DAUPHIN COUNTY BOARD OF COMMISSIONERS
Legislative Meeting
Wednesday, February 8, 2006 (10:00am)

MEMBERS PRESENT

Jeff Haste, Chairman
Dominic D. DiFrancesco, II, Vice Chairman
George P. Hartwick, III, Secretary

STAFF PRESENT

Bill Tully, Esq., Solicitor; Chad Saylor, Chief Clerk; Marie Rebuck, Controller; Bob Dick, Treasurer; Gary Serhan, Controller's Office; Terry Davis, Director of Adult Probation; Steve Chiavetta, Director of Registrations and Elections; Diane McNaughton, Press Secretary; Mike Yohe, Director of Budget and Finance; Ed Chubb, Director of Parks and Recreation; Tom Guenther, Director of IT; Randy Baratucci, Director of Purchasing; Kim Robison, Director of Domestic Relations; Carolyn Thompson, Court Administrator; Scott Burford, Spring Creek Administrator; Garry Esworthy, Risk Manager; Dave Schreiber, Personnel; Kay Sinner, Personnel; Elke Moyer, Human Services; Dan Robinson, Director of Economic Development; Edgar Cohen, Director of Facilities Maintenance; Matt Davies, Solid Waste; Bruce Foreman, Esq., Solicitor's Office; Guy Beneventano, Esq., Solicitor's Office; Lena Martinez, Commissioners' Office; Julia Nace, Assistant Chief Clerk; Kacey Truax, Commissioners' Office; Richie Martz, Commissioners' Office and Jena Wolgemuth, Commissioners' Office

GUESTS PRESENT

Bill Cologie, Linda Eyer, Karen Cullings, Rich Bowra and Tina Lauver.

MINUTES

CALL TO ORDER

Mr. Haste, Chairman of the Board, called the meeting to order at 10:00 a.m.

MOMENT OF SILENCE

Everyone observed a moment of silence.

PLEDGE OF ALLEGIANCE

Everyone stood for the Pledge of Allegiance.

APPROVAL OF MINUTES

Mr. Haste: We have the January 18, 2006 Workshop Meeting minutes, the January 25, 2006 Legislative Meeting minutes and the February 1, 2006 Workshop Meeting minutes before us. Is there a motion to approve?

It was moved by Mr. DiFrancesco and seconded by Mr. Hartwick to approve the January 18, 2006 Workshop Meeting minutes, the January 25, 2006 Legislative Meeting minutes and the February 1, 2006 Workshop Meeting minutes. All were in favor. Motion carries.

Mr. Haste: We also have the January 25, 2006 Salary Board Meeting minutes. The Salary Board consists of the three Commissioners and the Controller. Is there a motion to approve?

It was moved by Ms. Rebuck and seconded by Mr. DiFrancesco to approve the January 25, 2006 Salary Board Meeting minutes. All were in favor. Motion carries.

EXECUTIVE SESSIONS HELD BETWEEN MEETINGS

Mr. Saylor: Commissioners, as you know there were no Executive Sessions held between meetings.

ELECTION BOARD

A full set of Election Board minutes is on file in the Chief Clerk's office.

PUBLIC PARTICIPATION

(There was none.)

DEPARTMENT DIRECTORS/GUESTS

1. Rich Bowra, Executive Director, Karen Cullings, Community Relations Director; & Bill Cologie, Board President, of the Dauphin County Library System; and Linda Eyer, President from Cartridge World of Harrisburg.
   1. Check Presentation

Mr. DiFrancesco: We have some guests here today to do a check presentation. I would like to call forward Rich Bowra, the Executive Director for the Library System, Karen Cullings, Bill Cologie and Linda Eyer.

Mr. Saylor: Could someone please explain what the presentation is about?

Mr. DiFrancesco: Could someone who coordinated this come up and present please?

Ms. Cullings: Matt and I worked on this together. I'll make the comments for you. This is just a check presentation from the partnership that we have with you for the recycling of cell phones and ink cartridges. This is the second payment that we have received on it through the partnership and we just wanted to have a photo opportunity, hopefully with you gentlemen as well. We would like to put it in our newsletter in order to continue to promote the program and also to say thanks to you for the partnership because it has been an excellent initiative for us. We are hoping to hear more on income from the cell phone recycling. I understand you have just gotten a company that will do that and pay us a minimum of $.50 per phone. That should also increase the income from the program. That is what we are here for today.

