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People Above Politics

Taking Action, Getting Results.

Lebanon PA  17046

644-4698

If you demand open government, drop me a note to receive email alerts informing you of meeting highlights that let you know how commissioners vote on issues.  Litz@mbcomp.com

Or, visit http://joellenlitz.ning.com/ to comment on forum issues or a blog.

YouTube posts of Commissioner's and other meetings: http://www.youtube.com/user/joellenlitz  

Jo Ellen Litz Campaign Video
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People Above Politics

Team Litz:

Honorary Chair:     Lt. Gov. Catherine Baker Knoll --a woman who broke the glass ceiling and contributed greatly to PA politics; born in 1930, died November 12, 2008.

Chair:  Jeff Werner

Treasurer:  Richelle Whitman

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ABWA Homepage link

League of Women Voters

 

Meeting Highlights

Votes taken by the Lebanon County Commissioners 2009:

June 25, 2009

Gary Robson presented an updated Technological Systems Policy for Commissioner adoption and signatures.

Sue Klarsch received approval for Drug and Alcohol Abuse contracts with forty different providers.

The Housing Authority requested and received $39,600 from Act 137, the Affordable Housing Trust Fund, to leverage $734,375 for the use of upgrades to handicap accessible dwellings at Washington Arms and Webster Manor. 

 

County Planning Director Earl Meyer presented research on critical project applicants for Comprehensive Plan implementation.  Two projects’ funds would be jeopardized if not awarded by July 2009.  Therefore Commissioners moved to award both the Northern Lebanon Sewer project, which would leverage $25,000 to $260,000 and S 6th Street Playground project, which would leverage $20,000 to $240,000 in State funds. 

Carolyn Reb, Director of Management Information Systems, received approval to purchase a budgeted $45,000 Change Management Software Tool to analyze software for updates, which will limit errors.  The program does quality control, and is a faster way to implement change.  The program was recommended by the analyst who had performed an audit of the County’s MIS systems.

Commissioners signed the $10,793 Byrne Justice Advisory Grant to be used to cover law enforcement wages in Central Booking.

Commissioners also approved an incoming $704,846 PCCD grant for Renaissance Crossroads.

 

At the Metropolitan Planning Organization (MPO) after the Commissioner’s meeting, a proposed northern expansion of the Lebanon Valley Rail Trail was explained by Jon Wilson.  A study divided the trail into four sections.  Section 9 around Jonestown is ready to go at a cost of $450,000, and Section 7 around Tunnel Hill Road will follow at a cost of $850,000.  Sections 8 and 10 still need work.  Section 8 has an option of leaving the railroad bed to take advantage of the Union Canal tow path.

 

Commissioners voted for Dan Kaufman, EMA Director, to approach PEMA about reallocating up to $70,000 of Act 56 wireless phone funds for a long-term Needs Assessment and to study the best location as well as needed equipment for a backup Public Service Answering Point (PSAP).  The consultant can also guide the County through grant applications to equip a backup PSAP.  MA-Com, Cad, and our new telephone switch are proprietary units.

 

In order to improve the public’s safety; to reduce County liability; to take advantage of low interest rates; to avoid duplicate closing costs for a mandated assessment appeal bond and a PSAP loan or bond; to avoid increases in the price of equipment; and to complete the process in one step to ensure technology is compatible, after negotiating an acceptable amount, Commissioner Litz moved to include $1.5 million in a County Bond issue to equip a backup PSAP for Lebanon County.  Commissioner Carpenter also voted for the motion while Commissioner Stohler voted nay.  Grants will also be sought to leverage County dollars.

June 18, 2009

9:30AM  Regular Meeting

EMA Telecommunicator Steven B. Klose is retiring after thirty years of service.

Treasurer Neuin reported that the $697,840.27 Tax and Revenue Anticipation Note (TRAN) balance was paid off.

Kevin Schrum presented Provider Contracts with a net change of $23,709 for approval.

Kevin also presented a 2009/2010 Budget Summary for approval.  For the first time for service providers, ODP will administer contracts totaling $3,596,679.  MHMR will no longer be the middle man.  Service to individuals will not change.  The State will set the rates.  The change is at no additional cost to the County of Lebanon.  There are 800+ MH clients and almost 500 MR clients with a waiting list of 150.

Commissioners approved the purchase of a Verizon EMA router to identify the latitude and longitude of both cell and land lines.  $238,000 was budgeted in the General Fund, and the balance of the $600,000 piece of equipment will come from Act 56 wireless funds.  After a 12-month lease, with payments of $48,495 per month, the County will own the equipment.

Frank Eichler and Chuck Allwein were reappointed to the Board of Governor Dick.

Commissioners passed a proclamation for the Redevelopment Authority’s 50th Anniversary.  Progress Park and weatherization are two examples of success stories completed by the Redevelopment Authority. 

District Attorney Arnold and Chief Detective Leahy again requested a thermal imaging fingerprint machine from JAG funding shared with the City of Lebanon.  Commissioners preferred to use their half of a new grant award of $21,586 to offset a deficit at Central Booking and the prison;

 

Commissioner Litz stated that it is past time when we promised to implement the Comprehensive Plan.  On June 12, 2008, $950,000 was appropriated from a bond issue and the Hotel Tax to benefit tourism through grants to move the Comp Plan forward.  While all money is not to be allocated in one year, some of the applicants made it through the Phase 1 process, and submitted Phase 2 of the application, which was to be awarded in March 2009.  If local match cannot be secured, the delay may lose groups hundreds of thousands of dollars that would come to Lebanon County from the State and federal government.  These projects will benefit local citizens and municipalities.   Commissioner Carpenter asked Administrator Wolgemuth to contact Planning Director Earl Meyer to produce a list of such groups at the next Commissioner's meeting.

1:30PM  Assessment Appeals

Commissioners heard one appeal, and agreed to withdraw the parcel for further research.

Two disabled veterans were exempted from real estate tax.  Dan Seaman reported that a recent court ruling stated that the first five acres of real estate on a disabled veteran’s home parcel is exempt, which would require an adjustment on one veteran's parcel.  Commissioners Carpenter and Litz voted to comply with the law.  Commissioner Stohler wanted to let it go, and voted nay.

