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HomeMy WebLinkAbout090428 April 28, 2009 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:30 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 J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 21, 2009 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of April 21, 2009, as revised. Unanimously approved. PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK Commissioner Barr presented a proclamation to employees representing the Victims’ Rights Unit of the State’s Attorney’s Office, designating the week of April 26–May 2, 2009, as National Crime Victims’ Rights Week and asking all citizens to join forces with victim service programs, criminal justice officials, and concerned citizens to raise awareness of this observance. Jill Ritter, Victims Rights Coordinator, thanked the Commissioners for the proclamation and informed them of activities planned to observe National Crime Victims’ Rights Week. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Human Resources Director, introduced new County employees Dawn Noonan and Mary Wilson (Sheriff’s Department). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the “Take Flight” event to unveil the butterfly sculptures, which raised funds for the Barbara Ingram School for the Arts Foundation. He informed the Commissioners that he participated in interviewing candidates for the Maryland Theatre Executive Director position. Commissioner Kercheval indicated that he provided comments on the Brumbaugh-Kendle-Grove farmstead to the FAA at its recent meeting regarding the proposed Memorandum of Agreement and provided a summary of the comments. Commissioner Aleshire informed the Commissioners that he attended the Master Gardener plant sale at the Agricultural Education Center and met with Airport staff regarding the Aircraft Maintenance Technician program. He remarked that he would like to have more details on the scope of the Library’s “Plan B” expansion plan and the City’s contribution to the project. Commissioner Aleshire stated that he received a letter from the Boonsboro Athletic Boosters seeking financial assistance in meeting its share of the match for site preparation for construction of a new locker room structure at the athletic fields. Commissioner Barr stated that he attended the Museum of Fine Arts Board meeting and the Teacher of the Year Awards. He asked the Commissioners to notify him of their availability to attend several events that are scheduled when he will be out of town. Greg Murray, County Administrator, stated that the unveiling of the butterfly sculptures generated interest in the downtown area, and he commended the County employees who helped with the event. In response to Commissioner Aleshire’s comments regarding Plan B, Mr. Murray stated that the Library provided its architect with the footprint of the site and asked for its recommendations. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICT APPLICATIONS The Commissioners convened a public hearing at 9:04 a.m. to consider applications AD-08-005, AD-08-007, AD-08-013, AD-08- 002, AD-08-003, AD-08-011, AD-08-006, AD-08-004, and AD-06-011 for ten-year agricultural preservation districts. Eric Seifarth, Rural Preservation Administrator, provided background information regarding the program. Sara Edelman, Land Preservation Planner, reviewed each of the applications for APRIL 28, 2009 PAGE TWO consideration. Mr. Seifarth noted that the Agricultural Land Preservation Advisory Board has approved the applications and the Planning Commission has found that granting the applications would be consistent with the Comprehensive Plan. The meeting was opened for questions from the Commissioners. Commissioner Barr opened the hearing for public comment. Alice and Per Olaf Bachman spoke in support of their application in an effort to preserve the property from future development. Dwight Miller had questions regarding application AD-06-011, which is adjacent to his property. The hearing was closed at 9:20 a.m. Motion made by Commissioner Aleshire, seconded by Wivell, to approve applications AD-08-005 (submitted by Hopkins Revocable Trust), AD-08-007 (submitted by Robert Jennings Smith, John Howard Smith, and Donald Page Smith), AD-08-013 (submitted by Rodney & Mariann Saloom), AD-08-003 (submitted by Alice Bachman), AD-08-011 (submitted by Donald Beard), AD-08-006 (submitted by Brian and Terri Baker), AD-08-004 (submitted by Thomas and Mary Holder and Jeffery and Krista Payne), and AD-06- 011 (submitted by Antietam Farm), as corrected, for 10-year agricultural land preservation districts and to approve the