HomeMy WebLinkAbout2011-01-06 Commissioner Minutes
THURSDAY, JANUARY 6, 2011
The Franklin County Commissioners met Thursday, January 6, 2011, with the
following members present: David S. Keller, Robert L. Thomas and Robert G.
Ziobrowski. Chairman Keller presided and after calling the meeting to order, and the
Pledge of Allegiance proceeded with the business of the day.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the amended agenda and remove Salary Board from the agenda.
Bill Landis from Mercersburg provided public comment and expressed his
displeasure on how the Chairman has handled the past meetings. Mr Landis inquired as
to the status of the three questions raised at prior meeting. He stated that he will
continue to comment and will continue his persistence until his questions are answered.
Teresa Beckner, Fiscal Director met with the Board to answer a question that
was raised regarding the popular report. This question relates to the report illustrating a
minus amount in the revenue column. Ms. Beckner explained the popular report shows
all funds received by the county and not just the general fund. This report is not a
financial statement, it’s a report generated to make it easier to understand the county’s
budget. The amount in question includes fiduciary funds , worker compensation fund,
retirement fund, nursing home, and 911 wireless fund to mention a few. This money is
set aside to pay future expenses. Purpose of the adjustment is to balance expenses with
revenues. With prudent fiscal management for future expenses at times county has
more revenues than expenses.. In general these funds are dedicated to specific
expenses and can not be used for general operating expenses.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved all bills presented and ordered paid.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the minutes of December 28, 2010 and December 30, 2010
meetings.
The Board reviewed Commissioners Office matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Agreement of
Lease and Security Agreement for Payment of Rent between the County of Franklin and
James King for lease of approximately 266 square feet at Suite 405 at 14 North Main
Street, Chambersburg for a rent amount of $254.91 per month for 2011, $262.55 per
month for 2012, $270.42 per month for 2013, $278.53 per month for 2014, $286.88 per
month for 2015 and $295.48 per month for 2016.
The Board reviewed additional Commissioners’ Office matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved Letter to
Biondo Investment Advisors, LLC to terminate the Contract that was approved on
September 4, 2008 to manage the assets of the Franklin County Pension Fund.
The Board reviewed additional Commissioners’ Office matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved
Agreement between the County of Franklin and William Vandrew for lease of a parking
space located in the parking lot at Central Avenue and Montgomery Alley,
Chambersburg, PA at a cost of $30.00 per month for the period of January 1, 2011 and
will continue until terminated by either party upon thirty (30) days prior written notice
given to the other party.
Continued on page 2
The Board reviewed Mental Health matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved Report of Income and
Expenditures to Department of Public Welfare for Fiscal Years 2009-2010.
In accordance with PA Act 14, 67, 68 and 127 notifications, Red Barn Consulting,
Inc. notified the County of a Pennsylvania Department of Environmental Protection
NPDES Permit application being applied by Frank Barr for construction of a free stall
barn with milking center, a manure solids separator building and a circular concrete
manure storage tank on property located in Greencastle, PA.
Chairman Keller requested an addition to the agenda to answer a question that
Mr. Whitmore raised a few weeks ago. Mr. Whitmore asked about a group seeking
assistance for purchasing land. Mr. Keller explained that one request the County
received was from a group from Blue Ridge Summit to purchase land to create a historic
site for Monterrey Pass and the other was from The Conservation Fund seeking federal
funds to purchase forest land. These requests were not financial requests but asking
the County for letters of support only.
The Board met with the County Solicitor to review related matters.
Mary Beth Shank, County Solicitor asked the Board to approve a resolution to
authorize John Hart as the designee agent for execution of documents for the
management of real property located at 14 North Main Street, Chambersburg.
On a
motion by Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved
Resolution #2011-1, which is attached and made a part of these minutes.
Ms. Shank also asked the Board to approve a resolution authorizing the Tax and
Revenue Anticipation Note with Farmers & Merchants Bank. Proposals were requested
and two banks responded. On a motion by Robert L. Thomas, seconded by Robert G.
Resolution #2011-2, which is attached and made a
Ziobrowski; unanimously approved
part of these minutes,
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved to enter an executive session at 9:37 a.m. this date for the
purpose to review pending litigation of a Tax Assessment appeal matter. The Board
reconvened into regular session at 10:03 a.m.
Kim Eaton, Day Reporting Center Director was present to provide an overview of
the Day Reporting Center Study that was conducted by Shippensburg University. This
study will be posted on the County’s website.
