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HomeMy WebLinkAbout01.12.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland January 12, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:48 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – December 22, 2009 Commissioner Aleshire, seconded by Kercheval, moved to approve the minutes of December 22, 2009. The motion was unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker wished all a happy new year. He reported attending the Recreation and Parks Board meeting where it was stated that several written applications for Project Open Space (POS) funds were received. He noted that very few funds would be available for POS projects in the coming year. Mr. Baker announced that registration for community events sponsored by the Recreation Department would soon be announced. He reported that he attended a meeting of the Boonsboro Mayor and Council where the American Recovery and Reinvestment Act (ARRA) funds to be distributed to municipalities was discussed. Commissioner Baker mentioned that Public Works Director Joe Kroboth would be addressing the next Maryland Municipal League (MML) meeting to present an overview of the program. He relayed comments from various municipal officials who appreciated the meetings held by County Administrator Greg Murray with each town to discuss the tax differential. Commissioner Kercheval reported attending a Planning Commission workshop on the Urban Growth Area (UGA.) He mentioned a special Community College zoning (ERT) used by some entities and felt that the County should consider this designation. He attended a meeting with the State Highway Administration (SHA) arranged by Joe Kroboth, where timing issues in obtaining access permits for State projects in the County were discussed. It was recommended that the ACELLA software program be used to assist the process. Mr. Kercheval stated that the proposed bus transfer station and the issues to be resolved were discussed at the meeting. He reported attending the Maryland Association of Counties (MACo) Winter Conference last week where budget issues and lost jobs were listed as priorities by Governor O’Malley. Commissioner Kercheval noted that Washington County and other rural counties often lose the final round of competition for business behind the seven largest Maryland counties. He reported that he and Commissioner Barr attended a rural county board session and felt that it was important for the 17 rural January 12, 2010 Page two Maryland counties to work together to promote similar initiatives. He proposed a future discussion of rural issues. Commissioner Kercheval reported that he also attended programs on health care, planning, environmental issues and the Chesapeake Bay initiatives. He expressed concern that Washington County was behind other counties regarding specific planning initiatives. County Administrator Greg Murray noted that Jennifer Smith-Deputy Director of Public Works, has been working on a model to be presented at a future time. Commissioner Aleshire mentioned that he attended a meeting of the Recycling Task Force for the City of Hagerstown, which had mailed and placed online a survey for feedback by residents. He reported that communities receiving vouchers from stores by using recycling banks showed doubled efforts by the participants. Mr. Murray noted that the Commissioners would discuss recycling in the next few weeks. Mr. Aleshire stated that he participated in the “Polar Bear Plunge” for the Washington County Humane Society. He also attended the recent Board of Education redistricting hearing where attendees offered some good ideas on how to save money and also urged the Board to consider all aspects of redistricting, not only pupil numbers. He attended a Health Department Board meeting and expressed the need for new members. Mr. Aleshire attended a meeting in Annapolis with County Staff regarding MACo revenue estimations. He mentioned an email from County Treasurer Todd Hershey regarding the Homestead Tax and noted that he has a brochure on how it affects the tax for persons receiving the credit. Commissioner Aleshire said that the State has lowered expectations for revenue but does not expect large cuts in funding at this time. He stated that he met with Hal Lucas to tour Sierra Nevada, noting that the company is continuing to grow and employ more individuals. He reported a request received from the Convention and Visitor’s Bureau (CVB) for approximately $9,300.00 from the County for a loss in revenue to the entity. The Commissioners discussed the request, noting that the City is providing 50% relief and questioned whether the City could provide a rental reduction for CVB office space. Commissioner Wivell noted that the CVB received a raise in funding several years ago after a change in the law. Greg Murray stated that Finance Director Debra Murray would report on figures during the upcoming Staff Reports portion of the meeting. Commissioner Wivell stated that he attended the recent Smithsburg Mayor and Council meeting where Greg Murray presented the tax differential change to municipalities and attendees seemed to understand the policy more clearly. Mr. Wivell also attended the Water Quality Advisory Council where it was indicated that revenue and EDUs