The City of Lebanon received approval to remove 330 N 10th St from the roles to make way for the new Bridge over the railroad tracks.

An Amish school on private land at Strack’s Dam will receive tax exemption for the buildings only.

June 17, 2009

10:30AM  Cedar Haven:

Census stood at 315—91 males and 224 females.

On June 27, 2009, Director of Nursing Ellen Walker, is retiring after 40 years of service to the County.

Commissioners met at Cedar Haven, the County Nursing Home.  Administrator Schlegel shared that the VA can only reimburse $174.84 per day, and Cedar Haven’s lowest rate is $193.38, which may eliminate some veterans from moving to Cedar Haven.

A Department of Health Survey is expected in late July.

Commissioners voted to increase Medicare and Medicaid rates from $225 to $235 per day.

After learning of a three month delayed post on the Medicare web site, Commissioners agreed to offer a limited time 50/50 cost share for Alma Wagner.  Care was needed and service was provided for the length of her stay.  Patients exceeding a set number of days stay must pay their own bill of $133.50 per day.  Prior to arriving at Cedar Haven, days at another facility were utilized, but documentation was not immediately available to calculate a bill.

Roman Shahay presented contracts for approval:

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Phoenix Services Adult Training would go from $3.20 for 15 minutes and $13.20 per person for transportation to $3.01 and $16.50 respectively.

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DB Fisher would go from $22 to $22.50 per hour.

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Ephrata Rehab would go from $1.68 to $1.73 for 15 minutes of Adult Training.

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First Aid and Safety Patrol would remain at the Medicaid rate of $40 per person for transport.

Commissioners were asked to cooperate with Act 32 implementation to create a mandated countywide EIT bureau.  Commissioner Stohler will call the first meeting to order and then walk away.  An information meeting will be held on September 14; advertising begins on September 24; and the main meeting will commence in the County’s auditorium on October 21, 2009.

Lebanon County has had a Child Death Review Team, but a new Act that took effect in January 2009, mandates this team.  To make sure that Lebanon County is in compliance, Dr. Yocum, District Attorney Arnold, a Police Law Enforcement representative, and Dr. Batra were officially appointed to fill this role.

Since he was at the site, Commissioners voted to pay Shorty Fields as a constable on election day.

Controller Bob Mettley presented a $7500 addendum to the audit for Reinzel Kuntz and Lesher.  For seven months, the controller’s office did not have the services of an auditor that was eliminated during budget cuts, and the office could not complete all of the audit functions in preparation for RKL.  Therefore, RKL had to complete additional work.

Judge Tylwalk requested that a piggyback contract onto our audit with RKL be approved to bring costs and fines up to date.  Judge Tylwalk will pay for the work.  Fines and costs are posted and verified thru December 2006.

On a Carpenter/Stohler motion, Administrator Wolgemuth received permission to proceed with a bond issue that would both borrow $2.5 million for a reassessment and consolidate the 2004 Bond and the 2006 and 2007 bank loans and save close to $150,000 in interest on the latter three items.  Interest is currently around 3%.  Not considered is furnishing an alternate PSAPs at Cedar Haven.  Commissioner Litz voted nay. 

A lease with the Synagogue for parking is expiring in July.  Currently the County pays $18.27 per month for each of 26 parking spaces or $475 per month.  The cost is then split 50/50 with the City of Lebanon.  A proposal to increase rent to $21 per space or $546 per month, was respectfully declined.  Since the lease with the Synagogue, Commissioners purchased the LCCM parking lot to the north of the Municipal Building.  Parking spaces are also available at Station 50.

Noon:  Prison Board

Population stood at 438 with 374 males and 64 females.

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Unsentenced inmates 84

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Work Release 70

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State Sentenced 22

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Parole/Probation Violators 216

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DJ Sentence 6

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Sentenced by Court of Common Pleas 30

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Domestic Bench Warrants Sentenced 11

June 11, 2oo9

Commissioners Stohler and Carpenter presiding, an amended Technology Policy was approved for inclusion in the Employee handbook.

Commissioners also approved a proclamation honoring Cornwall Manor  for 60 years of service to the community.

Commissioners acknowledged a name change of Tyco Electronics Ltd to Harris Corporation, a Delaware Corporation.  Tyco operated M/A COM, providers of our radio system.

Phyllis Holtry received approval to submit two Homelessness Prevention and Rapid Re-Housing Program grant applications.  The first Stimulus grant request is for $376,032, and the second, $50,000.

Commissioner Litz represented commissioners at the State Farm Preservation Board meeting in Harrisburg.  Tom Hylton was a guest speaker.

 

June 4, 2009

 

Gary Robson introduced Faye Fox who received a proclamation honoring her for her 22 years of service with the Area Agency on Aging.

Commissioners approved a plan to formalize an employee's ability to donate annual and vacation time to their colleagues in need.

Further, due to FMLA absences, Commissioners approved the hiring of a Temp Force worker to assist the fiscal department at MHMR/EI.

James Holtry presented Lebanon County Children and Youth contracts for approval.

 

Mark Chegwidden presented the 95.9 acre Gary and Lisa Krall farm in South Lebanon Township for a Right-to-be-Heard hearing.  The Krall dairy farm adjoins other preserved farms forming about a 1,000 acre preserve.  Lebanon County currently has $14,856 acres preserved with another 700 acres, including the Krall farm, in the process of preservation.

 

Daniel Kauffman, EMA Director, received approval for a $13,998 Act 147 Radiation Response Grant for communications equipment for both the County and Races.  Counties within a 10-mile EPZone of TMI qualify for funds to purchase items like radiation detectors and portable showers for decontamination.

Daniel Giffin talked about HB463, Presumption of Joint custody.

Chief Detective John Leahy received support for a $40,520 Sobriety Checkpoint Grant.

Michael Kristovensky, AAA, presented a $111,500 four-year agreement with the County of Lebanon Transit Authority (COLT) to operate a 37-passenger Blue Bird Bus for the Area Agency on Aging.  The bus is used by senior centers to attend functions.  Because seniors pay $2 for in-county trips and $11 each for out-of-county trips, the bus is self sufficient.  In 2008, 102 trips were taken with the Blue Bird, which was purchased in the year 1999 by the County of Lebanon.

