature line but rather only electric acknowledgement of acceptance; and

WHEREAS, there will be no physical agreements and documents presented before County Council for execution; and

WHEREAS, all notifications, selections, awards, agreements, and contract executions requiring approval by County Council will be presented as a motion to be approved during a regular public meeting; and

WHEREAS, the County Council desires to authorize the County Manger, Director of Operations, and/or the County Engineer to execute all electronic paperwork upon such approval;

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council does approve the designation of the County Manager, the Director of Operational Services and/or the County Engineer as authorized signatory for execution of documents, notices, required exhibits and management of projects through PennDOT’s Reimbursement Agreement System (RAS).

This resolution shall become effective six days after adoption.

ADOPTED at a meeting of the Luzerne County Council held on this the ____ day of ______, 2018.

ROLL CALL VOTE: AYES- NAYS-

LUZERNE COUNTY COUNCIL

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

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 17 of 100 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA Approve a Resolution authorizing the County DATE NUMBER Manager to execute a lease amendment with, McCarthy Realty for property to be used by February 13, 2018 Children and Youth and the Luzerne / Wyoming Area Agency on Aging. Dept: Luzerne County Children and Youth Contact: Joanne Van Saun, Executive Director Phone: 570-826-8710

DEPARTMENTAL RECOMMENDATION: The Luzerne County Department of Children and Youth recommends Council approve a Resolution authorizing the County Manager to execute the attached lease amendment with McCarthy Realty for the property at 93-97 North St., Wilkes-Barre, to be used as Office Space by C & Y and the AAA for the period January 1, 2018 through December 31, 2022. The monthly rental cost for the total space will be $25,428.54 for the period of January 1, 2018 through December 31, 2020; and $26,191.60 for the period of January 1, 2021 through December 31, 2022.

SUMMARY:

C & Y and AAA currently occupy the abovementioned location under two lease agreements, currently on a month to month agreement. C & Y and AAA wish to continue leasing the existing property for the period January 1, 2018 to December 31, 2022 to provide office space for both C & Y and AAA.

FINANCING:

The lease is paid by both C & Y and AAA.

Luzerne County Children and Youth’s s state and federal allocation reimburses at a rate of 80%.

DISCUSSION:

This amendment provides office spaces in close proximity to the other Human services, court house, and service providers.

ALTERNATIVES:

Council could choose not to adopt the resolution. This is not recommended as it would require C & Y and AAA to find new office space that potentially could have a negative impact on consumers.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 18 of 100 Luzerne County Council Agenda Submittal Children and Youth Lease Amendment Date: Work Session of August 11,2015 - Page 2

OTHER AGENCY INVOLVEMENT:

The Area Agency on Aging The Office of Law

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 19 of 100 RESOLUTION R-2018-_____ LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Authorizing the County Manager to Execute a Lease Agreement Between Luzerne County Department of Human Services McCarthy Realty for Children and Youth and the Area Agency on Aging

WHEREAS, Luzerne County Council has authority to approve of all leases concerning real property; and

WHEREAS, the Department of Human Services has been leasing space for Children and Youth and the Area Agency on Aging from McCarthy Realty; and

WHEREAS, both parties would like to extend this lease until December 31, 2022; and

WHEREAS, the monthly rental cost for the total space will be $25,428.54 for the period of January 1, 2018 through December 31, 2020; and $26,191.60 for the period of January 1, 2021 through December 31, 2022;

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the County Manager to execute the Lease Agreement between McCarthy Realty and the Luzerne County Department of Human Services.

This Resolution shall become effective 6 days after adoption.

ADOPTED at a meeting of Luzerne County Council held on ______, 2018.

LUZERNE COUNTY COUNCIL

By:______Tim McGinley Chair ATTEST:______Sharon Lawrence Clerk of Council

______C. David Pedri County Manager

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 20 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 21 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 22 of 100 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA Approval of Agreement for the Sale of an DATE NUMBER Agricultural Conservation Easement February 13, 2018 Dept: Planning Department Contact: James Ferry Phone: 570-825-1560

SUMMARY: Luzerne County has a Farmland Preservation Program, created by Ordinance pursuant to the terms of the Agricultural Area Security Law P.L. 128, No. 43, June 30, 1981 (3 P.S. Section 901-915) as amended. The Farmland Preservation Board, whose members are appointed by the County Council, has oversight of the Program under the County Ordinance.

The Board seeks Council’s approval of the Agreement for the Sale of an Agricultural Easement to the Commonwealth of Pennsylvania and a County [Luzerne] Jointly in Perpetuity with the property owners, Gary Rinehimer and Randi Rinehimer for the purchase price of $380,970.00. Of that sum, the Commonwealth of Pennsylvania Department of Agriculture will pay $371,064.78. Luzerne County will pay $9,905.22

FINANCING:

Luzerne County will contribute $9,905.22 for a 2.6% joint interest in the easement. The source of the Luzerne County funds is the account holding the interest collected on Clean and Green Tax abatements that have been recovered by the County Assessors upon disqualification of a property that had been granted an abatement. Interest so recovered can only be used for the purchase of farmland preservation easements pursuant to the State law that created the Clean and Green real estate tax abatement program.

The Pennsylvania Department of Agriculture will contribute $371,064.78 for a 97.4% joint interest. Luzerne County will contribute $9,905.22 for a 2.6% joint interest in the easement.

All expenses incurred by the County related to the purchase of these easements are reimbursed by the Department of Agriculture.

DISCUSSION:

The County Charter provides that any contracts related to the County conveying or receiving any interest in real estate requires a vote by Council. Under the terms of the contract before Council with the Rinehimers, Luzerne County will receive a 2.6% interest to be held jointly with the Commonwealth of Pennsylvania, in consideration for the payment of $9,905.22.

Council’s approval will authorize the County Farmland Preservation Board to close the real estate transaction, and secure, along with the Commonwealth, a farmland preservation easement that will preserve the agricultural use and nature of the Rinehimer farm, protect vital farmlands within the County, and support farming as a way of life, source of employment, and economic resource.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 23 of 100 Luzerne County Council Agenda Submittal Agricultural Agreement of Sale Date: FEBRUARY 13, 2018 - Page 2

ALTERNATIVES:

The County Council may elect not to approve this agreement. The Department of Agriculture funds that are currently encumbered for the Rinehimer easement purchase may become unavailable to Luzerne County. If the County does not apply the funds accumulated from the recovery of interest on Clean and Green tax abatements that are rescinded and collected by the tax assessor’s office, the applicable state law requires that those funds be turned over to the Department of Agriculture for its use in purchasing easements in other counties.

OTHER AGENCY INVOLVEMENT:

The Luzerne County Farmland Preservation Board, the Luzerne Conservation District, which provides administrative services for the County program, the Commonwealth of Pennsylvania Agricultural Land Preservation Board, and the Department of Agriculture, Bureau of Farmland Preservation.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 24 of 100 RESOLUTION R-2018-_____ LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Authorizing Farmland Preservation Board to execute the Agreement for the Sale and Purchase of an Agricultural Conservation Easement

WHEREAS, Luzerne County has a Farmland Preservation Program, created by Ordinance pursuant to the terms of the Agricultural Area Security Law P.L. 128, No. 43, June 30, 1981 (3 P.S. Section 901-915) as amended ; and

WHEREAS, the Farmland Preservation Board, whose members are appointed by County Council, has oversight of the Farmland Preservation Program under the County Ordinance; and

WHEREAS, Luzerne County Council has authority to approve all real estate transactions concerning property in which Luzerne County would acquire an interest; and

WHEREAS, the Farmland Preservation Board seeks County Council’s approval of the attached Agreement of Sale of an Agricultural Easement pertaining to 169.32 acres of land situate in Hollenback Township, Luzerne County, Pennsylvania owned by Gary Rinehimer and Randi Rinehimer; and

WHEREAS, the State Board and County Board seek an agricultural conservation easement in the subject land pursuant to the Agricultural Area Security Law P.L. 128, No. 43, June 30, 1981 (3 P.S. Section 901-915) as amended; and

WHEREAS, the execution of the Agreement will preserve the agricultural use and nature of the subject farmlands, protect vital farmlands within the County, and support farming as a way of life, source of employment, and economic resource.

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the County Farmland Preservation Board to execute the Agreement for the Sale and Purchase of an Agricultural Conservation Easement to the Commonwealth of Pennsylvania and a County Jointly in Perpetuity.

This Resolution shall become effective six days after adoption.

ROLL CALL VOTE: AYES- NAYS-

ADOPTED at a meeting of Luzerne County Council held on ______, 2018.

LUZERNE COUNTY COUNCIL

By:______Tim McGinley, Chair

ATTEST:______Sharon Lawrence, Clerk of Council ______C. David Pedri, Esq. County Manager

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115TH CONGRESS 1ST SESSION H. R. 1731

To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2017 Mr. ROGERS of Kentucky (for himself, Mr. GRIFFITH, Mr. JENKINS of West Virginia, Mr. THOMPSON of Pennsylvania, and Mr. CARTWRIGHT) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and In- frastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.

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3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Revitalizing the Econ- 5 omy of Coal Communities by Leveraging Local Activities 6 and Investing More Act of 2017’’ or the ‘‘RECLAIM Act 7 of 2017’’.

8 SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.

9 (a) IN GENERAL.—Title IV of the Surface Mining 10 Control and Reclamation Act of 1977 (30 U.S.C. 1231 11 et seq.) is amended by adding at the end the following:

12 ‘‘SEC. 416. ABANDONED MINE LAND ECONOMIC REVITAL-

13 IZATION.

14 ‘‘(a) PURPOSE.—The purpose of this section is to 15 promote economic revitalization, diversification, and devel- 16 opment in economically distressed mining communities 17 through the reclamation and restoration of land and water 18 resources adversely affected by coal mining carried out be- 19 fore August 3, 1977.

20 ‘‘(b) IN GENERAL.—From amounts deposited into 21 the fund under section 401(b) before October 1, 2007, and 22 not otherwise appropriated to the extent such funds are 23 available, $200,000,000 shall be made available to the 24 Secretary, without further appropriation, for each of fiscal 25 years 2017 through 2021 for distribution to States and

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9 ‘‘(c) USE OF FUNDS FOR PRIORITY SITES.—Funds 10 distributed to a State or Indian tribe under subsection (d) 11 shall be used only for projects classified under the prior- 12 ities of section 403(a). In addition, if the project is classi- 13 fied under paragraph (3) of such section, the project also 14 must meet the following criteria:

15 ‘‘(1) CONTRIBUTION TO FUTURE ECONOMIC OR

16 COMMUNITY DEVELOPMENT.—

17 ‘‘(A) IN GENERAL.—The project, upon 18 completion of reclamation, is intended to create 19 favorable conditions for the economic develop- 20 ment of the project site or create favorable con- 21 ditions that promote the general welfare 22 through economic and community development 23 of the area in which the project is conducted.

24 ‘‘(B) DEMONSTRATION OF CONDITIONS.— 25 Such conditions are demonstrated by—

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19 ‘‘(2) LOCATION IN COMMUNITY AFFECTED BY

20 RECENT DECLINE IN MINING.—The project will be 21 conducted in a community— 22 ‘‘(A) that has been adversely affected eco- 23 nomically by a recent reduction in coal mining- 24 related activity, as demonstrated by employ- 25 ment data, per capita income, or other indica-

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8 ‘‘(3) STAKEHOLDER COLLABORATION.—

9 ‘‘(A) IN GENERAL.—The project has been 10 the subject of project planning under subsection 11 (g) and has been the focus of collaboration, in- 12 cluding partnerships, as appropriate, with inter- 13 ested persons or local organizations.

14 ‘‘(B) PUBLIC NOTICE.—As part of project 15 planning, the public has been notified and has 16 been given an opportunity to comment at a 17 public meeting convened in a community near 18 the proposed site.

