LEHIGH COUNTY BOARD OF COMMISSIONERS May 11, 2016
A meeting of the Lehigh County Board of Commissioners was held on this date in the Public Hearing Room of the Lehigh County Government Center with Brad Osborne presiding as Chairman.
Present:Commissioners Geoff Brace, Thomas Creighton, III, Percy Dougherty, Dan Hartzell, Amanda Holt, David Jones, Sr., Marty Nothstein, Brad Osborne, and Michael Schware.
Others:Steve Breidigan, Cedarbrook CFO, GS-Lehigh; Mary Hazzard, Cedarbrook Assistant Administrator; Valerie Hildebeitel, Deputy Clerk to the Board; Eman Jarrah, Deputy Solicitor;Dan McCarthy, County Administrator; Rick Molchany, General Services Director; Joseph Shaddid, Cedarbrook Administrator, GS-Lehigh; and David Barilla, Clerk to the Board.
The Minutes of the Board of Commissioners’ meeting held 04/27/16 were approved upon the motion of Commissioners Dougherty and Holt and a unanimous voice vote.
Under Executive Sessions, the clerk said there were none held since the last meeting of the Board of Commissioners.
Under Citizens Input, Michael Molovinsky, Lehigh County resident, distributed and reviewed the Wehr's Dam safety inspection notice from 07/06/12. A copy of which is attached to the minutes as Exhibit A.
Molovinsky said this dam was previously repaired with South Whitehall Township employees and is a low hazard dam. He said people have been coming to the dam as a destination for over 100years. He reviewed the construction of the dam and said it would sit there for another 200years.
Molovinsky said the dam will now be put forward as a referendum and the wording will include a tax increase. He read a quote from Lehigh County’s website on agricultural landpreservation. He said he believes that Wehr's Dam meets the criteria. He said this is part of our history and our agricultural history. He said without the Board of Commissioners interceding this dam will not be there after 112 years. He asked that the Commissioners please consider the situation.
JoeHilliard, Lehigh County resident, said year-end finances arrived 04/15/16. He said he still does not understand what a revised budget is and who revises it. He said two areas controlled by the County Executive went way over budget. He said he will send the Board a detailed email on the expenditures that went over budget and question who authorizedthem. He said Lehigh County should have had a $4 million surplus. He said the Board has proven that tax cuts do not reduce essential services.
Hilliard said Lehigh County has $76 million in cash. He questioned who would borrow money with that amount of cash. He said he will bring these issues up at each future meeting until he understands them.
The following item was addressed under Chair’s Review:
RenewLV Farmland Preservation Presentation
Commissioner Osborne introduced Bob Black, RenewLV Board Chairman; Julie Thomases, RenewLV Farmland Preservation Committee Chair; and Joyce Marin, RenewLV Executive Director.
The following handouts were distributed and reviewed by Thomases and Marin: RenewLV Farmland Preservation Snapshot 2016, a press release dated 04/29/16, and the 2016 Lehigh Valley Farmland Preservation Survey. These handouts are attached to the minutes as Exhibit B:
Commissioner Nothstein asked how many farmers are willing to participate in the program. Julie Thomases said she will speak to Jeff Zehrand get back to him. She answered Commissioner Nothstein that she does not know why Northampton County pays $5,000 per acre and Lehigh County pays $4,000 per acre.
Commissioner Schware said this is a very important subject, but the focus needs to be on the townships. He said we don't control zoning in any part of Lehigh County. He said strong zoning laws are free and then we don't have to tax $10 per person. He said at the Lehigh County level our revenue would come from property taxes. He said developer impact fees at the municipal level should fund farmland preservation.
Joyce Marin said $10 per household is how the question was asked. She said zoning is not permanent and can change. She said important tracts were preserved and are now developed. She said the county program is the best way to ensure farmland forever. She said the county program can also be leveraged by state dollars.
Commissioner Dougherty said $2 million is what we put in ag land preservation through the Green Future Fund years and in prior years. He said the state wide model is that farmland preservation is the counties responsibility. He said he would like to see the upcoming bond issue include $6 million ($2 million per year for three years). He said he believesthat a matching municipal program is a necessity. He said now is the time, once farmland is gone it is gone forever.
Julie Thomases said we will continue to fight for ag land preservation. She said Upper Milford Township is considering a referendum.
Joyce Marin said the goal of 25% preservationis in the Lehigh Valley Planning Commission’s Comprehensive plan.
Commissioner Nothstein asked if they are working with other local organizations. Marin said other organizations advocate for open space. She said she is unaware of another organization advocating in this fashion. She answered Commissioner Nothstein that RenewLV doesn't preserve land.
Commissioner Jones said he agrees that $2 million is the right threshold and that a bond issue is the appropriate vehicle for that funding.
Thomases spoke about the availability of dollars from DCNR. Commissioner Nothstein said DCNR requires public access to receive a grant which is a detriment to land owners.
Commissioner Osborne said LVPC is updating its 2005 Parks Study this year and RenewLV is participating in the update of the study. Thomases said we are available to them in any way we can.
Marin answered Commissioner Schware that the snapshot page is total acreage of Lehigh County. Thomases said she is concerned that the 25% goal will be dropped. Commissioner Schware said including boroughs and cities that have no farmland greatly impacts the numbers. He said it would be helpful to get acreage of each municipality and recommendation for each municipality.
Rick Molchany said the Comprehensive Plan is being developed with completion in 2017 and the Parks component is being developed this year. He said information will continue to be shared.
Dan McCarthy said there are 74 farms on our waiting list. He said the capital plan indicatesthe County Executive’s willingness to introduce additional funds for agricultural land preservation. He said the County Executive is willing to place $6 million in a bond issue with the Board’s consent. He said there is no additional cost from the consultants to increase the bond from $22 to $28 million.
Joe Hilliard, Lehigh County resident, said he is a great advocate for agricultural land preservation, however this is the same old some old. He said Lehigh County is borrowing money and then getting state money from Lehigh County taxpayers. He said we need a plan that includes municipal zoning. He said if zoning changes then those dollars must be paid back to the county. He said we need a regional approach.
Commissioner Dougherty said ag land is important enough for general fund dollar support. He said he supportsa bond due to the low rates. He said he supports a “clawback provision”for municipalities that receive county money and then do not honor the comprehensive plan.
Commissioner Osborne said it is not unprecedented that this program was supported with cash and not bond dollars.
Dennis Pearson said the goal is to keep local agricultural products. He reviewed the concept of vertical farming as a future possibility.
There were no Appointments for consideration. There was no Old Business for consideration.
Under New Business, the clerk announced Resolution 2016-19:Accepting a Donation from the Air Products and Chemicals, Inc. Foundation(sponsored by CommissionersCreighton, DoughertyHolt); the deputy solicitor provided a summary. This resolution was reviewed by the Courts & Corrections Committee on 05/11/16.
Commissioner Creighton said the District Attorney described the program in committee. He said to date $25,000 has been donated. Resolution 2016-19was approved by a unanimous voice vote.
Refer to the Resolution Book for County of Lehigh Resolution No. 2016-19
The clerk announced Resolution 2016-20:A Resolution of the Board of Commissioners of the County of Lehigh, Approving the Financing by the Cumberland County Municipal Authority of Certain Projects for the Benefit of Diakon Lutheran Social Ministries (sponsored by Commissioner Schware); the deputy solicitor provided a summary. This resolution was reviewed by the Development & Planning Committee on 05/11/16.
Commissioner Schware said we know this company as Luther Crest. He said they operate in a number of counties including Lehigh. He said this primarily involves a 2014 refinancing and it has his support. Resolution 2016-20 was approved by a unanimous voice vote.
Refer to the Resolution Book for County of Lehigh Resolution No. 2016-20.
The clerk announced Resolution 2016-21:Agreeing to Participate in a Revised Intergovernmental Transfer Program with the Commonwealth of Pennsylvania (sponsored by CommissionersDougherty & Hartzell); the deputy solicitor provided a summary. This resolution was reviewed by the General Services Committee on 05/11/16. Commissioner Dougherty said this will net in excess of $2 million for our Cedarbrook operation. Resolution 2016-21was approved by a unanimous voice vote.
Refer to the Resolution Book for County of Lehigh Resolution No. 2016-21.
The clerk announced Resolution 2016-22:Approving a Professional Services Agreement with Alfred Benesch & Company (sponsored by Commissioner Nothstein); the deputy solicitor provided a summary. This resolution was reviewed by the General Services Committee on 05/11/16. Commissioner Nothstein said Benesch is a very reputable company and has a strong history of work in Lehigh County. He said this resolution was recommended for approval in committee. Resolution 2016-22 was approved by a unanimous voice vote.
Refer to the Resolution Book for County of Lehigh Resolution No. 2016-22.
The clerk announced Resolution 2016-23:Approving a Professional Services Agreement with Stevens & Lee, P.C (sponsored by CommissionersDougherty & Brace); the deputy solicitor provided a summary. This resolution was reviewed by the Finance Committee on 05/11/16.
Commissioner Dougherty said the following two resolutions are needed for either a bond issue or a bank loan.
Commissioner Dougherty made the following motion: that the fourteen day advance written notice requirement in section 801.1(D) of the Administrative Code be waived for the Department ofAdministration and reduced to seven days for Stevens & Lee. The motion was seconded by Commissioner Hartzell.
Commissioner Nothstein said he was considering tabling the discussion on both resolutions. He said he is very uncomfortable moving forward with any discussion on bond financing until we receive more information from the administration.
Commissioner Dougherty said these resolutions hire the two companies to review lending options. He said questions about the bond issue can be discussed during the review of the borrowing. He said this only hires the companies involved.
Commissioner Schware said he agrees with Commissioner Nothstein. He said we have learned that first read is essentially the vote on the bond issue. He said there is a compressed schedule and a number of questions remain. He said the County Executive sent an email to a Commissioner telling them the responses to certain questions will be limited and others will be ignored. He said if one Commissioner is being withheld answers it is being withheld from the entire Board. He said for that reason alone we should not move forward.