were down. Commissioner Barr reported that he and Commissioner Kercheval attended the MACo Winter Conference held last week in Cambridge, Maryland. He noted that attendance was off due to economic reasons but that the small cost to attend was worth the information gained. Mr. Barr attended a session on Corrections by Secretary Gary Maynard and noted that Sgt. Christopher Howard of the Washington County Sheriff’s Department was a January 12, 2010 Page three panelist. He agreed with Commissioner Kercheval that discussion on rural issues were valuable and stated that in September 2009, he and Delegation Chair LeRoy Myers met with Speaker Busch regarding rural concerns. Commissioner Kercheval added that he and Commissioner Barr spoke with Allegheny Power PATH project representatives and noted that the opportunity to network with businesses, and State and County officials at the conference was vital. CITIZENS PARTICIPATION No comments were offered from those in attendance. E-VERIFY PRESENTATION Jeff Werner, a four-year resident of Washington County, appeared before the Commissioners to discuss information regarding E-Verify, which is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA.) Mr. Werner distributed information on the free program and stated that it allows employers to obtain information electronically on the immigration status of citizens and non-citizens for eligibility of employment. Mr. Werner introduced Brian Botwin, Director of “Help Save Maryland”, a non-profit, citizens’ organization working in conjunction with Washington County Citizens United. He read a statement and referenced two letters of support for the program from Delegates Myers and Shank. The Commissioners discussed the program, which is currently used in Anne Arundel County and is being considered by Frederick County. CITIZENS PARTICIPATION Mr. Barr opened up the floor to those arriving after 10:30 a.m. for Citizens Participation. No comments were offered from those in attendance. OTHER BUSINESS County Attorney Issues Andrew Wilkinson, Assistant County Attorney, discussed the draft Agreement and Land Lease relating to the Senior Center between Hagerstown Community College (HCC) and the County. He explained that the Agreement concerns construction and ultimate ownership of the land, and the Land Lease concerns the rent, which would be $1.00 per year for a period of 50 years. Mr. Wilkinson stated that the County’s obligations to the Senior Center property would be the building, its parking lot, and a two-lane, paved road that will connect the Senior Center parking lot to a planned HCC parking lot. The Commissioners discussed the agreements and suggested the following: 1) change the lease term from 50 years to 99 years; 2) change “sole” discretion to “mutual agreement” between HCC and the County concerning the exterior design, and 3) remove a provision that would allow HCC to make changes to the building at its own expense. Mr. Wilkinson was directed to make the suggested adjustments to the documents, discuss them with Attorney Jeanne Singer and the HCC Board, and return to the Commissioners for final acceptance. January 12, 2010 Page four RECESS - LUNCH AND TOUR OF NEW 9-1-1 FACILITY The Commissioners recessed at 11:27 a.m. for lunch and a tour of the new 9-1-1 Facility located at 16232 Elliott Parkway. AFTERNOON SESSION Vice President Terry L. Baker called the afternoon session to order at 1:30 p.m., with the following members: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. WASHINGTON COUNTY COURTHOUSE RENOVATION CONTRACT Gary Pozzouli-Project Manager, requested approval for Change Order #79 valued at $210,731.48 for the Courthouse Annex Renovation Project, and to approve a budget transfer from the Courthouse Security Improvement Contract (BLD056) to the Courthouse Annex Renovation Project (BLD001) for $77,000.00 to cover a budget shortfall. Mr. Pozzouli explained that on November 25, 2009, the Commissioners requested that several outstanding items be resolved, before they would consider voting for approval. He reported that those issues have been resolved. Mr. Pozzouli provided a letter from DFI, Inc. dated November 24, 2009, which was inadvertently omitted during the November 10, 2009 Change Order presentation, and an itemized breakdown of labor-burden costs. The Commissioners discussed the information presented. Motion made by Commissioner Kercheval to approve Change Order #79 valued at $210,731.48 for the Courthouse Annex Renovation Project, and to approve a budget transfer from the Courthouse Security Improvement Contract (BLD056) to the Courthouse Annex Renovation Project (BLD001) for $77,000.00 to cover a budget shortfall. The motion died for lack of a second. Commissioners Aleshire stated that more information was needed and that project figures were not justifiable and should be lower. Vice President Baker relinquished the Chair to President Barr at 1:40 p.m. OTHER BUSINESS (cont.) REPORTS FROM COUNTY STAFF Human Resources William Sonnik, Human Resources Director, informed the Commissioners that he addressed Senior Staff at the Washington County Hospital this morning where James Hamill, President and CEO, requested that he convey his appreciation to the Commissioners and County Staff for the assistance given during construction of the new