Mr. DiFrancesco: Thank you that is great.

Mr. Haste: How many phones have you gotten today? Do you have any update on it?

Ms. Cullings: Matt, do you know how many phones we have gotten?

Mr. Davies: I don't have a specific count at this time.

Ms. Cullings: He has a lot in his office.

Mr. Davies: We just secured a company who is going to give us a decent price on the phones. They will give us a minimum of $.50 up to $30.

Ms. Cullings: They keep calling for pick-up from the main library so I am assuming we are getting quite a few phones and Matt must be buried in them in his office. We have been doing it for a year almost.

Mr. Haste: Excellent. What are we going to do with the proceeds? Is that going into the Library System?

Ms. Cullings: My understanding was the proceeds were going to the Library System to help defray operating costs.

Mr. Haste: Excellent. We should make sure we track that over time. Again, that falls in line with what this Board has said all along. We are trying to find additional sources of revenue other than tax revenue.

Ms. Cullings: It is a good community initiative. Working with Cartridge World as a local business is good for the community in general.

(Photos were taken.)

SALARY BOARD

A complete set of Salary Board minutes is on file in the Chief Clerk's office.

PERSONNEL

Ms. Sinner: Moving on to the Personnel packet I do have an addendum to that as well. Since our Director of EMA is resigning I have a request to fill that position. There are also some transactions for Adult Probation, this being the window in the hiring freeze we wanted to get those transactions in. We had an Adult Probation Officer II resign so an Adult Probation Officer I is being promoted to a II, which started the process that you see here.

Mr. DiFrancesco: The suggested rate of pay for the Deputy when he actually assumes the acting position, where did that rate come from?

Ms. Sinner: That was based on the amount that we had compensated Greg Kline for when he was Acting Director.

Mr. DiFrancesco: Okay. I thought that was a little bit higher than what it should be. For some reason I was thinking it was a dollar more.

Ms. Sinner: In this case it was 9% for Greg so we did the same for this position.

Mr. DiFrancesco: That would kick in assuming it was actually an acting position that we don't get a new person hired, that I doubt but in that window we would be able to.

Ms. Sinner: Right, it wouldn't amount to a full year hopefully. This is being done on a pay-by-pay basis. It would stop as soon as someone is in that position.

Mr. Haste: Any further questions or comments? (There were none.) Is there a motion to approve the Personnel Packet as amended?

It was moved by Mr. Hartwick and seconded by Mr. DiFrancesco to approve the amended Personnel Packet. All were in favor. Motion carries.

Mr. Saylor: Commissioners before Mr. Davis leaves I was in a conversation with our Solicitors, is everything okay with the request for the Probation office? There was some issue about meeting the hiring window. All those questions were answered? (Mr. Davis nodded his head.)

PURCHASE ORDERS

Mr. Baratucci: You should have received a new packet yesterday. The three items that we talked about adding last week are added on pages 6, 15 and 16. All of the budget issues have been resolved so the packet is there for your final approval.

Mr. Hartwick: What pages were they again?

Mr. Baratucci: They were 6, 15 and 16. Page 6 was the Veteran's Affairs items and pages 15 and 16 were Schaffner Center.

Mr. Haste: Any questions of Randy? (There were none.) Is there a motion to approve the Purchase Order packet?

It was moved by Mr. DiFrancesco and seconded by Mr. Hartwick to approve the Purchase Order Packet as presented. All were in favor. Motion carries.

REPORT FROM BUDGET & FINANCE - MIKE YOHE, BUDGET DIRECTOR

1. Budget Amendments for the 4th quarter general fund and the 2nd quarter fiscal budget ending December 31, 2005.
2. Investment Report

Mr. Yohe: Commissioners, I have two items on the agenda. First we will do the investment report.