19 ‘‘(4) ELIGIBLE APPLICANTS.—The project has 20 been proposed by entities of State, local, county, or 21 tribal governments, or local organizations, and will 22 be approved and executed by State or tribal pro- 23 grams, approved under section 405 or referred to in 24 section 402(g)(8)(B), which may include subcon- 25 tracting project-related activities, as appropriate.

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1 ‘‘(d) DISTRIBUTION OF FUNDS.—

2 ‘‘(1) UNCERTIFIED STATES.—

3 ‘‘(A) IN GENERAL.—From the amount 4 made available in subsection (b), the Secretary 5 shall distribute $195,000,000 annually for each 6 of fiscal years 2017 through 2021 to States and 7 Indian tribes that have a State or tribal pro- 8 gram approved under section 405 or are re- 9 ferred to in section 402(g)(8)(B), and have not 10 made a certification under section 411(a) in 11 which the Secretary has concurred, as follows: 12 ‘‘(i) Four-fifths of such amount shall 13 be distributed based on the proportion of 14 the amount of coal historically produced in 15 each State or from the lands of each In- 16 dian tribe concerned before August 3, 17 1977. 18 ‘‘(ii) One-fifth of such amount shall be 19 distributed based on the proportion of rec- 20 lamation fees paid during the period of fis- 21 cal years 2012 through 2016 for lands in 22 each State or lands of each Indian tribe 23 concerned.

24 ‘‘(B) SUPPLEMENTAL FUNDS.—Funds dis- 25 tributed under this section—

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14 ‘‘(2) ADDITIONAL FUNDING TO CERTAIN

15 STATES AND INDIAN TRIBES.—

16 ‘‘(A) ELIGIBILITY.—From the amount 17 made available in subsection (b), the Secretary 18 shall distribute $5,000,000 annually for each of 19 the five fiscal years beginning with fiscal year 20 2017 to States and Indian tribes that have a 21 State program approved under section 405 and 22 have made a certification under section 411(a) 23 in which the Secretary has concurred.

24 ‘‘(B) APPLICATION FOR FUNDS.—Using 25 the process in section 405(f), any State or In-

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7 ‘‘(C) DISTRIBUTION OF FUNDS.—The 8 amount of funds distributed to each State or 9 Indian tribe under this paragraph shall be de- 10 termined by the Secretary based on the dem- 11 onstrated need for the funding to accomplish 12 the purpose of this section.

13 ‘‘(3) REALLOCATION OF UNCOMMITTED

14 FUNDS.—

15 ‘‘(A) COMMITTED DEFINED.—For pur- 16 poses of this paragraph the term ‘committed’— 17 ‘‘(i) means that funds received by the 18 State or Indian tribe— 19 ‘‘(I) have been exclusively applied 20 to or reserved for a specific project 21 and therefore are not available for any 22 other purpose; or 23 ‘‘(II) have been expended or des- 24 ignated by the State or Indian tribe 25 for the completion of a project;

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10 ‘‘(B) FISCAL YEARS 2020 AND 2021.—For 11 each of fiscal years 2020 and 2021, the Sec- 12 retary shall reallocate in accordance with sub- 13 paragraph (D) any amount available for dis- 14 tribution under this subsection that has not 15 been committed to eligible projects in the pre- 16 ceding 2 fiscal years, among the States and In- 17 dian tribes that have committed to eligible 18 projects the full amount of their annual alloca- 19 tion for the preceding fiscal year.

20 ‘‘(C) FISCAL YEAR 2022.—For fiscal year 21 2022, the Secretary shall reallocate in accord- 22 ance with subparagraph (D) any amount avail- 23 able for distribution under this subsection that 24 has not been committed to eligible projects or 25 distributed under paragraph (1)(A), among the

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4 ‘‘(D) AMOUNT OF REALLOCATION.—The 5 amount reallocated to each State or Indian 6 tribe under each of subparagraphs (B) and (C) 7 shall be determined by the Secretary to reflect, 8 to the extent practicable— 9 ‘‘(i) the proportion of unreclaimed eli- 10 gible lands and waters the State or Indian 11 tribe has in the inventory maintained 12 under section 403(c); 13 ‘‘(ii) the average of the proportion of 14 reclamation fees paid for lands in each 15 State or lands of each Indian tribe con- 16 cerned; and 17 ‘‘(iii) the proportion of coal mining 18 employment loss incurred in the State or 19 on lands of the Indian tribe, respectively, 20 as determined by the Mine Safety and 21 Health Administration, over the 5-year pe- 22 riod preceding the fiscal year for which the 23 reallocation is made.

24 ‘‘(e) RESOLUTION OF SECRETARY’S CONCERNS; CON-

25 GRESSIONAL NOTIFICATION.—If the Secretary does not

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19 ‘‘(f) ACID MINE DRAINAGE TREATMENT.—

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 21 State or Indian tribe that receives funds under this 22 section may use up to 30 percent of such funds as 23 necessary to supplement the State’s or tribe’s acid 24 mine drainage abatement and treatment fund estab- 25 lished under section 402(g)(6)(A), for future oper-

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7 ‘‘(2) CONDITION.—A State or Indian tribe may 8 use funds under this subsection only if the State or 9 tribe can demonstrate that the annual grant distrib- 10 uted to the State or tribe pursuant to section 401(f), 11 including any interest from the State’s or tribe’s 12 acid mine drainage abatement and treatment fund 13 that is not used for the operation or maintenance of 14 preexisting acid mine drainage treatment systems, is 15 insufficient to fund the operation and maintenance 16 of any acid mine drainage treatment system associ- 17 ated with an individual project funded under this 18 section.

19 ‘‘(g) PROJECT PLANNING AND ADMINISTRATION.—

20 ‘‘(1) STATES AND INDIAN TRIBES.—

21 ‘‘(A) IN GENERAL.—A State or Indian 22 tribe may use up to 10 percent of its annual 23 distribution under this section for project plan- 24 ning and the costs of administering this section.

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1 ‘‘(B) PLANNING REQUIREMENTS.—Plan- 2 ning under this paragraph may include— 3 ‘‘(i) identifying eligible projects; 4 ‘‘(ii) updating the inventory referred 5 to in section 403(c); 6 ‘‘(iii) developing project designs; 7 ‘‘(iv) collaborating with stakeholders, 8 including public meetings; 9 ‘‘(v) preparing cost estimates; or 10 ‘‘(vi) engaging in other similar activi- 11 ties necessary to facilitate reclamation ac- 12 tivities under this section.

13 ‘‘(2) SECRETARY.—The Secretary may expend, 14 from amounts made available to the Secretary under 15 section 402(g)(3)(D), not more than $3,000,000 16 during the fiscal years for which distributions occur 17 under subsection (b) for staffing and other adminis- 18 trative expenses necessary to carry out this section.

19 ‘‘(h) REPORT TO CONGRESS.—The Secretary shall 20 provide to the Committee on Natural Resources of the 21 House of Representatives, the Committees on Appropria- 22 tions of the House of Representatives and the Senate, and 23 the Committee on Energy and Natural Resources of the 24 Senate at the end of each fiscal year for which such funds 25 are distributed a detailed report—

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12 (b) CLERICAL AMENDMENT.—The table of contents 13 in the first section of the Surface Mining Control and Rec- 14 lamation Act of 1977 is amended by adding at the end 15 of the items relating to title IV the following:

‘‘Sec. 416. Abandoned mine land economic revitalization.’’.

16 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 17 The Surface Mining Control and Reclamation Act of 18 1977 is amended— 19 (1) in section 401(c) (30 U.S.C. 1231(c)), by 20 striking ‘‘and’’ after the semicolon at the end of 21 paragraph (10), by redesignating paragraph (11) as 22 paragraph (12), and by inserting after paragraph 23 (10) the following: 24 ‘‘(11) to implement section 416; and’’;

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17 SEC. 4. MINIMUM STATE PAYMENTS. 18 Section 402(g)(8)(A) of the Surface Mining Control 19 and Reclamation Act of 1977 (30 U.S.C. 1232(g)(8)) is 20 amended by striking ‘‘$3,000,000’’ and inserting 21 ‘‘$5,000,000’’.

22 SEC. 5. GAO STUDY OF USE OF FUNDS. 23 Not later than two years after the date of the enact- 24 ment of this Act, the Comptroller General of the United

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15 SEC. 6. ABANDONED MINE LAND RECLAMATION AND RES-

16 TORATION INITIATIVE.

17 (a) IN GENERAL.—Subchapter I of chapter 145 of 18 title 40, United States Code, is amended by adding at the 19 end the following:

20 ‘‘§ 14510. Abandoned mine land reclamation and res-

21 toration initiative

22 ‘‘(a) IN GENERAL.—The Appalachian Regional Com- 23 mission may provide technical assistance, make grants, 24 enter into contracts, or otherwise provide amounts to indi- 25 viduals or entities in the Appalachian region for projects

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6 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 7 cost of any activity eligible for a grant under this sec- 8 tion— 9 ‘‘(1) not more than 50 percent may be provided 10 from amounts appropriated to carry out this section; 11 and 12 ‘‘(2) notwithstanding paragraph (1)— 13 ‘‘(A) in the case of a project to be carried 14 out in a county for which a distressed county 15 designation is in effect under section 14526, 16 not more than 80 percent may be provided from 17 amounts appropriated to carry out this section; 18 and 19 ‘‘(B) in the case of a project to be carried 20 out in a county for which an at-risk designation 21 is in effect under section 14526, not more than 22 70 percent may be provided from amounts ap- 23 propriated to carry out this section.

24 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub- 25 section (b), a grant provided under this section may be

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5 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi- 6 sion of law limiting the Federal share under any other 7 Federal program, amounts made available to carry out 8 this section may be used to increase that Federal share, 9 as the Appalachian Regional Commission determines to be 10 appropriate.’’.

11 (b) CLERICAL AMENDMENT.—The analysis for chap- 12 ter 145 of title 40, United States Code, is amended by 13 inserting after the item relating to section 14509 the fol- 14 lowing:

‘‘14510. Abandoned mine land reclamation and restoration initiative.’’.

15 SEC. 7. HEADQUARTERS OF APPALACHIAN REGIONAL COM-

16 MISSION.

17 (a) FINDING.—Congress finds that— 18 (1) the Delta Regional Commission, the Denali 19 Commission, and the Northern Border Regional 20 Commission are each headquartered in their respec- 21 tive region; and 22 (2) the headquarters of the Appalachian Re- 23 gional Commission should be relocated from the Dis- 24 trict of Columbia to a more affordable location in 25 the Appalachian Region.

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1 (b) LOCATION OF HEADQUARTERS.—

2 (1) IN GENERAL.—Section 14301 of title 40, 3 United States Code, is amended by adding at the 4 end the following:

5 ‘‘(g) HEADQUARTERS.—The headquarters of the 6 Commission shall be located in the Appalachian Region.’’.