corresponding agreements as presented by Staff. Unanimously approved. GENERAL BUDGET DISCUSSIONS Debra Murray, Director of Finance, and Kim Edlund, Assistant Director, met with the Commissioners to review the second draft of the FY 2010 budget. Ms. Murray provided a comparison of the FY 2010 budget with the current FY 2009 budget. She stated that the total increase in the operating budget for FY 2010 is .75% compared to FY 2009 and the capital budget shows a 6% increase, for an overall 2.1% increase over FY 2009. Ms. Murray summarized the reductions from the State government, which total $5.4 million on the surface for fiscal years 2010 and 2011. She stated that the per diem monies that the Sheriff’s Department receives for State prisoners has been cut in FY 2010 but is scheduled to be partially reinstated in FY 2011. Ms. Murray also noted that the money provided for State Park fees has been eliminated, and Highway User Revenues show a two-year reduction of $4.3 million overall. The meeting was opened for discussion with the Commissioners. Ms. Murray indicated that the County was prepared for the downturn in the economy and is not in the position that many other counties are currently in. The Commissioners reviewed the Library’s request and the staff’s recommendation to reduce the increase to three percent to correspond to its recommendation for other outside agencies. After discussion, the Commissioners agreed to fund the two positions requested at the Boonsboro branch library for the full year and the 3% salary increase for an additional $110,000 to take to public hearing. The Commissioners discussed proposed salary increases for County personnel. Greg Murray, County Administrator, spoke in support of providing a three percent cost-of-living adjustment with no step increases and provided justification for his proposal. No decision was made at this time. Ms. Murray asked that the Commissioners make a decision as soon as possible as this will initiate several changes that would have to be made to the budget. The Commissioners reviewed the budget request for Animal Control and the revisions made by County staff. Mr. Murray reviewed the specifications in the agreement with the Humane Society. After discussion, the Commissioners agreed to fund the Humane Society at the same amount as in FY 2009. CITIZENS’ PARTICIPATION Tom Janus asked that the Commissioners consider the Army Reserve Center and Fairgrounds Park as locations for a senior center. He stated that the demographics call for larger facility than Richardsons for future needs. APRIL 28, 2009 PAGE THREE Louise Dawson stated that she is in support of a senior center but is opposed to entering into a 15-year lease with a private entity. She suggested that the County continue to rent the Girls, Inc. facility on a month-to-month basis until a site is selected. Polly Wetzel, Ronald Spoonire, Marvin Sampson, and Eve McGrory spoke in support of the Richardson’s location for a new senior center. Mike Fotta, owner of Governor’s Landing, stated that he is interested in renting the Richardson’s site to expand his current restaurant. Ed Brandthaver, Chair of the Commission on Aging Advisory Council, stated that the seniors want a decision from the Commissioners regarding a new senior center. APPOINTMENT – EMERGENCY SERVICES ADVISORY COUNCIL Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Michael Wasiljov to the Emergency Services Advisory Council as a citizen-at-large representative for a one-year term. Unanimously approved APPOINTMENT – AGRICULTURAL LAND PRESERVATION ADVISORY BOARD Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Matt Harsh to the Agricultural Land Preservation Advisory Board for a five-year term. Unanimously approved. APPOINTMENTS - AGRICULTURAL EDUCATION CENTER BOARD OF DIRECTORS Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Daniel Massey, Phil Mertz and Donna Schmidt to the Board of Directors of the Agricultural Education Center for three-year terms. Unanimously approved. REAPPOINTMENT – RECREATION & PARKS ADVISORY BOARD Motion made by Commissioner Wivell, seconded by Baker, to waive the two-term limit policy and reappoint Deborah Murphy to the Recreation & Parks Advisory Board for a three-year term. Motion carried with Commissioners Wivell, Baker, Kercheval, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” GRANT ACCEPTANCE – MARYLAND INSTITUTE OF EMERGENCY MEDICAL SERVICES SYSTEMS BIO-TERRORISM PREPAREDNESS GRANT Motion made by Commissioner Aleshire, seconded by Kercheval, to accept a Bio-Terrorism Preparedness Grant in the amount of $37,200 from the Maryland Institute of Emergency Medical Services Systems (MIEMSS) to the Division of Fire & Emergency Services for the purchase of mobile data computers and associated hardware. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, stated that the financial information requested from the Community Free Clinic was received in the past week. The Commissioners discussed the information with Michael Stanford, President of the Community Free Clinic Board of Directors. Commissioner Aleshire stated that he would support the County donating $60,000, if the City and Free Clinic would contribute the same amount. After discussion, Mr. Stanford stated that he would request that his organization’s treasurer meet with the Commissioners to better answer questions regarding the budget. CERTIFICATES OF MERIT – GIS CERTIFICATION INSTITUTE Commissioner Barr presented Certificates of Merit to John “Bud” Gudmundson, Sarah Kozal, and Jennifer Kinzer, for earning certification from the GIS Certification Institute (GISCI) as Certified Geographic Information Systems Professionals. The GISCI provides recognition of a GIS professional’s accomplishments in the field to include ethics, professional development, and education. The Commissioners recognized the employees for hard work and initiative in seeking this certification. AUTHORIZING RESOLUTION - PUBLIC IMPROVEMENT & REFUNDING BONDS OF 2009 Lindsey Radar, Bond Counsel, appeared before the Commissioners to review a resolution to issue and sell $22,400,000 in Public Improvement and APRIL 28, 2009 PAGE FOUR Refunding Bonds. Ms. Radar reviewed the changes made in the bond package and reviewed the projects for which the bond funds would be used. She stated that the refunding of the 1999 bonds is in the amount of $5,770,000 and noted that this is subject to adjustment based on market conditions. Ms. Radar stated that the Public Improvement Bonds would be used to fund a portion of the projected cost of environmental, infrastructure, public safety, public facilities improvement projects, and issuance costs are in the amount of $16,630,000. The meeting was opened for questions. Lester Guthorn, Financial Advisor, informed the Commissioners that the rating agencies indicated in a recent teleconference with the County that they have no issues with the County and that they felt that the prudence displayed by the County in financial matters has been exemplary. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the resolution authorizing and empowering the County Commissioners of Washington County to issue and sell at public sale, upon its full faith and credit, its General Obligation Serial Maturity Bonds in the aggregate principal amount of $22,400,000 to be known as “Washington County, Maryland, Public Improvement and Refunding Bonds of 2009” pursuant to the provisions of Chapter 205 of the Laws of Maryland of 2004, as amended, for the public purpose of financing the cost of general public improvements in Washington County. Unanimously approved. (A copy of the approved Resolution RS-09-006 is located in the County Commissioners’ Office.) CONTRACT RENEWAL – JANITORIAL SERVICES FOR WASHINGTON COUNTY OFFICE BUILDINGS Motion made by Commissioner Kercheval, seconded by Aleshire, to renew the contract for janitorial services at Locations No. 5 and 6 (Extension Services Office, Rural Heritage Museum Office, and Solid Waste Department Buildings) with Superior Cleaning Systems, Inc., based on its March 27, 2009 letter requesting a three (3%) percent increase for Fiscal Year 2010 for a total annual price of $10,660.50 for Location No. 5 and $4,120 for Local No. 6. Unanimously approved. RECESS – LUNCH AND BUDGET PRESENTATION - HAGERSTOWN COMMUNITY COLLEGE The Commissioners recessed at 11:36 a.m. in order to attend a luncheon and presentation of the FY 2010 budget with the Board of Trustees of Hagerstown Community College. MEETING WITH BOARD OF TRUSTEES – HAGERSTOWN COMMUNITY COLLEGE The Commissioners met with the Board of Trustees of Hagerstown Community College (HCC) and Dr. Guy Altieri, President of HCC, to provide an overview of the budget, the budgeting process, and the funding breakdown between the State and County. HCC is requesting $9,045,010 from Washington County in FY 2010. The Trustees also reviewed HCC’s Capital Improvement Program (CIP) budget requests. AFTERNOON SESSION The afternoon session was called to order at 2:08 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. WASHINGTON COUNTY HISTORY WEEK AND MUSEUM RAMBLE Bill Knode, President of the Washington County Association of Museums and historical Sites, Tom Riford, Executive Director of the Convention & Visitors Bureau, and James Neville, Executive