Report from the Office of Budget & Finance February 8, 2006

• January 27, 2006 transferred $697,499.76 to the Payables account from the County's Concentration account for checks issued that week.
• February 3, 2006 transferred $10,286,130.61 to the Payables account and $1,819,741.02 to the Payroll account from the County's Concentration account for checks issued that week.
• Total Term Investments - N/A
• Balance today in INVEST account $127,040.96 rate 4.310%
• Balance today in Community Banks investment account $118,416.19 rate 4.63% (This rate equals today's Community Banks 91-day TBill rate of 4.480% plus 15 basis points)
• Balance today in Graystone Bank investment account $11,546,738.08 rate 4.630% (This rate equals last month's average 1-month LIBOR rate of 4.480% plus 15 basis points)

Mr. Yohe: Graystone altered their rate. If you remember last month they were adding 30 points to their one month LIBOR and they dropped that to 15 which threw them out of the lead.

Mr. Haste: How can they do that?

Mr. DiFrancesco: They can't change their spread. How did they do that?

Mr. Yohe: They can't change their spread? I didn't know they couldn't change their spread?

Mr. DiFrancesco: Well if they are quoting us a spread they can't just change it.

Mr. Haste: When they quote they have to stay with that for the three months.

Mr. Yohe: It changes every month. I didn't have a problem with it.

Mr. DiFrancesco: The rate is obviously going to move but the spread shouldn't move. When they quote they are telling us what they are willing to accept in terms of their profit on that money. They can't change that.

Mr. Yohe: Commerce did several times. There were times where they would jump 45 down to 35 up to 20.

Mr. Haste: That's the whole idea of this process. Then why are we doing an RFP?

Mr. DiFrancesco: If this is how it's going to be we should just move the money daily.

Mr. Yohe: Like I said I can talk to Doug. I didn't see anything out of the ordinary from that. They are still almost in the lead.

Mr. Haste: Again, why do an RFP?

Mr. Hartwick: What I saw from Commerce is that they were actually up from what their initial quote was to try and be competitive. I don't think they reduced their initial quote. I don't remember that ever occurring.

Mr. Yohe: They did. I think they dropped from 45 down to 30.

Mr. Hartwick: Well, 30 was their quote I think. From what I remember 30 was their quote and they went up to 45 to be more competitive. I don't think they ever dropped below 30, which was their initial quote. To get more competitive to try and get a little bit more in the game to gain more money is okay from our standpoint, but to drop what your initial quote on the baseline is, that is the challenge. If they want to add additional basis points to that it's great for taxpayers, but if they are going to move away from that initial quote I think there ought to be a legitimate reason why.

Mr. Haste: If they decide they want a bigger chunk of the pot that month they can move it up.

Mr. DiFrancesco: I think our quotes, when they go out they need to understand that they are quoting a base line that they can't go under. They can't change the game in midstream.

Mr. Hartwick: They can do better, not worse.

Mr. Yohe: Okay. I did not give any of them that instruction in the RFP process. I just looked at the proposal you picked three and then each month they submit me a new plan.

Mr. DiFrancesco: That needs to be a part of future proposals.

Mr. Haste: Why do a proposal if that is not the minimum bid?

Mr. DiFrancesco: Then it is easy to come in and spike it and give a ridiculous quote of LIBOR plus 95 and then reduce it down once you get in as the three.

Mr. Yohe: We can get that changed. I will call them. I don't know the reasoning why, I know they were very aggressive, that quote threw them out in front, and they are still at an aggressive bid even by offering the 15 points. I will check them. I don't see any reason why they wouldn't change it back up to 30, which would put them back into the lead this month.

1. Balance today in Commerce Bank investment account $23,201,826.62 rate 4.675% (This rate equals today's 91-day T-Bill rate of 4.375% plus 30 basis points)
2. Balance today in Sovereign Bank investment account $11,552,110.48 rate 4.570% (This rate equals today's 1-month LIBOR rate of 4.570% plus 0 basis points)

No T.R.A.N. Line of Credit required for 2006.

Mr. Hartwick: Did Sovereign ever include basis points in their bid?

Mr. Yohe: No, not this year. Last year when they started they were fixed and then in one of their quotes they switched to LIBOR plus 30. There is another case where at the end of the year I think they were plus 30 one month and then they dropped to just plain LIBOR. There is another example of where they dropped their quote from one month to the next.

Mr. Haste: Again, we wouldn't know that unless you told us. You have now told us that.

Mr. Hartwick: What is to stop somebody from coming in and giving an unrealistic bid for one month to be considered as one of the three and then totally drop off the map?

