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HomeMy WebLinkAbout070130 January 30, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:30 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JANUARY 23, 2007 Motion made by Commissioner Wivell, seconded by Aleshire, to approve the minutes of January 23, 2007. Unanimously approved. CORRECTION OF JANUARY 9, 2007 MINUTES Motion made by Commissioner Aleshire, seconded by Baker, to correct the minutes of January 9, 2007 for Resh Road Landfill II Closure Phase I-N-Cells, Closure Cap Construction and Change Order No. 2 to change “URS Corporation” to “Pavex” in the third paragraph. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker stated that he attended the Maugansville Volunteer Fire Company’s Annual Banquet. He also represented th the County at Anne Hinkle’s 90 birthday party. Commissioner Baker reported on the Community Action Council Board meeting. He stated that there is still confusion with the municipalities regarding tax set-off meetings. Rodney Shoop, County Administrator, indicated that he is attempting to schedule the tax set-off presentation at the Maryland Municipal League (“MML”) meeting to be held in March and subsequently the Commissioners will meet with the various municipalities during the year on their regular meeting nights. After discussion, Commissioner Barr agreed to contact Mayor Kauffman, President of the local MML chapter, regarding scheduling the tax set-off presentation at the March meeting. Commissioner Barr stated that he installed the new officers for the Commission on Aging and attended the volunteer appreciation luncheon at the Rural Heritage Museum. CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW Debra Murray, Director of Finance, met with the Commissioners to provide an initial overview of the 2008-2014 Capital Improvement Program (CIP) budget for the Commissioners’ review. Ms. Murray reviewed the projected revenues for FY 2008. She provided information on the County transfer tax projections and trends. Ms. Murray included three scenarios based on the existing trend, or exceeding or falling trends. She also noted that $400,000 of these revenues is, by law, reserved for agricultural preservation. Ms. Murray projected revenues of $116,616 for the FY 2007 budget based on current trends and recommended that they continue budgeting conservatively. Ms. Murray then reviewed the projections for Excise Tax. She indicated that the projected shortfall as of December 2006 is $11 million for FY 2007. Ms. Murray reminded the Commissioners that $5 million of the shortfall has been addressed through a transfer from the 2006 budget and she hopes the remaining $6 million shortfall can be addressed in the 2007 budget. She then reviewed the new formula for calculating the excise fee projections. Ms. Murray stated that the main reason for the shortfall is the decrease in the number of building permits being issued and that the mix of multi-family and single-family units being built was not what was originally projected. She then reviewed the upcoming budget process. The Commissioners reviewed the debt affordability calculations. Ms. Murray discussed the selection of peer groups and informed the Commissioners of the following ratios used for targets: debt per capita, debt as a percent of fair market value, debt service as a percentage of general fund revenues, debt service per capita as a percentage of income per capita, general fund balance general fund balance per resident, and unreserved fund balance. Ms. Murray noted that tax-supported debt and JANUARY 30, 2007 PAGE TWO self-supported debt are not used in the calculation of the debt ceiling because they are items that are supported by users of the system. She stated that they want to stay within the peer group calculations. The Commissioners recessed the CIP review at 10:30 a.m. for citizens’ participation. CITIZENS’ PARTIPATION Jeff Cline, Councilman for the Town of Williamsport, thanked the County staff for their help on compiling data for a presentation he gave to the Maryland Municipal League. Daniel Moeller stated that he does not believe County funds should be used to fund a consultant for the Home Rule Charter Board. He also commented on the excise tax and stated that he does not support revising the fee to a graduated payment structure. Diane Eves expressed concerns regarding the property tax assessments and stated that she feels the County should provide additional relief. Ms. Eves provided statistics on debt and savings in the United States and asked the Commissioners to adhere to the constant yield tax rate, hold the line on expenses, and provide the local supplement to the homeowners tax credit again this year. Carl Galligan and Vicki Sadehvandi, Executive Director of CASA, appeared before the Commissioners to request that Mr. Galligan be reappointed as the Commissioners’ representative on the CASA Board of Directors. Motion made by Commissioner Wivell, seconded by Aleshire, to reappoint Carl Galligan to the CASA Board of Directors as a representative of the County Commissioners. Unanimously approved. Karen Lucas, member of the Discovery Station Board of Directors, invited the Commissioners to attend their Corporate Open House tomorrow to kick off the new corporate membership program. Tom Grosh asked that the County recognize the C&O Canal as a “mass of preserved land” as part of the ranking system for the Installment Purchase Agreement Program in order to allow adjacent properties to receive credit. REPORTS FROM COUNTY STAFF Terry McGee, Chief Engineer, addressed issues regarding the Hamptons of Brightwood development stormwater management pond. He stated that the pond was previously accepted into the County system. Mr. McGee discussed the concerns expressed by Scott Frey, a neighboring property owner. He reviewed corrective actions being taken and provided photographs addressing each item. Mr. Frey stated that he appreciated the review and was satisfied with the answers he received today. (Commissioner Kercheval arrived at 11:08 a.m.) Motion made by Commissioner Kercheval, seconded by Aleshire, to approve filling the Maintenance Equipment Operator (MEO) III position at the Highway Department. Unanimously approved. Stephanie