Commissioner Schware said this bond has gone from $16 million to $22 million to $28 million. He said he does not want to see this borrowing impact the needed Cedarbrook borrowing. He said a number of these projects seem like routine maintenance and should not be financed. He said all questions must be answered to our satisfaction before we move forward.
Commissioner Jones said he agrees with the concern about the uncertainty of the total bondissue. He said valid conversations are needed on what needs to be financed. He said whatever we decide to do, we will need the services identified in these agreements. He said this provides us expertise and services to facilitate what is still unknown.
The motion of Commissioners Dougherty and Hartzell was defeated by the following vote: Commissioners Brace –yes; Creighton –no; Dougherty – yes; Hartzell – yes; Osborne – no; Holt – no; Jones – yes; Nothstein – no; and Schware – no.
Resolution 2016-23 was procedurally deferreddue to the lack of a motion to waive the provisions of Section 801(D) of the Lehigh County Administrative Code.
The clerk announced Resolution 2016-24:Approving a Professional Services Agreement with Concord Public Financial Advisors, Inc. (sponsored by CommissionersDougherty & Brace); the deputy solicitor provided a summary. This resolution was reviewed by the Finance Committee on 05/11/16.
Commissioner Dougherty said these companies are needed regardless of the amount of the bond issue. He encouraged reconsideration of the motion regarding Resolution 2016-23 and approval of both of these resolutions tonight.
Commissioner Dougherty made the following motion: that the fourteen day advance written notice requirement in section 801.1(D) of the Administrative Code be waived for the Department ofAdministration and reduced to seven days for Concord Public Financial Advisors, Inc. The motion was seconded by Commissioner Jones.
Commissioner Schware said we should have our questions answered before we hire someone. He said questions were asked of the County Executive a week ago and he does not want to cooperate.
Commissioner Jones encouraged acquiring the expertise and skills that we need to ultimately make a financing decision.
Dan McCarthy said he needs to work with these professionals to answer a number of questions that the Board has. He said these individuals are hired before the issue is ready. He said the size of the issue will be made by the Board.
Joe Hilliard said Lehigh County has $87.2 million in the general fund as reserves. He said something is not correct here. He said capital money should be identified to a specific project. He said as of 12/31/15 there is a fund balance of $87.2 million. He said you should write a check for these projects.
The motion of Commissioners Dougherty and Jones was defeated by the following vote: Commissioners Creighton –no; Dougherty – yes; Hartzell – yes; Osborne – no; Holt – no; Jones – yes; Nothstein – no; Schware – no; andBrace –yes.
Resolution 2016-24was deferreddue to the lack of a motion to waive the provisions of Section 801(D) of the Lehigh County Administrative Code.
Commissioner Osborne asked Commissioners to submit the questions they would like answered to Commissioner Dougherty as the Chair of the Finance Committee. He said this will provide a comprehensive list for us to make decision. Commissioner Dougherty said it is adamant that all Commissioners have access to the same information.
The clerk announced Bill 2016-08:Authorizing the County Executive to Transfer Funds from the Stabilization Fund to the Office of the Coroner to Fund a Full-Time Deputy Coroner (sponsored by Commissioner Creighton); the deputy solicitor provided a summary. This bill was reviewed in a joint meeting of the Finance and Courts & Corrections Committees on 05/11/16.
Commissioner Creighton said Coroner Grim presented a report to the Board on the increased number of drug related deaths. He said he showed why another position is needed. He said the total cost is $36,259.
Joe Hilliard, Lehigh County resident, said at an early meeting he suggested taking several million out of the Stabilization Fund for capital projects. He said this shows the Stabilization Fund is not sacrosanct. The Chair announced the bill’s first reading. Second reading, discussion and vote are scheduled for May 25, 2016 in the Public Hearing Room of the Lehigh County Government Center.
There were no Committee Reports or Citizens Input on Committee Reports.
Under Commissioner Announcements, Commissioner Jones said on June 3rd My Brother’s Keeper will hold a Youth Career Summit. He said 300 youth will be exposed to 14 different career fields on the campus of Lehigh Carbon Community College. He invited all Commissioners to attend the event which runs from 10:00 a.m. to 2:00 p.m.
Commissioner Dougherty said Judith Diehl was one of the originators of Home Rule Government in Lehigh County and was one of the first Commissioners in Lehigh County. He said she was very active in the community until her dying day.
Under Citizens Input, Joe Hilliard, Lehigh County resident, said the County is sitting on $87.2 million of cash or these financial statements are completely bogus.
Commissioner Holt made the following motion: that the Board of Commissioners adjourn the public portion of this meeting and re-convene in executive session for the purpose of discussing labor negotiations. The Board will not come back into public session this evening to take any actions. The motion was seconded by Commissioner Brace and approved by a unanimous voice vote.
The meeting adjourned at 9:55 p.m.
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David Barilla, Clerk to the Board
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