 

Commissioners Litz and Stohler approved a resolution requesting the State elected officials rethink the Senate Budget, which balances their budget, but unfairly passes unfunded mandates onto Lebanon and other counties that have limited ways to raise funds, mainly real estate tax.

 

Dr. Jeffrey Yocum along with EMA Director Dan Kauffman and Brian Burke discussed the Swine flu and difficulty in obtaining information from the Department of Health. 

Agreeing that EMA needs information to make decisions, Commissioner Litz questioned whether or not the Avian Flu task force had standing or jurisdiction to obtain information from the PA Department of Health.  Other counties seem to operate efficiently without a task force.  In the past, EMA worked with the County Commissioners and Good Samaritan Hospital to plan and address disasters.  On a Carpenter/Stohler motion, the Avian Flu Task Force became the Pandemic Task Force.  Commissioner Litz voted nay.  She believes that the task force creates another level of bureaucracy; any health-related task force should be regional—we don’t live on an island—to be aware of what is crossing our borders; and that the Avian flu task force has not communicated progress with minutes of meetings. 

On a Carpenter/Stohler motion, Dr. Yocum was appointed as a Pandemic PIO.  Commissioner Litz voted nay.  Lebanon County already has a Public Information Officer.  He is not a weatherman, radiological officer, or doctor, but as a crisis arises, the commissioners and PIO consult with professionals in each of these fields.  Decisions are made and communicated via the PIO.  Two PIOs may create confusion over who to ask for information, and presents a scenario where conflicting information could be disseminated.

May 28, 2009

 
 

Lebanon County Commissioners were asked for a letter of support for HB 463.  Among other things, Charlie Lansa, from the PA Families Association, said that women are favored in custody hearings.  At next week's meeting, Commissioners will hear more on this topic.

Mr. Hilbert addressed the commissioners to request that they abolish the position of Jury Commissioner.

Phyllis Holtry, Community Action Partnership, received approval for four grant applications:

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Human Services Development Fund in the amount of $228,382, which is down $3,993 from last year;

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Amended CDBG contracts allowing $52,310 to be rolled over for client direct services;

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Homeless programs, $202,661 for rental and shelter assistance;

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Work Ready, $204,050 to help find employment for community assistance clients.

 

Ed Kline started out as a detective for the County of Lebanon.  He is retiring from his position as the head of our Building Code Inspection team.  Planning Department Head Earl Meyer said that Ed is "the best of the best."

 

Sunday, May 31, 2009 is declared as a tobacco free day.  Vicki DeLoatch and Claire Lundburg were on hand to receive a proclamation for a tobacco free lifestyle.

Timothy Peters of Jonestown was admitted to Renova Center.

 

Lebanon County Planning Director Earl Meyer was on hand to report that Penn DOT awarded Lebanon County three transportation grants worth about $1.5 million.  These initiatives are part of Secretary Biehler's Smart Transportation vision.

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*PCTI--PA Community Transportation Initiative received 388 grants and awarded 50 grants.  Lebanon County will receive one of these grants in the amount of $660,000 to match with $190,000 in CMAC funds for a multi-model shelter, a parking lot for 200 cars, lighting, and security cameras to run buses from the area of Fort Indiantown Gap to Harrisburg.

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*Safe Routes to School awarded federal dollars to 30 applicants out of 101 applications received.  Lebanon County was awarded two of those grants.  The City of Lebanon will receive $660,250 for the Blue Print Community to improve sidewalks to the Northwest Elementary School, and Jonestown will receive $200,000 for walkways from developments to Jonestown Elementary.  The municipalities must provide design and engineering, but grant funds will pay 100% of construction. 

Wednesday, May 20, 2009

Commissioners sat as the Board of Cedar Haven.  The census stood at 320 residents—89 male and 231 female.

Barbara Jumper, executive director of the ARC of Dauphin and Lebanon Counties, asked questions about Renova Center employees not being allowed to take residents to the Hollywood Casino.

Fort Indiantown Gap requested long-term exemption from County burn bans.  Commissioners Carpenter and Stohler moved to allow the request.   Prior to a vote, preferring to seek input from fire chiefs whose companies respond to fires at Fort Indiantown Gap, Commissioner Litz voted nay. 

Commissioner Stohler produced a quote for four, eight and twelve ports of voice mail.  He moved to replace the telephone operators with an automated system.  Stating that the County should provide personal service with a live person to help taxpayers who call the courthouse, Commissioner Litz voted no.  Commissioner Carpenter also voted no.

Then, Commissioners sat as the Prison Board.  The prison population stood at 446—380 males and 66 females.  There were 100 unsentenced inmates; 69 inmates on work release; 18 state sentenced; 213 parole/probation violators….

Thursday, May 21, 2009

During the Regular Commissioner's Meeting, Treasurer Sallie Neuin requested a resolution for tax collection accounts.

Melissa Light presented a seminar request for Catharine Kilgore, CJAB administrator.  The seminar, titled Outcome Thinking and Management:  Shifting Focus from Activities to Results, costs $195, and is held in Philadelphia.  CJAB expenses are covered by a grant.  Commissioner Litz moved to allow the training, but the motion died for lack of a second.

At no additional cost to the County, Kevin Schrum, MHMR, received approval for 16 Provider Contract changes totaling $382,815; a two-year Early Intervention agreement requiring a 10% match; and the 2010-11 three-year mental Health Plan update.  Schrum said that the best mental health care and treatment is provided in an efficient and cost effective manner.  Input was garnered from residents, families, and agencies. 

 

On behalf of the Greater Lebanon Valley Lions Club, Ted Anspach talked about Cody, a documentary narrated by Glenn Close.  Cody contracted Transverse Myelitis, which paralyzed her from the chest down.  Cody's father is Al Unser Jr.   On June 2, 2009 at 5:30PM, the movie is preceded by a reception hosted by Mario and Dee Ann Andretti at Hershey Theater, 15 Caracas Avenue, Hershey PA.  The cost is $250 per ticket.  The movie alone is $25, and begins at 8PM.  For tickets to either or both events, call Ted Anspach at (717)273-3767.  Cody created 'The Cody Unser First Step Foundation' to lobby on behalf of stem cell research and teaches scuba diving to people with disabilities.  To learn more, visit www.codyfirststep.org .

 

Michael Battistelli provided an overview of the Lebanon County Pension Fund activity, which stands at $73,658,970.  The beginning of 2009, the fund stood at $71,658,970.  51% of the fund is in equity; 44% in bonds; and 5% in cash.  Because of the volatility of the market, this mix is more conservative than our investment policy of 65/35.

June 1, 2009, Kensington will merge into Forward Uniplan.  Sitting as the pension board, Commissioners, along with Treasurer Neuin and Controller Mettley, approved moving $3.3 million from Kensington to Forward Uniplan.

However, a split vote resulted for Archie Battistelli’s request to invest $3 million in Washington Crossing.  While the County could save 12 basis points, Solicitor Snelling recommended obtaining an opinion from an independent investment attorney.  Neuin, Mettley and Carpenter voted to transfer the funds while Stohler and Litz voted not to transfer the funds at this time.  While the firm is the number one rated money manager, the portfolio is run by an associate of Stifel Nicolaus, and could be perceived as a conflict of interest.  Prior to a vote, for ‘Due Diligence,’ Litz had requested an independent letter for the Commissioner’s file.  No time crunch was noted.   

Next, an executive session on Court Professional Union Negotiations took place.

In the afternoon, Commissioners sat as the Assessment Board to hear residential appeals.  Nine appeals were heard, settled, or withdrawn.  Additional non-taxables were approved in conjunction with the bridge over the railroad tracks in the City of Lebanon; five properties for intersection improvements in Palmyra; On-Fire Youth Ministries…

The common level ration went from 13.5% to 13.4%. 

Friday, May 22, 2009, at 9AM Commissioners sat as the Election Board to conduct an official vote count from Tuesday’s Primary Election.  At the beginning of the session, the commissioners and others were sworn in promising to conduct a fair election.  Then the commissioners voted on what would count as a write-in vote--a full name properly spelled, a recognizable name that is misspelled, a first initial with a last name, and/or just a last name.  Commissioner Litz pointed out that there was more than one announced Capello in the City of Lebanon, and thought that, at minimum, a first initial should accompany a last name in this situation.  Otherwise, we could not presume the intent of the elector.  Real time examples surfaced as the count proceeded:  Cappelo for Sheriff in the 2nd Ward East, Capello for DA in the 5th Ward West, Coleen-Cappello for Mayor in the 7th Ward, James Capello for Judge of Elections in the 8th Ward, Sheery Capbeel for DA in the 9th Ward, Sherry L Capello for Commonwealth Court in the 10th Ward, Sherry Capello for Mayor in Cleona, Capello for Mayor in Cornwall Borough, and Capello for Mayor in Myerstown.  Which Capello was written in--Sherry, Tom, Coleen, or James?  When Commissioner Litz pointed out these examples, Commissioner Carpenter said she lost and should get over it.

Carpenter and Stohler said that they couldn't deny the votes cast by the majority of voters for the announced candidate for mayor, and Tom Capello was only a candidate in one-half of the City.  The vote was two to one to allow all forms of  names, including the last name only.

May 14, 2009

Lee Spencer commented on the County’s nepotism rule by requesting that the rule be repealed.

With real estate tax revenue coming in, money was set aside in CDs at 2% interest to cover five pay periods, but $700,000 is still due on the Tax and Revenue Anticipation Note.

 

Mike Kristovensky and Joe Lecisco presented an amended budget, which reduces overall spending by $99,549 for the Area Agency on Aging block grant.  Mike said that the budget has become a year-long process.  Since Spang Crest closed their adult day care, some of the changes include taking a wall out at Eldercare to create more floor space for seniors; paying two years on phone contracts; and over the next four years, the YMCA will transition into operating the senior games (Senior Olympics). 

 

Kristovensky also requested permission to bid for frozen meal delivery for the Meals on Wheels program.  The motion that passed unanimously was to seek bids for both hot meals delivered daily and for the requested bid to deliver five frozen means once each week.  Only one client did not have a microwave.  Lawrence, Beaver, Huntington/Bedford/Fulton, Jefferson, and Crawford Counties all deliver frozen meals.  If a visit is not completed daily, there is a concern about whether or not people would be isolated without human contact.  If a move is made to deliver meals once each week, case workers would survey the 200 clients to see if they would like a phone call each day.  So far, thirteen clients have been identified for daily calls.  Advantages listed for weekly delivery include: reduced cost; ability to have the hot meal for either lunch or dinner; and the ability to choose which meal a client would like to eat on a given day.  There has also been concern about whether meals are being delivered at the appropriate temperature.  The thermal containers are due for replacement, which would be another added cost.

 

Commissioners voted to sign the Interlocal Agreement for the Justice Assistance Grant program.  The County will receive $41,590; City $61,933; North Lebanon $19,238; North Cornwall $15,035; and Palmyra $10,082.

District Attorney Dave Arnold and Chief Detective Leahy requested $20,000 of the JAG grant for an ultraviolet fingerprint identifier to scan scenes for physical evidence.  Commissioners advised the DA and Chief that Central Booking is in the hole $150,000, and the request should be made at budget time.  Commissioner Carpenter asked if the State Police have this equipment available.

To see if there is a correlation between population and serious crime like murder, rape, and robberies, Commissioner Litz requested a breakdown of crime statistics by municipality.

A proclamation was approved for Supervisor Donald Umberger who celebrated 40 years of service as a South Annville Township Supervisor.

Another proclamation was passed for Hebron UMC’s 100th Anniversary.

There being no further business, the meeting was adjourned.

May 7, 2009

 

North Lebanon Township Supervisor Ed Brensinger addressed the commissioners to ask that a $147,878 stimulus JAG grant to benefit police departments move forward.  The deadline is 5/18/09, and the grant still needs to be written.  It’s an all or nothing scenario.  North Cornwall, North Lebanon, Palmyra Borough, the City of Lebanon and Lebanon County (as a disparate jurisdiction without a police force but providing criminal justice services like Central Booking, the prison, a crime lab…), need to agree on distribution of funds.  Historically, Lebanon County and the City of Lebanon split the funds 50/50.  This is the first time that the other municipalities have received funding—based on a federal formula of “type 1” crimes reported in UCR.  Since negotiations came to a stand still, rather than risk losing the funding for all concerned, commissioners passed a motion to accept 30% from the City of Lebanon, North Lebanon, and Palmyra and 9% from North Cornwall.

Due to the promotion of an employee, commissioners moved to fill the Clerk Typist position in the Area Agency of Aging.

Commissioner Stohler removed a Renova Center request from required training for the PA Department of Nursing.  He stated that training does not have to be completed prior to 10/31/2010, and requested that the $20 per person training for four staff people be completed closer to home.

All but $700,000 has been repaid on the Tax and Revenue Anticipation Note.

 

Per Act 101, Executive Director Michael Pavelek and Engineer Larry Taylor presented the commissioners with an agreement to appoint the Greater Lebanon Refuse Authority as the County’s official solid waste management agency.  In addition, commissioners approved a letter to DEP for a Non-substantial Revision of the County Solid Waste Management Plan.  It is proposed that the Board of the GLRA serve as the conduit to provide progress reports to the various Municipalities of the County and to waste haulers.  Ordinance 15 will undergo a thorough review by staff and attorneys to reflect recent court cases in the recycling regulations and the industry.  In their 10-year management plan, the County will continue to support flow-control of waste as the best method of providing capacity assurance.

Dan Seaman presented four disabled veterans for relief from property taxes.

Redevelopment Authority Director Ray Bender presented a plan for $432,476 in stimulus funds for the 2009 Community Development Block Grant (CDBG).  Myerstown, Palmyra, and West Lebanon will receive funding for curb cuts; Renova Center will receive $50,000 for an ADA ramp; Annville and West Cornwall will receive funds for sidewalk improvements; Swatara Township will receive $52,000 for paving of Old Jonestown Road; and Jonestown Borough, $28,000 for ADA Mods.  Countywide, funding was allocated for Housing Rehab; First Time Homebuyer; a Homeless Program; an advance to the City; as well as general administration, planning, and an audit.  A motion also passed for the Redevelopment Authority to run South Lebanon’s Block Grant program.  Another motion adjusted the budget to actual expenditures. 

 

Patricia Krebs, along with members of the Lebanon Valley Bicycle Club, Planning Department, Penn DOT, E&E Metal Fab; municipalities; and Tourist Bureau received a proclamation for Bike Month; Bike Week May 11-15; and Bike to Work Day on May 15.

North Londonderry Township received a letter of support for a $690,000 alternative energy grant application to switch their municipal building to solar and geo-thermal energy.

A proclamation was passed in recognition of senior volunteers.  The 50+ Festival will take place beginning May 12.

Commissioners also signed a resolution to maintain two new culverts installed by PennDOT, one in Bunker Hill under Route 72 and one under Route 22.  The underpasses have the ability to accommodate a future rail trail.

Prison and Cedar Haven staff who responded to nearby house fires at 615, 617, and 621 E High Street on April 30, 2009 were each presented with proclamations for their heroic efforts to save lives and properties.  Receiving commendations were:  Denise Ott, Roselyn Spatz, and Stephanie Thorton from Cedar Haven as well as Julia Carey, Corporal William Christner, CO Daniel Wood, CO Daniel Waltz, CO George Fies, CO Michael Gerstner, and CO Ed Louden from the prison. 

 
Day of Prayer 4:10   

After the meeting, people of all faiths gathered in front of the Lebanon County Municipal Building to pray:  for elected officials, from the City through the Nation; for our community and families; for our churches and religious leaders, be they pastors, priests, or rabbis; and for our schools.  The Day of Prayer ended with the release of balloons.

 

In the evening, Commissioner Litz attended both the Cooperative Extension and Conservation District Board meetings.

April 30, 2009

 

The April 30, 2009 Lebanon County Commissioner’s meeting was dedicated to Student Government Day, which this year was coordinated by David R. Warner Jr.  Tim Retnouer shadowed Commissioner Stohler; Katie Sholly shadowed Commissioner Carpenter; Averi Stoppi shadowed Commissioner Litz; Stephen Lum shadowed Administrator Wolgemuth; Kayla Attig shadowed Treasurer Neuin; Joseph Dautrich shadowed Controller Mettley.... 

The Student Government Team ran the meeting, approving the Treasurer’s report, personnel transactions, positions, and conference and seminar requests.  A request to send four people to a seminar on “Dealing with Difficult People” was tabled to see if a similar seminar could be made available for all County employees.

Then, in preparation for their regional competition this afternoon, the Annville Cleona Little Dutchmen FFA presented their Farmland Preservation skit, and answered audience questions.

The day concluded with a luncheon at Cedar Haven, the County nursing home.

April 23, 2009

Gary Robson requested permission to fill positions:

  1. A Work Ready Officer with the Community Action Partnership Program--100% state funded salary and benefits;

  2. A Monitor;

  3. An Auditor in the Controller’s Office.

Tammy Hartman Hankins received a Victim/Witness proclamation for National Crime Victims’ Rights Week April 26-May 2, a time for remembrance, reflection, and recommitment-a time to celebrate progress  in crime victims’ rights and services, and a time to build public awareness about the challenges many victims still face in the aftermath of crime.

 

Nurses and administrators from the Good Samaritan Hospital, Veteran’s Administration Hospital, and Philhaven Hospital were on hand to receive recognition and proclamations for both Nurses Week May 10-16 and Hospital Week May 6-12.

 

Stifel Nicklaus representatives Archie Battistelli and Kevin Caron discussed Lebanon County’s retirement portfolio, which stood at $68,072,780.74.

Voter Registrar Nick Yingst presented Help America Vote Act reports for approval.  No expenses were incurred between January and March 2009.  Revisions to the County plan are awaiting official approval before the balance of funds are spent.   Finally, 2008 expenditures must be approved by the State before closing that funding stream, which will end quarterly reports.

 

Catharine Kilgore, Criminal Justice Advisory Board Coordinator, received permission to participate in a pilot project (one of six counties nationally that were selected) for Suicide Prevention Training for Community Corrections Professionals in cooperation with Policy Research Associates contracted by CMHS National GAINS Center.  Information gathered from this pilot will be used in the national dissemination of this training curriculum.  For further information, visit www.prainc.com/flash/index.html

Commissioners issued a proclamation for Kathryn Kirkwood who served the VFW Post 23 Auxiliary by placing flags at cemeteries for around 23 years.

