Loading...
HomeMy WebLinkAbout091201 December 1, 2009 Hagerstown, Maryland CONVENE IN REGULAR SESSION The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:05 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. FIRST QUARTER ADJUSTMENTS TO BOARD OF EDUCATION’S FY 2010 GENERAL FUND BUDGET Chris South, Chief Financial Officer for the Washington County Board of Education, requested approval of the first quarter FY 2010 budget category adjustments requested by the Washington County Board of Education by decreasing the following categories: Administration - $537,239.00; Mid- Level Administration - $63,500.00; Special Education - $255,615.00; and Fixed Charges - $149,250.00; and by increasing the following categories: Instructional Salaries - $319,115.00; Instructional Textbooks and Supply - $11,750.00; Other Instructional Costs - $487,250.00; and Security Services - $187,489.00 for a net change in the Fund Balance of $0. Commissioner Aleshire commented, as a side issue, that Mr. South’s and Dr. Morgan’s response letter to Delegate Chris Shank’s questions and follow up regarding the undesignated fund balance was well-written. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the first quarter FY 2010 budget adjustments as requested by the Washington County Board of Education. Unanimously approved. RENTAL ALLOWANCE PROGRAM (RAP) STATE FY 2010 APPLICATION Sherry L. Neil, Deputy Director of the Washington County Community Action Council (CAC) appeared before the Commissioners to request approval of the submission of SFY 2010 RAP Application and Grant Agreements to the Maryland Department of Housing and Community Development. Ms. Neil stated that the RAP allocation for FY 2010 is $40,000.00 and the program offers a monthly rental subsidy of $220, $250 or $400 depending on household size, paid directly to the landlord. She noted that participants receive the assistance for a 6 month period and must be compliant to be eligible for 2-3 month extensions. She also informed the Commissioners that CAC is seeing more landlord foreclosures where the family is forced to move. Motion made by Commissioner Kercheval, seconded by Baker, to approve the CAC submitting the SFY 2010 RAP Application to the Maryland Department of Housing and Community Development and to approve the Grant Agreement related thereto. Unanimously approved. HOUSING AUTHORITY LEASE/PURCHASE PROGRAM Richard Willson, Director, and James Brown, Board Member, Housing Authority of Washington County (Authority), requested that the County purchase a Certificate of Deposit (CD) in the amount of $400,000.00 from Centra Bank so that the Authority may secure a $2 million loan for its Lease/Purchase Program. Mr. Willson explained that the Authority would borrow funds to purchase 11-12 single- family homes in the $140,000-$160,000 price range, bring them to “like new” condition, and hire local firms to upgrade major systems with investments of $10,000-$25,000 per home. The homes would be leased to moderate income families employed in Washington County who would receive credit counseling and assistance in purchasing the homes. The Authority could then use the proceeds from the home sales to purchase additional properties and continue the program. Mr. Brown stated that there are now 150 empty homes in Washington County but outside buyers are purchasing them and holding ownership until the real estate market improves. He felt that the proposed plan would assist Washington County citizens to live in affordable homes and eventually become owners. The Commissioners discussed the market conditions, home foreclosure numbers, how long the money would be tied up, and a similar program backed by the Department of Housing and Urban Development (HUD) in the 1990s. In response to questions, Mr. Willson stated that the program would target families that have a reasonable chance of succeeding December 1, 2009 Page two in five years, that local realtors would be used, and that the County’s $400,000.00 investment would be released third when the equity reaches that amount. Commissioner Wivell expressed the opinion that this investment should be made by the private sector and not a semi-government agency. County Administrator Greg Murray explained that only 40% of the County’s funds may be invested in CDs and that the money would be taken from the General Fund that is set aside for investment. Commissioner Kercheval publicly thanked Centra Bank for being willing assist the program and others involved in the collaboration, including Realtor Roger Fairbourn. Motion made by Commissioner Kercheval, seconded by Aleshire, to authorize Staff to purchase a Certificate of Deposit in the amount of $400,000.00 from Centra Bank to secure a $2 million loan to the Housing Authority of Washington County for its Lease/Purchase Program, as demonstrated in the Commissioners’ agenda packet, with the addition of four caveats to include; 1) that the program be limited to those between 80-120% of the median income