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HomeMy WebLinkAbout04.13.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland April 13, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:40 a.m. with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION — ANIMAL CONTROL APPRECIATION WEEK On behalf of the Commissioners, President Barr presented a proclamation to Paul Miller, Executive Director of the Humane Society of Washington County, to acknowledge Animal Control Appreciation Week during April 11-17, 2010. Mr. Miller noted that the shelter takes in approximately 5,200 animals a year and there has been a slight increase this year. The Commissioners expressed their appreciation for the services provided by the Humane Society. Commissioner Wivell arrived at 8:47 a.m. COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker indicated that he attended a meeting of the Recreation and Parks Board where potential programs using Program Open Space (POS) funds were discussed. He noted that Senator Donald Munson was able to secure a $550,000.00 grant for the Devil's Backbone dam repair project. Mr. Baker attended the opening game of the Washington County Women's Softball League at Kemp's Mill Park. He also attended a Weed Control meeting where cutbacks in funding were discussed. Commissioner Baker mentioned that he received calls from citizens regarding the water and sewer rate increases and those who questioned why an evening public hearing was not being held. Commissioner Kercheval attended the April Long Range Transportation Plan (LRTP) meeting and informed the Commissioners that the committee is compiling remarks received regarding the LRTP. He advised that the final adoption of the LRTP is set for April 28 and that comments will be taken until April 16 and can be submitted via the website: www.henmuo.com. Mr. Kercheval attended the Western Maryland Consortium meeting with Commissioner Bair, noting that it had a clean audit for the past year and had achieved the majority of its benchmarks for handling displaced workers. Due to its performance, the agency would be receiving incentive money from the State to use in assisting clients. Commissioner Kercheval shared information on how the Consortium has spent the American Reinvestment and Recovery Act (ARRA) funds. He reported on a recent Planning Commission meeting and noted that several Ag Land Preservation District applications would be coming before the Commissioners in the next few weeks. He April 13, 2010 Page two advised that a site plan was approved for an addition to the Church of the Nazarene on Edgewood Drive. Commissioner Kercheval stated that a discussion was held regarding the Urban Growth Area (UGA) Plan and recycling facilities in the Plan. Commissioner Kercheval thanked Coalition members who attended the interstate clearance workshop in Shippensburg, Pennsylvania, stating that representatives from all member counties were present. He thanked Coalition member Glenn Fishack, in attendance, for representing the Washington County Volunteer Fire and Rescue Association (WCVFRA) at the meeting. Commissioner Aleshire questioned whether the letter informing the Hagerstown Eastern Panhandle Metropolitan Planning Organization (MPO) of the Commissioners' vote regarding the LRTP had been sent. County Administrator Greg Murray stated that it would be mailed today. Mr. Aleshire noted several items discussed during an Economic Development Commission (EDC) meeting that he attended this past week. He asked whether the State had answered the County's request regarding tax changes being applied to several properties at the Hagerstown Regional Airport and felt that a formal response from the County was needed. Mr. Murray indicated that a list of similarly -treated properties in the State had been requested but had not yet been received. Mr. Aleshire requested details as to why a local preference for bricks made in Washington County could not be included in a contract for a public project. Mr. Murray indicated that he would obtain the information. Commissioner Aleshire discussed emails received last week regarding the Doleman Black Heritage Museum. He reiterated that the process for contributions to non-profit agencies seems arbitrary and that he prefers a one-step process versus the current two-step process. Mr. Aleshire attended the Mayor and Council meetings held at Clear Spring and Keedysville. He participated in a fundraiser for Habitat for Humanity and was also present at a benefit for a local cancer patient. He attended the MPO public hearing held April 1 and thanked Commissioner Kercheval and Bob Gordon for the way the hearing was handled. Commissioner Wivell commented that he received a phone call from a Halfway resident concerning dog walking being prohibited in County parks. He stated that the Recreation and Parks Advisory Board should address the issue and perhaps allow dog walking in designated areas and provide cleanup bags. Mr. Wivell questioned the status of the Emergency Medical Services (EMS) Plan and when it would be formally adopted. Mr. Murray detailed the process and advised that the Memorandum of