lawrence county commissioners'...
TRANSCRIPT
LAWRENCE COUNTY COMMISSIONERS' MEETING PUBLIC MEETING
MINUTES OF Tuesday, April 7, 2020
The Lawrence County Commissioners' Meeting was opened with the Pledge of Allegiance to the Flag followed by a Moment of Silence.
The Lawrence County Commissioners' Meeting of Tuesday, April 7, 2020, was called to order by Commissioner Morgan Boyd, at 10:00 am in the Commissioners' Public Meeting Room, Deputy Chief Clerk Vanessa Bayless called the Roll. Those in attendance were, Commissioner Dan Vogler, Commissioner, Morgan Boyd, Commissioner Loretta Spielvogel, Interim Chief Clerk Joe Venasco, Kristine Venasco and News none. It was stated for the record that the meeting is being taped. Those wishing to speak shall be given five minutes. If they need more time, they are to see the Chief Clerk at another time and he will arrange for them to meet with the Commissioners. Those speaking are to state for the record their names, addresses and the nature of their business.
ROW OFFICERS' REPORTS AND COMMENTS
Mr. Rapone, Treasurer left an updated report on incoming taxes. Commissioner Boyd read the report for the record.
GENERAL PUBLIC COMMENTS
None
FISCAL/CONTRACTUAL
A. Advertise for Bids: None
B. Receipt of bids/proposals: None
C. Fiscal report: None
D. Report on Quotes: None
E. Warrant Register:
1. March 31, 20202. April 4, 2020
Moved by Mr. Vogler, seconded by Ms. Spielvogel to accept and file the warrant registers. Motion carried 3-0.
APPROVAL OF MINUTES
1. The minutes of Tuesday, March 31, 2020
Moved by Mr. Vogler, seconded by Ms. Spielvogel to accept and file the minutes. Motion carried 3-0.
WRITTEN CORRESPONDENCE
Act 14 Notification for Project Westminster College-Men's Baseball Field New Wilmington, Lawrence County, PA
Moved by Ms. Spielvogel, seconded by Mr. Vogler to accept and file the written correspondence. Motion carried 3-0.
Proclamations and Certificates
None
Staff Report
None
COMMISSIONERS' COMMENTS
Ms. Spielvogel thanked everyone for doing their part and social distancing during the Corona pandemic. She reminded the citizens of the County to utilize 211 for services and thanked the taxpayers for making
their payments.
Mr. Vogler had no comments.
Mr. Boyd stated putting things into perspective, thankfully our County is doing alright. We unfortunately do have 24 cases and 2 deaths in the County. Other counties have much higher positive cases with
confirmed cases in nursing homes. We thankfully do not have any confirmed cases in nursing homes in Lawrence County. He is praying the spread does not grow and continues to slow in our County.
R E S O L U T I O N R-2020-070
WHEREAS. the County of Lawrence has a Personnel Policy for county employees that covers non-union employees and union employees to the extent that items are not subject to the union contracts, and
WHEREAS, there are some areas of the policy manual that contain policies that are not consistent with certain union contract provisions, and
WHEREAS, this creates situations with regard to the use of units of vacation, personal and sick leave where employees in the same office are permitted to take inconsistent units of time off, and
WHEREAS, this creates confusion for both employees and administrators with regard to the calculation of time off for sick days, personal days and vacation days.
NOW THEREFORE, BE IT RESOLVED BY THE LAWRENCE COUNTY BOARD OF COMMISSIONERS, that the Personnel Policy of the County shall be amended in the following manner:
1. Section 401, Paragraph 2, the last sentence shall be changed to state "Vacation can be taken in2 hour increments."
2. Section 401, Paragraph 4, the last sentence shall be changed to state "Personal days may betaken in 2 hour increments."
3. Section 403, Paragraph 2 the last sentence shall be changed to state "Sick days may be taken in1 hour increments.
4. Both Sections 401 and 403 shall be concluded with the following statement: "If you are coveredby a CBA please refer to your contract."
Moved by Mr. Vogler seconded by Ms. Spielvogel to amend the agenda. Motion carried 3-0.
Moved by Ms. Spielvogel, seconded by Mr. Vogler to approved said resolution. Motion carried 3-0.
A. On the Table: None
B. Remove from Table: None
C. For final action: None
ORDINANCES
ANNOUNCEMENTS
The next regular Commissioners' meeting is scheduled for 10:00 am, on Tuesday, April 14, 2020 in the Commissioners' Meeting Room of the Courthouse, located at 430 Court Street, New Castle, PA 16101. The same protocol will be followed as today and the public is welcome to submit questions to Commissioner Boyd via email.
