April 15, 2008
TUESDAY: A Regular Meeting of the Somerset County Board of Commissioners was held at 10:50 a.m. in the Commissioners’ Board Room.
PRESENT: Pamela A. Tokar-Ickes, John P. Vatavuk, and
Approve
Minutes
Motion
by
The
vote was unanimous. Motion carried.
Approve Payment of Bills
Motion by
The vote was unanimous. Motion carried.
Award
Bid –
Motion by
Change Order 3 –
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Travel Requests
Motion
by James C. Marker, seconded by John P. Vatavuk to approve the following travel
requests:
requests for David Meyers
of Adult Probation to attend the Defensive Tactics Instructor Recertification
Course on April 15-17, 2008 in Monroeville,
Pennsylvania; for Walter Fela, Edward Bakale, Robert Landis, Sean Dolan, Lester
Custer, and Michael Visinsky of Adult Probation to attend the Community Corrections Conference
on May 5-7, 2008 in State College, Pennsylvania; for Kim McLaughlin, Carol
Mullen, and Lester Custer of Adult Probation to attend the PCCD Technology
Conference on May 7-8, 2008 in State College, Pennsylvania;
requests for Tracey Cook
of the District Attorney’s Office to attend the Training – Intersections:
Stalking & Technology on April 30, 2008 – May 2, 2008 in State College,
Pennsylvania; and for
request for Donna Schmitt,
request for Charles
Crimone of Children and Youth Services to attend the PCYA Conference on March 25-28,
2008 in
request for Arthur
DiLoreto of the Area Agency on Aging to attend the P4A Quarterly Meeting on
April 16, 2008 in
request for Vince Pavic
and
request for Kenneth
Johnson of the Public Defender’s Office to attend the Public Defender Seminar
on April 24-25, 2008 in
request for Patricia
Brant,
The vote was unanimous. Motion carried.
Tax Claim Bureau
Motion by
Name: Shamel James
Amount: $110.00
Owner: MF Land Co., Inc.
Address: RD
1,
Grantor: Martin Marietta Corp et al
Location
of Property:
Description of Property: 133 A Min All Coal
The vote was unanimous. Motion carried.
Motion by
Name: Adrienne Weyandt
Amount: $502.50
Owner: William Bruce Naughton
Address: c/o
Evelyn Henry, Rear
Grantor: William Harvey Naughton Est
Location
of Property:
Description of Property: ½ Int 58 A B Min 14 A Exh
The vote was unanimous. Motion carried.
Motion by
Name: Shamel James
Amount: $110.00
Owner: MF Land Co., Inc.
Address: RD
1,
Grantor: Martin Marietta Corp et al
Location
of Property:
Description of Property: 133 A Min All Coal
The vote was unanimous. Motion carried.
Area Agency on Aging
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion
by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by
The vote was unanimous. Motion carried.
Probation Department
Motion by John P.
Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P.
Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P.
Vatavuk, seconded by
The vote was unanimous. Motion carried.
Information Technology
Motion by
The vote was unanimous. Motion carried.
Public Defender’s Office
Motion by John P.
Vatavuk, seconded by
The vote was unanimous. Motion carried.
Emergency Management Agency
Motion by
The vote was unanimous. Motion carried.
Assessment Office
Motion
by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P.
Vatavuk, seconded by
The vote was unanimous. Motion carried.
Domestic Relations Department
Motion by
The vote was unanimous. Motion carried.
Children & Youth
Services
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by
The vote was unanimous. Motion carried.
Motion by
The vote was unanimous. Motion carried.
Motion by James C. Marker, seconded by John P. Vatavuk adopt Resolution No. 10 of 2008 approving the Authorized Official to submit grant applications and assign roles for public transportation grants between the PENNSYLVANIA DEPARTMENT OF TRANSPORTATION and the County of Somerset through dotGrants as follows:
RESOLUTION AUTHORIZING THE
SUBMITTAL OF A
FINANCIAL ASSISTANCE
APPLICATION
BE IT RESOLVED, by the authority
of the Board of Commissioners of the County of Somerset that Jeff Masterson of
the Community Action Partnership/Somerset County Transportation System be the
Authorized Official (AO) and directed to submit grant applications and assign roles within
dotGrants on its behalf.