Understanding (MOU) was reviewed initially by the County Attorney's Office and is now being further reviewed by the EMS Department. Upon completion of the MOU, the Fire and Rescue Association will review it and act on it, and it will then be returned to the County for the Commissioners' final approval. Commissioner Kercheval requested that the Commissioners be provided with continents from EMS ahead of time in order to review them before the MOU is finalized. Commissioner Barr stated that he was present at the Western Maryland Consortium Meeting in Cumberland. He thanked Washington County Consortium Executive Director Pete Thomas and his dedicated staff of 17 for their work with those affected by April 13, 2010 Page three unemployment in Washington County. He reminded Washington County citizens that the 2010 Census campaign is ongoing and will wrap up at the end of April. Mr. Barr stated that being counted equates to $1000Jperson/year of federal funding for education, transportation, health care, and other services. Mr. Barr recognized the Barbara Ingram School for the Arts (BISFA) for its very successful first annual fundraiser for the school held this past weekend. He described the events and commented that everything was well organized and professionally done. Commissioner Barr discussed the Washington County Free Library's planned renovation and temporary closing of the downtown facility. He provided details surrounding the fact that the temporary location offered in a north end shopping center is not currently zoned for library use. The Commissioners discussed how to resolve the problem and Commissioner Kercheval advised that a text amendment to add libraries as a permitted use in Business Local and Business General zoning classifications to the Zoning Ordinance should be pursued and could possibly be set on the Planning Corrrrnission's May agenda. It was the consensus of the Commissioners to have staff move forward to seek the text amendment. PUBLIC HEARING — MODIFICATION OF FY 2011 WATER AND SEWER RATES A public hearing was convened at 9:30 a.m. to obtain comments from Washington County residents concerning the proposed modification of water and sewer rates. County Administrator Greg Murray presented details of the proposal and indicated that a 4% increase in water revenue and a 4% increase in sewer revenue are necessary for the long- range financial plans of the Department of Water Quality. Mr. Murray noted that revenues have decreased by 8% and cuts have been made to stay on track using the proposed rate increases. The Commissioners discussed the proposals. Mr. Murray detailed that earlier projections showed possible rate increases of 9-11% and the 4% increases being proposed are significantly lower. The plan is to have lower rate increases up to 2013 versus a higher jump in one year. The hearing was opened for public comment. Thomas Shepherd, 13614 Woodland Heights Drive, Hagerstown, questioned what has been done by the County to cut water and sewer costs. Greg Murray described measures being taken to hold down operating expenses, which will decrease by almost 25%. Finance Director Debra Murray indicated that the County saved approximately $16-20 million in interest expenses through refinancing efforts over the last ten years. Commissioner Kercheval mentioned that new environmental requirements are continually being placed on counties to improve the wastewater cleaning process. He stated that a new pilot program was implemented that cleans water to newly required levels and that, if approved for the future upgrade scheduled at the Conococheague plant, the County would save about $9 million in capital costs. Alan Macklin, Sharpsburg, commented that he uses under 1800 gallons per quarter and conserves his usage of water. He questioned whether an incentive or reward policy could April 13, 2010 Page four be implemented for low users. Commissioner Aleshire explained that operating costs would still be part of the fee regardless of low usage. Mary Clever of the Oak Ridge Development opposed the increases and commented that she and many of her neighbors are seniors on fixed incomes and do not use high amounts of water. Greg Murray explained that 50% of the fee is a base rate fixed cost for up to 6000 gallons of usage. Commissioner Kercheval stated that the City of Hagerstown provides water to her area and that she would only be affected by the County's sewer rate increase. Glenn Fishack, President of County's Water Quality Advisory Board, endorsed the recommended rate changes because, at the end of the day, they hold the overall tax rate down. He thanked staff for keeping the increase to 4% and not 11 % as predicted. Mr. Fishack commented that citizens may contact him with questions or attend the Board meetings held the second Monday of each month at 5:00 p.m. at 16232 Elliott Parkway in Williamsport. Greg Murray thanked the Advisory Board for its work done for the County. Mary Bowling, 17511 Lincolnshire Road, Hagerstown, requested that the Commissioners reconsider raising the rates. She described her family situation and the bad economy. The public hearing was closed at 