The meeting was adjourned at 10:35 a.m. with a motion by Robert L. Thomas;
seconded by Robert G. Ziobrowski.
FRANKLIN COUNTY COMMISSIONERS
County of Franklin
Resolution No. 2011 -1
A RESOLUTION OF THE BOARD OF COMMISSIONERS, COUNTY OF
FRANKLIN, DESIGNATING THE COUNTY ADMINISTRATOR AS DESIGNEE
AGENT FOR EXECUTION OF DOCUMENTS FOR THE MANAGEMENT OF
REAL PROPERTY LOCATED AT 14 NORTH MAIN STREET,
CHAMBERSBURG, FRANKLIN COUNTY, PENNSYLVANIA.
WHEREAS, the Franklin County Board of Commissioners purchased real property and
improvements located at 14 North Main Street (hereinafter the "Complex "),
Chambersburg, Franklin County, Pennsylvania on November 20, 2010; and
WHEREAS, the Complex consists of office suites, storage facilities, and parking areas
currently leased or available for lease, as well as common areas; and
WHEREAS, from time to time, the execution of agreements and legal documents is
necessary for the lease, maintenance and management of said areas in the Complex; and
WHEREAS, the Board of Commissioners desires for the county administrator to be
authorized to handle such day -to -day business and legal affairs pertaining to the Complex
on behalf of the County;
NOW, THEREFORE, BE IT RESOLVED AND ENACTED this 6th day of January,
2011, by the Board of Commissioners of the County of Franklin and Commonwealth of
Pennsylvania as follows:
The county administrator is authorized to sign as the Board of Commissioners' agent, any
and all paperwork for the lease of office and professional space, parking stalls, routine
and emergency maintenance, and routine business and legal matters the County must
undertake as property owner of the Complex, unless otherwise mandated pursuant to
County Code.
ATTEST COUNTY OF FRANKLIN
Mary Beth hank David S. Keller, Esq., Chairman
County Solicitor Board of Commissioners
Robert L. Thomas
Commissioner
Robert G. rob wski
Commissi r
County of Franklin
Resolution 2011 -2
RESOLUTION AUTHORIZING
TAX AND REVENUE ANTICIPATION NOTE
WHEREAS, Franklin County, Pennsylvania, hereinafter called the Local Government Unit,
anticipates current revenues as yet uncollected; and
WHEREAS, the said Local Government Unit has determined that it is necessary and
appropriate to borrow for the purpose of meeting certain current expenses by issuing a note to
be repaid from said anticipated revenues; and
WHEREAS the Farmers and Merchants Trust Company, a licensed Pennsylvania banking
facility with principal offices in Chambersburg, Pennsylvania, has submitted to the said Local
Government Unit a proposal to purchase a tax and revenue anticipation note of the Local
Government Unit and the Local Government Unit desires by the adoption of this resolution to
accept such proposal and authorize the issuance and sale of its tax and revenue anticipation
note;
NOW THEREFORE, BE IT RESOLVED AND ENACTED, this 6 th day of January, 2011, by
the Board of Commissioners of the County of Franklin as follows:
(1) The Local Government Unit hereby authorizes the issuance of a tax and revenue
anticipation note in the amount of One Million Five Hundred Thousand Dollars
($1,500,000.00) in anticipation of the receipt of current taxes and revenues to be sold at
private sale.
(2) The note shall be in the denomination of One Million Five Hundred Thousand
Dollars ($1,500,000.00), shall be redeemable at any time at the option of the officers of the
Local Government Unit without penalty or premium, shall be fully registrable as to principal
but not registered and without coupons, shall be dated January 3, 2011, bearing interest at a
fixed rate of two and zero third (2.03 %) percent. In no event shall interest exceed the
maximum annual rate allowed by law. It is agreed that this interest rate is tax -free. This note
shall mature on December 31, 2011, and shall be payable, in full, on or before said date at the
Chambersburg Office, of Bank, at 20 S. Main Street, Chambersburg, Pennsylvania.
1
(3) The proposal of the Farmers and Merchants Trust Company dated December 9,
2010 to purchase the note is hereby accepted and shall be incorporated into the minutes of this
meeting. A true and correct copy of the said Proposal is attached hereto as Exhibit B, and the
appropriate executive officers are hereby authorized and directed to execute and deliver a
duplicate original of the acceptance of said proposal to the Bank.