Commissioners also passed a proclamation for the 2009 SERTOMA recipient.

Jonestown Boro is installing a Green Park, and requested review of their grant proposal.

Administrator Wolgemuth read a letter commending the Community Action Partnership.  Full status was awarded to CAP.

 

Commissioner Litz read a statement requesting that rules for teleconferences presented at the last Lebanon County Commissioner's meeting be adopted.
 

Clearly, teleconference votes have occurred in the past (five definite teleconferences were confirmed via the official minutes)—without restriction.


Clearly, the law (Babac vs the Milk Marketing Board) allows for teleconference voting.


I believe that we should be both transparent and inclusive. To deny me a teleconference vote is to deny representation to the people of Lebanon County who voted me into office. I hope it's not because I'm a Democrat or a woman. Please do the right thing by allowing me to participate by teleconference when I attend Farmland Preservation board meetings....


To establish formal written policy, I move to adopt the teleconferencing rules presented at the last commissioners meeting.
The motion died for lack of a second. Then, Commissioner Carpenter moved to stop all teleconferencing. The motion passed 2 to 1 with Commissioner Litz voting nay.
 

Feel free to share your opinion on whether or not to drop this issue.

 

At 11AM, Commissioners sat as the Metropolitan Planning Organization along with other members of the MPO.

 

Tom Kotay explained the consequences of a recent Supreme Court denial of our petition, which places 50% of the upkeep of the 11th Avenue railroad crossing onto the City of Lebanon and 50% on North Lebanon Township.  Lebanon County's argument was that the City was here first, and the railroad cut across the City.  Therefore, the railroad should maintain the crossing.  This ruling is precedent setting for municipalities.  No further appeals are possible. 

Penn DOT’s Central Office Director Robin Metz provided a status report on the Federal Economic Stimulus Package.

Beth Raves presented 2009-2012 Transportation Improvement Program Amendments.

Jon Fitzkee explained that our MPO will now reflect the boundary of Lebanon County, including Palmyra, North and South Londonderry, and Campbelltown, which previously received their allocations from the Hershey MPO.

April 16, 2009

Treasurer Sallie Neuin requested permission to open two new bank accounts for Park and Recreation fees from developers.  The money is held in a checking account and escrow at Fulton Bank for payment to municipalities.

Gary Robson proposed that Earl Meyer, Planning Director, receive permission to fill the Building Code Official position vacated by Ed Kline who is retiring as of May 30th.  Likewise, a caseworker 2 position was vacated by Latoya Battle, and approved to be filled.

According to the April 9, 2009 meeting minutes, "Commissioner Stohler informed those in attendance that Comm. Litz had called into the meeting to participate via teleconference.  Comm. Stohler stated that unless there is sickness or an unusual circumstance teleconferences are not permitted as each Commissioner knows ahead of time when they are elected that the meetings are held every Thursday morning.  Further, if a Commissioner chooses to take on another commitment that conflicts with the regular Commissioner meeting then that is a choice they have made which should not interrupt the Commissioners meetings."

 

Teleconferencing testimony by Jo Ellen Litz at the Lebanon county commissioner's meeting.

As an elected commissioner, I believe that I have a right to full and equal participation in decision-making and access to meetings on equal terms with my colleagues in shaping and implementing decisions and policies affecting themselves, their families, our community, and society. People elect us as representatives to act as their voice.

In the event that a member is unable to attend a meeting, there are no policies in place to deny a member to participate via teleconference or other electronic means. To the contrary, a precedent has been set to allow teleconferencing without restrictions. It should be noted that, in other states, members of state boards and commissions can participate in meetings via teleconference if the teleconference location is public and accessible, and if members of the public can address the board or commission directly (a).

Through the generosity of Commissioner Carpenter, teleconferencing equipment is available in the commissioner’s conference room.

Participation by teleconference, at minimum, meets the notice, agenda and public participation requirements of state law.

Teleconferencing updates the County’s policies in a common-sense way that has long been used by other sectors.

The framers of our Constitution, recognized that participation in government is an inalienable right essential to the survival of democracy. It is such a basic right that was violated, something we take for granted, something that we presume in this day and age will not be violated, that it's almost hard to fathom that any individual would presume he or she has the power to simply remove those rights from others without due process, and it is mind boggling.

If there are going to be changes made to our unwritten teleconference policy, the chairman should notify the other commissioners prior to implementation so that appropriate steps can be taken and challenges made.
 
The communications, information, opinions, reports, testimony, claims, and arguments provided by elected representatives are essential to wise government decisions and public policy, the public health, safety, and welfare, effective law enforcement, the efficient operation of government programs, the credibility and trust afforded government, and the continuation of this nation's republican form of government through representative democracy (b).

To deny access by teleconferencing at the April 9, 2009 meeting of the Lebanon County Commissioners was an arbitrary and selective application by one commissioner. We can work together to remedy this situation. Here are some proposed procedures for teleconferencing.
Quorum :

At the beginning of the meeting, the Chairman will ask those attending by teleconference to identify him or herself so that his or her name(s) can be added to the list of participants. The presence of a quorum will then be verified.

Rules for participation:

1. A commissioner may participate in meetings remotely when county related business takes him or her out of town; illness prevents a personal appearance; or if on a scheduled vacation.
2. Verify attendance and take minutes just the same as for an in-person meeting.
3. A commissioner attending a meeting via teleconference counts toward a quorum to conduct business.
4. A commissioner planning to participate by teleconference shall provide written notice to the administrator or assistant administrator 48 hours in advance of a meeting.
5. No less than 24 hours prior to a meeting, an agenda and supporting documents shall be provided to a commissioner planning to participate by teleconference. However, it is always possible that someone attending by teleconference may be missing some documents. In this case, the chairman should summarize the main points of the document in question and be available to answer questions.
6. The conference must be inclusive, providing an opportunity for all board members to register their views.
7. If there are no controversial matters coming before the meeting, a voice vote will be sufficient. The chairman will ask whether everyone is in favor; if anyone is not, then a roll call vote will be used.
8. Speak clearly, avoid jargon, and make no extraneous sounds, such as coughing, drumming fingers, or side conversations.
9. Providing that more than one commissioner is not at the same remote location, which would raise the prospect of consultation by two remote members out of public view, multiple participants may participate via teleconferencing.