PUBLIC COMMENTS
None
ADJOURNMENT
Moved by Ms. Spielvogel seconded by Mr. Vogler to adjourn the Lawrence County Commissioners meeting dated Tuesday, March 31, 2020 at 10:16 a.m. Motion carried 3-0.
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lt WJf'E'R'E.:AS, on :Marcfi 6, 2020, tfie (j<rVernor of 'Pennsyfvania issuecf a "'{ �.:-·;?,■,,.. � .'Proc{amation of Disaster 'Emergency; ancf . . .. � ii 1�. ·, .1WJf'E'R'E.:AS, on :Marcli 13, 2020, tfie 'Presicfent of tfie 11nitecf States cfec{arecf a •Iii.. � � ... :Nationa{ 'Emergency; ancf . �· . _ } , -:: --,.-■ � • : WJf'E'R'E.:AS, on :Marcfi 17, 2020, tfie Lawrence County 13oarcf of Commissioners � • � ■;-· .1111
issuecf a 'Proc{amation oif 'Disaster 'Emergency; ancf __ 4 •, ◄._ -..� t • .. ....-�■, WJf'E'R'E.JlS, on :Marcfi 19, 2020, tfie §<rVernor of 'Pennsy{vania orcferecf a{{ non-{ife sustaining 6usinesses in 'Pennsy{vania to cCose yfiysica{ Cocations; ancf _ .•• }!· _..J \ .. -
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l •r . 4• WJf'E'R'E.:AS, on :Marcfi 31, 2020, tfie §<rVernor of 'Pennsy{vania issuecf a stay-at- . ·' J . liome orcfer for a{{ resicfents of Lawrence County; ancf . __ _ _ i'!"$. :.,. ' · _ .. WJf'E'R'E.JlS, tfie (j<rVernor of 'Pennsy{vania lias cfeJinecf {ife sustaining ancf non-{ifesustaining 6usinesses ancf emyfoyees; ancfWJf'E'R'E.:AS, {ife-sustaining emy{oyees are requirecf to yerform jo6 cfuties consitferecfessential inc{ucfing functions wliicli require yro{ongecf interaction witfi mem6ers oftfie yu6Cic or infectecf incfivicfua{s across 'Pennsy{vania; ancfWJf'E'R'E.:AS, essentia{ emyfoyees are on tfie front Cine of tfie figfit against COYJ'D-19;ancfWJf'E'R'E.:AS, tfie Lawrence County 13oarcf of Commissioners cfesires to recognize and"commencf a{{ Lawrence County essentia{ emyfoyees; ancf
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RESOLUTION R-2020-
WHEREAS on March 18, 2020 United States Congress enacted the FAMILIES FIRST
CORONAVIRUS RESPONSE ACT to expand paid sick leave for employees affected by the Coronavirus Pandemic, and
WHEREAS the EMERGENCY PAID LEAVE ACT and the EMERGENCY FAMILY AND
MEDICAL LEAVE EXPANSION ACT portions of the FFCRA provide that employer will provide additional paid sick leave for employees in various situations created by the coronavirus pandemic, and Secretary of Labor was given the authority to issue regulations to exclude certain healthcare providers in emergency responders from the provision of the Act, and
WHEREAS the Secretary of Labor has provided regulations and one such regulation is that the employer can opt out of providing coverage for certain individuals, and
WHEREAS the regulations provide that employers may opt out of providing the coverage
for certain employees such as emergency responders whose services are needed to limit the spread of COVID-19 and provide essential services, and
WHEREAS the term "emergency responders" as used in this Act includes correctional institution personnel, emergency management personnel, 911 operators, child welfare workers, and public health personnel, and
WHEREAS the administration of the Lawrence County Jail has determined that all of the employees currently working at the jail are necessary for the safe operation of the facility including the prevention of COVID-19 within the facility, and
WHEREAS the term includes the administration as well as all of the workers at the jail with the exception of certain counselors who are working under a grant program and are being paid completely with grant money, and
WHEREAS the administration of Lawrence County Children and Youth Services, Mental Health/Developmental Services, and the Department of Public Safety (including the 911 call center) have determined that all employees currently working in those departments are necessary for the continued operation of essential services required to ensure the continued safety and wellbeing of the people of Lawrence County, and
WHEREAS the employees of the correctional institution are necessary for the operation of the facility which operates 24 hours a day and must be completely manned at all times to ensure the safety of the facility.
