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HomeMy WebLinkAbout070327 March 27, 2007 Hagerstown, Maryland The Commissioners attended the annual breakfast meeting sponsored by the Washington County Extension Service at 7:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:15 a.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 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 – MARCH 20, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of March 20, 2007. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker stated that he received compliments from a citizen regarding the manner in which County staff handled a complaint on the condition of a County road. He informed the Commissioners that he attended a meeting on the National Park Centennial Challenge Initiative. Commissioner Kercheval reported on the meetings of the Metropolitan Planning Organization (MPO) and City-County 2+2 Committee. He stated that he also attended the Maryland Municipal League (MML) meeting. Commissioner Kercheval informed the Commissioners that the final meeting of the MACo Legislative Committee would be held tomorrow. Commissioner Aleshire stated that the Commissioners may need to respond to the Local Delegation to the General Assembly if they support House Bill 1399 in its current form. He also expressed concerns that the Board of Education’s proposed FY 2008 budget was not received until yesterday and the presentation is tonight. NATIONAL PARK SERVICE CENTENNIAL INITIATIVE Tom Riford, Director of the Convention & Visitors Bureau, and Robert Hartman, Deputy Superintendent for the Chesapeake and Ohio (C&O) Canal National Historical Park, met with the Commissioners regarding formulation of the Park’s long-term goals and projects to submit for the National Park Centennial Initiative Challenge. Mr. Hartman stated that President Bush has directed National Park Service (NPS) employees to “invite and receive suggestions from those who desire to preserve the scenic, cultural, historical, geological and recreational values of our national parks.” He informed the Commissioners that the NPS would celebrate its centennial in 2016. Mr. Hartman asked for input for long-range planning programs to submit for the challenge. The challenge funding must be matched by donations. Mr. Riford reviewed several projects for the Commissioners to consider in order to receive a portion of the challenge funding. Projects included reconstruction of the C&O Canal towpath at Big Slackwater, rehabilitation of Canal structure at Williamsport, and repair of the railroad lift bridge. He urged the Commissioners to inform the NPS how important these projects are to Washington County. The meeting was then opened for questions from the Commissioners. Mr. Riford stated that reconstruction of the towpath at Big Slackwater would be the top priority and explained that this is the only break in 184 miles of the towpath. CAPITAL IMPROVEMENT PROGRAM REVIEW Debra Murray, Director of Finance; Gary Rohrer, Director of Special Projects; and Mike Thompson, Director of Planning & Community Development, met with the Commissioners to review the 2007-2012 Capital Improvement Program (CIP) budget. The Committee then continued their review of the projects for Hagerstown Community College and the Solid Waste Department. Commissioner Kercheval asked if the budget reductions being recommended by the Committee were communicated to the departments and organizations. MARCH 27, 2007 PAGE TWO After discussion, it was agreed that the draft budget being recommended to the Commissioners would be sent to each organization and a copy of their comments included in the packet for presentation. The Commissioners agreed to continue CIP budget discussions following Citizens’ Participation. CITIZENS’ PARTICIPATION Tom Janus stated that he feels the Board of Education has exceeded the boundaries of their powers by financing the “School for the Arts” through MEDCO. Jerry Ditto submitted his name for consideration for appointment to the Urban Growth Area Advisory Committee. He stated that the State’s Agricultural Preservation District program is for five years and that the County extended its easement period to 10 years following a task force recommendation. Mr. Ditto stated that the donated conservation easement that is on the Commissioners’ Agenda this afternoon is an example of preservation at the discretion of others. REPORTS FROM COUNTY STAFF Jim Hovis, Director of the Gaming Office, provided an update on House Bill 125, which would create a task force to study charitable gaming. He informed the Commissioners that the Bill passed in the House of Delegates with an amendment that the Director of the Washington County Gaming Commission be included as a member of the task force. Mr. Hovis recommended that the County proceed with its position to remain neutral as the bill proceeds to the State Senate. The Commissioners agreed with Mr. Hovis’ recommendations. Jim Sterling, Director of Buildings, Grounds, and Parks, met with the Commissioners to discuss the rejection of the bids for the construction of the new Agriculture Museum buildingat the Agricultural Education Center. Mr. Sterling informed the Commissioners that the Agricultural Education Center Board (“Ag. Board”) met and has asked that the Commissioners consider forward funding up to $65,000 for the Museum building, which would be repaid by the Ag. Board. He explained that the Ag. Board hopes to use $35,000 it received in FY 2007 gaming funds for the project. Mr. Sterling indicated that the Ag Board would also ask the Delegation to extend the period to use State funding it has available for the building and will be applying for FY 2008 gaming funds. Motion made by Commissioner Wivell, seconded by Aleshire, to approve forward funding up to $65,000 from the CIP Contingency Fund for the construction of the new Agriculture Museum building, with the Agricultural Education Center Board to repay the funds to the County. Unanimously approved. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, informed the Commissioners that, at his request, a Closed Session item relating to legal advice and the consideration of the acquisition of real property for a public purpose has been added to the end of the today’s Commissioners’ agenda. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that the Board of Education would be presenting its FY 2008 Board budget tonight at North Hagerstown High School. He stated that he would distribute information on the recordation and transfer tax. CAPITAL IMPROVEMENT PROGRAM REVIEW – CONTINUED The Commissioners continued their review of the 2007-2012 Capital Improvement Program (CIP) budget for projects submitted for the Transit Department and Hagerstown Regional Airport. GENERAL FUND BUDGET OVERVIEW Debra Murray, Director of Finance, and Kim Edlund, Assistant Director of Finance, met with the Commissioners to provide a General Fund Budget overview. Ms. Murray stated that she attempted to keep the increases in MARCH 27, 2007 PAGE THREE total around three percent, excluding pay-go funds. She indicated that the bulk of the revenue stream is from taxes. Ms. Murray reviewed graphs outlining the allocation of total program costs for education, public safety, pay-go, and programs and services, and showed where the new funding is allocated in Draft #1. She provided information on the history of County general fund revenues from 1999-2009. Ms. Murray emphasized that a drop in real estate revenues is projected in FY 2009, and that increasing pay-go funding would allow for more flexibility. RECESS – LUNCH AND BUDGET PRESENTATION - HAGERSTOWN COMMUNITY COLLEGE The Commissioners recessed at 12:00 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:18 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. GENERAL FUND REVENUE DISCUSSIONS Debra Murray, Director of Finance, and Kim Edlund, Assistant Director of Finance,met with the Commissioners to review a draft of the FY 2008 revenues. She informed the Commissioners that real and personal property tax revenues are expected to be $108,844,210; income tax and local tax revenues are projected to be $75,375,000; and interest on investments $3,283,500. The total proposed general fund revenue is projected to be $195,021,124. Ms. Murray proposed that the 1% discount not be offered on the corporate personal property tax. She indicated that the County’s audit contains comments on this because the Munis software system in the Treasurer’s Office cannot account for the discount. The Commissioners asked for additional information before making a decision. Ms. Murray provided an overview of each revenue item. She stated that they are projecting an increase of 8% in income tax for FY 2008. She indicated that an increase in Real Estate and Personal Property is projected to be 12.33% in FY 2008, but the FY 2009 increase is projected to drop to 2.96%. She cautioned the Commissioners that there are still four major income tax distributions in the fiscal year. Ms. Murray indicated that she budgeted on a conservative trend for FY 2008. The meeting was then opened for questions and discussion. OVERVIEW OF DEPARTMENT OF SOCIAL SERVICES/COUNTY SERVICES David Engle, Director of the Department of Social Services (DSS), met with the Commissioners to present a video presentation of the DSS programs funded exclusively from the County budget. The programs include Adult Foster Care, funding for the rent of the Family Center and Child Care Worker, School Family Liaison, Child Advocacy Center Program manager, and involvement with the Job Opportunity Bus Shuttle. Mr. Engle thanked the Commissioners and opened the meeting for questions. DONATED CONSERVATION EASEMENT – ROBERTA NIKLEWSKI Eric Seifarth, Rural Preservation Administrator, and Peter Vorac, Director of the Mid-Maryland Land Trust, met with the Commissioners to request approval of the use of Agricultural Transfer Tax funds for administrative and settlement costs for a donated conservation easement. Mr. Seifarth explained that Roberta M. Niklewski is donating an easement on a 150.58 acre parcel of property near Clear Spring, Maryland. He stated that an appraisal is presently being done by Ritter Appraisal Services. Mr. Seifarth estimated that the administrative costs would be approximately $15,800 and $4,000 would be needed to cover the settlement costs and appraisal. Mr. Vorak reviewed the process and the details of the property and easement agreement. Mr. Seifarth informed the Commissioners that this easement would extinguish ten (10) development rights and help protect farmland, stream, woodland, and view shed of the property on Rockdale Road. The meeting was opened for questions from the Commissioners. Motion made by Commissioner Kercheval, seconded by Wivell, to approve the use of Agricultural Transfer Tax funds for administrative and settlement costs relating to the donated conservation easement by Roberta M. Niklewski as presented by staff. Unanimously approved. MARCH 27, 2007 PAGE FOUR MEMORANDUM OF AGREEMENT - SUBSCRIPTION EMPLOYMENT TRANSPORTATION PROGRAM AND LEASES Motion made by Commissioner Kercheval, seconded by Baker, to approve the Intergovernmental Grant Agreement between the Maryland Department of Human Resources, the Washington County Department of Social Services and the County, to provide for continued transportation services under the Subscription Employment Transportation Program (JOBS Program) for fiscal year 2008, as outlined in the Inter- Governmental Agreement and to approve the vehicle leases between the County and CEC Leasing, Inc. necessary for the JOBS Program (2 vehicle leases) and the Hopewell Express Service (2 vehicle leases) . Unanimously