Mr. Yohe: My point is I wasn't happy about it either, but they were still right in the mix. If they said they were going to drop it down to 30, minus 30, we wouldn't let that happen. I'm just trying to keep them above the market rate. I will check with Graystone. I really don't anticipate there being a problem, but I will let you know if there is.

Mr. Haste: From now on, I just assumed a bid was a bid, and most folks would understand that you don't drop below that bid. If you bid and this is going to be your rate for three months you don't drop below that.

Mr. Yohe: I will make that more clear.

Mr. Haste: That or we will just change our mind and move our money. There is a commitment both ways. When someone has been high for the month and they drop we have honored our side of the commitment and we have left money there. I think if they make a bid and this is there minimum bid they need to live by that.

Mr. Yohe: I did not give them that understanding so I will make that clear. I don't know where legally we would stand because the RFP did not quote that, but I will make that language very clear in the next one.

Mr. Hartwick: Is the RFP is done yearly?

Mr. Yohe: Every six months. There will be another one in June. Any other questions? (There were none.)

The second item on the agenda is the Quarterly Budget Amendment reports. I distributed them probably about a week ago. If you don't have any questions, I will point out, if you look at the General Fund we have a large adjustment. The way we are accounting for indirect costs now is we are applying that to General Fund departments, which we have never done in the past. That necessitated a large budget amendment on my part or everybody would have been over budget for last year. I have made that arrangement. The 2006 budget has been amended accordingly since we have approved it. You will see this big one here and you are going to see a big one in the first quarter of 2006.

Mr. Haste: From the General Fund it is really just a wash.

Mr. Yohe: It is a paper shuffle. The indirect cost revenue went from $3 million to $11 million and we added $8 million in expense. The other $3 million comes from non-General fund departments.

Mr. Haste: Is this something that is now being required by the auditors?

Mr. Yohe: My understanding is GASB 34 requires the auditors to report that in this manner and Mr. Huntington over in the Controller's office wasn't happy with their calculation of this. He told me I will do the calculations and put it right in for them. I don't have a problem with that. I did have to do this adjustment or everybody's budget would have been blown for last year. Do you have any questions on anything? (There were none.)

Mr. Haste: Is there a motion to adopt the 4th Quarter General Fund and the 2nd Quarter Fiscal Year Amendments?

It was moved by Mr. Hartwick and seconded by Mr. DiFrancesco to approve the budget amendments for the 4th Quarter General Fund and the 2nd Quarter Fiscal Budget ending December 31, 2005. All were in favor. Motion carries.

Mr. Yohe: One last thing. We hope to have Lou Verdelli in next week to present an option and I will be meeting with each of you on regarding the EMA project.

Mr. Haste: Okay.

Mr. Saylor: Commissioners, while Mike is here is there any interest on your part since we are 6 months into the fiscal year to have, and in light of what is going on at the State level, information or a presentation of our budget at this stage of the game, in terms of where we are with the fiscal budget and what potential projections might be?

Mr. Haste: It would always be good to enlighten us.

Mr. Yohe: I have that. The cut-off, even though they are on a fiscal year cycle their major accrual is still done on December 31. That cut-off is tomorrow. Once all those accruals are made then I am going to start sending stuff out to the fiscal agencies to get an update on where we are at. I can't really send them anything right now because there is a large piece that is not available until we do all of those accruals.

Mr. Saylor: The Governor is outlining, I think today, his budget proposal so that will give us time to digest that as well.

Mr. Hartwick: I am sitting in on DPW's this afternoon at 2pm.

Mr. Yohe: I will check with Graystone.

Mr. Haste: Thanks.

REPORT FROM CHIEF CLERK/CHIEF OF STAFF - CHAD SAYLOR

Mr. Saylor: I have nothing further unless there are any questions of me. (There were none.)

SOLICITOR'S REPORT-BILL TULLY, ESQ.

Mr. Tully: Nothing to add to the report, but would be happy to answer any questions.

Mr. DiFrancesco: Are you pleased at least with the production of the discussions with Danaher? Are you getting anywhere close to it?

Mr. Tully: Now, yes. In the beginning it was just a little too slick and too fast, but I think he understands that we are consistent upon the details.

MATTERS REQUIRING BOARD ACTION

Mr. Haste: We have matters requiring Board Action items A through AA. Is there anything that needs to be pulled out and discussed or voted on separately?