Director of the Washington County Historical Society and Miller House Museum, appeared before the Commissioners to provide information about the Fourth Annual Museum Ramble, which is being held on May 2-3, 2009. Mr. Riford stated that the ramble is a special self-guided tour of the many museums throughout Washington County. He distributed brochures on the event and the museums that would be featured and informed the Commissioners that the ramble would start at the Visitors Welcome Center. Mr. Riford presented the Commissioners with the Museums & Historical Sites Guide highlighting all of the museums in Washington County. APRIL 28, 2009 PAGE FIVE Commissioner Barr presented a proclamation to Mr. Neville, Mr. Knode, and Mr. Riford in celebration of Washington County History Week April 27–May 3, 2009, recognizing the efforts of the Association of Museums and Historic Sites and in celebration of the Sixth Annual Museum Ramble to promote these sites in Washington County. Commissioner Barr presented a proclamation to “Captain” South Lynn who purchased and restored the Kennedy Farm House, which served as the residence for John Brown and his army of abolitionists. The house was used as a staging area for his raid on Harpers Ferry. The Commissioners recognized him for a lifetime of service to the citizens of Washington County and the . United States GENERAL BUDGET DISCUSSIONS The Commissioners resumed budget discussions. The FY 2010 budget request for Hagerstown Community College (HCC) was reviewed for a 4% increase and the staff’s recommendation to reduce it to 3% over the existing budget. After discussion, it was the consensus of the Commissioners to place 4% in the budget for the public hearing. Also discussed was the FY 2010 budget request made by the Washington County Volunteer Fire & Rescue Association. The Commissioners agreed to include $40,000 for the AED purchase/monitoring program and $81,000 for the three substations as a placeholder in the budget until additional information is received. It was also the consensus to fund the rehab unit or $100,000 as one-time funding. The Commissioners agreed to remove the positions for Phase II funding from the FY 2010 budget to use for these one-time costs. The Commissioners discussed capital requests. Ms. Murray stated that the Maryland Theater has requested $175,000 for roof replacement and the Town of Williamsport has requested $30,000 for an upgrade to the HVAC system at the branch library. It was the consensus to fund these projects using the FY 2009 hotel rental tax funds. It was indicated that the Williamsport project would have to be put out for bid. The Commissioners discussed the recently received Senior Center proposal relating to the Richardson’s site. Brad Fulton, owner of the Richardson’s site, and Jason Divelbiss, attorney for the Owner, were in attendance to answer any questions the Commissioners might have regarding the Owner’s proposal and the property. Greg Murray, County Administrator, reviewed the Owner’s proposal. He stated that the basic terms of the proposal are a five-year initial lease term with two five year extensions for a total of 15 years with buy-out provisions beginning in year 5. The Commissioners generally discussed the proposal and agreed to continue discussions of the various legal issues relating to the Owner’s proposal with the County Attorney in closed session. It was the consensus of the Commissioners to approve the advertising (as is required by the Annotated Code of Maryland) of the public hearing relating to the Commissioners intent to adopt a tax rate, which is above the constant yield tax rate. UPDATE OF SOLID WASTE INITIATIVES Julie Pippel, Director of the Division of Environmental Management; Cliff Engle, Deputy Director of Solid Waste; and Harvey Hoch, Recycling Coordinator, met with the Commissioners to provide an update on initiatives for the Solid Waste Department. Mr. Engle stated that his department is proposing the following initiatives: 1) Purchase a Tarp Deployment Systems model TDS 30 from Mercer Motor Works for $29,635 to piggyback onto a Carroll County Government contract. 2) Enter into an agreement with Valley Protein to recycle kitchen oil/grease at no cost to the County. 3) Purchase equipment to begin a Styrofoam recycling center. 4) Approve entering into an Agreement with UNICOR for the recycling of electronics. 