approved. REUSE OF BICYCLES – BIKES FOR THE WORLD Keith Oberg, Director of Bikes for the World, and Phil Ruth, volunteer for the program, appeared before the Commissioners to request that a pilot bicycle re-use program be established at the Forty West Landfill. Mr. Oberg stated that a small area with appropriate signage at the landfill could be created where landfill users could deposit their bicycles. He also asked that abandoned bikes at the Sheriff’s Department impound lot be donated to Bikes for the World. Mr. Oberg explained that Bikes for the World donates bicycles to provide affordable transportation to workers and students. Although most bikes are donated overseas, many are donated to at-risk youth in the Washington, D.C. area. The meeting was opened for questions and comments from the Commissioners. It was the consensus of the Commissioners that the Solid Waste Advisory Committee should review the request and make a recommendation to them before a decision is made. They asked that this item be scheduled on the Committee’s agenda for consideration at its next meeting. FORTY WEST LANDFILL (CELL 4 DESIGN) – CHANGE ORDER NO. 1 Joe Kroboth, III, Director of Public Works, and Robert Davenport, Solid Waste Director, met with the Commissioners to request approval of Change Order No. 1 for the Forty West Landfill, Cell 4 design project. Mr. Kroboth stated that URS, who was awarded the contract, is proposing a change order to perform a Tier II landfill gas analysis and a permit modification for the side-slopes of waste placed in Cells One, Two, and Three. The increase for both tasks would be $85,183 and would take approximately 345 days. Mr. Kroboth informed the Commissioners that the Maryland Department of the Environment has directed the County to complete the Tier II analysis. He stated that the current approved budget balance is adequate to cover the proposed Change Order #1. Motion made by Commissioner Kercheval, seconded by Baker, to approve Change Order No. 1 with URS, Inc. for the Forty West Landfill, Cell 4 Design Project in the amount of $85,183 to provide a Tier II landfill gas analysis and a permit modification for the side-slopes of waste placed in Cells One, Two, and Three. Unanimously approved. YOUTH OF THE MONTH AWARD – MARCH 2007 The Commissioners presented a certificate of merit to Lily Pinkham (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 March 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. RESH ROAD LANDFILL CLOSURE PHASE II – CLOSURE CAP DESIGN CHANGE ORDER Terry McGee, Chief Engineer, and Robert Slocum, Deputy Chief Engineer, met with the Commissioners to request approval of Change Order No. 1 for the Resh Road Landfill Closure Phase II project with URS, Inc., in the amount of $56,130. Mr. McGee stated that as a result of discussions with the Maryland Department of the Environment, URS is proposing to perform a survey of intermediate cover over waste, permeability testing of existing cover material, and an investigation of leachate seeps outside the waste limit. He reviewed each of the tasks involved in the proposed change order. Mr. McGee stated that the current budget balance is adequate to cover the proposed change order. He stated that if testing results are favorable, the cost of the project would be lowered significantly. The meeting was opened for questions and discussion. MARCH 27, 2007 PAGE FIVE Motion made by Commissioner Wivell, seconded by Baker, to approve Change Order No. 1 with URS, Inc. in the amount of $56,130 for the Resh Road Closure Phase II, Closure Cap Design project. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 4:21 p.m. to consult with counsel to obtain legal advice and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 5:35 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice and considered the acquisition of real property for a public purpose and matters directly related thereto. 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 Gregory Murray, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Timothy Troxell, Executive Director of the Economic Development Commission; Gina Zawitoski, Esq., DLA Piper; and Gary Walters. RECESS . The Commissioners recessed at 5:35 p.m FISCAL YEAR 2008 BOARD OF EDUCATION BUDGET HEARING The evening session was called to order at 7:00 p.m. at North Hagerstown High School 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. Also present were Board of Education members Bernadette Wagner, Roxanne Ober, Paul Bailey, William Staley, Wayne Ridenour, and Ruth Ann Callaham. Dr. Elizabeth Morgan, Superintendent of Schools, reviewed information concerning the budget process and the Board’s vision, mission and goals. Chris South, Director of Budget & Finance, outlined the anticipated State funding for FY 2008 of $133,914,402 and the request to the County for $85,223,969. He stated that the request maintains average class size, funds Master Plan priority needs, and allows the system to meet external challenges. The total budget for all revenue sources is proposed to be $220,103,725. The Board of Education staff provided the following summary of incremental requests: A) Increase related to Enrollment Growth - $3,279,243; B) Increase related to Meeting State & Federal Regulations - $3,489,474; C) Increase related to Utilities - $1,000,189; D) Increase related to Transportation - $1,527,101; E) Increase related to Facilities maintenance - $5,527,408; F) Increases Related to Miscellaneous Services - $375,834; and G) Increases Related to Employee Compensation & Benefits - $26,981,697. Following the presentations, the meeting was opened for questions and comments from the County Commissioners. The meeting was opened for comments from the public. After hearing all comments, the meeting was adjourned at 8:50 p.m. , County Administrator , County Attorney , Clerk