*(a) LEAGUE OF WOMEN VOTERS OF SAN FRANCISCO, 582 Market Street, Suite 615, San Francisco, CA 94104, www.lwvsf.org , T: (415) 989-8683 E: lwvsf@lwvsf.org 
*(b) The People's Movement for Human Rights Education (PDHRE) / NY Office, Shulamith Koenig / Executive Director, 526 West 111th Street, New York, NY 10025 , tel: 212.749-3156; fax: 212.666-6325;, e-mail: pdhre@igc.apc.org 

Court Cases:
*Babac v. PA Milk Marketing Board 613 A 2nd 551, (1992);
*Sovich v. Shaughnessey, 705 A.2d 942 (PA Commw. 1998);
*Mazur v. Trinity School District, 926 A.2d 1260 (PA Commw. 2007);
all stand for the proposition that it is not a violation of the Sunshine Law for a member of a commission or board to participate in a public meeting by telephone and, in addition, to cast binding votes by telephone.

The county commissioners are required by law to "adopt rules for the conduct and order of business..." and to publicly post those rules. 16P.S. 503.

 
                 

(Commissioner Litz was appointed by Governor Rendell to represent Lebanon county commissioners and commissioners across the state on the Farmland Preservation Board.  Litz recently wrote an article on farm preservation published in the County News MeetingHighlights/2009 County News March and April .pdf .  At the April 9, 2009 meeting, Annville Cleona High School FFA students, winners of a countywide debate, presented their skit on farm preservation.)

                

 

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SARCC--Sexual Assault Resource and Counceling Center

Jennifer Murphy Shifflet received a Sexual Assault Resource and Counseling Center (SARCC)l proclamation for Sexual Assault Awareness month.

Replacing Andy Marhevsky, Barry Ansel was appointed to the Health Facilities Authority.

The Lebanon Valley Rail Trail received two resolutions, the Alden Place Trailhead between Cornwall Borough and West Cornwall Township, and the Daily News Trailhead on South 8th Street.

April 14, 2009

A Three Mile Island Nuclear Generating Station 2009 Radiological Emergency Preparedness Exercise took place in Lebanon County PA.

Five counties were at risk:  Cumberland, Dauphin, Lancaster, Lebanon, and York participated in the exercise, in cooperation with PEMA, to demonstrate their capability to mobilize appropriate staff, activate their respective Emergency Operations Centers (EOCs) and implement emergency response operations to include sheltering and/or evacuation.  Adams, Franklin, and Schuylkill counties participated in their assigned support roles.  Actual sheltering of the general public was simulated.

The responders should not be so tied to a plan that they cannot take actions that are more protective of the public.

Dan Kaufman is the EMA director.  Commissioners Carpenter and Litz were on site.  Jamie Wolgemuth is the Public Information Officer.  Representatives from the Red Cross, State Police, Lebanon County Conservation District, EMS, School Services, Transportation, and Public Works were also on hand.

 
      2009 TMI Drill  -Posted to You Tube

 

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At 15:59, an unusual event was called in, which elevated to an alert at 16:59.

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At 17:30, the HazMat team was dispatched to South Londonderry Township.

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At 17:35, South Londonderry Township EMC paged their staff to report to their EOC.

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17:35 Law enforcement was contacted to inquire if they have unmet needs.  Dispatched troop to assigned strategic areas.

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South Londonderry Township EOC is activated.

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18:00 News release from PEMA on status of TMI released to County PIO.

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18:17 Stations 2 & 3 Lawn EMS paged to respond to Station 2.

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18:25 Update status to  Site Area Emergency--Loss or potential loss of the fission product barriers.

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18:30 Notified South Londonderry Township of Site Area Emergency.

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18:55 A regional phone call is scheduled with all impacted counties on the TMI hotline.

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Secretary of Agriculture Denis Wolff is instructing farmers to put animals indoors and feed and house them in shelters;  DOT restricted air space 3 miles and 200' around Power Plant; Public Utility restricted rail movement within 10miles of EPZ.  This is a drill.

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Requested a disaster reclamation from the Governor.  Will mobilize National Guard.  This is a drill.

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19:00 Lawn and Campbelltown are impacted in Lebanon County.  Dan Kaufman requested a disaster declaration from the Lebanon County Commissioners.  PEMA notified by fax.  This is a drill.

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Upper Lawn siren failed at Stouffer Road and Route 341.  Back up measures being taken.

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19:19 South Londonderry route alerting started.

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All boating and fishing in the area is restricted.

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Four calls came into Brett Lentz, our agricultural representative.  Contact EOC or USDA if in need of feed or water for your animals.

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Temporary antenna hooked up in South Londonderry.

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19:37  Notice came that the Governor Rendell has declared a disaster and provided a declaration.

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19:57 South Londonderry called to state that route alerting has been completed.

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20:15 Press briefing scheduled by Jamie Wolgemuth.

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20:10 Wind change--from 50 degrees 6.02 mph.

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20:13 General Emergency:  Escalated status--loss of 2 of 3 fission product barriers.  A potential loss of the third barrier is possible.  The State will issue protective actions shortly. FG1  This is a drill.

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20:35  Fish and Boat Commission issued boating restrictions around TMI.

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20:50 There was another conference call. Role call--Cumberland, Dauphin, Lancaster, Lebanon, York, Adams, Franklin, and Schuylkill all present.  Recommend an evacuation 360 degrees from zero to ten miles and general public emergency workers and special needs to take potassium iodide.  Two medical facilities in Dauphin to shelter in place. HMC and Spring Creek Rehab center, because they are close to 10 mile EPZ.

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Can counties support recommend evacuation?  Cumberland, yes.  Dauphin had a question about times, then said yes. Lancaster and Lebanon and York OK.  Support Counties:  Can you support mass care shelters and receive evacuees.  All support counties said yes.  Coordinate sounding of the sirens at 21:00 for public notification.  Time check 20:54  21:10 Counties will simulate sounding sirens for three minutes.  21:13 State EOC simulates EAS.  Governor has announced that General Emergency exists, and recommends evacuation within 10 miles.  Release of radioactivity has occurred. Wind is 49.3 degrees at 5.9 mph.  State EOC will select and provide EAS announcement with instructions to administer potassium iodide. 