5) Enter into an Agreement with Maryland Environmental Service for a Household Hazardous Waste Day. The details of each of the proposed options were reviewed with the Commissioners. Commissioner Kercheval noted that he supported the styrofoam recycling initiative but APRIL 28, 2009 PAGE SIX needed to see examples where the product was successfully used at landfill operations before supporting the purchase of equipment. Motion made by Commissioner Wivell, seconded by Kercheval, to proceed with the proposal to purchase a Tarp Deployment Systems model TDS 30 and to piggyback onto a Carroll County Government contract for the purchase from Mercer Motor Works for $29,635. Unanimously approved. Mr. Engle outlined a proposed pilot project to recycle kitchen oil and grease using the Forty West Landfill as a drop-off site. He stated that Valley Protein has agreed to place a container at the Landfill for collection. Mr. Engle stated that this would be at no cost to the County. Commissioner Wivell asked that the department consider expanding the program to include the transfer stations. Motion made by Commissioner Kercheval, seconded by Aleshire, to authorize the County Attorney’s Office and Water Quality Staff to negotiate and finalize an agreement with Valley Protein for the collection of used vegetable oils and grease at the Forty West Landfill and request that Valley Protein expand the program to the transfer stations as quickly as is feasible. Unanimously approved. Motion made by Commissioner Aleshire, seconded by Wivell to proceed to purchase machinery needed to initiate the proposed Styrofoam recycling program, as outlined by staff. Motion carried with Commissioners Aleshire, Wivell, Baker and Barr voting “AYE” and Commissioner Kercheval voting “NO.” Motion made by Commissioner Aleshire, seconded by Kercheval, to enter into an Intergovernmental Agreement with the Maryland Environmental Service for a Household Hazardous Waste Day to be held on June 6, 2009, as proposed. Unanimously approved. Mr. Hoch reviewed a proposed electronics recycling program. He provided a history of the program at the landfill and asked that the Commissioners enter into an agreement with UNICOR at $.18/pound for televisions and CRTs, and computers for free. He stated that the County would stipulate that it will not be responsible for assuring that all information has been removed from hard drives. Motion made by Commissioner Kercheval, seconded by Wivell, to authorize the County Attorney’s Office to negotiate and finalize an agreement with UNICOR at $.18/pound relating to a monthly electronics recycling program. Unanimously approved. PRESENTATION – CURTIS ENGINE Tom Koch, representing Curtis Engine, met with the Commissioners to provide a proposal to convert methane gas into electricity at the Forty West Landfill. Mr. Koch explained that his company would provide a two-phase approach. Phase One would be the collection and flaring of the gas to collect carbon credits. Phase two would utilize the gas to generate electricity. Mr. Koch stated that 10% of the carbon credits would be returned to the County. After repayment of documented costs, Curtis Engine would pay the County 25% of carbon credits. The Commissioners discussed the gas rights agreement and the license that are necessary to use the property for the initiative. Commissioner Kercheval noted that he supported the reuse of methane, but did not feel he had enough comparative information to support a long-term commitment with this vendor at this time. Motion made by Commissioner Wivell, seconded by Baker, to authorize County staff to proceed to develop the proposal made by Curtis Engine to convert methane gas into electricity at the Forty West Landfill and to negotiate and finalize an agreement relating to this project. Motion carried with Commissioners Wivell, Baker, Aleshire, and Barr voting “AYE” and Commissioner Kercheval voting “NO.” APRIL 28, 2009 PAGE SEVEN PROCLAMATION – CHRISTOPHER LEWIS DAY Commissioner Barr read a proclamation that will be presented to Christopher Lewis designating April 30, 2009 as “Christopher th Lewis Day” in Washington County in honor of his 9 birthday and recognizing his brave fight against a cancerous brain tumor. The proclamation honored him for spreading good cheer in the midst of his fight. CONVENE IN CLOSED SESSON Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 5:22 p.m. to discuss the appointment, employment, assignment, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to reconvene in open session at 5:43 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; and consulted with counsel to obtain legal advice. 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; Andrew Wilkinson, Assistant County Attorney; and Joni Bittner, County Clerk. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Kercheval, to adjourn at 5:43 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk