HomeMy WebLinkAbout2012-12-20 Commissioner Minutes
THURSDAY, DECEMBER 20, 2012
The Franklin County Commissioners met Thursday, December 20, 2012, 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, a Moment
of Silence, 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 to adopt the agenda.
Allen Piper provided public comment and wanted to wish everyone a Merry
Christmas and a Happy New Year.
Chairman Keller mentioned there was an expense check for some travel
expenses he incurred over the past couple months that he needs to abstain from voting
on this item. 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; approved the expense check for Chairman
Keller. Chairman Keller abstained from voting.
On a motion by Robert L. Thomas, seconded by Robert G. Ziobrowski;
unanimously approved the minutes of December 11, 2012 and December 13, 2012
meetings.
Chairman Keller announced there were two additional board action items for
today and asked John Hart, County Administrator, to explain them. Mr. Hart explained
item #6 which is software for the Information Services Department to help diagnose
network issues, provides for machine auditing and security, and helpdesk will be able to
reset computers and user accounts from a remote area. This is an update to what we
had before. Item #4 Tax Anticipation Note is for the Children & Youth account, this is a
loan obligation that we enter into so that the general fund is not floating funds upfront.
Proposals were received from banks that we do depositories with and we received four
proposals. F&M Trust provided the best option so staff is recommending signing the
paperwork with F&M Trust.
The Board reviewed Emergency Services matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of
the Board to execute the services agreement between the County of Franklin and
CenturyLink to provide web based tools to the Communications Center that will allow
dispatch and communications staff to generate reports and simplify the call problem
reporting process at a total cost of $4,500.00, paid for by wireline funds, for the period of
December 5, 2012 through December 4, 2015. There is no increase over last contract.
The Board reviewed additional Emergency Services matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the
Chairman of the Board to execute the Certification to PA Emergency Management
Agency to certify that the County will use 9-1-1 funds solely for the purpose as
designated by the Public Safety Emergency Telephone Act, the Statewide wireless E9-
1-1- Plan, the County’s 9-1-1 Plan and other applicable Commonwealth laws,
regulations and policies.
Continued on page 2
The Board reviewed additional Emergency Services matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved 2012-
2014 Franklin County Triennial Plan and Resolution #2012-27 which is a requirement by
PA Public Safety Emergency Telephone Act and indicates the intention of Franklin
County to maintain the access line subscription rate of $1.24. This E911 Plan will
provide PEMA with the information on the status of E911 service in every county and
allow PEMA to evaluate the overall cost to each 911 center.
The Board reviewed Fiscal matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved Resolution #2012-28
authorizing the Tax and Revenue Anticipation Note with Farmers & Merchants Bank.
Proposals were requested and four banks responded. F&M Trust provided the best
proposal when considering all criteria.
The Board reviewed Human Services Administration matters. On a motion by
Robert L. Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Third
Contract Amendment between the County of Franklin and South Central Community
Action Program to increase encumbrance for the HAP Rental Assistance Program in the
amount of $15,000.00 with a revised contract encumbrance total of $117,293.00. All
other terms and conditions of the original contract will remain in full force and effect.
The Board reviewed Information Services matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the quote from
PCMallGov to provide software to help diagnose network issues quickly as well as
monitor and provide machine auditing and security at a cost of $18,298.00. PCMallGov
is on the State Contract Price listing.
The Board reviewed Nursing Home matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved agreement addendum
between the County of Franklin and Karen George Nutritional Services, LLC to provide
dietician consulting services at the Falling Spring Nursing and Rehab Center for a cost
not to exceed $70,488.00. This addendum is to extend the contract period from January
1, 2013 through December 31, 2013.
The Board reviewed additional Nursing Home matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved for the Chairman of
the Board to execute the Contract Addendum for the contract dated December 1, 2008
between the County of Franklin and Lutheran Home Care & Hospice, Inc. to provide
routine hospice, hospice respite care and general inpatient care to Lutheran Hospice
clients in the FSNRC. This addendum is to correct the current contract wording under
Section I., A., 1., e., for when Hospice shall be contacted. All other terms and conditions
of the original contract will remain in full force and effect.