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Cumberland:  Is the directive for KI from the Secretary of the Department of Health?  Yes.

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Counties will support simulation of siren sounding.  Call concluded.  This is a drill.

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21:08 Humane Society called to handle pet evacuees.

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21:11 Written authorization came from DOH to issue KI.

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21:15 American Red Cross had a call from a special needs person who is not in the EPZ.  Tell her to shelter in place.  Close the windows and turn off the air conditioning.

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Bill Sullivan received a Transportation message from another person requesting transportation, but they were not in the EPZ.  Stay tuned to WLBR radio 1270 for updates.

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State Police checked on a call that came to Lebanon about a lost boater and his son in Bainbridge.

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21:27  Call came in.  Have our goals and objectives been met?  If so, contact PEMA.  Request to stand down.  Do evaluators have anything to cover?  South Londonderry called. 

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Must wait for PEMA to gather information from all counties before standing down.

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21:45  Drill terminated.

April 9, 2009

On behalf of the commissioners both in Lebanon County and across the state of PA,  Commissioner Litz attended the 10AM State Farmland Preservation Board meeting in Harrisburg.  Arriving at the Agricultural building at 8:30AM, she was prepared for both the 9:30AM Lebanon County Commissioner's meeting via conference call and the State Farmland Preservation Board meeting where a team of Annville Cleona FFA members were making a presentation.  However, when she called into the meeting, she was denied access by Commissioner Stohler.

Babac v. Pennsylvania Milk Marketing Board, 613 A.2d 551 (Penn. S.Ct. 1992)

The Pennsylvania Supreme Court has ruled the State Milk Marketing Board did not violate the Sunshine Act when it voted on a rate order by telephone conference call.  Two of the three members of the board were physically absent from the meeting but participated using speaker phones. The court held a quorum of the board either attended or participated in the official action. This satisfied the requirements of the Sunshine Act.

The court concluded a quorum of members can consist of members not physically present at the meeting, but who nonetheless participate in the meeting and that such a quorum can take official action, provided that both present and absent members can communicate with each other.

 
   PA Farm Preservation arguments  -Posted to You Tube

 

 

Summary of Lebanon County commissioner's meeting: 

On behalf of the Youth Advocate Program, William Sullivan, Juvenile Probation, presented a $500,000 JPO mentoring grant for approval.

James Holtry, Children and Youth, presented 2nd quarter invoices for approval.

Nick Yingst, Voter registrar, presented an electronic ballot for approval.  Sample ballots:

    2009 Primary - DEM - Ballot Style 9thWard.pdf              2009 Primary - REP - Ballot 9th Ward.pdf

    2009 Primary - DEM - Ballot Union.pdf                            2009Primary - REP - Ballot Union.pdf

Based on recommendations by the Drug and Alcohol Council, Kay Litman, Bonnie Loy, and Marilyn Nolte were reappointed to the Advisory Council.  New appointments included Susan Killinger and Rosemary Milgate.

To pay principal and interest due on April 15, 2009, the following transactions occurred: 

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$206,661.33 was moved from the General Fund to Wachovia Bank;

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$4,707.91 was moved from the General Fund to Jonestown Bank;

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$266,523.75 was moved to the 2003 Bond and Coupon Account at Fulton Financial;

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$100,416.88 was moved from the General Fund to the 2004 Bond and Coupon Account at Fulton Financial.

An executive session on personnel took place.

April 2, 2009

Of note, Ed Kline, head of the Building Code inspectors, is retiring.  Commissioners thank and appreciate Ed for his many years of service to the County of Lebanon.

Polaris Students visit Lebanon Commissioner's meeting; Tourism update at LV EXPO -Posted to You Tube

 

 

Skills USA competition at the Lebanon Valley EXPO -Posted to You Tube

 

 

Michael Borrell, Social Studies Teacher at Polaris School in Lebanon PA, brought his students to the Lebanon County Commissioner's meeting.

Teresa Trainer and Kathy Verna highlighted Probe's financial literacy program.

Voter Registrar Nick Yingst presented absentee ballot layouts for approval. 

Dennis Grumbein updated commissioners, ambassadors, businesses, and the press about tourism in Lebanon County.  A map is included in the new addition of the Visitor's Guide, which can be viewed at http://www.visitlebanoncounty.com .

CCAP-County Commissioner's Association of PA Spring Conference Highlights -Posted to You Tube

                                               

 Technology by Alan Shark

 

    

March 26, 2009

James Holtry presented Children and Youth contracts for approval.  Berks County detention Center reduced their rates from $307.38 to $236.92 per day.

Commissioners accepted a grant award for the District Attorney's office to cover one person's salary and benefits for the last six months of 2008-$15,839; all of 2009-$31,677; and the first six months of 2010-$15,838.

5:13 EMA Towers-Alternate PSAPs -Posted to You Tube

Following up on comments made by Commissioner Stohler concerning an alternate Public Service Answering Point (PSAPs) at last week's meeting, Commissioner Litz took a field trip to visit EMA tower sites on the north and south mountains.  She also presented a Lebanon County EMA.pdf PowerPoint summary, and asked that Lebanon County move toward a fully functioning Alternate PSAPs.  (Please note a correction to the PowerPoint:  While the County owns and maintains the building, the City owns the Station 50 lot.  Therefore, we could not sell the lot.  The point is the same.  We could retire station 50.)

The PSAPs discussion is both needed and healthy. Lebanon County needs to be prepared with a fully functioning alternate PSAPs before the next disaster. Similar to the Civilian Conservation Corps (CCC) and Works Projects Administration (WPA) of the past, economic stimulus money could help to provide local jobs with a state of the art facility to host the PSAPs, an Emergency Operations Center (EOC), garage for vehicles and equipment, and a classroom for training; a secure room that is off site; or a mobile unit. Whatever form the alternate PSAPs takes; it must be properly equipped and meet directives from PEMA and FEMA.

At 11AM, the Housing and Redevelopment Authority broke ground for Mifflin Mills on 7th Street, a 20-unit development that people will rent to own.  Construction will begin in April.  Completion is expected in about six months.  Visit www.MifflinMills.com for more information.

 

March 18, 2009

Cedar Haven

Census:  87 males and 216 females for a total of 305 residents.

Administrator Schlegel reports that Cedar H