BUCKS COUNTY COMMISSIONERS

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1 BUCKS COUNTY COMMISSIONERS November 20, 2013 The Regular Meeting of the Bucks County Board of Commissioners was held on Wednesday, November 20, 2013, at 10:00 am, at the Bucks County Courthouse, 55 E. Court Street, Doylestown, Pennsylvania. In attendance were Commissioner Robert G. Loughery, Chairman; Commissioner Charles H. Martin, Vice Chairman; and Commissioner Diane M. Ellis-Marseglia. Chairman Loughery opened the meeting with a moment of silence, followed by the Pledge of Allegiance. INTRODUCTIONS Chairman Loughery recognized county row officers who were present: Mary Smithson, Clerk of Courts; Ray McHugh, Controller, and William Snyder, Treasurer. PROCLAMATIONS The Commissioners proclaimed November, 2013, as EPILEPSY AWARENESS MONTH throughout the County of Bucks, and in so doing, encouraged Bucks County residents to support awareness about epilepsy through research into early detection, causes, and effective treatments. It is vital to help those with epilepsy not lose another moment to seizures. Accepting the proclamation was Susan Bolno from Epilepsy Foundation Eastern Pennsylvania, who thanked the Commissioners for recognizing Epilepsy Awareness Month. She shared some information about epilepsy and the Foundation, and offered training for any interested groups. The Commissioners recognized Alexa Gutter as the 2013 BUCKS COUNTY POET LAUREATE and in so doing, commended her efforts and leadership in conveying the beauty of poetry to both readers and the wider community. They encouraged all Bucks Countians to look to her poetry for insight and inspiration. Ms. Gutter expressed her thanks to the Commissioners and recited her poem, Traveling to a New Job. PRESENTATIONS Bernie Maopolski from One Point Promotions gave a presentation about the Bucks County Opoly fundraising project to raise funds for HealthLink Medical Center. He thanked the Commissioners, as well as Chris Edwards and Theresa DeSantis from Public Information, and said it was a labor of love to make this game. Mae O Brien, Executive Director of HealthLink, spoke briefly about the medical center and thanked the Commissioners and First Federal of Bucks County. John Spagnola, from PFM Advisors, presented the Commissioners with a check for $57, This represented a rebate from the purchases made by the County with the PLGIT (Pennsylvania Local Government Investment Trust) procurement card. Chairman Loughery clarified this is used for purchases already in the budget and he thanked Controller Ray McHugh for setting it up. PUBLIC COMMENT Agenda Items d & g. Andy Warren, former Commissioner from Middletown wnship, had questions on agenda items 8a, and 9a, OLD BUSINESS Upon motion of Commissioner Marseglia, seconded by Commissioner Martin, with the vote being 3-0, the minutes of the regular meeting of November 6, 2013 were approved. Upon motion of Commissioner Martin, seconded by Chairman Loughery, with the vote being 2-1 due to Commissioner Marseglia opposing, item 10g from the November 6, 2013 meeting, was UNTABLED and added to this Resolution as item 9l. DISCUSSION Agenda Items Chairman Loughery read through the agenda, addressing questions and comments. Item 1a Richard Harvey, of the Agricultural Land Preservation Program, presented information on the County s portion of a acre agricultural conservation easement on the David Library of the American Revolution Farm in Upper Makefield wnship. He advised that the farm s class 1 soil is the highest quality of any farm that has ever applied to the program, adding it is vital to the character of Washington Crossing. This is also the 162 nd farm preserved by the County to date. Commissioner Martin noted Penrose Hallowell from the Agricultural Land Preservation Board in the audience and indicated his appreciation for the work the board has done. 1