NOW THEREFORE the Commissioners of Lawrence County have determined that the
employees, including administration, corrections officers, office staff and all other personnel of the Lawrence County Jail are necessary for the operation of the facility, and therefore the County of Lawrence hereby opts out of the additional paid sick leave provisions of the FFCRA pursuant to the regulations as established by the Secretary of Labor.
NOW THEREFORE the Commissioners of Lawrence County have determined that the employees, including administration, office staff, and all other personnel previously determined to be essential employees by the Director of Public Safety, the Director of Mental Health/Developmental Services, and the Director of Lawrence County Children and Youth Services
are necessary for the continuation of essential, emergency services, and therefore the County of Lawrence hereby opts out of the additional paid sick leave provisions of the FFCRA pursuant to the regulations as established by the Secretary of Labor.
Approved this __ day of April, 2020
Vote: Yeas Nays
Certified this __ day of April, 2020
Joseph Venasco, Interim Chief Clerk/County Administrator
RESOLUTION R-2020-
WHEREAS, on March 17, 2020 the Board of Commissioners of Lawrence County declared a
disaster emergency due to the COVID-19 pandemic by Resolution R-2020-062; and
WHEREAS, the disaster emergency declaration permits the Board of Commissioners to make
various decisions and take various action in response to the emergency without formal
requirements and procedures; and
WHEREAS, the Board of Commissioners exercised their authority under said declaration relative
to several matters; and
WHEREAS, the Board of Commissioners wishes to formalize the adoption of these various
policies for the benefit of the citizens and employees of Lawrence County.
NOW THEREFORE the Commissioners of Lawrence County adopt the following policies:
1. All county employees deemed non-essential by their Row Officer or Department Head
as of March 19, 2020 are not to report to work effective March 20, 2020. All county
employees receive full pay for March 20, 2020. Essential employees who were required
to work on March 20, 2020 also receive one (1) comp day.
2. Effective March 23, 2020, non-essential employees are permitted to utilize any
combination of sick, personal, and vacation time until called back to work, or said
employees may elect to apply for unemployment benefits.
3. Additional county employees deemed non-essential by their Row Officer or Department
Head as of March 26, 2020 are not to report to work effective March 27, 2020. Said
employees receive full pay for March 27, 2020. Essential employees who were required
to work on March 27, 2020 receive a comp day, with the exception of employees of
essential departments, including Corrections, the Coroner's Office, Children and Youth
Services, Mental Health/Developmental Services, and the Lawrence County Emergency
Operations Center.
4. Effective March 30, 2020, the additional non-essential employees are permitted to utilize
any combination of sick, personal, and vacation time until called back to work, or said
employees may elect to apply for unemployment benefits.
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5. All employees, whether using sick, personal, or vacation time or those who applied for
unemployment benefits, will continue to receive their healthcare benefits until called
back to work. The County will pay the employee contribution for healthcare benefits until
the employee is called back to work.
6. Perfect attendance bonus requirements are waived effective March 20, 2020 until the
County is no longer under a declaration of disaster emergency.
7. All employees who are using sick, personal, or vacation time as of April 10, 2020 will
receive full pay for that holiday. All employees who are receiving unemployment
benefits as of April 10, 2020, will receive a comp day upon their return to work.
8. The final day to use carry-over vacation days has been moved from April 1, 2020 to
June 30, 2020.
9. Any essential employee, whether or not they have been exempted from the Emergency
Paid Sick Leave Act or the Emergency Family and Medical Leave Expansion Act, who
has a medical notice that he or she is in quarantine, is waiting to receive a COVID-19
test, or waiting for results of a COVID-19 test will receive pay for the duration of his or
her quarantine or waiting period.
10. All employees employed by Lawrence County as of March 20, 2020, will be re-hired or
called back to work at end of this declaration of disaster emergency.
11. All employees employed by Lawrence County as of March 20, 2020 shall continue to
accumulate sick, vacation and personal days regardless of any lay-off status.
12. All policies stated above and declared by this Resolution shall remain in effect until
termination of the present declaration of disaster emergency or until further resolved by
the Board of Commissioners, but in no case shall any of the above-stated policies apply
after December 31, 2020.
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ORDAINED AND ENACTED into law at a ______ meeting of the Lawrence County
Board of Commissioners, duly assembled this_ day of April 2020.
