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HomeMy WebLinkAbout02.09.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland February 9, 2010 JOINT MEETING WITH WASHINGTON COUNTY BOARD OF EDUCATION The Board of County Commissioners met with the Board of Education at its offices located at 823 Commonwealth Avenue, Hagerstown, Maryland. County Commissioner President John F. Barr called the meeting to order at 8:40 a.m. In attendance were County Commissioner President John F. Barr, Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, William J. Wivell, and James F. Kercheval. Board of Education members present were Paul Bailey, Ruth Anne Callaham, William Staley, Wayne Ridenour, Donna Brightman, Justin Hartings, and Edward Forrest. Second Quarter Budget Adjustments – FY 2010 Chris South, Chief Financial Officer for Washington County Public Schools, requested adjustments to the Second Quarter FY 2010 General Fund Budget by decreasing the following categories: Revenue - $1,870,350.00; Administration - $32,135.00; Mid-Level Administration - $164,955.00; Instructional Salaries - $557,820.00; Special Education - $1,162,255.00; Student Transportation Services - $366,755.00; Operation of Plant - $1,015,060.00; and Capital Outlay - $28,255.00; and by increasing the following categories: Instructional Textbooks/Supplies - $187,600.00; Other Instructional Costs - $17,650.00; Student Personnel Services - $7,890.00; Student Health Services - $3,745.00; Maintenance of Plant - $1,000,000.00; and Fixed Charges - $240,000.00, for a net fund balance change of $0. Mr. South responded to questions from the Commissioners regarding several line items. Commissioner Kercheval, seconded by Aleshire, moved to approve the requested adjustments for a net change in the Fund Balance of $0. The motion was unanimously approved. CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 9:03 a.m. 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. The motion was unanimously approved. In closed session, the Commissioners 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; and County Staff: Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Joe Kroboth, III, Public Works Director; Mike Thompson, Planning Director; Joe Kuhna, Real Property Administrator; Joe Rathvon, GIS Analyst, Jennifer Smith, Deputy Director, Public Works-Land Development; and Merle Saville, Transportation Engineer. February 9, 2010 Page two Elected Board of Education members present were Paul Bailey, Ruth Anne Callaham, William Staley, Wayne Ridenour, Donna Brightman, Justin Hartings, and Edward Forrest. Washington County School personnel in attendance were Boyd Michael, Deputy Superintendent; Chris South, Chief Financial Officer; Rob Rollins, Executive Director of School Operations; Dr. Michael Markoe, Assistant Superintendent for Elementary Education; Dr. Donna Newcomer, Executive Director of Human Resources; Donna Hanlin, Assistant Superintendent for Secondary Education; and Shulamit Finkelstein, Executive Assistant for Strategic Planning. President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:24 a.m. in Room 226, 100 West Washington Street, Hagerstown, Maryland 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 – January 26, 2010 and February 2, 2010 Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of January 26, 2010 with incorporated changes. The motion was unanimously approved. Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of February 2, 2010 with incorporated changes. The motion was unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker thanked Director Ed Plank and Highway Department employees for their snow removal efforts during last week’s snowstorm. He reported attending the Recreation and Parks Board meeting where it was discussed how to allocate the possible $250,000.00 in additional funding to be obtained through bonds. Commissioner Baker suggested that Director Jim Sterling make a presentation at a future meeting regarding the program. Commissioner Kercheval echoed Commissioner Baker’s snow removal comments and thanked County residents for their patience during the event. He reported on issues concerning the Local Management Board (LMB) and the State’s proposal to move some administrative money and decision-making duties from the local level to the State level. Mr. Kercheval mentioned an appearance by Gaming Director James Hovis in Annapolis and stressed that issues should always be discussed first at the local level. He referred to the letter of support sent last week from the Commissioners to the Pennsylvania I-81 Coalition regarding an earmark in a Pennsylvania bill. He noted that the Coalition is now requesting support from all states further south as a show of solidarity for the regional February 9, 2010 Page three funding request. Commissioner Kercheval stated that the Metropolitan Planning Organization (MPO) would also be discussing the request. He informed his fellow Commissioners that the draft Long Range Transportation bill will be approved in February and should be available for public review in March. Commissioner Aleshire noted that he attended the Smithsburg Mayor and Council meeting, though no quorum was available. Those in attendance discussed concerns regarding the County’s move to a tax differential method relating to municipalities. He reiterated previous snow removal comments and stated that crews are preparing for the next storm that is expected to begin this evening. He requested an update on information regarding the Convention and Visitor’s Bureau (CVB) funding request. Commissioner Kercheval stated that CVB’s accountant has confirmed that revenue is down. Commissioner Wivell had no comments. Commissioner Barr reported that he attended the Maryland Association of Counties’ (MACo) Legislative committee meeting in Annapolis. He noted that Washington County Community Partnership (WCCP) Director Stephanie Stone, and Gaming Director James Hovis, were present when the Delegation discussed several issues. Mr. Barr reported that a large number of bills are being offered during this year’s