I,
ATTEST:
/s/ CAROLYN ZAMBANINI /s/ PAMELA A. TOKAR-ICKES
Chief
Clerk Chair
of Board of Commissioners
The vote was unanimous. Motion carried.
Jeff Masterson, Director of the Community Action Partnership/Somerset County Transportation System stated that a local church, which would like to remain anonymous, has donated $2,500.00 as a challenge grant to the community towards the $7,500.00 shortfall in funding for the Somerset County Transportation System.
Great Allegheny Passage
Commissioner James C. Marker stated that the Rockwood Trailhead Improvement Project will include a bathroom facility and redesign of the crossing for safety issues. The Rockwood Trailhead was the first trailhead completed and the heaviest used on the Great Allegheny Passage.
Motion by James C. Marker,
seconded by John P. Vatavuk to submit an application to the DEPARTMENT OF
COMMUNITY AND NATURAL RESOURCES in the amount of $452,000 (50% match) and to
adopt Resolution No. 11 of 2008 for the Great Allegheny Passage – Rockwood
Trailhead Improvements as set forth at length in the Resolution Book.
The vote was unanimous. Motion carried.
Somerset Conservation District
Motion by John P. Vatavuk, seconded by James C. Marker to rescind the motion adopted at the meeting on March 18, 2008, to approve the Lease Agreement between the County of Somerset and the DAY AUTOMOTIVE GROUP of Monroeville, Pennsylvania 15148, for the lease of a 2008 Ford F150 truck for use by the Somerset Conservation District for the West Nile Virus Program in the amount of $592.21 per month, as Day Automotive could not honor that lease.
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by James C. Marker to approve the Lease Agreement between the County of Somerset and FORD MOTOR CREDIT COMPANY of PO Box 1739, Suite 2277, Dearborn, Michigan 48121-1793, for the lease of a 2008 Ford F150 truck for use by the Somerset Conservation District for the West Nile Virus Program in the amount of $6,835.00 per year.
The vote was unanimous. Motion carried.
Stoystown Water Project
Commissioner Pamela A. Tokar-Ickes announced that Stoystown Borough Council, Stoystown Borough Water Authority, Quemahoning Township Supervisors and the Somerset Township Municipal Authority have signed a Memorandum of Understanding (MOU) in connection with the construction of a pipeline from the Reading Mines water system to Stoystown Borough. Once constructed, the system will be transferred to the Somerset Township Municipal Authority. The project will cost approximately $750,000 to complete with funding from federal, state, and county government. Commissioner Pamela A. Tokar-Ickes commended all the parties involved for their collaborative effort in making this project viable. The projects will expand the infrastructure of both Stoystown and Reading Mines and make some new development possible in the area. James C. Marker stated that $664,000 has been secured through the federal government, Senator Richard Kasunic helped secure $100,000 in the form of a Safe Water Grant, and the County has allocated $100,000 of Growing Greener II funds for the project.
General Obligation Bonds, Series of 1998C –
Constant Maturity Swap
Randy Welker, Fiscal Analyst presented a resolution for adoption to terminate the 2006 Constant Maturity Swap (CMS) Agreement between the County of Somerset and PNC Capital Markets for the General Obligation Bonds, Series C of 1998 which was approved on April 6, 2005 and amended on August 9, 2006. He explained that the Amendment enabled the Interest Rate Management Plan by the Susquehanna Group Advisors, Inc., as independent financial advisors, to manage the interest costs relating to the Bonds. Susquehanna Group Advisors, Inc. has advised the County that it would be in the best financial interest of the County to exercise its option to terminate the 2006 CMS in order to realize the cash value.