ATTEST: LAWRENCE COUNTY BOARD OF COMMISSIOENRS
Morgan Boyd, Chairman
Joseph M. Venasco Interim Chief Clerk/Administrator
Daniel Vogler, Commissioner
Loretta Spielvogel, Commissioner
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RESOLUTION R-2020-0
Whereas, the Lawrence County Domestic Relations is in need of a maintenance agreement to cover the
F114 Fax Machine; and
Whereas, the Lawrence County Domestic Relations currently uses the services of DSSC Solutions
Company, and they are agreeable to provide maintenance to the F114 Fax Machine.
NOW, THEREFORE BE IT RESOLVED BY THE LAWRENCE COUNTY BOARD OF COMMISSIONERS; that:
1. DSSC Solutions Company, 1480 Dormont Avenue., Pittsburgh, PA 15216 will provide a
maintenance agreement for the Lawrence County Domestic Relations Department's fax
machine.
2. Costs will not exceed $411.00 for a one year time period 05/2/2020 thru 5/1/2021.
Approved this 14th day of April, 2019
Vote: Yeas Nays
Certified this 14th day of April, 2019
Joseph Venasco, Interim County Administrator/Chief Clerk
RESOLUTION R-2020-
Whereas, budgets cannot always anticipate every extraordinary, ordinary, or contingency situation which arises throughout the fiscal year; and
Whereas, Section 1784 of the County code permits the Commissioners by resolution to authorize budget transfers from any encumbered balance; and
Whereas, the need to provide additional appropriations to certain accounts now exists.
NOW, THEREFORE, BE IT RESOLVED BY THE LAWRENCE COUNTY BOARD OF COMMISSIONERS, that:
1. Authorization is hereby given to the appropriate administrative officials totransfer a total of $150.00 described in detail on the attachment(s) designatedas T-2020-001.
APPROVED this 14th day of April, 2020
Vote: Yeas_ Nays_
Certified this 14th day of April, 2020
Joseph Venasco, Interim Chief Clerk/County Administrator
ORIGINAL: CONTROLLER 1 COPY: YOUR COPY
REQUEST FOR TRANSFER OF FUNDS
All requests for transfers MUST be taken to the Controller's for review. Controller will forward to Commissioners' Office.
DEPARTMENT: CONTROLLER DATE:
REASON FOR TRANSFER: ANNUAL DUES TO PSACC REQUEST NO.
04/10/20
DETAILED EXPLANATION FOR TRANSFER REQUEST PSACC RAISED DUES FOR 2020 $150
TRANSFER FROM ACCOUNT
Acct.# 101415200.509000 Title !CONT-CONTINGENCY
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�\�Transfer Approved:
Transferred Denied:
AMOUNT
$1so.001
TOT AL AMOUNT
----
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Date:
Date:
TRANSFER TO ACCOUNT
01415200.501000 ASSOCIATION DUES
COMMISSIONERS' BILL NO. of 2020
ORDINANCE NO. __ of 2020
AN ORDINANCE AMENDING SECTIONS 1, 2, 4, 5, 8, 9, 11, 12, 13, 14, AND 16 OF
ORDINANCE NUMBER 113 OF 2001 SETTING FORTH THE RULES OF
CONDUCT AND ORDER OF REGULAR OF THE BOARD OF THE LA WREN CE
COUNTY COMMISSIONERS
A. SECTION 1 Regular Meetings IS REVISED AS FOLLOWS
The Regular meetings of the Board of County Commissioners shall be held every Tuesday
beginning at 10:00 a.m. unless otherwise advertised. However, when the day for any Regular
meeting of the County Commissioners falls on a designated holiday, such regular meeting shall
be canceled. The County Commissioners may, however, upon a majority vote of the whole
Board, reschedule such Regular meeting at its convenience.
B. SECTION 2 Caucus (Working) Meetings IS RESCINDED
C. SECTION 4 Place of Meetings IS REVISED AS FOLLOWS:
All regular and special meetings of the County Commissioners, except in the case of
emergencies, shall be held in the Commissioners' meeting room at the Government
Center except when meeting is scheduled at another location in the county. The County
Commissioners may on occasion schedule regular or special meetings in other locations within
Lawrence County.
D. SECTION 5 Meetings Open to the Public IS REVISED AS FOLLOWS:
All regular and special meetings of the County Commissioners shall be open to the public and
advertised in accordance with the "Sunshine Law".
E. SECTION 8 Introduction and Enactment of Ordinance Generally IS REVISED AS
FOLLOWS:
Subparagraph (E) IS RESCINDED.