(4) The County of Franklin, the Local Government Unit, hereby pledges to the Bank
and grants to the Bank a first lien and charge on its taxes and revenues to be received during
the period when the note is outstanding to secure the payment of the indebtedness evidenced
hereby and the interest thereon.
(5) Payment of principal and interest shall be made in the following amounts and on
the following dates:
Franklin County shall be obligated to pay this loan immediately upon Bank's demand
but in all events on or before December 31, 2011. In addition, Franklin County shall pay
regular monthly installments of all accrued and unpaid interest due as of the first day of each
month, beginning February 1, 2011, with all subsequent interest payments to be due on the
same day of each month thereafter during the term of this note.
(6) The Franklin County Board of Commissioners shall be, and they hereby are
authorized and directed to execute and deliver in the name of, on behalf of, and under the seal
of the County, the tax and revenue anticipation note in the form and containing terms
described above, and the Chief Clerk of Franklin County be and hereby is authorized and
directed to attest the same.
(7) The Franklin County Board of Commissioners shall be and they hereby are
authorized and directed to prepare or cause to be prepared and to file a Certificate as to Taxes
2
and Revenues to be Collected as required by Section 506 of the Local Government Unit Debt
Act. A true and correct copy of said Certificate is attached hereto as Exhibit C.
(8) The Franklin County Board of Commissioners shall be and they hereby are
authorized and directed to perform all acts which are necessary and proper for the valid
issuance and securing of the note.
IN WITNESS WHEREOF, the undersigned has hereunto set their hands and affixed
the seal of Franklin County this 6th of January, 2011.
FRANKLIN COUNTY PENNSYLVANIA
BOARD OF COMMISSIONERS
Attest:
(Corporate Seal) /
\. Y
David S. Keller, Esq., Chairman
ohn. Hart, Chief Clerk
By
Robert L. Thomas
B
Y
Robert G. Ziob " i
3
CERTIFICATION
I, John A. Hart, Chief Clerk of Franklin County, Pennsylvania, hereby certify that the
foregoing is a true and correct copy of a resolution, duly adopted by the majority vote of the
Franklin County Board of Commissioners, at a meeting duly held on the 6th day of January
2011, and that the minutes of said meeting showing how each member voted have been duly
recorded in the official minutes of the Franklin County Board of Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of
January, 2011.
ohn i . �Hart,Chief Clerk
4
Exhibit A
FRANKLIN COUNTY, PENNSYLVANIA
Tax and Revenue Anticipation Note
Series 1 of 2011
$1,500,000.00
The Board of Commissioners of Franklin County, Pennsylvania, hereinafter called the
Local Government Unit, intending to be legally bound, promises to pay to the order of the
Farmers and Merchants Trust Company of Chambersburg, (hereinafter 'Bank ") at its office at
20 S. Main Street, Chambersburg, Pennsylvania 17201 on or before December 31, 2011, the
lesser of One Million Five Hundred Thousand Dollars ($1,500,000.00) or such amount up to
but not exceeding One Million Five Hundred Thousand Dollars ($1,500,000.00) as shall have
been borrowed against this note and remains outstanding as of any payment date on or before
December 31, 2011, in such coin or currency as at the place and time of payment is legal
tender for the payment of public and private debts, with interest thereon from the date hereof
on the unpaid principal balance from time -to -time outstanding bearing interest at a fixed tax -
free rate of 2.03 %.
Payment of the indebtedness evidenced hereby may be anticipated in whole or in part
at any time and from time -to -time without penalty or premium.
The indebtedness evidenced hereby is a borrowing in anticipation of current taxes and
other current revenues to be received during the fiscal year ending December 31, 2011, and is
to be repaid from revenues received by the Local Government Unit during said fiscal year.
The Local Government Unit hereby pledges to the Bank and grants to the Bank a first
lien and charge on its taxes and revenues to be received during the period when the note is
5
outstanding to secure the payment of the indebtedness evidenced hereby and the interest
thereon.
Payment of principal and interest shall be made in the following amounts on the
following dates:
Franklin County shall be obligated to pay this loan immediately upon Bank's demand
but in all events on or before December 31, 2011. In addition, Franklin County shall pay
regular monthly installments of all accrued and unpaid interest due as of the first day of each
month, beginning February 1, 2011, with all subsequent interest payments to be due on the
same day of each month thereafter during the term of this note.
This tax and revenue anticipation note is executed and delivered pursuant to resolution
adopted by the Local Government Unit upon the affirmative vote of at least a majority of its
members at a meeting held on January 6, 2011, and after filing with the Department of
Community and Economic Development of the Commonwealth of Pennsylvania the
documents required by Section 508 of the Local Government Unit Debt Act.
BOTTOM OF PAGE LEFT INTENTIONALLY BLANK
6
IN WITNESS WHEREOF, the undersigned has hereunto set their hands and affixed
the seal of the Local Government Unit this 6 day of January, 2011.
FRANKLIN COUNTY PENNSYLVANIA
BOARD OF COMMISSIONERS
Attest:
(Corporate Seal)
By - Z
David S. Keller, Esq., Chairman
By 1
Robert L. Thomas
0
Bf
Robert G. Zio�ro ski
By
Jo A. Tart, Chief Clerk
7
www.Im trustonl'iue.com
- IE E1VEE
U-Eulftzo TRUST
FRANKLIN COUNTY
December 9, 2010 COMMISSIONERS
John A. Hart
Chief Clerk/County Administrator
Franklin County Commissioners Office
14 North Main Street
Chambersburg, PA 17201
Dear John:
Per your letter, the following is Farmers and Merchants Trust Company of Chambersburg's ( "F &M
Trust ") financing proposal for a line of credit in the amount of $1,500,000.00 to Franklin County:
Borrower County of Franklin
Amount $1,500,000.00
Facility Revolving Line of Credit
Type Tax and Revenue Anticipation Note (Federally Tax Free)
Interest Rate Options
Tax Free Interest Rate Options
Floating — The interest rate will float at a variable rate of interest
equal to Sixty Six Percent (66 %) (of the New York Prime Rate
(currently 3.25 %), in effect from time to time, and subject to change
when and as the New York prime rate changes, less 50 basis points)
W'
i
h a floor of 2.570'
OR
The interest rate will be fixed for the term of the loan at 2.03%
Taxable Interest Rate Options
Floating — The interest rate will float at a variable rate of interest
equal to the New York Prime Rate (currently 3.25 %), in effect from
time to time, and subject to change when and as the New York prime
rate changes, less 50 basis points with a floor of 3.90%
OR
The interest rate will be fixed for the term of the loan at 3.07%
717 - 264 -6116 888 - 264 -6116 P.O. Box 6010 Chambersburg, PA 17201 -6010
���`� B FINANCIAL SOLUTIONS... FROM PEOPLE YOU KNOW
Term 12 months; January 1, 2011 through December 31, 2011
Repayment Interest monthly on the outstanding balance, principal due at maturity
Prepayment Penalty None
Collateral Unsecured
Fees None
Conditions Receipt of annual CPA prepared audit of the county
Deposit Relationship Deposit Account Provision and Costs that are currently in place
would remain in effect through 2011
On behalf of F &M Trust I would like to thank you for the opportunity to present this financing
proposal. Should you have any questions or if I can be of further assistance please do not hesitate to
call.
With kindest regards, I remain
Very truly yours,
Michael E. Kugler
Senior Vice President
MEK/kmb
Exhibit C
CERTIFICATE OF TAXES AND REVENUES TO BE COLLECTED
Pursuant to Section 506 of the Local Government Unit Debt Act, the Board of
Commissioners of Franklin County, Pennsylvania (hereinafter the "Local Government Unit ")
hereby certify that:
1. The undersigned have carefully estimated that the following amounts of moneys
will be received from taxes presently levied and assessed, and other revenues to be received
(including subsidies and reimbursements) during the following months in the fiscal year
ending December 31, 2011.
AMOUNT
DATE (in millions)
January $6.3
February 4.5
March 11.2
April 15.9
May 17.5
June 5.9
July 7.3
August 6.0
September 5.2
October 6.1
November 9.4
December 9.8
TOTAL: $105.1
2. In making the foregoing estimate, the undersigned have considered the past and
anticipated collection experience of the Local Government Unit and current economic
conditions.
8
3. The amount of borrowing pursuant to tax and revenue anticipation notes in the
above - mentioned fiscal year, including the current obligation, does not exceed 85% of the
sum of the revenues.
IN WITNESS WHEREOF, the undersigned have set their hands this 6th day of
January, 2011.
FRANKLIN COUNTY PENNSYLVANIA
BOARD OF COMMISSIONERS
Attest:
(Corporate Seal)
By 2
David S. keller, Esq., Chairman
By
Robert L. Thomas
6
By -
Robert G. Ziobn"" i
B WA. J Chief Clerk
9