hospital facility. Mr. Sonnik and Ed Plank, Highway Department Director, appeared before the Commissioners to request approval to advertise for a full-time Motor Equipment Operator I (MEO I), Grade 6, budgeted position due to a vacancy in the Southern Section. Mr. Plank explained that the Southern Section is the largest section with 160 miles of roadway January 12, 2010 Page five needing plowed in the winter and maintained in the summer and that it was down by three employees. Commissioner Aleshire, seconded by Baker, motioned to approve the request as presented. The motion was unanimously approved. Budget and Finance Finance Director Debra Murray circulated data regarding the Hotel Rental Tax (HRT) distribution during the past year, including amounts paid to the CVB over the past few years. She also distributed information regarding current revenue trends, and copies of the HRT forms that were required to be completed by municipalities and the County and then forwarded to the State. Ms. Murray informed the Commissioners that the funds received to-date are currently 11% of what was budgeted. She noted that Staff recently attended a meeting held by the Government Finance Officers Association (GFOA) where projections for real estate tax revenue was discussed. She stated that the County is expecting a $600,000.00 shortfall in real estate taxes, which would be offset by a surplus in personal property taxes, with a shortfall of approximately $67,000.00. Recreation Department Jaime Dick, Recreation Department Director, addressed scheduling concerns from citizens enrolled in evening programs held at the Maugansville School Gymnasium and stated that the issues had been worked out. He noted that the programs offered at the school gymnasiums are very popular and are experiencing a fast rate of growth. Commissioner Aleshire asked Mr. Dick about a recent request to acquire Board of Education property at Maugansville School for another use. Mr. Dick referred questions to Jim Sterling, Director-Parks, Recreation, and Facilities. He reminded those present that the Winter Princess Party would be held this Saturday at the HCC ARCC Arena. PROPOSED ZONING ORDINANCE TEXT AND MAP AMENDMENTS AND URBAN GROWTH AREA ADVISORY COMMITTEE RECOMMENDATIONS Steve Goodrich, Chief Planner, presented a continuation of the discussion regarding the proposed text and map amendments to the Zoning Ordinance to obtain comments from the Commissioners. Mr. Goodrich introduced several members of the Urban Growth Area Advisory Committee (UGAAC) who attended the presentation. He began review at Business Local Zones and continued through Business General and Industrial Restricted Zones. The Commissioners discussed the proposals and several UGAAC members provided comments. The review will be continued at a future meeting. CONVENE IN CLOSED SESSION Commissioner Aleshire, seconded by Wivell, moved to convene in closed session at 3:07 p.m. to discuss the appointment, employment, assignment, discipline, demotion, compensation, removal, 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; 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 January 12, 2010 Page six counsel to obtain legal advice; in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion was unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, discipline, demotion, compensation, removal, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or 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 Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell; Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; and Andrew F Wilkinson, Assistant County Attorney. Present at various times were William Sonnik, Human Resources Director; Charles Summers, Deputy Director-Department of Emergency Services; and Bardonna Woods, Director-Department of Emergency Communications. RECONVENE IN REGULAR SESSION Commissioner Aleshire, seconded by Kercheval, moved to reconvene in open session at 3:41 p.m. The motion was unanimously approved. APPOINTMENT/REAPPOINTMENTS – DISABILITIES ADVISORY COMMITTEE Commissioner Aleshire, seconded by Kercheval, moved to reappoint Joe Kuhna to the Disabilities Advisory Committee for a second, three-year term extending to November 30, 2012; to appoint Mauricio Santiago to fill the unexpired term of Kevin Collins, extending to January 31, 2011; and to appoint Dawn Felder to a first term on the Committee extending to January 30, 2013. The motion was unanimously approved. APPOINTMENT – AGRICULTURAL MARKETING ADVISORY COMMITTEE Commissioner Aleshire, seconded by Baker, moved to appoint Jeanne Dietz-Band to the Agricultural Marketing Advisory Committee to a three-year term, extending to January 30, 2013. The motion was unanimously approved. APPOINTMENTS – COMMISSION FOR WOMEN Commissioner Aleshire, seconded by Kercheval, moved to appoint Kay Hoffman, Shalom Black Lane, Suzanne Menard, and Evelyn Williams, to the Commission for Women to three-year terms, extending to January 30, 2013. The motion was unanimously approved. ADJOURNMENT Commissioner Aleshire, seconded by Kercheval, moved to adjourn at 3:42 p.m. The motion was unanimously approved. January 12, 2010 Page seven ____________________________ County Administrator ____________________________ County Attorney ___________________________ County Clerk