7 (2) IMPLEMENTATION.—The Federal Cochair- 8 man of the Appalachian Regional Commission shall 9 take such actions as may be necessary to carry out 10 the amendment made by paragraph (1). Æ

•HR 1731 IH

VerDate Sep 11 Luzerne2014 01:16 Mar County 30, 2017 JktCouncil 069200 PO Voting 00000 Frm Session 00019 Fmt 6652February Sfmt 6301 27, E:\BILLS\H1731.IH 2018 AGENDA H1731 Page 55 of 100 SSpencer on DSK4SPTVN1PROD with BILLS Technical Assistance & Provided Services Staff Robert E. Hughes- Executive Director Grant Writing Interpretation of Historic Surface Michael A. Hewitt- Program Manager & Administration & Underground Mine Maps Kelsey Biondo- GIS Mine Map Program Coordinator Gabby Zawacki- GIS Specialist Gavin Pellitteri- Watershed Outreach Specialist Denise Hernandez- Urban Outreach Specialist/Bookkeeper

Abigail Keefe- Office of Surface Mining Reclamation & Enforcement/AmeriCorps Environmental Steward Marketing & Social Media Outreach Specialist

Building Broad Coalitions Rachael Grube- Office of Surface Mining Reclamation & Throughout the EPCAMR Region Enforcement/AmeriCorps Environmental Steward GIS Technician EPCAMR is looking to continue to build partnerships with all of the Conservation Districts in NC and NE PA that have impacts from not just abandoned coal mines but also abandoned quarries, limestone, sand and gravel, and other Contact Us mines where mineral extraction has occurred. We encourage EPCAMR’s Office is centrally located throughout the membership from other organizations and Conservation coalfields off of Inter-State Route I-81; Nanticoke Exit 164 Districts to become involved with our regional organization onto State Route 29 Ashley/Sugar Notch Exit 1 onto S. Main to address the important issues associated with achieving Street. 101 S. Main Street, Ashley PA 18706; (Red Brick clean water, land reclamation, economic development, job Building) opportunities, and environmental education and outreach opportunities throughout the region. Office hours usually 9AM-5PM Monday through Friday; Reclamation Mine Abandoned for Coalition Pennsylvania Eastern Occasional Saturdays while coordinating community Now, more than ever, EPCAMR would like gain the local projects. support of community groups, local governments, For updates on educational institutions, conservancy groups, Conservation future volunteer Districts, reclamation related organizations, land trusts, opportunities historical societies, cultural organizations, Trout Unlimited and what's Chapters, co-generation plants, coal companies, and private going on in sector industries. These partnerships will allow EPCAMR to provide the necessary resources, information, data, first-hand the office, sign up for our monthly newsletter in the knowledge, anecdotal evidence, technical resources, "Volunteer Registration Form" under the "Get Involved!" tab mapping, historic mine maps (both surface and underground), on our website at www.epcamr.org and institutional knowledge from community leaders and volunteers who want to achieve the same goal of restoring 570-371-3522 EPCAMR our watershed impacted by past mining practices.

A large majority of EPCAMR’s work has focused on areas [email protected] epcamr impacted by both bituminous and anthracite coal mining. We are willing to assess and provide technical assistance in other epcamr.org; Luzerne County Council Voting Session Februaryorangewaternetwork.org; 27, 2018 @epcamr AGENDA Page 56 of 100 areas. Contact us today to find out how to become a partner! treatminewater.com Who We Are Our Mission Overview of Programs EPCAMR is a regional non-profit environmental “The general purpose of the EPCAMR is to encourage Watershed and Urban Outreach Programs organization that works throughout NE and NC the reclamation and redevelopment of land affected by Pennsylvania Coalfields with community groups, local past mining practices. This includes reducing hazards governments, schools, colleges and universities, as well as to health and safety, eliminating soil erosion, Conservation Districts, reclamation-related organizations, improving water quality, and returning land affected watershed groups, TU Chapters, and regional non-profit by past mining practices to productive use, thereby coalitions to support the reclamation of abandoned mine improving the economy of the region.” lands and the remediation of rivers and streams impacted by past mining practices and polluted abandoned mine “EPCAMR prides ourselves on the professional quality drainage (AMD). of ourwork created by our highly skilled, passionate Our staff and organization is interested in developing Staff, who arecommitted to watershed restoration, land reclamation, andproviding education and relationships and partnerships with community leaders and Mine Map Scanning, Georeferencing, & Digitizing organizations that would like to work together on seeking awareness of our efforts to reclaimAnthracite and for the PA Mine Subsidence Insurance Program opportunities for the leveraging of funding from various Bituminous Coalfields and mining impactedareas to levels of government, foundations, corporate donations, those communities that are often underrepresented.” and volunteer matching funds from individuals interested in —Robert E. Hughes, Executive Director becoming involved in local projects within their own community that has been impacted by abandoned mine Acid Mine Drainage (AMD) and the orange lands. pollutant known as iron oxide pours out of the EPCAMR is interested in creating new partnerships and Old Forge Borehole in Lackawanna County, building on existing ones to raise the awareness of our Pennsylvania at an mission and goals in the EPCAMR Region. EPCAMR would estimated 40 to 100 like to continue to support reclamation and remediation million gallons a day. This amount of efforts in these areas on abandoned mine land reclamation, drainage a day is • Professional Services for Water Quality, Flow, AMD, and watershed restoration projects with community equivalent to the Borehole Monitoring, & Maintenance & Operation of groups, conservation groups, co-generation plants, coal amount of water the average person uses in AMD Treatment Systems companies, Conservation Districts, TU Chapters, and an entire year! watershed groups covering these areas. Although AMD is often • Environmental Education Program to Underserved thought to be orange The main intent of the development of this brochure is to due to iron oxide, it has School Districts and Environmental Justice Coalfield allow us to: 1) reach out to additional partners and make many different colors Communities them aware of our Coalition’s efforts in the region, in these and contributors dependent on the two respective counties where we work; 2) update them on chemistry. This form of • Visual Habitat, Biological Fishery and Macro- regional projects and technical assistance of importance to AMD is crystal blue, their watersheds; 3) provide them information on events, which gets its hue from Invertebrate Assessments, Trout Stream Coldwater the high amount of conferences, workshops, trainings, legislation, and aluminum. The Jeddo Conservation & Watershed Assessment Plan advocacy opportunities; and 4) offer additional technical Tunnel of Luzerne Development assistance and services to those community leaders and County, Pennsylvania releases an estimated groups with similar goals and desires to clean up their 40,000 gallons of • 3D Mine Pool Mapping & Modeling of mining impacted watersheds and areas suffering from past polluted mine water a mineral extraction industries that have been abandoned. minute. Underground Mine Pool Complexes throughout the State

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 57 of 100 "Reclaim Abandoned Mine Lands Through Partnerships Today, for a Cleaner Environment Tomorrow!" Luzerne County Council Voting Session February 27, 2018 AGENDA Page 58 of 100

Eastern PA Coalition for Abandoned Mine Reclamation

Robert E. Hughes EPCAMR Executive Director 101 South Main Street Ashley, PA 18706 Phone: (570) 371-3523 [email protected] Website: www.epcamr.org

The Honorable Paul Gosar Chairman on the SubCommittee on Energy and Mineral Resources Committee on Natural Resources United States House of Representatives Washington, D.C, 20515

The Honorable Alan Lowenthal Ranking Member, SubCommittee on Energy and Mineral Resources Committee on Natural Resources United States House of Representatives Washington, D.C, 20515

RE: Legislative Hearing Testimony/Comments on H.R. 1731 (RECLAIM Act)

Dear Chairman Gosar and Ranking Member Lowenthal:

EPCAMR is a non-profit coalition representative of County Conservation Districts in NorthCentral and

Northeastern PA’s Bituminous & Anthracite Coal Region, along with community watershed organizations, land reclamation groups, historic preservation societies, environmental professionals, the Anthracite industry, and Co-

Generation plants, that supports the reclamation of abandoned mine lands and rivers and streams polluted by abandoned mine drainage (AMD). Our regional board consists of 25 members, covering 16 counties and dozens of watersheds impacted by past mining practices. The majority of the coalfield communities that we work in are located in the headwaters of both the Chesapeake Bay, Schuylkill, and Delaware Rivers. EPCAMR is also a member of the Choose

Clean Water Coalition (CCWC) and the Delaware River Watershed Coalition. We would like to offer our testimony on support of the RECLAIM Act (HR 1731).

EPCAMR’s goals cannot be realized without continuing to make critical clean water investments in our coalfield communities. It means infrastructure needs in our cities and towns that are located in watersheds impacted by abandoned mine lands need to prevent stormwater from running off our streets and parking lots and washing pollutants downstream and across abandoned mine lands. Clean water from mountain streams above mining impacted areas often enters abandoned mines through interfaces with the coal measures that have been mined out where that water becomes an

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 59 of 100 additional pollution source that creates AMD. Reclamation of the land needs to occur to prevent fines and silts from entering our rivers and streams, creating AMD and pollution problems downstream and locally within our communities.

Reclamation of abandoned mine lands need to be marketed to create economic redevelopment opportunities that lead to new jobs and a just transition to new economies in our often underserved and underrepresented coalfields. Public funding along with private investments need to go hand in hand to reclaim our abandoned mine lands and to create opportunities to reuse our polluted mine water sources of pollution.

EPCAMR is asking our Members of Congress to continue to support funding for programs that provide critical support to the states, local governments, non-profits, and communities throughout our Region.

RECLAIM Act (HR 1731) Passage – The $1 billion bill to turn abandoned coal mine cleanup into an economic booster for struggling coalfield communities. EPCAMR hopes that the House Natural Resources Subcommittee on Energy and

Mineral Resources supports the passage of this bill known as the "Revitalizing the Economy of Coal Communities by

Leveraging Local Activities and Investing More Act,", sponsored by Congressman Hal Rogers, Kentucky, supported by many Appalachian communities.

EPCAMR doesn’t read that there any restriction of final land use or any distinction that the money may only be used for the traditional reclamation as opposed to site preparation for building pads. On Page 3, line 9-14, Paragraph (c) is reworded to clearly state that money can be used on SMCRA Title IV priority 1 and 2 sites with no restriction, but if it is used on priority 3 (environmental degradation and AMD), then it must meet the economic or community development requirement. Page 6, line 18, starts the changes to the "rolling average" language to the "proportion of reclamation fees paid during the period of fiscal years 2012 through 2016". This makes it easier to calculate today how much each state will get as opposed to waiting to see where the market takes us. Page 14 talks about the requirements for the Secretary's report to Congress. EPCAMR believes it clarifies the reporting requirements and adds a 4th paragraph to quantify the reduction in the Inventory since the previous report. This shows accountability for how the funds have been spent.

OSMRE has standardized many of these attributes now in eAMLIS, which is a step in the right direction.

EPCAMR is supportive of moving funds more quickly from the Abandoned Mine Land Trust Fund that is owed to certain states, for much needed reclamation, job creation, water treatment of polluted AMD, and economic redevelopment. EPCAMR also hopes to supports a broader infrastructure package will emerge from the President later this year to compliment the bill. Senate Majority Leader Mitch McConnell, Kentucky, introduced the companion, S 728.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 60 of 100 Senator Joe Manchin, West Virginia, is also the lead co-sponsor of the Senate Democrats own “RECLAIM Act”, S 738, which is identical to last year’s bill prepared by Rogers.

Passage of either would inject $200 million a year for the next five years into "promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977". Since 1977, $10.9 billion in fees has been collected, $151 million alone in 2016. OSMRE estimates that roughly $10 billion of cleanup remains left.

The AML Fund currently has $2.5 billion unappropriated — unused, but reserved for use in particular states.

"RECLAIM" would simply accelerate payments to those states. Of the extra money annually, $195 million would be reserved for uncertified states, those with outstanding high-priority coal sites left to clean up, including Pennsylvania. The remaining $5 million would be set aside for certified states, namely Wyoming, whose congressional delegation has long been among the chief opponents of the proposal.

All funding under the Democrats' proposal would be based on how much coal a state mined in 1977, as states with more coal mining then are likely to have more eligible sites, including PA. Under the GOP bill, 80% of funding would be based on that calculation, with 20 percent distributed based on how much a state or tribe paid in reclamation fees between 2012 and 2016. It only applies to the “economic development nexus”, Priority 1 and 2 sites — those posing a threat to public health, safety and property — would be eligible, which comprise roughly 75% of the remaining abandoned mines, by cost, in the official AML Inventory managed by OSMRE. While preferred, only Priority 3 sites, environmental restoration, would have to prove their economic impact, including AMD cleanup and watershed restoration. PA could be at a disadvantage here because of not being able to reach the criteria of economic nexus and therefore could lose out on funds. EPCAMR believes that it should be up to PA and the States to determine whether or not Priority 1 and Priority 2 sites meet the economic nexus and not be legislated by the Federal government.

AMD treatment plants can create long-term opportunities for job creation that will cleanup PA’s 5,500 miles of polluted streams and put people in the coal regions to work. No longer can passive mine drainage treatment be the norm.