Stone, Director of the Washington County Community Partnership for Children and Families (WCCP), informed the Commissioners that State funding should be level this year with no personnel or policy changes. She stated that Community Services Initiative (CSI) funds would be issued in the form of a block grant. Jim Sterling, Director of Buildings, Grounds, and Parks, provided a history of Program Open Space (POS) funding allotments. Gary Rohrer, Director of Public Works, informed the Commissioners that the traffic signal and improvements at State Line were approved. He thanked Citicorp and the Antrim Township Administrator for their assistance with this project. JANUARY 30, 2007 PAGE THREE CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW – CONTINUED The Commissioners continued their review of the projects submitted for the Capital Improvements Program (CIP) for Fiscal Years 2008-2013. Debra Murray, Finance Director, reviewed the trends for the General Fund Revenue from 1985 through 2007, as well as fair market value increases, population growth, and per capita growth. She stated that the County has taken a conservative approach with its projections. The meeting was then opened for questions from the Commissioners. RECESS – LUNCH The Commissioners recessed at 11:58 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:07 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. HOUSE KEYS FOR EMPLOYEES PROGRAM Andrew Wilkinson, Assistant County Attorney, met with the Commissioners to review the House Keys for Employees Program. Mr. Wilkinson stated that the Maryland House Keys for Employees Program allows eligible employees to receive a matching contribution toward the down payment and closing costs for a home purchase if the buyer’s employer also makes a loan or grant to the employee up to $5,000. Washington County has been approved by the State to participate in the program. By participating, the County would provide a loan or grant of up to $5,000 for use for down payment or closing costs. The employee could then be loaned an additional $5,000 from the State, with the opportunity to receive another $5,000 loan from the State if the employee meets certain conditions. Mr. Wilkinson recommended approval of the Program with the following provisions: 1) that the program be a loan program, not a grant program; 2) that employees not be eligible until six months after starting employment; 3) that the Community Development Association (CDA) rules be followed for first-time homebuyers; and 4) that there be no limitation on the number of times an employee can use the program. Mr. Wilkinson indicated that, if the program is a loan, the funds would be repaid upon sale or refinance of the home, payoff of the first mortgage, or at a specific date, whichever comes first. If the program were a loan program, the funds would not be taxable; however, if they were provided as a grant, they would then be taxable to the employee. He stated that it would also be possible to require repayment if the employee leaves County service within a determined period of time but the enforcement of the repayment becomes more complicated. Mr. Wilkinson stated that the Commissioners should also decide whether the funds would be made available only to first-time home buyers or follow the rules of the CDA. The CDA rules require that if the property is located outside the City of Hagerstown, the buyer must be first-time homebuyer. If the property is located inside the City of Hagerstown, the buyer does not need to be a first-time homebuyer. The CDA’s definition of first-time homebuyer would mean that the person has not owned a principal residence in the last three years. Mr. Wilkinson stated that the Commissioners should also decide how many times an employee may utilize the Program. The meeting was opened for discussion by the Commissioners. It was the consensus of the Commissioners to adopt the House Keys 4 Employees as a loan program and to consider employees eligible at the date of employment. The loan would have to be repaid upon sale of the property, payoff of the first mortgage or when the employee leaves County employment. The Commissioners also agreed that it must be a principal residence and to adopt the CDA regulations for the program. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve participation in the House Keys for Employees Program with the following requirements: 1) that the program be a loan program; 2) That employees JANUARY 30, 2007 PAGE FOUR are eligible at date of employment; 3) that the Community Development Association (CDA) rules be followed; 4) that there be no limitation on the number of times an employee can use the program; and 5) that the loan be repaid at the sale of the property, payoff of first mortgage or when the employee leaves County employment. Motion carried with Commissioners Kercheval, Aleshire, and Barr voting “AYE” and Commissioners Baker and Wivell voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Baker, seconded by Aleshire, to convene in closed session at 1:27 p.m. to discuss the appointment, employment, assignment, promotion, or compensation of appointees, employees, or officials over whom the Commissioners have jurisdiction; discuss personnel matters that affect one or more specific individuals; consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; consult with counsel to obtain legal advice on a legal matter; and consult with staff, consultants, or other individuals about pending or potential litigation, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Baker, to reconvene in open session at 2:41 p.m. Unanimously approved. In closed session, the Commissioners considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; consulted with counsel to obtain legal advice; and consulted with staff, consultants, or other individuals about pending or potential litigation. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and William J. Wivell. Also present at various times were John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission; Cassandra Latimer, Deputy Director of the Economic Development Commission; Gary Rohrer, Director of Public Works; and Joe Kroboth, Deputy Director of Public Works. YOUTH OF THE MONTH AWARD – JANUARY 2007 The Commissioners presented a certificate of merit to Kirsten D. Rhodes (Clear Spring Middle School) in recognition of her selection as the Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP) for January 2007. The Commissioners commended her for her leadership, academic and extra-curricular activities. Commissioner Barr stated that she would also receive a $100 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 2:54 p.m. to discuss the appointment, employment, assignment, promotion, or compensation of appointees, employees, or officials over whom the Commissioners have jurisdiction and discuss personnel matters that affect one or more specific individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Aleshire, seconded by Wivell, to reconvene in open session at 3:36 p.m. Unanimously approved. In closed session, the Commissioners discussed a personnel matter relating to the appointment, employment, assignment, promotion, or compensation of appointees, employees or officials over whom the Commissioners have jurisdiction and other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and William J. Wivell. Also present at various times were John Martirano, County Attorney; and Joni Bittner, County Clerk. JANUARY 30, 2007 PAGE FIVE RECESS The Commissioners recessed at 3:36 p.m. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Mayor Bruchey and City Council members Martin Brubaker, Lewis Metzner, Penny Nigh, Kelly Cromer, and Alesia Parson McBean at City Hall at 4:00 p.m. “2+2 Committee” and Quarterly Meetings The bodies discussed whether to continue the 2+2 Committee meetings with two County Commissioners and two City Council members meeting weekly to discuss issues of importance to both entities. Mayor Bruchey suggested that quarterly meetings of the full boards be held as well. Council member Nigh expressed her concerns regarding the committee. After discussion, it was the consensus to continue with the committee with the full boards taking a more active role in developing the topics for discussion and to schedule time for the full boards to meet on a quarterly basis. Hunters Green/Hopewell Valley Area Mayor Bruchey suggested that a plan be developed for revenue sharing to allow the Economic Development Commission to better market the Hunters Green/Hopewell Valley area. Council member Metzner stated that the City is moving to establish a policy to waive annexation requirements in lieu of a payment-in-lieu-of- taxes (PILOT) if the economic development projects meet certain criteria. Commissioner Kercheval had questions regarding the legality of a PILOT agreement. Councilman Metzner indicated that a business would be given the choice to enter into a pre- annexation agreement or the PILOT. It was the consensus to have the 2+2 Committee discuss this issue in more detail and develop a plan for both bodies to review at the next quarterly meeting. Revenue Sharing Discussion Commissioner Kercheval indicated that the County is attempting to schedule the tax set-off presentation at the Maryland Municipal League meeting in March and then would schedule meetings with the various municipalities during the year on their regular meeting nights. Mayor Bruchey distributed a list of possible items for the County to consider for a revenue sharing arrangement. Commissioner Kercheval stated that he disagrees philosophically with revenue sharing, with the possible exception of the hotel rental tax. He indicated that, as an elected County official, he feels that the funding has to be allocated fairly among all jurisdictions and then outlined his objections. Commissioner Wivell suggested that he would rather improve efficiency by consolidating departments. The group discussed the matter, and Commissioner Aleshire suggested having the respective departments provide information on what areas could be combined in order to allow elected officials to look at beneficial projects and the goals to be achieved. Central Booking Commissioner Wivell stated that the project is proceeding at the State level. He proposed that the City and County develop an operating agreement for the facility. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 5:30 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ______________________, Clerk January 31, 2007 Hagerstown, Maryland CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Baker, to convene in closed session at 5:30 p.m. to discuss the appointment, employment, assignment, promotion, or compensation of appointees, employees, or officials over whom the Commissioners have jurisdiction and to discuss personnel matters that affect one or more specific individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION AND ADJOURN Motion made by Commissioner Aleshire, seconded by Wivell, to reconvene in open session at 8:00 p.m and adjourn. Unanimously approved. In closed session, the Commissioners discussed a personnel matter relating to the appointment, employment, assignment, promotion, or compensation of appointees, employees or officials over whom the Commissioners have jurisdiction and other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and William J. Wivell and a candidate for employment. , County Administrator _____________________________________, County Attorney ______________________, Clerk February 1, 2007 Hagerstown, Maryland CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 5:30 p.m. to discuss the appointment, employment, assignment, promotion, or compensation of appointees, employees, or officials over whom the Commissioners have jurisdiction and to discuss personnel matters that affect one or more specific individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION AND ADJOURN Motion made by Commissioner Kercheval, seconded by Wivell, to reconvene in open session at 8:00 p.m and adjourn. Unanimously approved. In closed session, the Commissioners discussed a personnel matter relating to the appointment, employment, assignment, promotion, or compensation of appointees, employees or officials over whom the Commissioners have jurisdiction and other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and William J. Wivell and a candidate for employment. , County Administrator _____________________________________, County Attorney ______________________, Clerk