Motion by John P. Vatavuk, seconded by James C. Marker to adopt Resolution No. 12 of 2008 as follows:
APPROVING
AN AMENDMENT TO THE EXISTING INTEREST RATE MANAGEMENT PLAN; AUTHORIZING THE
TERMINATION OF ONE CERTAIN INTEREST RATE MANAGEMENT AGREEMENT; AUTHORIZING THE
PROPER OFFICERS OF THE LOCAL GOVERNMENT UNIT TO EXECUTE AND DELIVER TERMINATION
DOCUMENTS; AUTHORIZING NOTIFICATION OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT; AND AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER NECESSARY
DOCUMENTS AND THE TAKING OF OTHER NECESSARY ACTIONS IN CONNECTION WITH THE
FOREGOING.
WHEREAS,
pursuant to Act 23 of 2003, the provisions of the Local Government Unit Debt Act
(the “Debt Act”) were amended to allow a “local government unit” to enter into
qualified interest rate management agreements, after having established or
approved an interest rate management plan; and
WHEREAS,
on August 8, 2006 the Board of Commissioners (the "Governing Body")
of the County of Somerset (the "Local Government Unit") adopted a
Resolution (the "2006 Resolution") which adopted and approved an
Interest Rate Management Plan (as so defined therein, alternatively, the
"IRMP") prepared by Susquehanna Group Advisors, Inc. as its
independent financial advisor (the “Financial Advisor”), in accordance with the
Local Government Unit Debt Act, as amended (the “Debt Act”), in order to better
manage the Local Government Unit's interest costs relating to certain
outstanding debt, in the form of a $6,720,000 portion of its outstanding
General Obligation Bonds, Series C of 1998, including bonds to refund the same
(as defined in the 2006 Resolution, the "Bonds"), and
WHEREAS,
the IRMP sets forth an analysis of the risks associated with entering into the
2006 CMS, as hereinafter described, as well as criteria for the selection of a
Counterparty and the Local Government Unit was advised that it was in its best
financial interest to enter into the 2006 CMS in accordance with the IRMP; and
WHEREAS, the 2006 CMS constituted a "Constant
Maturity Swap" and was documented by an ISDA Master Agreement including
Schedule and Credit Support Annex each dated as of April 6, 2005, as amended by
an Amendment, dated August 9, 2006 to the ISDA Master Agreement and a
Confirmation (Reference #014c001_6046) dated August 9, 2006, (together, the
"2006 CMS”) with PNC Bank, National Association, as counterparty (the
"Counterparty"); the 2006 CMS met the criteria of the IRMP relating
to the Bonds, and constituted a Qualified Interest Rate Management Agreement
under the Debt Act; and
WHEREAS,
the Financial Advisor has advised the Local Government Unit that it would be in
the best financial interest of the Local Government Unit, in order to better
manage the interest costs relating to the Bonds, to exercise its option under
Part 1(K) of the Schedule to terminate the 2006 CMS, in order to realize
the cash value embedded in such agreement; and
WHEREAS, the Local Government Unit desires to terminate
the 2006 CMS, and to authorize the execution and delivery of such other
documents as shall be necessary or appropriate in connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE
1. Appointment
of Financial Advisor; Adoption of the Amendment. In accordance with the purposes and
objectives of the Debt Act, the Local Government Unit hereby reappoints
Susquehanna Group Advisors, Inc. as its Financial Advisor and hereby adopts and
approves the Amendment to the IRMP being prepared by the Financial Advisor,
subject to such modifications from time to time as the Chair of the Governing
Body, the Financial Advisor, Swap Counsel and Solicitor to the Local Government
Unit shall approve. The Financial
Advisor is hereby determined to be independent as contemplated by the Debt
Act. In
consideration of its preparation of the Amendment to the IRMP and other
duties relative to termination of the 2006 CMS, the Financial Advisor shall be
paid a fee for its services according to quotation, and consistent with its
previous fees in connection with the Local Government Unit's previous and
outstanding Interest Rate Management Agreements.