2 Item 4a Chairman Loughery provided some background information on this project, including that it will be built in three phases, and will total 500,000 square feet. The Chairman advised this has already been approved by Richland wnship and the Quakertown School District, the two other taxing bodies. This was a great coordinated effort between many entities and he is pleased that they selected Bucks County. The Chairman acknowledged Steve Cunningham from US Cold Storage and Bob Cormack from the Bucks County Economic Development Council. As a resident of Bucks County, Mr. Cunningham said he is excited to be in this area, and advised that everything has gone well from their perspective. Item 8a In response to Mr. Warren s earlier question, Emergency Communications Director Pete Ference explained the need for higher quality chairs. Contributing to the discussion that followed were Chairman Loughery, Commissioner Martin and Mr. Warren. Item 9a In response to Mr. Warren s earlier question, Chairman Loughery provided clarification and explained the new approach they are taking with regard to bridges in the County and provided some detail on plans to create a bridge department. Mr. Hallowell asked that they give priority to two-lane bridges. In response to Mr. Warren s inquiry, Commissioner Martin confirmed that this is a professional service and it did not go out for bid. Items 9b Pictures were projected of the new wing wall in the Armory, as well as the fireplace that has been preserved during the construction process. Item 9d In response to Mr. Warren s question, Chairman Loughery confirmed this is a design issue which will be remedied with the architect. He advised they are keeping track of issues related to design, as well as for errors & omissions. He also mentioned the new roof design and warranty. Items 9e & f Chairman Loughery advised they are 2.7% over budget for these change orders. In response to Commissioner Marseglia s question about the elevators, General Services Director Gerald Anderson advised these wouldn t have affected the bid because they were design issues. Item 9g In response to Mr. Warren s question, Chairman Loughery provided background on the move by Children & Youth to new office space, including why they are moving and the long term plans for the department. He confirmed, in response to Commissioner Marseglia s inquiry, that they will be locked in for thirty-seven months once this is signed. Commissioner Martin pointed out that the County will be reimbursed 80% of this cost. Item 9k Commissioner Martin asked how this number compared with the budgeted estimate and Mr. Anderson advised this came in under budget. Item 9l Commissioner Marseglia referenced the time it took for her to get answers on this. Joseph Kiss of Kiss Electric spoke about his company s safety record and their ability to do this job. Mr. Anderson highlighted the steps they ve taken with regard to due diligence. Health Department Director Dr. Damsker explained why they need this generator and noted it is being paid for with a state immunization grant but the installation needs to be completed by the end of the year. Commissioner Martin and Chairman Loughery also contributed to this discussion. Item 12a Dave Johnson from the Planning Commission presented information on a grant for ecological restoration of land along the river in Morrisville Borough. Explaining this is the third phase of the project, he elaborated on the proposed work to be done. Item 15a Brian Hessenthaler, Chief Operating Officer, provided background on the contract and said they were comfortable locking in this rate for the next two years. In response to Commissioner Martin s inquiry, Purchasing Director Maureen McIlvaine advised that this firm came in with the lowest rates out of the ten firms solicited. NEW BUSINESS Upon motion of Commissioner Martin, seconded by Chairman Loughery, and opposed by Commissioner Marseglia, item 9l was approved. Upon motion of Commissioner Martin, seconded by Commissioner Marseglia, with the vote being 3-0, the following Resolutions were approved with these exceptions: - Items 9b, c & d passed with a vote of 2-1 with Commissioner Marseglia opposing RESOLVED, that the Bucks County Board of Commissioners upon the recommendation of the BOARD OF COMMISSIONERS, approve the following: 2

3 DEPARTMENT WITH PURPOSE AMOUNT 1. AGRICULTURAL PRESERVATION a. David Library of the American Revolution Washington Crossing, PA Approve county s portion (70%) of a acre agricultural conservation easement on the David Library of the American Revolution farm located at 1201 River Road in Upper Makefield wnship. (TMP ) $202, plus settlement charges and adjustments 2. AREA AGENCY ON AGING a. Bucks County Transport, Inc. Holicong, PA Approve contract increase and extension to provide subsidized transportation services for seniors. 7/1/13 6/30/14 $180,000** (County 21%) 3. CHILDREN & YOUTH a. Affinity Psychological Services dba PA Forensic Associates Reading, PA Approve contract to provide highly specialized foster care for at risk children. 7/1/13 6/30/14 $52,000** (County 11%) 4. COMMISSIONERS a. Richland wnship Approve acceptance of request from Richland wnship to participate in Local Economic Revitalization Tax Assistance (LERTA) program. 