Mr. Hartwick: No.

Mr. DiFrancesco: No.

Mr. Haste: Is there a motion to approve items A through AA?

It was moved by Mr. DiFrancesco and seconded by Mr. Hartwick to approve items A through AA of the Matters Requiring Board Action. All were in favor. Motion carries.

1. Training Packet
2. Approval of FY05/06 Per Diem Rates between the Children & Youth Agency and:
   1. Northwestern Human Services of Pennsylvania, Inc. Therapeutic Family Care/Foster Care Plus baby with mother: $40.00/day
   2. ViaQuest Behavioral Health of Pennsylvania d/b/a Seven Mountain Academy
      1. RTF - Seven Mountain Academy non-JCAHO $225.00/day
3. Reappoint Jeff Haste to the Capital Resource Conservation & Development (RC&D) Area Council Board of Directors.
4. Reappoint August "Skip" Memmi as Alternate to the Capital Resource Conservation & Development (RC&D) Area Council Board of Directors.
5. Temporarily appoint Sandy Moore to the Capital Area Behavioral Health Collaborative (CABHC) Board, replacing Barry Wyrick.
6. Reappoint Marielle Hazen to the Dauphin County Council on Aging. (Term will expire December 31, 2008)
7. Approve the following Change Orders for District Justice Office #12-2-05:
8. General Contract #05-01:
   1. Change Order #1 with ECI in an add amt. of $12,931.79.
   2. Change Order #2 with ECI in an add amt. of $9,770.01
   3. Change Order #3 with ECI in an add amt. of $20,379.08
9. Electrical Contract #05-2:
   1. Change Order #1 with Shannon A. Smith, Inc., in an add amt. of $306.14
   2. Change Order #2 with Shannon A. Smith, Inc., in an add amt. of $2,547.12
   3. Change Order #3 with Shannon A. Smith, Inc., in an add amt. of $1,130.01
10. Real Estate Tax Refunds/Exonerations:
    1. Request for additional refund of 2005 real estate taxes to Gregroy Johnson, 692 Mountain Road, Halifax, Reed Township, parcel #52-004-012, in the amt. of $20.23.
    2. Refund of 2000, 2001, 2002, 2003, 2004 & 2005 real estate taxes to Kenneth Deibler, P. O. Box G, Mohr Road, Elizabethville, Lykens Township, parcel #39-000-141, in the amt. of $351.47.
11. Preventive HVAC Maintenance Agreement #71082 between Facility Maintenance and G.R. Sponaugle for equipment located at the McBride Building.
12. Maintenance Agreements for Facility Electrical Distribution Systems (#E6068 Building Maintenance and #E6007 Generators) between Spring Creek and G.R. Sponaugle for equipment located at the Spring Creek Campus.
13. Fire Sprinkler Inspection Agreement between Spring Creek and Triangle Fire Protection, Inc. for sprinklers located at Spring Creek/McBride Building.
14. Consultant Agreement between Dauphin County and Terry Haines for the administration of the Affordable Housing Fund Program. (Community and Economic Development)
15. Dauphin County Book Publishing Agreement between Dauphin County and Atlantic Communications Group, Inc.
16. 911 Radio System Maintenance Contract Renewal between Emergency Management Agency and Capital Area Communications.
17. Adopt Resolution No. 3-2006 Approving the Reallocation for HOME Funds.
18. Agreement between PPL and Dauphin County as a subcontractor for PPL' Weatherization Program (WRAP).
19. Agreement for Maintenance with Comarco Wireless Technologies for (2) Emergency Call Box Units located at Wildwood Sanctuary. (Parks & Recreation)
20. Electronic Monitoring Service/Maintenance Contract between Juvenile Probation and BI Incorporated for ankle bracelets.
21. Approval of the 2006 Fee Proposal Letter with Post & Schell Attorneys at Law for legal (labor) services provided by William J. Flannery, Esquire.
22. Agreement with IMR Limited for the support of automated software system located in the Register of Wills Office. (Information Technology)
23. Amendments to FY05/06 Purchase Agreements between Children & Youth Agency and:
    1. Bethanna Bible Missionary Center - Amendment #1
    2. The Impact Project, Inc. - Amendment #1
    3. Northwestern Human Services of Pennsylvania, Inc. - Amendment #2
    4. ViaQuest Behavioral Health of Pennsylvania, Inc. - Amendment #1
    5. Vision Quest National, Ltd. - Amendment #1
24. Purchase of Service Agreement for FY05/06 between Mental Health/Mental Retardation and Kelly L. Rice, OTR/L (t/d/b/a Sovia Therapy)
25. Adopt Resolution No. 4-2006 for the Allocation of Childcare Network Administrative Funds to "Communities That Care" Subgrants 2001/2002/2003-PC-ST 11168 and 2002/2003/2004-PC-ST-12092.
26. Addendum to RSR Appraisers and Analysts Contract for appraisal consulting services for Spring Creek.
27. Approval of a settlement for a Tax Assessment Appeal for Gregg S. Isom properties - 206 Verbeke Street, parcel #06-027-016 and 206 Verbeke Street, parcel #06-027-015.
28. Addendum to Contract between Schaffner Youth Center and Dr. Lizabeth Potter to provide Psychological Evaluation, Treatment and Counseling Services.
29. Adopt Resolution No. 5-2006 Closing out Community Conservation Partnerships Grant Project (BRC-TAG-7-2.)