Subparagraph (F) IS RESCINDED
Subparagraph (G) IS RESCINDED
Subparagraph (I) IS RESCINDED)
F. Section 9 Form of Ordinances and Resolution IS REVISED AS FOLLOWS:
Proposed ordinances shall be introduced to the Board of Commissioners as Commissioners' Bills
in the form as prescribed by the county solicitor, and they shall be numbered serially for the
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calendar year. All resolutions presented to the Board shall be submitted in the form as
prescribed by the county solicitor and they shall be numbered serially for the calendar year.
G. SECTION 10 Voting IS REVISED AS FOLLOWS:
The vote upon every resolution or ordinance shall be taken by roll call and the yeas and nays
shall be entered on the minutes. Each member of the Board of Commissioners shall vote on
every matter presented to the Board unless specifically excused or prevented therefrom by
provisions of general law. Unless a member of the Board is excused or prevented from voting,
his failure to vote shall be recorded as a "no" vote because a majority of the quorum must vote
affirmatively in order for a question to pass.
H. SECTION 11 Journal of Proceedings; minutes of meeting IS REVISED AS
FOLLOWS:
(A) The Board of Commissioners shall keep a journal of its proceedings, which shall
be in the possession of the Office of Chief Clerk. Upon every vote, the yeas and
nays shall be called and recorded by the Chief Clerk, or his or her designee.
Every motion, resolution, or ordinance shall be reduced to writing before the vote
is taken thereon. No member in attendance shall withhold his vote on any
measure, bill or question unless the Board of Commissioners excuses him or her
and enters the reason upon the journal.
I. SECTION 12 Agenda IS REVISED AS FOLLOWS:
All reports, communications, ordinances, resolutions, contract documents, petitions or other
matters to be submitted to the Board of Commissioners shall be filed in the Office of the Chief
Clerk no later than Friday at 1200 p.m. in order to be considered for placement on the agenda for
the regular meeting. In the case of a special or a rescheduled meeting, said items must be filed
no later 12:00 p.m. two (2) full business days in advance of the special or rescheduled meeting.
Documents and matter not received by the deadline will not be considered for the meeting. In
the case of emergencies, the County Commissioners may elect to waive this requirement at the
discretion of the Chairman.
The Office of Chief Clerk shall promptly arrange an agenda of such matters according to the
order of business. The Office of Chief Clerk shall furnish each member of the Board of
Commissioners, the solicitor, and all department head and row officers with a copy of the same
delivered the day before the meeting.
J. SECTION 13 Order of Business IS REVISED AS FOLLOWS:
The order of business of the Board of Commissioners meetings shall be as follows:
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I. Opening Exercises
A. Call to order
B. Pledge of Allegiance and Moment of Silence
C. Roll Call
D. Explanation of Procedures to Audience
II. Row Officers Reports and Comments
III. Public Comments
IV. Fiscal and Contractual
A. Advertise for Bids/Proposals
B. Receipts of Bids/Proposals
C. Fiscal Reports
D. Report on Quotes
E. Warrant Register
V. Minutes and Correspondence
A. Approval of Minutes
B. Presentation of Written Communications
VI. Proclamations and Certificates
VII. Reports
A. Staff Reports
B. Commissioner Reports and Comments
VIII. New Business
IX. Resolutions
X. Ordinances
XI. Announcements
XII. Public Comment
Xlll. Adjournment
K. SECTION 14 Meeting Packet IS REVISED AS FOLLOWS:
The Office of Chief Clerk working with the Chair of the Board of Commissioners shall be
responsible for the preparation of the meeting packet. Each packet shall contain as a minimum
copies of all correspondence, minutes of previous meetings, resolutions, and ordinances. Each
Commissioner shall receive a complete packet the day before the meeting.
L. SECTION 16 Permanent Standing Committee IS RESCINDED.
M. IN ALL OTHER REGARDS, THE PROVISIONS OF ORDINANCE 113 OF 2001
SHALL REMAIN IN FULL FORCE AND EFFECT.
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N. All ordinances or parts of ordinances conflicting with any of the provisions of this
Ordinance arc hereby repealed insofar as the same affects this Ordinance.
ORDAINED AND ENACTED into law at a ______ meeting of the Lawrence County
Board of Commissioners, duly assembled this __ day of April 2020.
ATTEST: LAWRENCE COUNTY BOARD OF COMMISSIOENRS
Morgan Boyd, Chairman
Joseph M. Venasco
Interim Chief Clerk/ Administrator
Daniel J. Vogler, Commissioner
Loretta Spielvogel, Commissioner
Introduced:
Advertised:
Enacted:
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