10/14/13 12/31/23 5. COMMUNITY & BUSINESS a. Interfaith Housing Development Corporation of Bucks County Bristol, PA b. Interfaith Housing Development Corporation of Bucks County Bristol, PA c. Salisbury Behavioral Health, dba Milestones Community Healthcare Warrington, PA Approve subordination of the County s second mortgage on property at 2421 Airacobra Street, Levittown. Approve subordination of the County s second mortgage on property at 451 Lafayette Street, Bristol. Approve subordination of the County s second mortgage on the property at 1222 Easton Road, Warrington, to allow refinance of the first mortgage. 6. CONTROLLER a. Zelenkofske Axelrod, LLC Jamison, PA 7. COURTS a. Thomson Reuters West Payment Center Carol Stream, IL b. Thomson Reuters West Payment Center Carol Stream, IL c. Thomson Reuters West Payment Center Carol Stream, IL Approve contract to provide audit services. 1/1/13 12/31/15 Approve Library Maintenance Agreement to provide print products and subscriptions to three departments. 12/1/13 5/31/16 Approve contract renewal to provide online access to Westlaw for Court personnel. 12/1/13 5/31/16 Approve subscription renewal for public access to online legal research in Law Library. 12/1/13 5/31/16 $25,000* /year $535,260** $126,614.54** $121,426.61** 8. EMERGENCY COMMUNICATIONS a. CR Solutions, Inc. Eagleville, PA Approve purchase of chairs for Center. $36,861** 9. GENERAL SERVICES a. Carroll Engineering Corporation Warrington, PA b. Ernest Bock & Sons, Inc. c. Ernest Bock & Sons, Inc. Award contract for bridge consulting services. 12/1/13 11/30/14 Approve contract increase for setting remaining brick at new wing wall and stone coping and flashing at Armory. Change Order GC #037 Approve contract increase for setting of new coping stones and installation of stainless steel flashing for reconstruction of battlements on Armory roof. Change Order GC #038 $300,000** $56,870 $31,107 d. Ernest Bock & Sons, Inc. Approve contract increase for a revised Roofing Panel System in lieu of ballast as a result of design omission for the new Justice Center. Change Order GC #039 $394,233 3

4 e. The Farfield Company Lititz, PA Approve contract increase for changes required by code for Domestic Relations. Change Order EC #5 $39,920* f. The Farfield Company Lititz, PA Approve contract increase for changes required to meet the elevator code. Change Order EC #6 $85,992* g. Heritage Business Center, L.P. Doylestown, PA Approve 37 month lease of property located at 2325 Heritage Center Drive, Furlong. $1,573, utilities (County 20%) h. Kolb Heating & Cooling Egg Harbor wnship, NJ Approve contract increase for additional work on four homes in the NRCS Neshaminy Creek Flood Mitigation Program. $9,500 (County 0%) i. Leonard F. Kraft Bensalem, PA Approve buyout of the property located at 4612 N. River Drive, Bensalem as part of the NRCS Neshaminy Creek Flood Mitigation Program. $90,000 + settlement costs (County 0%) j. PennDot Engineering District 6-0 Harrisburg, PA Approve authorization for Commissioner Chairman Robert G. Loughery to sign Retroactive Bridge Project Reimbursement Agreement # for the rehabilitation of Bridge #234 on Clymer Avenue in West Rockhill wnship, and for Lynn T. Bush, Chief Clerk, to attest his signature. k. Security and Data Technologies, Inc. Newtown, PA Approve contract to provide installation of the Audio Visual Systems in the new Justice Center. $1,983,910** UNTABLED l. Kiss Electric LLC Levittown, PA Approve installation of a natural gas generator at the Lower Bucks Government Services Center in Levittown. $39,195 (County 0%) 10. INFORMATION TECHNOLOGY a. Paperless Solutions Inc. Bensalem, PA Amend contract to allow unlimited licenses to develop in-house applications. 4/1/07 3/31/15 $40,900** b. Verizon Business Frazer, PA Approve contract increase and extension for existing voice, data and network management services and maintenance. 1/1/14 12/31/18 $5,600,000** 11. NESHAMINY MANOR a. The Wood Company, a wholly owned indirect subsidiary of Sodexo Operations, LLC Gaithersburg, MD Approve contract increase and extension to provide dining services to residents. 1/1/14 12/31/14 $1,643,893** (County 3%) 12. OPEN SPACE a. Morrisville Borough Approve Delaware Riverfront open space grant for ecological restoration of borough land along river. tal project cost is $38,000 with Department of Conservation and Natural Resources paying 50%. $19, PUBLIC DEFENDER a. Allan M. Tepper Approve contract to provide forensic and psychological services. 1/1/13 12/31/13 $50,000** 14. PUBLIC INFORMATION a. Perfexion, Inc. King of Prussia, PA Approve contract increase to provide buildout, maintenance and hosting of two concurrent websites during transition period. 1/1/13 12/31/13 $16,870** 15. PURCHASING a. PPL EnergyPlus, LLC Allentown, PA b. Provident Energy Consulting LLC Media, PA Approve contract renewal to purchase electricity for the County s 147 accounts. 1/1/14 12/31/15 Approve contract extension to purchase electricity and natural gas. 1/1/14 12/31/15 $.06413* kwh/year 4