10:05 a.m. County Attorney John Martirano stated that the rates would have to be adopted by a resolution to be effective July 1, 2010. The rates would be part of the County's budget that is tentatively scheduled for public presentation on May 4. CITIZENS PARTICIPATION There was no one present who wished to participate. GENERAL FUND BUDGET DISCUSSIONS Debra Murray, Finance Director, reviewed the budget proposals for Public Safety, which includes Animal Control, Civil Air Patrol, Air Unit, Special Operations, Fire and Rescue Volunteer Services, 9-1-1 Communications, Fire and Rescue Operations, Emergency Management, and Communications Management. The total budget for the categories is $10.64 million. Ms. Murray stated that a $1.35 million increase was included to Fire and Rescue Volunteer Services for wages, salaries, and support of the Advanced Life Personnel, which was transferred from the County's Fire and Rescue Operations budget. Other government programs discussed included the Circuit Court, Orphans Court, and the State's Attorney's Office. Ms. Murray indicated that the FY 2011 budget for those programs is $3.75 million, which is 2.65% less than the previous fiscal year. Ms. Murray discussed State Program budgets, which include the Health Department, Social Services, the University of Maryland and County Extension Services, Agriculture April 13, 2010 Page five Marketing, Election Board, Soil Conservation, Weed Control, and the Gypsy Moth Program. The Health Department would be flat funded in the budget proposal. County Administrator Greg Murray stated that May 4 is the tentative date for taking the budget to public Bearing. RECESS FOR LUNCH The Commissioners recessed at 11:04 a.m. for lunch at PenMar in Cascade to meet with officials from the Serbian Government who are visiting the former Fort Ritchie Army Base. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:38 p.m., with the following members present: Vice President Terry L. Baker and Commissioners Kristin B, Aleshire, James F. Kercheval, and William J. Wivell. REPORTS FROM COUNTY STAFF Human Resources William Sonnik, III, Human Resources Director, and Cliff Engle, Deputy Director - Division of Environmental Management, requested permission to advertise to fill a full- time, Grade 8, Weigh Clerk position at the Landfill. Mr. Sonnik indicated that Greg Murray and staff have reviewed the need for the position that, if approved, would be advertised internally. The Commissioners discussed the request. Commissioner Kercheval, seconded by Baker, moved to approve advertising to fill the position as presented. The motion passed unanimously. Division of Environmental Manaeement Cliff Engle reported that the Maryland Department of the Environment (MDE) is not funding a Tire Amnesty Day this year as it had in the past. He advised that there is no line itern in the division's budget to cover the expenses if the Commissioners should decide to sponsor an event. Mr. Engle reported on the amount of tires received during past collections and noted that it had increased substantially each year, with 101 tons being collected in 2009. He estimated that the total cost could be $29,850.00. The Commissioners discussed the program and requested that Mr. Engle look at funding alternatives for the costs associated with the event and report back at a later date. BID AWARD — ROOF REPLACEMENT FOR 1302 PENNSYLVANIA AVENUE Earl Stoner, Health Officer, and Brenda Cole, Purchasing Agent -Washington County Health Department, provided information regarding the bids received for a roof replacement at the Health Department facility located at 1302 Pennsylvania Avenue. Mr. Stoner recommended awarding the bid to Kline Associated Roofing Contractors, Inc., the responsible, responsive bidder, with the lowest bid amount of $196,900.00. He reported April 13, 2010 Page six that the roof is approximately thirty years old, has caused internal damage to the building, and is in desperate need of replacement. Norman Morin, an architect with Bushey Feight Morin Architects, Inc. commented that the bid came in under the estimate of $240,000.00. Commissioner Kercheval, seconded by Aleshire, moved to approve the bid award to Kline Associated Roofing Contractors, Inc. for the total base bid of $196,900.00. The motion passed unanimously. The Commissioners invited Mr. Stoner to comment on the Health Department and he mentioned the lean budget due to the loss of 45% State -provided funds. Cuts have been made in clinical hours, capital projects and staffing levels, but he believes that services are still being provided at an acceptable level. Mr. Stoner thanked the Commissioners for holding the line budget -wise and stated that he and staff are committed to continuing important health services including vaccination clinics. OTHER BUSINESS County Administrator Comments Gregory Murray recognized April as County Govermnent Month and expressed appreciation to all County employees for the jobs they perforin. PROPOSED ZONING ORDINANCE TEXT AND MAP AMENDMENTS FOR THE URBAN GROWTH AREA AND URBAN GROWTH AREA ADVISORY COMMITTEE RECOMMENDATIONS Steve Goodrich, Chief Planner, continued