session and that MACo is opposed to any that place additional financial burdens on County and local governments. Commissioner Barr informed those present that he spent time at the Emergency Operations Center at the start of last week’s storm and noted the cooperation between the City, County, the County’s Public Works Department, and the Emergency Operation crews. He thanked Director Julie Pippel and the Department of Water Quality employees for the assistance given to accommodate employees who worked overtime at the facility. Mr. Barr stated that he has information that can be shared concerning the plan by the State to borrow from the “Flush Tax” fund to support the Maryland Department of the Environment (MDE) budget. Commissioner Kercheval stressed that the County would never borrow in this manner. County Administrator Greg Murray commented that Finance Director Debra Murray informed him that she would be meeting with the CVB and its accountant this week regarding funding status. Commissioner Kercheval recognized Jordan Edlund, son of Finance Department employee Kim Edlund, who was observing the meeting to obtain his Citizenship in the Community merit badge toward becoming an Eagle Scout. CITIZENS PARTICIPATION There was no one present who wished to comment. February 9, 2010 Page four OTHER BUSINESS County Administrator Comments Greg Murray commented on the outstanding efforts made by County Staff and emergency departments during the recent snowstorm. He thanked Public Works Director Joe Kroboth for coordinating the efforts. REPORTS FROM COUNTY STAFF Gaming Department Jim Hovis, Gaming Director, informed the Commissioners that while in Annapolis for a delegation appointment to the Gaming Commission, he was included in a discussion to explore bringing slots to Washington County. Mr. Hovis stressed that he only provided information to the delegation on the matter. He related that several jurisdictions have sought slots-related bills for their counties. The Commissioners discussed the issue and were not in favor of forming a committee to study the proposal with the exception of Commissioner Baker, who felt that such a committee should be formed, since residents were traveling to West Virginia to play slots and spend money there. The Commissioners stated that in the future, any requests for comments from County employees by the delegation should go through the County Administrator who will discuss it first with the Commissioners. Washington County Community Partnership (WCCP) WCCP Director Stephanie Stone commented on State discussions regarding her department mentioned earlier by Commissioner Kercheval. She informed the Commissioners that she is the President of the State Association and is working on a proposal to maintain the approximately $15.7 million in Early Intervention/Prevention funding that has been made available in the past to local jurisdictions. She thanked the Commissioners for their support. Public Works Joe Kroboth, III, Public Works Director, acknowledged the compliments given to his department and those he supervises. He described the efforts performed during the latest snowstorm noting that damaged equipment has been a challenge. He detailed that the first objective during such an event is to support public safety and keep open snow emergency routes, then County roads and subdivisions. Mr. Kroboth said that all citizen complaints are noted and prioritized. He estimated that the December storm cost approximately $550,000.00-$570,000.00 and that reimbursement costs will be requested through the Maryland Emergency Management Administration (MEMA) due to the State of Emergency issued by Governor O’Malley. February 9, 2010 Page five Budget and Finance Budget and Finance Director Debra Murray informed the Commissioners that the Internal Revenue Service (IRS) plans to audit pass-through bonds that were issued in 2003 to a local developer for the Village at Robinwood Senior Housing project. She stated that the County would not be involved in the audit, only its bond counsel. Ms. Murray detailed that there should be no legal liability on the County’s part, and requested that the Board approve the granting of a Power of Attorney to the County’s bond counsel firms to enable communication with the IRS regarding the 2003 bond issuance. Commissioner Kercheval, seconded by Wivell, moved that Lindsey A. Rader and David M. Funk, both of Funk & Bolton, P.A., and Ramiro M. Carbonell and David A. Vind, both of Stevens & Lee, P.C., each be appointed and declared a representative of the County before the Internal Revenue Service with respect to the audit of the County Commissioners of Washington County, Maryland Variable Rate Demand Bonds, Series E of 2003 (LSN/TLS Obligated Group Project) originally issued in the aggregate principal amount of $20,465,000 (the "2003 Bonds"), and that the President of the Board of County Commissioners be authorized and empowered to execute and deliver on behalf of the County one or more IRS Forms 2848 providing for such appointments and declarations, substantially in the forms presented to the County Commissioners herewith, and, with the advice of the Director of Finance, to make any necessary or appropriate amendments or supplements to such Forms or to execute and deliver any replacement Forms 2848 deemed appropriate in connection with the audit of the 2003 Bonds, and that such representatives shall have the powers provided for in such Forms. The motion was unanimously approved. PUBLIC HEARING – REPEAL OF WEED CONTROL ORDINANCE/ ENACTMENT OF NEW ORDINANCE A public hearing was convened at 11:24 a.m. to receive comments regarding the repeal of the Weed Control Ordinance adopted on September 19, 1989 and the enactment of a new Ordinance entitled “Weed Control Ordinance for Washington County, Maryland.” Assistant County Attorney Kirk C. Downey detailed the revisions made to the Ordinance including changes relating to its scope, coverage, and the manner of enforcing compliance. The Commissioners discussed the revisions and Commissioner Kercheval suggested adding additional