2. Termination of the 2006 CMS. Consistent with its goal to manage interest
rate risks or costs to the Local Government Unit relative to the Bonds, the
Local Government Unit hereby determines that if, when and immediately at such
time as, the termination value of the 2006 CMS is determined by the Financial
Advisor, according to its own financial models and in communications with the
Counterparty, to be equal to at least $100,000, then the Local Government Unit
ought to and shall exercise its option to terminate the 2006 CMS at its then current market value, with such
notice and with the satisfaction of such conditions as may be set forth in the
2006 CMS.
The
Local Government Unit hereby determines that terminating the 2006 CMS at a
termination value of at least $100,000 is in the Local Government Unit's best
financial interest so long as the Local Government Unit is advised by the
Financial Advisor that such a value is fair and reasonable in the market at the
time of such termination.
3. Execution
and Delivery of Documents; Administration of Funds. In the event the Local Government Unit,
through its Fiscal Assistant, is advised that the termination value of the 2006
CMS is at least $100,000, then each, and any one of, the members of the
Governing Body are hereby authorized to execute and deliver, in the name of the
Local Government Unit and on its behalf, with the intent to legally bind the
Local Government Unit, all such documents, including a notice to the
Counterparty (to which a copy of this Termination Resolution shall be attached)
and a Termination Confirmation as the same may be prepared by the Counterparty
or its counsel, and approved by Swap Counsel, necessary to properly terminate
the 2006 CMS at its then current market value.
Copies of all such documents, in final form as
executed and delivered by the parties thereof, shall be filed in the official
records of the Local Government Unit.
The Fiscal Assistant, or other proper officer of the
Local Government Unit, is authorized and directed to receipt and account for
the Termination Fee and any other funds arising from the termination, to make
deposit of the same into the appropriate fund of the Local Government Unit and
to pay or cause the payment of all necessary fees and expenses incurred in
connection with the termination authorized hereby.
4. Debt
Act Proceedings. The Chief Clerk, or
Swap Counsel on his behalf, are each authorized and directed to prepare or
cause to be prepared, verify and file with the Department of Community and
Economic Development, proper notices relative to the 2006 CMS termination and
such other proceedings as may be required by the Debt Act, and to take other
necessary action.
5. Binding
Effect to Covenants and Agreements.
All covenants, obligations and agreements of the Local Government Unit
set forth in this Resolution and in the documents authorized hereby shall be
deemed to be the covenants, obligations and agreements of the Local Government
Unit to the fullest extent authorized or permitted by law, and all such
covenants, obligations and agreements shall be binding upon the Local Government
Unit and its successors from time to time and upon any board or body to which
any powers or duties affecting the same shall be transferred by or in
accordance with law. Except as otherwise
provided in this Resolution, all rights, powers and privileges conferred and
duties and liabilities imposed upon the Local Government Unit or the members
thereof by the provisions of this Resolution or the documents authorized hereby
shall be exercised or performed by such members, officers or other representatives
of the Local Government Unit as may be required or permitted by law to exercise
or perform the same. No covenant,
obligation or agreement herein contained in any documents authorized hereby
shall be deemed to be a covenant, obligation or agreement of any member,
officer, agent or employee of the Local Government Unit in his or her
individual capacity and neither the members of the Local Government Unit nor
any officer executing the Termination Confirmation or any other document
authorized by this Resolution shall be liable personally thereunder or be
subject to any personal liability or accountability by reason of the execution
and delivery thereof.
6. Counsel. Dinsmore & Shohl LLP is hereby appointed
Swap Counsel with respect to the matters set forth in this Resolution.
7. Further
Action. Any member of the Local
Government Unit is hereby authorized and directed to execute such further
documents and do such further things as may be necessary or proper to carry out
the intent and purpose of this Resolution or any document herein authorized.
8. Repeal
of Inconsistent Resolutions. All
prior resolutions or parts thereof inconsistent herewith are hereby repealed to
the extent of such inconsistency.
9. Statutory References. All references to specific provisions of
statutory law herein contained may be read and interpreted by reference to
amended, successor or replacement laws, but only to the extent consistent with
the intent and clear meaning of this Resolution.
10. Severability. If any one or more of the covenants or
agreements provided in this Resolution on the part of the Local Government Unit
to be performed shall for any reason be held to be illegal or invalid or
otherwise contrary to law, then such covenant or covenants or agreement or
agreements shall be null and void and shall be deemed separable from the
remaining covenants and agreements, but shall in no way otherwise affect the
validity of this Resolution.