Active mine water treatment plants that are very similar to wastewater treatment plants are necessary to restore our watersheds. There are 288 AMD Treatment systems in operation across PA (Datashed, 2017), according to www.datashed.org, a database where EPCAMR helps Stream Restoration Incorporated to populate it with water quality data results and improvements, as well as photos, operation, maintenance, rehabilitation, replacement manuals, and

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 61 of 100 design and construction plans. 71,369,254,463 (gal/yr) of AMD have been treated. 17,084,443 (lb/yr) of iron, 3,090,050

(lb/yr) of aluminum, 1,486,466 (lb/yr) of manganese, and 8,123,596 (lb/yr) of acidity have been removed PA waterways.

Eligible communities would qualify based on local employment data, per-capita income and other economic indicators as well as a demonstrated reliance historically on coal. The Republican bill should prioritize economic development, include a jobs creation package, and require community engagement for project proposals, which EPCAMR believes should happen to encourage local involvement and prioritization led by citizens who are impacted the most. 5.5 million people live within 1 mile of an abandoned mine land, nationally. 2,723,932 million people live within 1 mile of an abandoned mine in PA, alone (17.66% of the US Census (2010).

APPALACHIAN REGIONAL COMMISSION SUPPORT

EPCAMR noticed that the Republicans also added a provision that would move the headquarters of the

Appalachian Regional Commission (ARC) out of Washington, D.C. to save operating costs. EPCAMR agrees that relocating ARC to a more affordable location within the Appalachian Region is a positive step. The independent agency, created in 1965 to help historically impoverished mountain counties in 13 Eastern states, invested $73 million last year in coal-affected areas. 25 million Americans live in the Appalachian Region who need the support of this program. EPCAMR believes that there is an additional need to look in to adding additional counties in NE PA to the ARC covered counties and that other States may feel the same way. In 52 years, ARC projects totaled $3.8 billion, resulting in nearly 312,000 jobs and $10 billion in increased earnings. Are they talking about a 50/50 cost share grants for transitional counties, 80/20 for distressed and 70/30 for at-risk counties? It says any source and EPCAMR wonders where those funds would come from.

EARTH CONSERVANCY

EPCAMR has included a letter from the Earth Conservancy, another regional reclamation partner in Northeastern

PA, (www.earthconservancy.org), on their accomplishments and a list of Waste Coal Material Processed on Earth

Conservancy Projects from 1995 to 2016. 8,053,000 Tons of coal waste were processed and recovered for electricity usage that improved 570 acres on 7 projects alone. At a 40% recovery rate, 20 million Tons of culm and coal waste have been processed. Future work on the West End Bank, another 3,500,000 Tons remain to be processed and reclaimed on

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 62 of 100 300 acres of abandoned mine lands that lay surrounded by the Pinchot State Forest overlooking the Susquehanna River, in the Northern Field.

ARIPPA

In PA’s inventory of waste coal piles sites maintained by the PA DEP’s Bureau of Abandoned Mine Reclamation

(BAMR), approximately 820 waste coal banks covering 9,500 acres still remain unreclaimed. 50 of them are burning and on fire, like the well known mine fire in Centralia, PA. The estimated volume of waste coal in these banks is over

224,000,000 cubic yards of material, suitable for burning in a co-generation plant, like those of the ARIPPA trade association (www.arippa.org). Over 5,000 acres of mine-scarred lands were reclaimed by the ARIPPA plants across PA, by private mine operators, at no cost to PA. Land that has been reclaimed is either contoured, planted, revegetated, or converted to another commercial or industrial use that ceates additional jobs. Streams recover, property values increase, and the reclaimed land is available for higher uses and can often become taxable parcels, bringing in much needed, local taxes to coalfield communities with a stagnant tax base. EPCAMR is very supportive of ARIPPA’s efforts and has been a long time supporter of their reclamation plans. In October 2016, ARIPPA released a report prepared by Econsult

Solutions, an economic consulting firm, that analyzed the economic and environmental benefits of the 14 plants comprising the PA coal refuse to energy industry. (http://arippa.org/wp-content/uploads/2016/12/Summary-of-Benefits-of- the-Coal-Refuse-to-Energy-Industry-as-of-Feb.-2017.pdf; See Attached)

To see the amount of material that has been excavated, backfilled, seeded, and mulched, on dozens of reclamation sites over the last two decades is simply amazing and truly a testament to the land reclamation efforts of the waste coal industry. Fuels managers, machine operators, plant operators, and heavy equipment operators and their fuel supply companies, like Northampton Fuel Supply, Inc., who just won the National Association of Abandoned Mine Lands

Reclamation Award for the extensive land reclamation efforts that has had to occur on the “Loomis Bank Operation”,

Hanover Township, Luzerne County, PA to backfill, regrade, create surface contours and conveyances to control stormwater, and to keep surface water from entering the underground abandoned mine pool in the lower Wyoming Valley that would have ultimately continued to contribute to the formation of abandoned mine drainage (AMD) that would have ended up discharging into the Nanticoke Creek Watershed, had they not reclaimed the site. Because of the amount of land reclamation completed on the Loomis Site, it can now be considered for future business development which will provide economic development opportunities to the Southern part of the Wyoming Valley, and can add taxable income Luzerne County Council Voting Session February 27, 2018 AGENDA Page 63 of 100 and revenue streams to the local school district, the local township, and Luzerne County, in terms of future taxes to improve the local economy of Hanover Township and the surrounding coalfield communities. A good example of an opportunity for a RECLAIM Project for the future.

What stands out the most is the lack of the mountainous black banks of waste coal, culm, slate rock, and burnt clinkers of coal that dominated the regional landscape historically. There is no longer the smell of burning mine fires with its sulfur gas dispersing into the air as prevalent as it was 20 years ago. The greening of the landscape and topography, along with the surface features that have been reclaimed now dominate hundreds of reclamation sites. Land reclamation has significantly reduced the environmental damage that had historically been a problem across the Coal Region.

Ambient air quality has no doubt improved since there is no more smell of sulfurous gas coming from extinguished mine fires, dust suppression is no longer necessary due to the light finer coals that once sat in the processing and siltation ponds, elimination of secluded illegal dumping grounds for litter and tires occurs, and water has been restored to the surface and does not percolate down into the mine spoils any longer creating AMD. The work of the waste coal industry has improved thousands of acres of trees, grasses, and wildflowers that have now been reestablished on sites with lush vegetative growth and ground cover that has reduced sediment and erosion into the local waterways.

ARIPPA facilities remove and utilize coal refuse from both past and current mining activities, thereby abating acid mine drainage from coal refuse stockpiles. The facilities also utilize the ash by-product in a beneficial, highly regulated, manner to reclaim damaged abandoned mines lands and streams all at no cost to taxpayers. By converting coal refuse into alternative energy, ARIPPA members are removing one of the principal sources of contamination to surface and ground water in legacy coal mining regions. Until the commercial development of the circulating fluidized bed boiler, there was no significant use for this low BTU-value coal refuse, fuel/material. Now this fuel/material can be put to good use in the production of clean alternative energy.

To date over 214 million tons of coal refuse have been converted into alternative energy by member ARIPPA plants. Circulating Fluidized Bed (CFB) technology, one of the cleanest methods available today, has been used to convert coal refuse into electricity and an alkaline-rich ash by-product utilized for decades in a highly regulated, safe, and beneficial manner to fill and reclaim unsafe, abandoned mine lands; to remediate streams damaged by acid mine drainage; amend soil at mining sites, and serve as an additive in concrete/asphalt for construction and roadways. The unique nature of ARIPPA's environmental efforts combined with the desire to coordinate these efforts with “hands on” environmentally oriented groups, like EPCAMR, and governmental agencies symbolizes its commitment to improving our

Commonwealth’s landscape and environment at no expense to the taxpayer.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 64 of 100 ARIPPA’s member facilities constitute the overwhelming majority of the coal refuse power production industry in the world generating approximately 10% of the total electricity in the Pennsylvania/West Virginia region. It is a unique and beneficial industry to Pennsylvania, given the need for the plants to assist our coalfield residents and communities in cleaning up our abandoned mine problems throughout Pennsylvania. Hundreds to thousands of citizen- workers, who are directly or indirectly employed by the ARIPPA industry, live, along with their children, families, and extended families, in communities within close proximity of the ARIPPA alternative energy plants. These communities and nearby lands and streams have experienced vast environmental and economic improvements due mainly to the decades of hard work and dedication, these workers, and the ARIPPA industry has provided. One only has to look at the recently published and released Economic and Environmental Analysis of PA’s Coal Refuse Industry Final Report, dated September 8, 2016, produced for ARIPPA, by Econsult Solutions, Inc. to see the true value and public benefits of the waste coal industry.

Another example of a potential RECLAIM Project is as follows. EPCAMR is currently facilitating discussions, field meetings, meetings with local, County, and State government officials, Pagnotti Enterprises, Abrahams Creek Watershed

Association Swoyersville Borough residents, and the waste coal industry leaders from Olympus Power, LLC, Panther

Creek Partners, Northampton Energy Services, PA DEP Pottsville District Mining Office and the PA DEP Bureau of

Abandoned Mine Reclamation, State Representative Aaron Kaufer’s Office in the 120th Legislative District, to discuss funding options, a government financed construction contract, and incentives to reclaim an estimated 4 Million cubic yards of abandoned waste culm from the former Harry E. Breaker Colliery grounds, located in Swoyersville Borough, Wyoming

Valley, Luzerne County. The potential land use development of the site once reclaimed is being considered for a high-end housing development that could bring in new families, new tax dollars, trade jobs, trucking, hauling, and other ripple effect boosts to the surrounding local economy.

Throughout the country, watershed groups and local governments, are playing an increasingly prominent role in environmental management. With their local focus and community base, watershed groups and Coalitions like EPCAMR, are building consensus and expanding participation within communities across Pennsylvania. It is not uncommon for organizations to operate on an annual unrestricted budget of less than $5,000, while at the same time implementing

$100,000 projects that directly benefit communities and the environment.

Abandoned mine land projects in particular, are costly and are long-term endeavors, often taken on by non-profit organizations that operate through grant and foundation funds. According to the Pennsylvania Department of

Environmental Protection (PA DEP) Mining Reclamation Advisory Board (MRAB), of which, I am a member, the average cost of an AML project falls in a range of $8,000 to $20,000 per acre. If AMD is present on those lands, the cost could be Luzerne County Council Voting Session February 27, 2018 AGENDA Page 65 of 100 even higher. Pennsylvania organizations have relied heavily on Growing Greener funds, which have dwindled in recent years, making it more difficult to fund projects. PA DEP Bureau of Abandoned Mine Reclamation (BAMR) staffing levels are down and more attrition is expected as more staff retire in upcoming years. Funds are necessary to assist with administering the funding that would come down to the States.

Mini-Grant Program Expansion Possible by EPCAMR and Others

The ARIPPA AML/AMD Reclamation Mini-grant Program developed and administered by EPCAMR and our western counterpart, was created in partnership with ARIPPA, in 2010, to help environmental organizations and

Conservation Districts secure extra match and leverage additional funds from other State, Federal, County, or Local sources. The waste coal industry has also provided donations over the last 6 years to EPCAMR and a similar organization to ours in Western PA to support land and water reclamation projects, community projects, stream restoration projects, education and outreach programs to underserved coalfield communities, and AMD monitoring, operation, repair, and treatment. Watershed protection is one of the fastest growing areas of community-based collaboration. EPCAMR redistributes the entire amount of the donation back out to the community groups and reclamation partners across our region each year. To date, ARIPPA has donated $30,000 to EPCAMR alone, and another $30,000 to our western counterpart, to support abandoned mine land reclamation projects across PA.

In 2016, ARIPPA donated $5,000 ($2500 to each of the Coalitions) to fund even more projects throughout the state including:

Newport Township CrimeWatch Organization–$500 towards hauling, proper electronics waste disposal, dumpster, and cleanup supplies for a planned 2017 Spring Cleanup (between April and May 2017), on an abandoned mine land area in

Newport Township, Luzerne County, PA where up to 40 tires will be removed and 10-12,000 pounds of illegally dumped trash, discarded furniture, construction waste, and household wastes will be removed, in partnership with Newport

Township, Newport Township Community Organization, Greater Nanticoke Area Community Garden, Newport Township

Police Department, Nanticoke Conservation Club, EPCAMR, and the Spooky Off-Road Club. 50 volunteers are expected to participate. EPCAMR will administer the grant on behalf of the NTCO.

Mehoopany Creek Watershed Association–$800 towards the purchase of lime to be placed on food plots on State

Game Lands #57, adjacent to the Mehoopany Creek, Wyoming County, PA in partnership with the Whitetails Unlimited,

PA Game Commission, who will be donating machinery to spread the lime, and EPCAMR. During rain events, lime will Luzerne County Council Voting Session February 27, 2018 AGENDA Page 66 of 100 eventually reach the stream, having already benefited the food plots, and will increase the pH of the acid mine water entering the watershed. The liming will occur in the Fall of 2016.

Luzerne Conservation District–$700 towards a pressure transducer that will be installed at the Plainsville AMD

Borehole in Plains Township, Luzerne County, PA to obtain real-time data that will allow for the Luzerne Conservation

District, Plains Township, EPCAMR, and the landowner, Mr. Greg Price, to gain a better understanding of the actual flows, chemical loadings of iron and other trace metals reaching the Susquehanna River, and to help learn more about the underground mine pool complex in that area of the Wyoming Valley. EPCAMR and the Luzerne Conservation District will be taking the lead on the monitoring of the Plainsville AMD Borehole discharge and have developed a feasibility study that they are going to be submitting for grants to perform the necessary background data collection to begin looking at AMD

Treatment options and finding ways to improve the water quality of the Susquehanna River.

EPCAMR–$500 towards the cost of hauling trash to the landfill to cover the tipping fees and for supplies to assist with the third cleanup of Centralia on September 24, 2016, led by EPCAMR Staff, former and current residents of Centralia,

Pagnotti Enterprises, Centralia Hose Company No. 1, Wicked Jeeps of Central PA, Keystone Off-Road Vehicle

Association, PEC NE Office, Keep PA Beautiful, Centraliapa.org, Joe Sapienza, II, and nearly two dozen other contributors of funds to support the annual cleanup on the abandoned mine lands, roads, and streets throughout the

Borough. 60 volunteers attended. 6 Tons of trash were collected in 3 hours.

In 2015, ARIPPA donated $5,000, ($2500 to each of the Coalitions) via the AML/AMD Reclamation Award Program, funding several projects throughout the state including:

Huntingdon County Conservation District: $750 for Limestone Dosing of Shoup’s Run.

Elk County Conservation District: $1,250 for West Creek Headwaters AML Analysis.

Allegheny Land Trust: $500 for Sign Replacement at Wingfield Pines AMD TS.

Mehoopany Creek Watershed Association: $800 for the purchase of lime sand for dosing.

Earth Conservancy: $1,200 for Askam Borehole TS Wayside Environmental Education Exhibit.

McGlynn Learning Center: $500 for 2 Build-a-Birdhouse Workshops in partnership with HOME DEPOT and with underserved youth from low-income housing complexes within the City of Wilkes-Barre to place on abandoned mine lands for wildlife habitat.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 67 of 100 In 2014, ARIPPA donated $5,000 ($2500 to each of the Coalitions), ultimately funding several projects throughout the state including:

Evergreen Conservancy: $1,250 to purchase rechargeable batteries at the Tanoma Renewable Energy AMD Treatment

System.

Altman Watershed Association for Restoring the Environment (AWARE): $1,250 for construction activities associated with an AMD treatment system built in partnership with Robindale Energy.

Babb Creek Watershed Association: $1,300 for replacement parts for the Antrim AMD Treatment System.

Mehoopany Creek Watershed Association: $500 for the purchase of lime sand for dosing.

Centralia Illegal Dump Site Cleanup: $700 for the purchase of supplies and hauling of trash.

In 2013, ARIPPA donated $5,000, ($2500 to each of the Coalitions), ultimately funding several projects throughout the state including:

Allegheny Valley Land Trust: for the construction of a system to collect sediment from a spoil pile along the Allegheny

River.

Evergreen Conservancy: to purchase and install a new water turbine at Tanoma Wetlands, a passive mine drainage treatment system at the headwaters of Crooked Creek, a tributary of the Allegheny River. Combined with a wind turbine and solar panels installed previously, the system will be aerated 24/7.

Luzerne Conservation District: $500 for the removal of heavy sedimentation and woody debris dams within the tributary and to repair severely eroded stream banks and storm water outlets flowing into Knockley’s Tributary to Solomon Creek,

Wilkes-Barre.

Mehoopany Creek Watershed Association: $1,000 for 50 Tons of limestone sand that was applied to the South Branch of Mehoopany Creek to increase the pH levels in the stream, improving the fishery habitat and water quality in the creek; historically impaired by acidity.

Plymouth Historical Society: $500 to clean up illegally dumped garbage at the historic Avondale Mine Disaster Site where EPCAMR completed several historic preservation projects in the past; located in Plymouth Township, Luzerne

County, PA.

Lackawanna River Corridor Association: $500 for a real estate appraisal on abandoned mine lands hoped to be secured to by their partner, the Lackawanna Valley Conservancy, in an effort to use for future AMD treatment of the Old

Forge AMD Borehole, on the border of Luzerne and Lackawanna County.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 68 of 100 In 2012, ARIPPA donated $10,000 ($5000 to each of the Coalitions), ultimately funding several projects throughout the state including:

Sewickley Creek Watershed Association: $2,500 for Iron sludge recovery in the Marchand AMD Treatment System.

Chestnut Ridge Chapter of Trout Unlimited: $2,500 for lime dosing.

Babb Creek Watershed Association: $1,000 offset cost of micro-hydroelectric turbines that utilize 2 billion gal/day of the

Antrim AMD to generate electricity.

Eastern Middle Anthracite Region Recovery, Inc.: $1,000 for refurbishment of hydroelectric components on the

Audenried AMD Treatment System.

Loyalsock Creek Watershed Association: $2,500 to purchase and apply limestone to continue the treatment of a large

AMD seep at WALA Lake.

Shamokin Creek Restoration Alliance: $500 to restore roadway, remove silt from pond 2, block entrances, and install signs at Carbon Run Site 42 AMD Treatment System.

In 2011, ARIPPA donated $10,000 ($5000 to each of the Coalitions), ultimately funding several projects throughout the state including:

Blackleggs Creek Watershed Association: $2,500 for the construction of a concrete pad for a lime dosing silo in the

Bear Run Treatment Complex.

Stream Restoration, Inc.: $2,500 for project costs associated with removing waste coal refuse to be used in energy production and the construction of an AMD treatment system.

Schuylkill Headwaters Association: $3,000 for the Wagner Run Restoration project to keep water in the stream channel, reducing the volume of the Pine Knot AMD discharge.

Huber Breaker Preservation Society (HBPS): $1,000 for the Huber Memorial Park pedestrian access gate project to place a gate in a wrought iron fence surrounding the property.

Eastern Middle Anthracite Region Recovery, Inc.: $1,000 for the Audenreid Micro-Hydro AMD Treatment System raw water intake project to provide reliable flow to the system.

In 2010, ARIPPA celebrated its 20th Anniversary by awarding $20,000 via the AML/AMD Reclamation Mini-grant

Program, funding several projects throughout the state including:

Clearfield Creek Watershed Association: $8,000 for Swank 13 AMD Passive Treatment.

Evergreen Conservancy: $2,000 for alternative energy development at Tanoma Wetlands. Luzerne County Council Voting Session February 27, 2018 AGENDA Page 69 of 100 Earth Conservancy: $460 to replace informational signage on the Mocanaqua Loop Trail developed on abandoned mine lands.

Schuylkill Headwaters Association: $4,770 to repair the Glendower Breech which will return a stream back to its original channel avoiding contact with coal sediment.

Eastern Middle Anthracite Region Recovery, Inc.: $4,770 for construction of a raw water intake on the Audenreid

Treatment System to increase flow to the micro-hydro turbines.

I have collaborated with many coalitions and partners, community activists, active environmentalists, conservation organizations, community and economic development organizations, educational and research interest groups, colleges and universities, multiple energy production interest groups, public utility groups, and governmental interests at all levels, to improve the quality of life for our region, here in Northeastern and NorthCentral Pennsylvania particularly, but across the Commonwealth as well. During the last 25 years, I have learned and gained an understanding of the many facets and intricacies in our Commonwealth related to our environmental issues, economic struggles, environmental science and research, as well as a great understanding and appreciation for our environmental resources and indigenous resources that we so often take for granted.

The Wyoming Valley area, where I was born and raised, is located in and adjacent to, environmental justice areas and we need to ensure that the Commonwealth is reaching out to its most vulnerable citizens. If one looks at the locations of where the environmental justice communities and areas are throughout the Commonwealth, you will find that a large majority of them are located in the coalfields of Pennsylvania, where coal-fired plants exist. These coal-fired plants are not to be confused with the Co-Generation Plants, that have more suitable clean air technology best management practices that are in use to benefit the surrounding communities that they operate in, who reclaim the former mine-scarred lands, remediate streams impacted by past mining pollution, and plant trees, vegetation, and grasses that also are positive contributions to the carbon sequestration cycle in the environment. Millions of tons of culm banks, coal refuse, and waste rock are being converted to alternative forms of electricity through the production goals of the ARIPPA plants across the

Commonwealth.

This is one area that EPCAMR feels gets overlooked by the Commonwealth. The sheer acreage of abandoned mine lands that formerly had been devoid of trees, grasses, vegetation, and often times, detrimental air quality emissions that had come from abandoned mine fires, that are now reclaimed, green, revegetated, had been previously bonded and released, are now often in a state of succession and forest ecology transition that should be given some credit towards reaching Pennsylvania’s carbon reduction.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 70 of 100 We need to bring together the collective minds that will bring creative and imaginative solutions to the table,

innovative technologies, new designs, new alternative energy systems, a balanced use of our natural and extractive

industry resources, and regional community-focused economic redevelopment opportunities related to the investment in

clean energy production, conservation by design, smart growth, low-impact designs, and smart infrastructure and

transportation systems.

EPCAMR recently supported the SENSE Act to continue to help the industry remain a valuable partner and ally in

abandoned mine reclamation across PA and an important part of our regional communities, providing jobs, economic

redevelopment opportunities, land reclamation, cleanup of our land and waterways, and alternative energy to our region.

Lastly, another energy renewable source that is dormant in Pennsylvania and needs attention and public and

private investment is the use of underground abandoned mine pool complexes of water for geothermal heat capture and

or cooling systems coupled with gas turbine generation. This could provide tremendous opportunities for institutional,

business, residential, commercial, and or industrial heating and cooling. One only has to look at what Marywood

University, Lackawanna County, PA did to install and build a geothermal heating and ventilation system into the

underground Scranton-Metro Mine Pool Complex to heat and cool some buildings in Scranton. Wind and solar sources

coupled with mine pool geothermal recovery have great potential as well and the local applications of these sources in

distributed energy systems need to be promoted and invested in. EPCAMR has done a great deal of work in mapping

these underground abandoned mine resources, mine pool complexes, regional mine pool boundaries, and worked on

many projects and research in this area and would be very interested in being a part of future projects and or facilitating

the start-up partnerships necessary to incubate private investment and businesses into our area with our waste coal

partners. Our efforts could use some infusion of grant funds to support our work as well to help reclaim additional

abandoned mine lands and restore streams impacted by abandoned mine water pollution.

Respectfully submitted,

Robert E. Hughes EPCAMR Executive Director

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 71 of 100 P a g e | 1

RESOLUTION R-2018-

A Resolution of the Luzerne County Council Urging the Passage of Reclaim (Revitalizing the Economy of Coal Communities by Levering Local Activities and Investing More Act of 2017) ACT – H.R. 1731

WHEREAS, Luzerne County Council is the legislative arm of municipal government in Northeastern Pennsylvania, duly elected to represent the residents of Luzerne County, Pennsylvania; and

WHEREAS, Luzerne County residents share the responsibility of supporting government at the local, state, and federal levels; and

WHEREAS, substantial coal mining has occurred in Pennsylvania for more than 140 years, and the industry has been a significant employer of our citizens for most of these years; and

WHEREAS, Pennsylvania is #1 in the nation with the most abandoned coal mined lands and streams; and

WHEREAS, abandoned mines pose hazards in Pennsylvania of dangerous shafts, mountains of black waste, scarred landscapes, acidic drainages polluting more than 5,500 miles of our streams and other hazards threatening human health and safety and depressing local economies; and

WHEREAS, at least 44 of Pennsylvania’s 67 counties are affected by abandoned coal mines; and

WHEREAS, at least 1.4 million Pennsylvanians live within one mile of abandoned mine lands; and

WHEREAS, abandoned mines and abandoned mine lands create negative impacts on local economies by hampering recreational opportunities, lowering land values, leaving communities desolate once the mines are exhausted and ruining sites for further residential, forestry, commercial or agricultural uses, and threatening the human health and safety of people living in our coal field communities; and

WHEREAS, reclamation of abandoned mine sites can add to the economy by creating jobs, increasing community pride, increasing property values, decreasing stress-related costs through stream-based recreation, restoring the health of the environment and providing future sites for commercial or industrial endeavors; and

Official Resolution January 2018 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 72 of 100 P a g e | 2

WHEREAS, Congress established the Abandoned Mine Reclamation Fund under Title IV of the Surface Mining Control and Reclamation Act of 1977 to reclaim areas abandoned before 1977 and the modern environmental standards requiring mine operators to reclaim their sites; and

WHEREAS, the Surface Mining Control and Reclamation Act of 1977 assessed a per ton fee on coal operators to provide a source of revenue for the Abandoned Mine Reclamation Fund to help finance the reclamation and remediation of lands mined prior to 1977; and

WHEREAS, the scope of the abandoned mine problem continues to far outpace available resources, and the AML Fund has been impacted by sequestration, meaning less restoration money is being distributed to the states and tribes; and

WHEREAS, the AML Fund fee collection is set to expire in 2021 if it is not reauthorized; and

WHEREAS, Pennsylvania has relied upon the Abandoned Mine Reclamation Fund as a primary source of money to clean up toxic mine pollution in our water supplies, restore impaired lands, extinguish mine fires and eliminate other dangerous abandoned mine hazards; and

WHEREAS, the RECLAIM Act (H.R. 1731) releases unspent funds within the AML Fund to compensate for reduced funding caused by sequestration to spur job creation, improve economic conditions, and facilitate restoration; and

WHEREAS, Pennsylvania would receive $253 million over the next 5 years to accelerate the creation of new jobs to clean up impacted lands and streams if the RECLAIM Act becomes law.

NOW THEREFORE BE IT RESOLVED, the Luzerne County Council urges the United States Congress to pass the RECLAIM Act (H.R. 1731), which will enable us to restore our mining-impacted lands and streams, assist with job creation, and ensure a more vibrant future economy for our coal impacted communities.

The Effective Date of this Resolution shall be six (6) days after adoption.

ADOPTED by Luzerne County Council at a meeting held on February , 2018.

ROLL CALL VOTE ( )

YES NO

Official Resolution January 2018 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 73 of 100 P a g e | 3

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

Official Resolution January 2018 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 74 of 100 AGENDA SUBMITTAL TO LUZERNE COUNTY COUNCIL

ITEM TITLE COUNCIL MEETING AGENDA Approve a resolution authorizing the County DATE NUMBER Manager to execute a lease agreement between Voting Session Greater Hazleton Senior Citizens Services, Inc. and the Luzerne/Wyoming Counties Area Agency on Aging, to be used as an Active Adult center by the Luzerne/Wyoming Counties Area Agency on Aging for the period January 1, 2018 through December 31, 2019 at a monthly lease payment of $3,472.92 for a total of $41,675 for the term of the lease.

Dept: Luzerne/Wyoming Area Agency On Aging Contact: Robin Muth, Administrative Director Phone: 570-822-1158 x 2355

DEPARTMENTAL RECOMMENDATION:

The Luzerne/Wyoming Area Agency on Aging (AAA) recommends Council approve a Resolution (Attachment A) authorizing the County Manager to execute the attached lease renewal agreement (Attachment B) with Greater Hazleton Senior Citizens Services, Inc. for the property at 24 East Broad Street, Hazleton, PA, to be used as an Active Adult Center by the AAA for the period January 1, 2018 through December 31, 2019. The monthly lease payment will be $3,472.92 for a total of $41,675 for the term of the lease.

SUMMARY:

Active Adult Centers are a mandated service under the Older Americans Act, as amended, at Section 321, clarified and regulated through Aging Program Directive 96-04-01.

The Hazleton Active Adult Center occupies its current location under a lease originated during State Fiscal Year 2011/2012. The lease was structured as a two year lease agreement. The most recent renewal period began January 1, 2016 with the final period expiring on December 31, 2017. The AAA wishes to continue leasing the existing property for the period January 1, 2018 through December 31, 2019 to provide a range of services and support to the area’s older adult population.

FINANCING:

Execution of this lease agreement will have no effect on the General Fund as the AAA receives no matching money from Luzerne County. The lease is paid out of Pennsylvania Department of Aging Block Grant Funds. The monthly lease payment is $3,472.92, or $41,675 per annum, at a cost of $ 6.41 per square foot. The total cost for the term of the lease is $41,675.

The Center occupies 6,500 square feet of space.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 75 of 100 Luzerne County Council Agenda Submittal Greater Hazleton Active Adult Center Lease Date: January 8, 2018 Page 2

DISCUSSION:

The AAA provides Active Adult Centers in accessible locations throughout both counties. Luzerne County is served by 17 Active Adult Centers. Five full time centers are open for 7 to 7.5 hours per day and 12 part-time centers are open for 4 to 5 hours per day. The Active Adult Center in Hazleton is a full- time site.

The Center provides activities and hot meals to an average of 40-60 older adults each day. According to the Pennsylvania Department of Aging, an Active Adult Center provides both meals and services to the older consumer, provides outreach to the community and offers preventative programs which can delay the aging process.

ALTERNATIVES:

The Council could choose not to adopt the resolution. This is not recommended as the Greater Hazleton area will lose its Active Adult Center, immediately displacing 40-60 seniors who rely on the Center not only for meals, but also for programs and services offered there.

The Council could chose to direct the Agency to renegotiate the lease. This is not recommended as few suitable properties in the Greater Hazleton area are as accessible to older adults. By comparison, the other full-time Active Adult Center sites range from 1,304 to 4,437 square feet at costs ranging from a nominal fee at housing authority sites to $13.95 per square feet elsewhere.

OTHER AGENCY INVOLVEMENT:

The Office of Law has reviewed the proposed lease agreement.

ATTACHMENTS:

ATTACHMENT A: Resolution…………………………………………………………………….Page 3 ATTACHMENT B: Proposed Lease Renewal……………………………………………....Pages 4-5

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 76 of 100 RESOLUTION R-2018-_____ LUZERNE COUNTY COUNCIL

A Resolution of the Luzerne County Council Authorizing the County Manager to Execute a Lease Agreement Between Luzerne/Wyoming Counties Area Agency on Aging and Greater Hazleton Senior Citizens Services, Inc. for the Hazleton Active Adult Center.

WHEREAS, Luzerne County Council has authority to approve of all leases concerning real property; and

WHEREAS, the Area Agency on Aging has been leasing space for the Hazleton Active Adult Center from Greater Hazleton Senior Citizens Services, Inc.; and

WHEREAS, both parties would like to extend this lease until December 31, 2019; and

WHEREAS, the monthly rental cost for the total space will be $3,472.92;

NOW, THEREFORE, BE IT RESOLVED, the Luzerne County Council authorizes the County Manager to execute the Lease Agreement between Greater Hazleton Senior Citizens Services, Inc. and the Luzerne/ Wyoming Counties Area Agency on Aging.

This Resolution shall become effective 6 days after adoption.

ADOPTED at a meeting of Luzerne County Council held on ______, 2018.

LUZERNE COUNTY COUNCIL

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

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 77 of 100 LEASE AGREEMENT

Article 1. Parties

THIS LEASE AGREEMENT, entered into this __1__ day of January, 2018, between GREATER HAZLETON SENIOR CITIZENS SERVICES, INC., a Pennsylvania nonprofit corporation, whose address is 24 East Broad Street, Hazleton, Luzerne County, Pennsylvania, (hereinafter called "LESSOR") and, whose address is 111 N. Pennsylvania Boulevard, Wilkes-Barre, Pennsylvania (“Lessee AREA AGENCY ON AGING LUZERNE/WYOMING COUNTIES”), (hereinafter called "LESSEE").

RECITALS

WHEREAS, LESSOR is the owner of the building located at 24 East Broad Street, Hazleton, Luzerne County, Pennsylvania (the “Building”) and desires to rent to LESSEE 6,500 square feet of rentable space located on the ground level of the Building together with the use of all tables, chairs, shelves, kitchen equipment, office desks, computers, décor, copy machine, and fax machine at the premises (collectively, the “Leased Premises” or the “Premises”), for the exclusive use by LESSEE and;

WHEREAS, LESSEE desires to rent same;

NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do agree as follows:

Article 2. Demise, Description, Use and Premises

LESSOR hereby leases to LESSEE, who hereby leases from LESSOR, the Premises for the term of two (2) years commencing as set forth in Article 3 herein and continuing until terminated as provided herein for the minimum annual rentals as set forth in Article 4 hereof.

Article 3. Terms and Use

The term of this Lease commences on January 1, 2018 (the “Commencement Date”) and shall terminate on December 31, 2019 unless terminated earlier pursuant to this Lease (the “Term”). LESSEE will have the right to terminate this Lease without the payment of a penalty prior to the end of the Term upon thirty (30) days written notice to LESSOR.

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 78 of 1001 Article 4. Rental

LESSEE agrees to pay LESSOR at such place as the LESSOR shall designate from time to time, in writing, as rent for the Leased Premises, the annual sum of FORTY ONE THOUSAND SIX HUNDRED AND SEVENTY FIVE DOLLARS AND ZERO CENTS ($41,675.00), for each year of the Term. The rent provided for herein shall be paid in monthly installments of THREE THOUSAND FOUR HUNDRED AND SEVETY TWO DOLLARS AND NINETY TWO CENTS ($3,472.92) payable in advance on the first (1st) day of each and every month. Should the LESSEE terminate the lease in the middle of any month, the rent for said month shall be prorated on a daily basis using a thirty (30) day month.

Article 5. Tenant Maintenance

LESSEE shall be responsible for all costs associated with communications, telephone and television service, if applicable, to the Premises. These assignments of costs apply only to service authorized and ordered by the LESSEE to the entity providing the service. LESSOR shall not be responsible for any of these charges but shall also not claim any expenditures for reimbursement associated with these services from the LESSEE.

Article 6. Taxes

LESSOR shall be responsible for all real estate taxes associated with the Premises.

Article 7. Insurance

LESSOR and LESSEE at their respective cost and expense, shall carry general public liability insurance, naming the other party as an additional insured, in the amount of at least Two Million and 00/100 DOLLARS ($2,000,000.00), and not less than One Hundred Thousand and 00/100 ($100,000.00) DOLLARS for damage to property. Each party shall, prior to delivery of possession, deliver to each other a certificate of the insurance company (or an acceptable substitute) issuing such insurance evidencing such coverage, which shall contain a statement to the effect that such coverage may not be cancelled without at least thirty (30) days prior written notice to the other party. Such insurance shall in addition cover any loss or damage occurring as a result of any alterations or improvements or additions made by LESSEE. If either party shall fail to insure as herein required or shall fail promptly to furnish to each other satisfactory evidence of such insurance or of the renewal thereof before its expiration, the other party may from time to time obtain such insurance for its benefit, the cost of which shall be recoverable from the opposite party on demand.

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 79 of 1002 LESSOR will carry at its sole expense liability and property damage; fire (extended coverage), boiler, and vandalism insurance for exterior and common areas of the Building, in addition to insurance on glass door and window damage. The LESSOR’S insurance will cover the LESSOR’S contents within the structure. All of LESSOR’S insurance policies applicable in any way to the Building or LESSOR’S property therein will contain waivers of any right of subrogation against LESSEE.

LESSEE shall provide insurance at its own expense for its own contents located upon the Premises.

Article 8. Alterations and Surrender of Premises

LESSEE covenants and agrees that it will not make any structural change(s) without the LESSOR’S written consent, which shall not be unreasonably withheld, and without first providing LESSOR with at least ten (10) days written notice of the proposed change(s) outlining the change(s) in detail. The LESSEE further covenants that it will not proceed with said change(s) until written approval is received from the LESSOR or at least ten (10) days have elapsed since the LESSOR was notified of the proposed change(s). LESSEE will not in any manner deface or injure the Premises or any part thereof, and will return the premises promptly to the LESSOR upon termination of this lease. LESSOR, if changes have been approved, shall accept the Premises, with the approved changes, in as good condition as the same are now in, including the changes made over the term of this lease, loss by fire or other hazard and by ordinary wear and tear excepted.

Article 9. Fixtures and Personal Property

Any trade fixtures, equipment and other property installed in or attached to the Premises by or at the expense of the LESSEE shall remain the property of the LESSEE and the LESSOR agrees that the LESSEE shall have the exclusive right at any time and from time to time to remove any and all of its trade fixtures, equipment and other property which it may have stored upon or affixed to the Premises; provided, however, that in the event of such removal, LESSEE shall restore the premises to substantially the same condition in which the premises were at the time LESSEE took possession, loss by fire or other hazard and by ordinary wear and tear excepted.

Article 10. Utilities

LESSOR agrees to supply to the Building and/or Leased Premises in reasonable amounts, during customary business hours and any extended business hours approved in accordance herewith, electricity, water, heat, air conditioning, subject to the provisions of this Section and LESSEE shall reimburse LESSOR for LESSEE’S utility usage on a monthly basis; provided, however, that LESSEE may, at

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 80 of 1003 its option, directly contract and pay for LESSEE’S telephone service, internet service, utilities used or consumed by LESSEE in the Premises and for the contract with a private garbage hauler.

Article 11. Services/Operating Expenses

LESSOR agrees to make all necessary repairs to the interior and exterior of the Leased Premises and to keep said premises in good condition and repair. Notwithstanding any other provision in this Lease Agreement, LESSEE shall not be responsible for any damage, destruction or loss of the Building from any sudden, unexpected, and unusual event such as a flood, waterline break, hurricane, tornado, fire, earthquake or volcanic eruption (“casualty loss”) irrespective of whether or not LESSOR actually carries any insurance, recovers under any insurance, or self- insures the loss or damage. LESSOR shall maintain the Building and keep it in good condition including but not limited to the heating, ventilating, air-conditioning and electrical equipment which are reasonably necessary to keep the Leased Premises tenantable for LESSEE’S intended use. All work performed will be completed during customary working hours. LESSOR will provide the LESSEE with a designated person to contact for any maintenance repairs or issues at the Premises. LESSOR hereby agrees to pay any and all charges made by any public or private entity for the following services:

 Hazardous Waste Disposal (if applicable)  Complete building maintenance  Fire alarm service  Smoke alarm service  HVAC service  All permits, inspections, certifications and application fees necessary for the legal and/or safe operation of the Premises

Article 12. Assignment and Subletting

If the LESSEE is acquired by another agency, LESSOR agrees that LESSEE has the right to assign all its obligations under this Lease and/or to sublet the Premises, or any part thereof; provided, however, that any such assignment or sublet must be approved by LESSOR, which approval shall not be unreasonably withheld, conditioned or delayed.

Article 13. Lessor’s Default

If LESSOR defaults in the performance of any term, covenant, or condition required to be performed by it under this LEASE, LESSEE may elect either one of the following:

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 81 of 1004 (a) After not less than ten (10) days notice to LESSOR, LESSEE may remedy such default by any necessary action and may pay expenses in connection with such remedy. All reasonable sums so expended (excluding attorney fees) or obligations incurred by LESSEE in connection therewith shall be paid by LESSOR to LESSEE on demand; and, on failure of such reimbursement, LESSEE may, in addition to any other right or remedy that LESSEE may have, deduct the costs and expenses thereof from rent subsequently becoming due hereunder; or

(b) Elect to terminate this Agreement by giving at least ten (10) days notice to LESSOR of such intention, thereby terminating this Agreement on the date designated in such notice, unless LESSOR shall have cured such default prior to the expiration of the ten (10) day period. Article 14. Lessee’s Default

(a) The occurrence of any one or more of the following events shall constitute a “Default” by LESSEE and shall give rise to LESSOR’S remedies set forth below:

(i) Defaults in payment of rentals or other charges payable to LESSOR hereunder for a period of ten (10) days after such become due; or

(ii) Is in default in the observance and performance of any other term or condition herein and such default is not cured within thirty (30) days after written notice from LESSOR.

(b) then, LESSOR may at its option either:

(i) Enter and repossess the Leased Premises and remove all persons and property therefrom (and for the purpose of such entry and repossession, LESSEE hereby waives any notice required by law or otherwise to vacate the Leased Premises), and thereupon this Lease and everything herein contained on LESSOR’S behalf to be performed will cease, terminate, and be void; or

(ii) As an agent of LESSEE, enter and repossess the Leased Premises and remove all persons and property therefrom and relet the Leased Premises and apply the rentals received to the amount due from LESSEE under this Lease and LESSEE in such event will remain liable for the installments for rent and other charges as they become due, less the amount of any rents so collected by LESSOR.

Article 15. Option to Renew

LESSEE shall have the option, exercisable at its sole discretion, to extend the term for up to two (2) additional two (2) year periods upon thirty (30) days advance written notice to LESSOR. The Rent for the first two (2) year option period, if any,

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 82 of 1005 shall be the annual sum of FORTY THREE THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($43,760.00), payable in monthly installments of THREE THOUSAND SIX HUNDRED FORTY SIX AND 67/100 DOLLARS ($3,646.67) payable in advance on the first (1st) day of each and every month. The Rent for the second two (2) year option period, if any, shall be the annual sum of FORTY FIVE THOUSAND NINE HUNDRED FORTY EIGHT DOLLARS ($45,948.00), payable in monthly installments of THREE THOUSAND EIGHT HUNDRED TWENTY NINE DOLLARS ($3,829.00) payable in advance on the first (1st) day of each and every month. Should the LESSEE terminate the lease in the middle of any month, the rent for said month shall be prorated on a daily basis using a thirty (30) day month.

Article 16. Quiet Enjoyment

So long as LESSEE shall perform and observe all of the conditions of this lease on LESSEE’S part to be performed and observed, the LESSEE shall have quiet, peaceful, and uninterrupted possession of the Premises.

Article 17. Most Favorable Conditions

LESSOR agrees that should any more favorable conditions be included in any other leases entered into between LESSOR and any other tenant within the property limits, during the life of this lease, pertaining particularly to the rate of rentable square foot, or to other conditions in general, these same conditions are made a part of this lease.

Article 18. Notices

All notices provided or permitted to be given under this Agreement shall be given by certified or registered mail, addressed to the proper party, at the following address:

If to LESSOR:

LESSOR

Greater Hazleton Senior Citizens Services, Inc. 24 East Broad Street Hazleton, PA 18201

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 83 of 1006 LESSEE

Luzerne County Luzerne County Court House Attn: Luzerne County Manager 200 N. River Street Wilkes-Barre, PA 18711

With a copy to:

Area Agency on Aging Luzerne/Wyoming Counties 111 N. Pennsylvania Boulevard Wilkes-Barre, PA 18701

Article 19. Indemnification

LESSOR agrees to indemnify and hold LESSEE harmless from and against all claims, damages, loss, cost and expense, including reasonable attorney fees, arising out of the negligence or willful misconduct of LESSOR, its agents or employees, in or about the Leased Premises and/or the Building.

Article 20. Obligations of Successors

The LESSOR and LESSEE agree that all the provisions, hereof, shall bind and inure to the benefit of both parties, hereto, their respective heirs, legal representatives, successors and assigns.

Article 21. Captions

The captions throughout this lease are inserted as a matter of convenience, only, and in no way confine, limit, or describe the scope of the intent of any Article of this lease.

Article 22. Renovations Intentionally Omitted.

Article 23. Parking Easement

Throughout the term of this Lease, including any extensions or renewals of the Lease, LESSEE’S agents, employees, suppliers, invitees, guests, customers and clients have the right to use the parking lot for vehicular parking and ingress to and egress from the leased Premises. This right constitutes an exclusive easement during the term of this Lease.

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 84 of 1007 Article 24. Lessor’s Covenants

LESSOR hereby agrees and shall during the term (or any extended term) of this LEASE do or perform the following:

1. Furnish sufficient light to the exterior of the building and to the adjacent parking lot. 2. Provide LESSEE with a sufficient number of keys to the outer doors of the building. 3. Place LESSEE in quiet possession of the leased premises and shall secure LESSEE in the quiet enjoyment thereof against all persons lawfully claiming the same during the entire lease term and any extensions thereof. 4. Be liable and responsible for any and all service and operating costs, maintenance and repairs as set forth in Article 11 of this Lease. 5. Be liable and responsible for any and all utility costs as set forth in Article 10 of this Lease. 6. Provide parking as set for in Article 24 of this lease in accordance with this lease and all federal, state and local laws and ordinances having jurisdiction. 7. Indemnify and save harmless LESSEE from and against any and all matters, claims, damages, losses, costs and charges whatsoever occasioned to or suffered by or imposed upon LESSEE or its property (either directly or indirectly in respect to any matter or thing in consequence of or in connection with or arising out of LESSOR'S property and/or any use by others of the property).

Article 25. Lessee’s Covenants

LESSEE hereby agrees that it shall, during the term (or any extended term or renewal) of this LEASE, not commit any waste on the Leased Premises.

Article 26. Destruction of Premises

In the event of the total destruction of the building, this LEASE shall terminate on the date when destruction occurs, and the rent shall be abated, without notice or request from LESSEE, for the unexpired portion of this lease.

"Total Destruction" shall mean such damage to the building of which the leased premises is a part as cannot be repaired within thirty (30) days of the date of the destruction. The Certificate of the LESSOR'S Architect or Engineer as to the length of time within which the LESSOR could repair, subject to the approval of the Luzerne County Engineer, is conclusive and binding upon both the LESSOR and the LESSEE for the purpose hereof.

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 85 of 1008 In the event of the partial destruction of the building then if, in the opinion of the LESSOR'S Architect, subject to the approval of the Luzerne County Engineer, the destruction is such that the leased premises cannot be used for the LESSEE'S business until repairs have been made, the rent shall abate in the proportion that the part of the leased premises rendered unusable bears to the whole of the leased premises, at the sole discretion of Luzerne County, until the repair has been made.

"Partial Destruction" shall mean any damage to the building which renders all or any part of such building unfit for use by its occupants for a period up to thirty (30) days, but which damage is less than "total destruction" as defined above. The Certificate of the LESSOR'S Architect, subject to the approval of the Luzerne County Engineer, as to the extent of the unfitness shall be conclusive and binding upon both LESSOR and LESSEE for the purpose hereof.