FORMER BUSINESS

(There was none.)

NEW BUSINESS

(There was none.)

COMMISSIONERS' DISCUSSION & ACTIONS

Mr. Haste: Any comments by the Board? (There were none.)

CORRESPONDENCE

Mr. Haste: Correspondence items A through N the Board has received this week and will be handled by the staff appropriately.

1. Notification from the U.S. Department of Housing and Urban Development indicating they have received the County's Action Plan for FY2006 for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs.
2. Notification from CET indicating the Middletown Borough Authority intends to apply to DEP for a NPDES permit to discharge sewage from the Authority's wastewater treatment facility located at Lawrence Street and Mud Pike, Middletown, PA.
3. Notification from Rettew indicating the Borough of Highspire Sewer Authority will be submitting a Part II Water Quality Management Permit application to DEP for for the wastewater treatment plant upgrades for the facility located at Lumber and Industrial Roads.
4. Notification from Haines & Kibblehouse, Inc., indicating they are applying to DEP for an air quality permit for the temporary installation of a portable crushing plant for the Handwerk Material plant, Lower Swatara Township.
5. Notification from Mellott Engineering, Inc., indicating The McNaughton Company intends to file an application to DEP for an NPDES permit for the Townes at Briar Creek a residential subdivision located in West Hanover Township.
6. Notification from Dura-Bond Pipe indicating they intend to apply to DEP for a Title V Operating permit.
7. Notification from DEP indicating a permit correction to Eastern Industries, Inc. for the Elizabethville Quarry operation in Washington & Jackson Townships.
8. Notification from Robert Shaffer, Jr. indicating he intends to apply to DEP for general permit #5 & 7 for residential single-family 2 lot development & to construct a small wetlands crossing.
9. Notification from Eastern Industries, Inc., indicating they intend to submit an application for an air quality permit for the Elizabethville Quarry.
10. Notification from the Colonial County Club indicating they intend to submit an application to DEP for a permit for a foot bridge at #5 green.
11. Notification from ARM Group Inc., on behalf of Milton Hershey School, indicating they intend to apply to DEP for an NPDES permit to discharge wastewater associated with a groundwater heat exchange system from their facility located in Derry Township to an unnamed tributary of Spring Creek.
12. Notification from K & W Engineers indicating that the Highland Development Group and Real Estate Investment will be applying to DEP for a NPDES permit for stormwater discharges associated with a proposed Retirement Community at the Colonial Village, Lower Paxton Township.
13. Notification from Madden Engineering Services, Inc., indicating they will be applying to the Dauphin County Conservation District for a NPDES permit for a project consisting of a 13,200 square foot building addition to the existing Cummins Power Systems, Inc., located at 4499 Lewis Road, Swatara Township, Dauphin County.
14. Notification from Advantage Engineering indicating Chesapeake Design Build, LLC has submitted a final report to DEP for a site located at 4010 McIntosh Road, Harrisburg, Lower Paxton Township.

PUBLIC PARTICIPATION

(There was none.)

ADJOURNMENT

It was moved by Mr. DiFrancesco and seconded by Mr. Hartwick for the meeting to adjourn. All were in favor. Board adjourns.