levels in the County; 2) that there be a ceiling of $200,000.00 for any one property that includes the rehabilitation/fixup; 3) that the end result when it is sold to the lessee would be at a fixed mortgage rate; and 4) that there be an eight year limit for the strings on the CD to be released to work toward the program being self- sufficient in that amount of time. The motion passed with Commissioners Kercheval, Baker, Aleshire, and Barr voting “AYE” and Commissioner Wivell voting “NO.” RESH ROAD LANDFILL CLOSURE CAP, SIDE SLOPE REPAIR, CHANGE ORDER NO. 5 Dave Mason, Environmental Engineer, Division of Environmental Management, requested approval of Change Order No. 5 to Kinsley Construction for $31,887.21 to repair side slope failure at the Resh Road Landfill Closure Cap. Mr. Mason explained that a significant storm in May contributed to failure of the slope and that the additional cost would be funded from the available budget. (Commissioner Aleshire left the meeting at 10:12 a.m.) Motion made by Commissioner Kercheval, seconded by Baker, to approve Change Order No. 5 to Kinsley Construction to repair the side slope failure at the Resh Road Landfill as presented. Unanimously approved. VIRGINIA AVENUE GRAVITY REPLACEMENT & SLIP LINING, CHANGE ORDER NO. 1 Julie Pippel, Director, Division of Environmental Management; and Mark Bradshaw, Deputy Director of Engineering Services, recommended approval of Change Order No. 1 to Fayetteville Construction Company for $176,475.08. Mr. Bradshaw explained that since the bids for the project had come in under the budgeted amount, the contractor was requested to perform additional work including installation of slip lining that would eliminate the existing Inflow and Infiltration (I & I) problem under I-81 and provide more flow capacity in the pipe. Ms. Pippel stated that a budget transfer of $17,241.83 from the Sewer CIP Contingency Fund, that covers situations such as this, would be required. Motion made by Commissioner Wivell, seconded by Baker, to approve Change Order No. 1 to Fayetteville Construction Company in the amount of $176,475.08 for additional slip lining of the Virginia Avenue Project. Commissioner Kercheval asked whether it should be stated where the additional amount would be taken from and Ms. Pippel reiterated that it would be from the Sewer CIP Contingency Fund. Unanimously approved. (Commissioner Aleshire returned to the meeting at 10:34 a.m.) CITIZENS PARTICIPATION There was no one present who wished to comment. CURBSIDE RECYCLING OPTIONS EVALUATION-STATUS UPDATE Julie Pippel, Director, and Cliff Engle, Deputy Director, Division of Environmental Management, presented an update on curbside recycling options that continue to be evaluated. Mr. Engle discussed the latest December 1, 2009 Page three information gathered which included programs run in other cities and states. He informed the Commissioners that some locations offer reward programs where recycling points are earned and redeemed at retail partners such as CVS or Target stores, while others offer credit toward recycling fees. Mr. Engle reported that recycling participation increased where curbside collection was implemented or reward programs were offered. The Commissioners will continue to evaluate the options and costs, which could be $2.6 - $3 million a year. CONTRACT OPERATIONAL SUPPORT TO THE TOWN OF WILLIAMSPORT FOR SANITARY SEWER COLLECTION AND WATER DISTRIBUTION SYSTEMS Julie Pippel, Director, Division of Environmental Management, and Williamsport Mayor James McCleaf, appeared before the Commissioners to recommended authorization for the Department of Water Quality to enter into a contract agreement with the Town of Williamsport to provide operational assistance with the Sanitary Sewer Collection System and Water Distribution System. Ms. Pippel explained that County Staff would provide assistance and training to Williamsport’s employees who would then obtain the required certifications to operate the Williamsport system. The Town of Williamsport would pay all expenses associated with the agreement. Motion made by Commissioner Wivell, seconded by Aleshire, to authorize the Washington County Department of Water Quality to enter into a contractual agreement with the Town of Williamsport to provide operational assistance to the Sanitary Sewer Collection and Water Distribution Systems. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 11:16 a.m. to consult with staff or other individuals about pending or potential litigation; to discuss the appointment, employment, assignment, compensation, removal, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss a personnel matter that affects one of more specific individuals; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; 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. In closed session, the Commissioners consulted with staff or other individuals about pending or potential litigation; discussed the appointment, employment, assignment, compensation, removal, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed a personnel matter that affects one of more specific individuals; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consulted with counsel to obtain legal advice. Present during closed session were President John F. Barr, Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; and John Martirano, County Attorney; and at various times, Andrew F. Wilkinson, Assistant County Attorney; Stephanie Stone, Washington County Community Partnership Director; Tim Troxell, EDC Director; Rob Ferree, EDC Deputy Director; and William Sonnik, Human Resources Director. RECESS The Commissioners recessed at 12:06 p.m. to attend a luncheon and Marketing Department presentation in Room 255 by Leslie Hendrickson-Hart, Washington County Agricultural Marketing Specialist. RECONVENE IN REGULAR SESSION Vice President Terry L. Baker reconvened the meeting at 1:36 p.m. President Barr assumed the chair at 1:40.p.m. December 1, 2009 Page four (Commissioner Wivell was absent from the afternoon portion of the meeting.) PROPOSED ZONING ORDINANCE TEXT AND MAP AMENDMENTS AND URBAN GROWTH AREA ADVISORY COMMITTEE (UGAAC) RECOMMENDATIONS Steve Goodrich, Chief Planner; and Richard Phoebus, Chair, Urban Growth Area Advisory Committee (UGAAC), met with the Commissioners to discuss the proposed Zoning Ordinance Text and Map amendments and the UGAAC recommendations. Mr. Goodrich stated that the UGAAC was appointed by the Commissioners in July 2007 and presented its final report on September 15, 2009. He introduced Mr. Phoebus and several UGAAC members in the audience and stated that the workshop session is intended to discuss more details regarding the recommendations. The Commissioners reviewed the recommendations and decided to continue discussions regarding the proposed changes in the near future. TEXT AMENDMENTS TO THE WASHINGTON COUNTY ZONING ORDINANCE – OFF-STREET PARKING PROVISIONS (RZ-09-003) Kirk C. Downey, Assistant County Attorney; and Jill Baker, Senior Planner, Planning Department, presented the text amendments to the Washington County Zoning Ordinance concerning Off-Street Parking Provisions (RZ-09-003). Ms. Baker distributed the finalized document containing the recommendations previously requested by the Commissioners along with a transitional implementation proposal requested by the Board. The transitional implementation proposal states that projects already in the planning process and major residential subdivision projects with preliminary approval before February 1, 2010, will be exempt from the new regulations. Motion made by Commissioner Kercheval, seconded by Baker, to adopt Ordinance No. ORD 09-010, entitled “An Ordinance to Amend Certain Provisions to the Zoning Ordinance for Washington County, Maryland and to Reenact said Ordinance with Changes Relating to its Text.” Commissioner Kercheval added that it would be effective on February 1, 2010 with the understanding that the transition implementation proposal discussed today would be used to govern staff’s implementation of the amendments. Unanimously approved. EVENING MEETING – TOWN OF WILLIAMSPORT The evening session of the regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 7:04 p.m. at Williamsport Town Hall, 2 North Conococheague Street, Williamsport, by President John F. Barr with the following members present: Vice President Terry E. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. (Commissioner Wivell was absent from the evening session.) INVOCATION AND PLEDGE OF ALLEGIANCE President Barr asked that Commissioner Wivell be kept in citizens’ prayers due to back problems suffered during the Commissioners’ meeting today. He delivered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of November 17, 2009 with incorporated changes. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed those present that the Metropolitan Planning Organization (MPO) is continuing to meet regarding long range transportation planning and he explained the organization’s purpose. He stated that Joe Kroboth, II, Public Works Director, gave a presentation to the Hagerstown Rotary Club last week regarding long range planning of our local road network and noted that he would be giving a detailed report at a future County Commissioner meeting. Commissioner Kercheval attended the unveiling of the new Washington County Free Library plans where Speaker of the House Michael Busch, who had assisted in securing $10 million in funding for the project, appeared. He attended a Tri- December 1, 2009 Page five County Council (TCC) executive committee meeting where budget issues and personnel decisions were handled. He noted that one of the funding sources for planning money actually increased their available allocation. However, in order to obtain the additional funding, larger local matches would be needed. Washington County has benefited from these planning dollars each year as it has received grants for various local projects including upgrades to our GIS system, projects at HCC, etc. Allegany County has already agreed to a $25,000 increase by allocating its share of the funds previously given to TCC for a training program that has been discontinued. Staff from TCC will be putting together a letter further detailing the need to increase our local match to be brought before the Commissioners for consideration. The Commissioner also reported that TCC will be sending a letter to our Federal Delegation regarding its disappointment in the Federal bureaucracy involved in utilizing Federal Grant money to train local companies to qualify for Federal Contracts. As a result of the bureaucratic “red tape”, TCC has decided it was not in its best interest to accept the grant funding. Commissioner Baker thanked the Mayor and Council for hosting the Commissioners’ meeting and wished all a Merry Christmas and Happy New Year. Commissioner Aleshire stated that he attended the Commission On Aging meeting where an audit that is done occasionally was reported as fine. He also attended the Washington County Teachers’ Association Legislative Forum where several points were made; it is looking at legislation that would not require binding arbitration but mediation; and a point made by Delegate Serafini that the total cost as it relates to the current pension system that would be passed down to the Counties – approximately $100 million – just covers the cost increase per year. Delegate Serafini showed that it would be impossible to make that amount through the current program of investment in the stock market. Commissioner Aleshire attended the City of Hagerstown’s Boards and Commissions luncheon recently and reiterated that the Commissioners should consider such an event. He reported that he viewed the balloon test performed at the Dargan/Keep Tryst area last week for the future site of a communications tower and was pleased that the location blends much better into the surrounding backdrop. He reported that he was unable to attend the Mental Health Authority meeting. Commissioner Aleshire stated that he was present at the Library plan unveiling and also appeared before the City of Hagerstown’s Mayor and Council meeting to comment on the library project in general. He plans to address those issues next week at the Commissioners’ meeting. Mr. Aleshire reported receiving letters from the Chamber of Commerce requesting input on a proposed parking deck, and one from the Washington County Museum requesting funding assistance, and questioned when these letters would be responded to or discussed by the Board. Commissioner Aleshire stated that he was not timely informed of the recent Martin Marietta rezoning decision appeal and requested that Staff notify the Commissioners more promptly in the future. He noted his statement made at the Joint City/County meeting held recently that of the eight parties participating in the Lobbying Coalition, seven contribute funds (the County included) but he has not received a response on any formal action by elected bodies that provide funding regarding the narrowed down scope of one item or that item being the top priority for all funding partners. He felt that there was limited public discussion on that item and it was not the correct process to follow. Commissioner Aleshire commented that he was not aware that the County Commissioners had taken a formal action on the sister city partnership with Jinhua, China and was caught off guard when the Herald-Mail contacted him for comment with an already-signed agreement to that effect. He requested that the item be placed on next week’s agenda for a formal vote. Mr. Aleshire mentioned a preservation newsletter and emails received regarding the Oliver Homes warehouse structure to be built near or on a site containing a historic home. Commissioner Kercheval stated that the house on the property would not be torn down and was not on the site of the home in question. December 1, 2009 Page six County Administrator Greg Murray noted that in reference to the China partnership agreement, he has placed a copy of the language on the Commissioners’ desks. In regard to notification of legal issues, he has already discussed a change in procedure with Staff; and the funding request from the museum will be placed on the December 8th or 15th agenda. Commission President Barr thanked Mayor McCleaf and members of the Town Council who were present for hosting the meeting. He reported receiving flyers regarding the Town’s Trail meeting but could not attend due to it being held on a Tuesday. He commented that he spent time with Speaker Busch during the library plan unveiling and that he and Delegate LeRoy Myers shared concerns for Washington County’s geographic location being only six miles apart on either side by other state borders, and being economically vulnerable developmental-wise and retail sales-wise. Mr. Barr stated that ongoing meetings were being held to plan the new Washington County Senior Center. He reported attending