11. Counterparts. This Resolution may be executed in multiple
counterparts, each of which shall be regarded for all purposes as an original;
but such counterparts shall constitute but one and the same instrument.
12. Effective
Date. This Resolution shall take
effect immediately.
DULY ADOPTED this 15th day of April, 2008,
by the Board of Commissioners in lawful session duly assembled.
ATTEST:
/s/ CAROLYN ZAMBANINI /s/ PAMELA A. TOKAR-ICKES
Chief
Clerk Chair
of Board of Commissioners
The vote was unanimous. Motion carried.
The
Regular Meeting of the Board of County Commissioners adjourned upon motion by John
P. Vatavuk, and seconded by James C. Marker at 11:29 a.m.
_____________________________________________
JAMES C. MARKER, Secretary
April 15, 2008
TUESDAY: A Somerset County Election Board Meeting was held at 11:30 a.m. in the Commissioners’ Board Room.
PRESENT: Pamela A. Tokar-Ickes and John P. Vatavuk,
Commissioners; Tina Pritts, Director of Voter Registration and Elections; Kirk
Swauger, Tribune-Democrat;
A request for a temporary
change in polling place for
Motion by John P. Vatavuk, seconded by Pamela A. Tokar-Ickes to temporarily move the polling place for ADDISON TOWNSHIP from the Addison Township Office Building located on Lower White’s Creek Road, Listonburg, Pennsylvania to the Addison Fire Department located at 7214 Petersburg Pike, Addison, Pennsylvania.
The vote was unanimous. Motion carried.
A request for a
change in polling place for
Motion by John P.
Vatavuk, seconded by Pamela A. Tokar-Ickes to move the polling place for
The vote was unanimous. Motion carried.
A request for a
change in polling place for
Motion by John P.
Vatavuk, seconded by Pamela A. Tokar-Ickes to move the polling place for
The vote was unanimous. Motion carried.
Motion by Pamela A. Tokar-Ickes, seconded by John P.
Vatavuk to appoint the following employees to the Computation Board for the
April 22, 2008 Primary Election to serve on April 25, 2008 through April 30,
2008:
Becky Lamar (Commissioners’
Office) Darlene Singer (EMA
Office)
Beckey Schlosnagle (Central Purchasing)
Elizabeth Miller (Assessment Office) Jeff Kimmel (Microfilm)
(4/29 & 4/30 only) (4/25 & 4/28 only)
Supervisor: Tina Pritts (Voter Registration)
The vote was unanimous. Motion carried.
The Election Board meeting recessed upon motion by Pamela A. Tokar-Ickes, and seconded by John P. Vatavuk at 11:42 a.m.
___________________________________________
JOHN
P. VATAVUK, Vice Chair
April 15, 2008
TUESDAY: A Regular Meeting of the Somerset County Salary Board was held at 11:42 a.m. in the Commissioners’ Board Room.
PRESENT: Pamela A. Tokar-Ickes, John P. Vatavuk, and James C. Marker, Commissioners; Randy Welker, Fiscal Analyst; Daniel W. Rullo, Solicitor; Carolyn Zambanini, Chief Clerk; and Sonya Augustine, Assistant Chief Clerk.
Motion
by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk,
seconded by
The vote was unanimous. Motion carried.
The Regular Meeting of the Salary Board recessed at 11:43 a.m.
_______________________________________
JAMES
C. MARKER, Secretary
April 15, 2008
TUESDAY: A Somerset County Employees’ Retirement Board Meeting was held at 11:43 a.m. in the Commissioners’ Board Room.
PRESENT: Pamela A. Tokar-Ickes, John P. Vatavuk, and
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
Motion by John P. Vatavuk, seconded by
The vote was unanimous. Motion carried.
The Somerset County Employees’ Retirement Board meeting recessed at 11:44 a.m.
_______________________________________
CAROLYN
M. ZAMBANINI, Secretary