The Board reviewed additional Nursing Home matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the contract
between the County of Franklin and The Franklin Shopper to provide advertising of the
nursing home services bi-monthly in the “Golden Years Gazette” at a cost of $277.11 for
the period of January 1, 2013 to December 31, 2013.
The Board reviewed Property Management matters. On a motion by Robert L.
Thomas, seconded by Robert G. Ziobrowski; unanimously approved the Notice of Award
and Notice of Intent to Award to Cook’s Cleaning Service for the custodial services at
Magisterial District Judges Cunningham, Pentz, Rock and Eyer and M&T Bank Building
for a total cost of $1,696.00 per month. This was awarded and approved by the Board to
Cook’s Cleaning Service on Tuesday, December 11, 2012.
Continued on page 3
The Board reviewed Visitors Bureau matters. On a motion by Robert L. Thomas,
seconded by Robert G. Ziobrowski; unanimously approved the contract between the
County of Franklin and E.P. Graphics for printing 30,000 copies of the Franklin County
Visitors Guide and shipping the books to Franklin County Visitors Bureau and to PA on
Display to promote tourism of Franklin County in Pennsylvania, Maryland, West Virginia,
Virginia, New Jersey, and Washington DC, through February 11, 2013, at a cost of
$17,458.00, covered by the room tax revenues. Six quotes were received this was the
lowest qualified quote.
In accordance with PA Acts 67, 68 and 127 notifications, Carl Bert & Associates
notified the County of a Pennsylvania Department of Environmental Protection NDPES
Permit application being applied by Volvo Road Machinery, Inc. for development of a
53,000 square foot building with parking on property located in Southampton Township.
Teresa Beckner, Fiscal Director, met with the Board to review the 2012 expense
and revenue budget performance through October. Ms. Beckner advised most
departments are under budget except for a few where most variances relate to
personnel and benefit costs. She said general fund expenses are at 76.1% of budgeted
expenses through October and revenue side and tax collections revenues are consistent
when compared to budget as well as prior year performance. Ms. Beckner said
revenues are consistent through October and property taxes are at 93.6% of billing
through October compared to 92.8% of last year which is better than last year and the
five year average.
The meeting was adjourned at 10:05 a.m. with a motion by Robert L. Thomas;
seconded by Robert G. Ziobrowski.
FRANKLIN COUNTY COMMISSIONERS
County of Franklin
Resolution 2012-28
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 20th day of December, 2012,
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 Two Million Five Hundred Dollars ($2,500,000.00) 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 Two Million Five Hundred Dollars
($2,500,000.00), 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 1, 2013, bearing interest at a fixed rate
of three and twenty-one (3.21%) percent. It is agreed that this rate is taxable. In no event
shall interest exceed the maximum annual rate allowed by law. This note shall mature on
December 31, 2013, and shall be payable, in full, on or before said date at the Chambersburg
Office, of Bank, at 20 S. Main Street, Chambersburg, Pennsylvania.
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(3) The proposal of the Farmers and Merchants Trust Company dated November 30,
2012, 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, 2013. 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, 2013, 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
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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 201h day of December, 2012.
FRANKLIN COUNTY PENNSYLVANIA
BOARD OF COMMISSIONERS
Attest:
(Corporate Seal)
By '
� David S. Ke ler, Esq., Chairman
ohn . Clerk
By
Robert L. Thomas
By
Robert G. Ziobro s
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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 201h day of
December, 2012, 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 20th day of
December, 2012.
J hn . Hart, Chief Clerk
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Exhibit A
FRANKLIN COUNTY, PENNSYLVANIA
Tax and Revenue Anticipation Note
Series 1 of 2012
$2,500,000.00
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, 2013,the
lesser of Two Million Dollars ($2,500,000.00) or such amount up to but not exceeding Two
Million Dollars ($2,500,000.00) as shall have been borrowed against this note and remains
outstanding as of any payment date on or before December 31, 2013, 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 3.21%.
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, 2013, 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
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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, 2013. 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, 2013, 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 December 20, 2012, 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
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IN WITNESS WHEREOF, the undersigned has hereunto set their hands and affixed
the seal of the Local Government Unit this 201h day of December, 2012.
FRANKLIN COUNTY PENNSYLVANIA
BOARD OF COMMISSIONERS
Attest:
(Corporate Seal)
By
David S. Keller, Esq., Chairman
By
Robert L. Thomas
By
Robert G. Zio • wski
B
Jo JAart, Chief Clerk
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m.tmtrustoAke.com pff7n
TRUST
November 30, 2012
John A. Hart
Chief Clerk/County Administrator
Franklin County Commissioners' Officer
14 North Main Street
Chambersburg, PA 17201
RE: Financing proposal for Franklin County (The "County") providing a $2,500,000 commercial loan to
purchase the County's 2013 Tax and Revenue Anticipation Note.
Dear Mr. Hart:
I wish to thank you and the Borough for the opportunity to provide a financing proposal as requested in your
letter dated November 16, 2012.
I hope you find that our proposal meets, if not exceeds, your expectations and that you will provide me the
opportunity to seek approval for your request.
Please note that this is not an absolute commitment to lend but rather a general indication of the rates and
terms under which we would be willing to lend. As such, if you should have any questions please do not
hesitate to contact me.
Again, F&M Trust thanks you for the opportunity to provide this financing proposal.
Sincerely,
MC h h l f
ael J. Burin
TRUST.
Michael J ' UIll1 - Senior Vice President
FINANCIAL SOLtrrIONS.. Commercial Services
Senior Vice President FROM PEOPLE YOtJ KNOW Marke£Maaager<
Commercial Services Market Manager
i F i E
Memorial Square Office° X71 2613518'
20 South Main Street cell 1
PO Box 6010 t, v 377,,1337
Chambersbutg PA 17201 .> _(71�264 C11G 1
a Nw -fmtrustonline.com _ * 'n17)261-3688 s
michael,budnbf-mtrust.com
717-264-6116 888-264-6116 Fina ca.goXr sal for Chambersburg,PA 17201-6010
FINANCIAL SOLUTIONS ... FROM PEOPLE YOU KNOW
Franklin County (the "County")
Presented by
Farmers and Merchants Trust Company of Chambersburg ("F&M Trust")
November 30, 2012
Borrower: Franklin County (the "County")
Debt Type: 2013 Tax and Revenue Anticipation Note
(Revolving Commercial Line of Credit for working capital needs of Children
& Youth Services Program)
Principal Amount: $2,500,000
Tax Status: Taxable or Tax Exempt
Amortization: Interest shall be calculated on an Actual/360 day basis
Interest Rate: Bank Qualified Tax Free—2.14% fixed for term
Fully Taxable—3.21% fixed for term
Commitment Fee: $500 all inclusive fee
Prepayment: No prepayment penalty
Purpose: Tax and Revenue Anticipation Note
Structure: Interest only payments due monthly, principal due at maturity or call for
redemption, as applicable.
Security: The Note will be secured by a full faith and credit guarantee from the County
Maturity: December 31, 2013
Professional Fees: The costs of the County's professionals and preparation of loan documents will
be paid by the Borough from the Note proceeds.
Settlement: On or about December 31, 2012
Conditions/Covenants: Outlined as follows:
1) Receipt of annual audited financial statement of the Borrower
2) Deposit relationship which includes a line sweep and ACH facility to be
maintained with F&M Trust under the existing pricing structure.
3) Opinions of counsel as may be required.
4) Additional conditions and covenants may be determined during the
approval process
It is hereby expressly acknowledged and understood that the terms and conditions outlined herein are for
discussion purposes only and does not constitute final loan approval. Rather, if the foregoing terms and
conditions as contained in the proposal are acceptable to you, F&M Trust will seek approval and present to
the Borrower a formal commitment letter which will further detail the terms and conditions of the
contemplated loan.
On behalf of F&M Trust I would like to thank you for the opportunity to present this financing
proposal.
Michael Bunn
Senior Vice President
Commercial Services Market Manager
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, 2012.
DATE AMOUNT
(n millions)
January $ 5.0
February $5.8
March $10.5
April $16.3
May $19.6
June $5.4
July $7.3
August $5.4
September $4.9
October $6.4
November $4.1
December $2.2
TOTAL: $92.90
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.
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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 20th day of
December, 2012.
FRANKLIN COUNTY PENNSYLVANIA
BOARD OF COMMISSIONERS
Attest:
(Corporate Seal)
By
David S. Keller
By -;i�_
Robert L. Thomas
By ; ls'
Robert G. iobrowski
By
Jo art, Chief Clerk
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