language in footnote #4 to Article 3 – Exceptions, Section 3.01(e) as to who ascertains the definition of a nature study area. Commissioner Wivell recommended that the $500.00 mowing expense limit in Article 5 – Enforcement, Section 5.01, be changed to $250.00. It was the consensus of the Commissioners to bring back the Ordinance for approval after the suggested changes are made. The hearing was opened for public comment. Robyn Jones, 5650 Mondell Road, Sharpsburg, Maryland, commented on the proposed section concerning the size of buffer zones between approved nature areas. She felt that a 50-foot buffer zone would solve the problem of weeds and animals encroaching in neighboring areas. Ms. Jones also requested that the issue be taken to public referendum February 9, 2010 Page six and stated that she has begun a petition to gather the 1661 signatures required to bring it to referendum in time for the election to be held this year. Phil McNamee, 5645 Mondell Road, Sharpsburg, Maryland, referenced a 2008 County Commissioner meeting where he appeared to complain about his neighbor who has “nature area” in his subdivision. He requested enforcement of the Ordinance in subdivisions. James Devine, P. O. Box 2217, Hagerstown, Maryland, stated that he sees nothing offensive in the Mondell Road “nature area” property and that the County should have more areas where wildlife thrives. Ms. Jones returned to request that a provision be included in the Ordinance to address property damage using some form of arbitration or fine. The public hearing was closed at 12:04 p.m. The Commissioners discussed the Ordinance. Commissioner Baker suggested that a public hearing be held in the evening since some citizens may not have been able to comment due to the inclement weather. He also asked about the referendum procedure. County Attorney John Martirano noted that the Commissioners had met all legal requirements to proceed with adoption of the Ordinance but that an additional public hearing could be held at their request. Mr. Downey stated that he would make the requested changes to the Ordinance and would return at a future meeting for final action. RECESS FOR LUNCH The Commissioners recessed at 12:07 p.m. for lunch. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:30 p.m., with the following members: Vice President Terry L. Baker, Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. FY 2011 CAPITAL IMPROVEMENT BUDGET DISCUSSIONS Debra Murray, Director of Finance, and Joe Kroboth, III, Public Works Director, met with the Commissioners to provide an overview of the proposed FY 2011-2016 Capital Improvement (CIP) Budget. Sections reviewed included the Airport, Bridges, Drainage, and the Washington County Free Library. Ms. Murray began her review stating that $110 million has been removed from the proposed CIP due to expected reductions in revenue and cuts in State funding. She detailed that revenue projections have been rolled back to FY 2007 levels and $22 million in pay-go cash reserves will be used over the six-year period. In addition, she stated that bond issues will be reduced by $7 million and revenue from excise, transfer, and recordation taxes will be severely impacted. February 9, 2010 Page seven WORKSHOP SESSION – PROPOSED STORMWATER MANAGEMENT, GRADING, SOIL EROSION AND SEDIMENT CONTROL ORDINANCE Joe Kroboth, III, Director of Public Works; Jennifer Smith, Deputy Director of Public Works–Land Development Engineering; Elmer Weibley, Soil Conservation District Manager; and Dee Price, Soil Conservation District Urban Director, continued a review of the proposed Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance (Ordinance). Mr. Kroboth stated that this should be the last discussion and that the formal adoption process would then begin. Ms. Smith began review at Article 4 – Grading, which is a new component of the Ordinance. The Commissioners discussed the Ordinance and posed questions regarding several sections. Mr. Kroboth mentioned that the goal is to have the Ordinance adopted by May 4, which is within the state-designated timeline. CONVENE IN CLOSED SESSION Commissioner Wivell, seconded by Kercheval, moved to convene in closed session at 3:39 p.m. to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State, to discuss the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; to discuss a personnel matter that affects one or more specific individuals; to consider matters that relate to collective bargaining negotiations; 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. The motion was 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, discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; discussed a personnel matter that affects one or more specific individuals; considered matters that relate to collective bargaining negotiations; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell; and Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; and Kirk C. Downey, Assistant County Attorney. Also present at various times were: Commission President John F. Barr; William Sonnik, Human Resources Director; Jim Sterling, Director-Parks, Recreation, and Facilities; David Brooks, Facilities and Special Events Coordinator-Parks, Recreation, and Facilities; Tim Troxell, EDC Director; Joe Kroboth, III, Public Works Director; and Joe Kuhna, Real Property Administrator. RECONVENE IN REGULAR SESSION Commissioner Wivell, seconded by Aleshire, moved to reconvene in open session at 4:46 p.m. The motion was unanimously approved. February 9, 2010 Page eight APPOINTMENT – AGRICULTURAL EDUCATION CENTER, INC. BOARD Commissioner Wivell, seconded by Aleshire, moved to appoint Dennis Reeder to the Agricultural Education Center, Inc. Board to fill the unexpired term of Galen Long, extending to April 30, 2011. The motion was unanimously approved. ADJOURNMENT Commissioner Kercheval, seconded by Wivell, moved to adjourn at 4:47 p.m. The motion was unanimously approved. ______________________________ County Administrator ______________________________ County Attorney _____________________________ County Clerk