a joint Eagle Scout Award reception for Robert C. Barnhart, III and Christopher E. Pangborn, who both graduated from high school with honors and are attending major universities. He stated that he enjoyed the City Park lake lighting event held recently and the Christmas tree lighting ceremony held in downtown Hagerstown last week. He noted that the Commissioners receive many invitations this time of year and that one or more members would try to attend most events. MAYOR’S COMMENTS Mayor James McCleaf welcomed the Commissioners and thanked them for holding a meeting in the town. He commented that he appreciates the Board’s continued support, citing the water and sewer project agreement that was approved during the Commissioners’ daytime meeting. He thanked Julie Pippel and County Staff for their assistance. The Mayor encouraged those present to attend the parade and Christmas lighting event to be held in Williamsport’s Park on Friday evening. He noted that the Town is dealing with economic issues but has a good council that works hard for its citizens. He introduced several council members in attendance - Timothy Fraker, Tearza Knode, Monty Jones and Jim Kalbfleisch. Mayor McCleaf closed his comments by wishing all a safe holiday and a bright New Year. COUNCIL COMMENTS Council member Monty Jones requested that the Commissioners do all they can to convince State lawmakers to restore highway funds, stating that three highways - Md. 63, Md. 68 and U.S. 11 run through the town. CITIZENS PARTICIPATION Donald Lantz and Gary Baker of the Tammany area appeared to present a petition to the Commissioners regarding the traffic problems on Donelson Drive since a new housing development was constructed on Calvary Drive several years ago. The gentlemen provided a map of the area, photos of an accident that occurred, and copies of correspondence from 2002 with the County’s Engineering Department stating that after its survey, the area did not warrant additional traffic measures. The Commissioners stated that County Staff would be contacted to appraise the situation since it had been seven years since the last review. Commissioner Kercheval gave examples of unconventional methods of traffic control used elsewhere that were presented at a MACo meeting he attended that may work better than speed humps and 4-way stops. Kenton Lafferty, a longtime resident of Williamsport, cited concerns he had at the Big Pool lake area where the water level is low, fish are not being stocked, and many areas around the lake are hard to access for fishing and bird- watching. The Commissioners stated that Department of Natural Resource officials and Senators Edwards and Myers would be contacted by Staff to look into his concerns and respond back to him. December 1, 2009 Page seven OTHER BUSINESS: REPORTS FROM COUNTY STAFF Jaime Dick, Director, Recreation Department, was in attendance and mentioned several programs sponsored by the Department, including the upcoming Winter Princess Party to be held at the HCC Athletic Center on January 16, 2010. COUNTY ADMINISTRATOR’S COMMENTS County Administrator Greg Murray thanked the town for a warm welcome and stated that the County is happy to assist the Town when needed. He discussed the recently-approved plan to change from a tax setoff method to a tax differential method in municipalities. Mr. Murray explained the reason for the change and gave examples to show the likely effect to citizens’ tax bills. He noted that it is a formula-based method that will change with conditions, would offer more accountability, and charge citizens only for services provided. Commissioner Aleshire commented that there were different opinions on how to implement the tax method change. Mr. Murray stated that individual meetings would be scheduled with each municipality in the near future to discuss the method change and address questions and concerns. BUDGET TRANFER - RESTRICTED FUND FOR CONTRABAND Mr. Murray requested approval from the Commissioners for a budget transfer of $58,247.08 for restricted funds held in a special account that are collected for the seizure of contraband. He explained that the funds must be used for the benefit of the City and County and a judge has ruled that this amount may be used to upgrade a firearms range; adding a storage building for material, concrete for the shooting lanes, and adequate sight lighting. Mr. Murray stated that the County’s Capital Improvement Budget for the Sheriff’s Office will need to be increased to transfer the funds. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve a budget transfer of $58,247.08 to the Sheriff’s Department Capital Improvement Budget for acceptance of restricted funds from contraband, to be used to improve the existing City/County firing range as described. Unanimously approved. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn the meeting at 8:17 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ County Attorney __________________________ County Clerk