5 16. OTHER CIVICS a. Bucks County Association for the Blind Charles Kane Emergency Fund Health Link Approve Payment $1,600 $4,000 $4,000 *Unit Cost/Estimated for operational purposes only. ** Unit Cost/Not to Exceed AND the proper officers are authorized to execute all documents necessary to carry this Resolution into effect. BUDGET ADJUSTMENTS None PERSONNEL Upon motion of Commissioner Marseglia, seconded by Commissioner Martin, with the vote being 3-0, the following Personnel Actions were approved: PER DIEM TO PERM 1. Natacha Cadet PD 2. Cheryl A. Glenn PD 3. Fabian F. Matthews PD 4. Meredith Morris PD 5. Francis D. Peters PD 6. Michelle R. Piscitelli PD 7. Tashianna T. Thompson PD 8. Yvette Ulysse PD 9. Lynda Whitfield PD POSITION CHANGE 10. Kimberly J. Palmer J.R. #2113 RN Supervisor Unit 86 Unit Manager Unit 86 NM Admin NM Admin 12/02/ PH PH TRANSFER 11. Thomas C. Obert- Thorn, Jr. J.R. # /09/ PH PH Dispatcher I Electronic Technician I 911 Emergency Response Emergency Communications 5

6 12. Karen P. Shea J.R. #2128 Restorative Aide Unit Secretary NM Admin 12/02/ PH PH 13. Christopher E. mlinson J.R. #2123 Environmental Protection Tech Deputy Sealer Health Department Consumer Prot/Weights & Measures 11/25/ PH PH OUT OF CLASS/TEMP ASSIGNMENT 14. Donna W. Byers Assistant Office Supervisor Unit 00 Ofc Spvr/Asst to Exec Dir Unit 00 Planning Administrative Planning Administrative 10/19/ PH PH SEPARATIONS 15. Michelle L. Beers 10/31/13 Separation 16. Donna M. Damiani Aging Care Manager II Area Agency on Aging 12/06/13 Separation 17. Ellen M. Donovan RN Assessment Coordinator NM Admin 11/16/13 Separation 18. Laura L. mlinson Asst. Therapeutic Recreation Dir NM Activities 12/03/13 Separation 19. Elaine R. Vizza Legal Secretary II Public Defender 01/03/14 Separation +eligible for 50 cents/hour bonus if completes season *estimated date **Never Started ***Agreement ****Reinstatement AND the proper officers are authorized to execute all documents necessary to carry this Resolution into effect. BOARD APPOINTMENTS Upon motion of Chairman Loughery, seconded by Commissioner Marseglia, with the vote being 3-0, the following appointments were approved: Conservation District John Frederick (Farmer) Reappointment term expires 12/31/17 Jeffrey Garton (Public) Reappointment term expires 12/31/17 SEPTA Charles H. Martin Reappointment term expires 11/30/18 AND the proper officers are authorized to execute all documents necessary to carry this Resolution into effect. MISCELLANEOUS Brian Hessenthaler, Chief Operating Officer, reported on the following: Drug Take Back Our last collection in October was a success and Bucks County was the first in the State with 17% of all drugs collected. The 6,700 pounds collected in Bucks County was more than in all four surrounding counties combined. Preliminary Budget Next Wednesday, November 27 th, the County will be releasing the preliminary 2014 budget. Breakfast with Santa The 6 th annual Breakfast with Santa will be held on Sunday, December 1 st from 7:30 am to 10:00 pm at Appleby s in Doylestown. This benefits Bucks for Kids, an affiliate of Children & Youth. Lynn T. Bush, Chief Clerk, reported on the following: Household Hazardous Waste Our collections have concluded for the year. Bucks County collected 460 tons of hazardous waste and electronics, up from 327 tons last year. Much of the increase can be attributed to no longer being able to put televisions in the trash and that vendors can only take back as much as they sell. This service is provided at no cost to the taxpayers. Regional Cooperation The planning commissions for both Bucks and Montgomery Counties are meeting on Friday to focus on the re-use of local military bases. Plans for the Willow Grove Naval Air Station will be discussed and they will be touring the transformed Johnsville Naval Air Site. COMMISSIONER COMMENTS Commissioner Marseglia commented on the hazardous waste and drug collections. Also, saying it will be a boost to the County, Commissioner Marseglia gave a shout out to all our representatives for getting the transportation bill passed. 6

7 Commissioner Martin suggested they send thank-you letters to those who voted in favor of the transportation bill, since they had sent letters asking them to do so. Chairman Loughery recognized Marge McKevitt for the hard work she is doing in her new position as coordinator for the economic development planning services. PUBLIC COMMENT Jaime Faucette from Sellersville asked the Commissioners to stand behind Register of Wills, Don Petrille, who is an elected official who was enforcing the law. She further spoke about the increasing disregard for the law and the need for elected officials to respect it. Ron Smolow from Upper Makefield congratulated the newly elected officials and commended the Commissioners on their statement on the County website. Mr. Smolow shared his views on spending taxpayer money to defend this law and cited sections of the Constitution that pertain to this issue. Commissioner Martin pointed out that, out of sixty-seven counties in Pennsylvania, Bucks County was singled out by the American Civil Liberties Union to be their test county for this case. He suggested that Mr. Smolow use his influence to contact them and request they withdraw the case. Mr. Smolow asserted there are procedures in place for those who are not prepared to defend the laws of the Commonwealth. Bill Tribley from Telford said he disagrees with Mr. Smolow and he encouraged the Commissioners to support traditional marriage. Kathleen Powell from Warminster voiced her support for defending our elected officials and not letting special interest groups spend our taxpayer money. Chairman Loughery clarified the intent of the Commissioners statement on the website, in particular, that they should not be using taxpayer money to argue for or against this particular issue, but rather to get the County dismissed from the case. He referenced insurance the County may have to help recoup some of these costs. dd Krautheim, from Doylestown, spoke on behalf of himself and Terance Healy of Warrington, saying they filed a constitutional challenge of Rule 1.6 regarding rules of professional conduct and are asking for the Commissioners help in presenting this to the federal government. County Solicitor Michael Klimpl advised that he has looked into this and it is a legal matter which belongs in the courts, He further stated that this board has no jurisdiction over the rules of the courts. Mr. Krautheim asked if they have the Commissioners support in making a phone call on their behalf. Chairman Loughery advised that the Commissioners haven t had a chance to discuss this yet and he will follow up on it. In response to Mr. Warren s question about the preliminary budget meeting, Chairman Loughery confirmed it will be held in the 5 th floor conference room and Mr. Hessenthaler said it will be a presentation. Jean Bolger from Hilltown had questions regarding policy changes at the Bucks County Free Public Library. She advised that she is part of a group that has been meeting regularly in one of the meeting rooms at the Quakertown Library for the past five years and about a year ago, they started charging them for use of the room. She said they went to a meeting last year in which they were going to discuss changes but it was apparent that their minds were already made up. She expressed frustration about not being able to get answers. Chairman Loughery advised that other people had reached out to him with similar concerns and he will look into it. There was further discussion regarding funding cuts, among other things. In addition to Ms. Bolger and Chairman Loughery, also contributing to the conversation were Commissioner Martin, Commissioner Marseglia, Mr. Hessenthaler, and Sandy Slater. Chairman Loughery suggested that Ms. Bolger and Ms. Slater give their contact information to Mr. Hessenthaler after the meeting and they will contact the Executive Director, Martina Kominiarek. ANNOUNCEMENTS The next public meeting of the Bucks County Board of Commissioners will be held on Wednesday, December 4, 2013, at 10:00 a.m. in the Bucks County Courthouse Community Room. ADJOURNMENT Upon motion of Commissioner Marseglia, seconded by Commissioner Martin, with the vote being 3-0, the meeting was adjourned. Approved: December 4, 2013 BUCKS COUNTY COMMISSIONERS BY: Robert G. Loughery Charles H. Martin Diane M. Ellis-Marseglia Chairman Commissioner Commissioner Lynn T. Bush, Chief Clerk 7

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