In the event of partial destruction as hereinbefore defined, or of damage less than partial destruction, the LESSOR covenants with the LESSEE to repair and substantially restore the leased premises. The LESSOR shall pay for the cost of such repairs and restoration provided however, that the LESSEE shall pay for such portion thereof as is attributable to its negligence or that of its servants or agents. It is expressly understood and agreed that the obligation of the LESSOR to rebuild and restore or cause to be rebuilt and restored the leased premises shall not extend to or be deemed to include the rebuilding and restoration of any alterations, partitions, additions, extensions, equipment or installations made by the LESSEE upon the leasehold premises, unless the damage thereto shall have been caused by the LESSOR, its agents and/or employees. LESSOR covenants to LESSEE that LESSOR will not move or remove any of the LESSEE’S possessions until approval is granted by the LESSEE in writing, which shall not be unreasonably withheld.

All partial or total destruction notices must be received in writing by LESSOR to LESSEE within 24 hours of the loss. Failure to notify will be immediate cause for termination of this lease by LESSEE without further obligation to LESSOR.

Article 27. Eminent Domain

If at any time during the term (or any extended or renewed term) of this LEASE, title is taken by the right or exercise of condemnation, expropriation or otherwise to the whole or portion of the building of which the leased premises are a part (whether or not including the leased premises), the LESSOR may, at its option, give notice to the LESSEE terminating this LEASE on the date stated in the notice. Upon such termination, the LESSEE shall immediately surrender the leased premises and all its interests therein to the LESSOR (subject to the time allowed by federal or state law prescribed by the agency enforcing the eminent domain action), or to the expropriating authority, as the law and circumstances may require, and the rent shall abate and be apportioned to the date of the termination and the LESSEE shall forthwith pay to the LESSOR the apportioned rent and all other amounts which

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 86 of 1009 may be due to the LESSOR up to the date of termination. The LESSEE shall have no claim upon the LESSOR for the value of the unexpired term of this LEASE, but the parties shall each be entitled to receive and retain such compensation as may be awarded to each respectively. If an award for compensation made to the LESSOR specifically includes an award for the LESSEE, the LESSOR will pay over same to the LESSEE within five (5) days of receipt of said funds.

Article 28. Pennsylvania Law to Apply

This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania and all obligations of the parties created hereunder are performable in Luzerne County, Pennsylvania, and any suit arising hereunder shall be brought only in said County.

Article 29. Legal Construction

In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof and this Lease shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

Article 30. Brokerage

The parties represent and warrant that they have dealt directly with one another so as not to give rise to any valid claim for brokerage commission.

Article 31. Amendment

No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and be duly executed by the parties hereto.

Article 32. Lessor use of Premises

LESSOR will maintain a secure area at the Premises reasonably agreeable to LESSEE to hold LESSOR’S files/records, to conduct LESSOR’S Board meetings and to conduct LESSOR’S administrative duties regarding the Premises. LESSOR shall use the secure area only at times reasonably agreeable to LESSEE and LESSOR’S use of such area shall not materially interfere with Lessee’s use of the Premises.

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 87 of 10010 Article 33. Waiver of Default

No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Lease shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein.

Article 34. Excuses

Neither LESSOR nor LESSEE shall be required to perform any term, condition, or covenant in this Lease so long as such performance is delayed or prevented by any acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods, or any other cause not reasonably within the control of the parties.

Article 35. Time of Essence

Time is of the essence of this Agreement.

Article 36. Weapons Policy

The LESSOR and LESSEE have agreed to a weapons policy as attached to this agreement.

Article 37. Small Games of Chance License

The LESSOR and LESSEE have agreed that the LESSOR will hold a small games of Chance License and LESSEE will manage the use of the License per their fiscal policy as agreed upon by the LESSOR.

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 88 of 10011 Article 38. Binding of Successors

This Agreement shall be binding on and shall inure to the benefit of Successors and Assigns of the parties hereto.

IN WITNESS WHEREOF, LESSOR has caused this Lease to be signed by its duly authorized officer, and LESSEE has signed the same or caused the same to be signed by its duly authorized officer, agent, or partner (whichever is applicable), as of the day and year first above written.

GREATER HAZLETON SENIOR CITIZENS SERVICES, INC.

______By: Attest Name: Dominic J. Yannuzzi Title: President

LUZERNE COUNTY, PENNSYLVANIA:

______Attest David Pedri, Esquire, County Manager

Luzerne AAA Hazleton County Lease Agreement Council 1-2018 Voting Session February 27, 2018 AGENDA Page 89 of 10012 Greater Hazleton Senior Citizens Services, Inc. WEAPONS POLICY

The Greater Hazleton Senior Citizens Services, Inc. believes it is important to establish a clear policy that addresses weapons on our premises, 24 East Broad Street, Hazleton, PA. All persons who enter the premises are strictly prohibited from carrying therein a handgun, firearms, explosives, knives or other weapons of any kind that might be considered dangerous or that could cause harm regardless of whether the person is licensed to carry the weapon or not.

The only exception to this policy will be police officers, security guards or other law enforcement officials who by law may carry a weapon on the premises.

Anyone disregarding this policy will be denied entry to the premises and may also face disciplinary action and/or criminal prosecution.

Board of Directors

Lessee should make all visitors to the property aware of the Weapons Policy by posting the policy in a visible location.

Lessee should immediately inform Lessor when any party breaches this Addendum.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 90 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 91 of 100 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 92 of 100 RESOLUTION R-2018-___ LUZERNE COUNTY COUNCIL

A Resolution by the Luzerne County Council Appointing a Member to a Work Group Related to the Proposed Plains Twp. TIF

WHEREAS, the Redevelopment Authority of Luzerne County (“Redevelopment Authority”) is considering a request to create a Tax Increment Financing (“TIF”) District for the former 61-acre Valley Crest Nursing Home in Plains Twp.; and

WHEREAS, by letter dated January 23, 2018, the Redevelopment Authority invited Luzerne County Council to appoint one representative to work with the Redevelopment Authority and the other affected taxing bodies in the development of a TIF Plan; and

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

WHEREAS, County Council wishes to appoint a representative to work with the Redevelopment Authority, Plains Twp. and the Wilkes-Barre Area School District in the development of a TIF Plan for the afore-mentioned site.

BE IT RESOLVED, County Council appoints ______as its representative to work with the Redevelopment Authority, Plains Twp. and the Wilkes-Barre Area School District in the development of a TIF Plan for the afore-mentioned site with such appointment to become effective immediately and continuing throughout the course of the project or until the appointment is declared vacant by County Council pursuant to Section 11.06 of the Charter.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of the Luzerne County Council held on February 27, 2018.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 93 of 100 LUZERNE COUNTY COUNCIL

Roll Call Vote ( - ) YES: NO:

By: Tim McGinley, Chair Attest: Sharon Lawrence Clerk to Council By:______C. David Pedri, County Manager

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 94 of 100 RESOLUTION R-2018-___ LUZERNE COUNTY COUNCIL

A Resolution By the Luzerne County Council Appointing a Member to the Luzerne County Housing Authority

WHEREAS, Section 8.03(A) of the Luzerne County Home Rule Charter (the “Charter”) provides that except as may otherwise be provided for in the Charter, the Administrative Code, or applicable law, all members of County Authorities shall be appointed by resolution of County Council adopted by an affirmative vote of at least a majority of its current members; and

WHEREAS, there exists a vacancy on the Luzerne County Housing Authority due to the expiration of the term of a resident member; and

WHEREAS, County Council wishes to appoint ______, a resident member, to a 5-year term expiring date of 12/31/2022, consistent with Section 8.03 of the Charter and Municipal Authorities Act.

BE IT RESOLVED, the County Council appoints ______to the Luzerne County Housing Authority with such appointment to remain effective until 12/31/2022, or until the appointment is declared vacant by County Council pursuant to Section 11.06 of the Charter.

This Resolution shall become effective upon adoption.

ADOPTED at a meeting of the Luzerne County Council held on February , 2018.

LUZERNE COUNTY COUNCIL

By: Tim McGinley, Chair Attest: Sharon Lawrence Clerk to Council By:______C. David Pedri, County Manager

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 95 of 100 Lawrence, Sharon

From: Michele Stanitis Sent: Wednesday, February 14, 2018 11:14 AM To: Lawrence, Sharon Subject: RE: Luzerne County Housing Authority Board Attachments: NOTICE TO RESIDENTS-RESIDENT TO BOARD.docx

Hi Sharon!

Please see the attached notice posted in all our buildings.

Thanks, Michele Luzerne County Housing Authority 250 First Avenue Kingston, PA 18704

1 Luzerne County Council Voting Session February 27, 2018 AGENDA Page 96 of 100 NOTICE TO RESIDENTS HOUSING AUTHORITY OF THE COUNTY OF LUZERNE

Dear Resident:

Federal law requires a tenant be appointed to the Board of the Luzerne County Housing Authority to a 5-year term. There is currently an opening for a resident on our Board. If you are interested follow the directions below to apply.

Completed applications should be submitted to Sharon Lawrence, Clerk of Council, Luzerne County Courthouse, 200 North River Street, Wilkes-Barre, PA 18711 or emailed to [email protected], in order to be considered for appointment. All who submit applications will be contacted for an interview.

Please contact Sharon Lawrence, Clerk of Council at 570-825-1634 or email: [email protected], with any questions regarding the application or the appointment procedure.

County Council expects to take action on Tuesday February 27, 2018. If you wish to apply you should submit before that date.

Luzerne County Council Voting Session February 27, 2018 AGENDA Page 97 of 100 Updated February 22, 2018

ABC ELIGIBILITY LIST and 2018 BOARD OPENINGS Those listed below have completed the application process for consideration for appointment to the listed County Authority, Board, or Commission, including participation in an interview. Current openings are listed in (parenthesis).

ACE COMMISSION (1 open Republican)

AGING (1 open)

AGRICULTURE BOARD (2 open – FARMER positions only)

BLIGHTED PROPERTY REVIEW COMMITTEE DeAngelo, Neal

CHILDREN & YOUTH (8 open)

CONSERVATION DISTRICT

CONVENTION CENTER Bonick, Joseph Cotter, Joseph DeAngelo, Neal Kaiser, Rodney Milanes, Alexander Palermo, David Payne, Barry Reino, James Scott, Deborah Yakus, Amanda

DRUG & ALCOHOL DeAngelo, Neal

ELECTIONS BOARD (1 open - Republican)

FORTY FORT AIRPORT (6 open)

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Luzerne County Council Voting Session February 27, 2018 AGENDA Page 98 of 100 Updated February 22, 2018

FLOOD PROTECTION AUTHORITY Cotrone, Vincent Lawson, Thomas Mirabito, Molly Hanlon

HOUSING AUTHORITY (1 open – resident position) Moss, Keith Sax, Robert Scott, Deborah Wanyo, Robert (resident) Yendrzeiwski, Alan

INDUSTRIAL DEVELOPMENT AUTHORITY DeAngelo, Neal

LUZERNE COUNTY COMMUNITY COLLEGE Bryan, John DeAngelo, Neal Evanoski, Holly Kaiser, Rodney Kramer, Richard Menghini, Jared Williams, Barry

LUZERNE COUNTY TRANSPORTATION AUTHORITY Boerger, Rebecca Chepalonis, Robert Grimes, Thomas Robbins, Sean Scott, Deborah

MENTAL HEALTH/DEVELOPMENTAL SERVICES (5 open)

NEPA HEALTH & HIGHER EDUCATION AUTHORITY

PLANNING COMMISSION Fleisher, Karen Kramer, Richard

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Luzerne County Council Voting Session February 27, 2018 AGENDA Page 99 of 100 Updated February 22, 2018

REDEVELOPMENT AUTHORITY Cotter, Joseph DeAngelo, Neal Kaiser, Rodney Pascoe, David

RECREATIONAL FACILITIES ADVISORY BOARD (1 open)

TAX ASSESSMENT APPEALS BOARD

TOURISM AGENCY Yakus, Amanda

WORKFORCE INVESTMENT BOARD

ZONING BOARD

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Luzerne County Council Voting Session February 27, 2018 AGENDA Page 100 of 100