discussion of proposed text and map amendments to the Washington County Zoning Ordinance concerning the urban areas of the County. The discussion was a continuation of those held on December 1, 2009 and January 12, 2010. Mr. Goodrich introduced several members of the Urban Growth Area Advisory Committee (UGAAC) in attendance. He noted that the discussion today is to continue to familiarize the County Commissioners with the proposed text and map changes and to receive recommendations from the Board for additional changes before the proposals are taken to public hearing. Mr. Goodrich began review at the Industrial -General District (Article 14.) The Commissioners discussed issues and posed questions to Mr. Goodrich and UGAAC members. Commissioner Aleshire stated that he would not be voting on a document that prohibits animal husbandry in Planned Industrial and some other districts. RECOVERY ZONE FACILITY BOND RECOMMENDATIONS Tim Troxell, Director -Economic Development Commission (EDC), discussed Recovery Zone Facility Bond (RZFB) recommendations with the Commissioners. Mr. Troxell stated that the County approved Resolution RS -09-12, which made $13,958,000.00 in national recovery RZFBs available in Washington County to help finance private development projects on a tax-exempt basis. Notices for proposals to utilize bonds for projects were sent out and four proposals were received. The EDC task force reviewed the proposals and ranked them as follows: April 13, 2010 Page seven 1) Approve $3.5 million in RZFBs to Rider Jet Center for Office Building 67; 2) Approve $3.2 million in RZFBs to Rider Jet Center for Hangar 66, contingent upon DBED's bond counsel's approval of the project; 3) Approve $5.25 million in RZFBs to Bergman Eye Center for a Medical Office and Surgery Facility, contingent upon the owner securing a site before May 12, 2010; and 4) Tabling the request from Have A Bowl for $3.6 million in RZFBs until it secures bank approval and obtains a Declaration of Official Intent to Reimburse from DBED. (This program is no longer being considered as it does not meet the applicable criteria.) Mr. Troxell indicated that the applicant withdrew proposal 4 from consideration, and if the remaining proposals were approved, the fund would then contain approximately $2 million that will be offered for companies who wish to take advantage of the RZFB program. He stated that the County is a pass-through entity for the funds. President Barr was excused from the meeting at 3:15 p.m. and Vice President Baker assumed the Chair. The Commissioners discussed the proposals and Ivh•. Troxell explained that if approved, the allocation of bonds, by resolution, would be assigned to the Maryland Industrial Development Financing Authority (MIDFA), in order that MIDFA may issue the bonds for the approved projects. John Martirano, County Attorney, indicated that his office would prepare a separate resolution for each project. Commissioner Kercheval, seconded by Wivell, moved to approve allocating $11.95 million in RZFBs to the three projects listed in the agenda packet: Rider Jet Center (RJC) Office Building 67; RIC Hangar 66; and the Bergman Eye Center for a Medical Office and Surgery Center, contingent upon the owner securing a site by May 12, 2010; and that separate resolutions be passed to allocate bond money to DBED to manage; and that in the event a project falls through, the money would return to the County. Greg Cole, representing the Maryland Department of Business and Economic Development (DBED, indicated that Project 1 and Project 2 should be considered in Coto so that funds could be moved back and forth between the projects as necessary. Commissioner Kercheval amended his motion to allow this and Commissioner Wivell seconded. The motion passed unanimously. (Resolution RS -2010-06 is located in the County Commissioners' Office) APPROVAL Or MINUTES — March 30, 2010 Commissioner Aleshire, seconded by Kercheval, moved to approve the minutes of March 30, 2010 with incorporated changes. The motion passed unanimously. Mr. Barr returned to the meeting at 3:26 p.m. and assumed the Chair. April 13, 2010 Page eight YOUTH MERITORIUS AWARDS — APRIL 2010 President Barr presented certificate of merits to students who were selected by the Washington County Community Partnership for Children and Families (WCCP) to receive the April 2010 Youth Meritorious Awards: Maggie Sullivan of Boonsboro Middle School and Nicklas Harvey of Hancock Middle/Senior High School. Each student received a $100 U.S. Savings Bond from the WCCP. The Commissioners commended the students for their leadership, academic and extra -curricular activities. CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 3:37 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; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; to consider the acquisition of real property for a public purpose and matters directly related thereto; 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 passed unanimously. 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; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; considered the acquisition of real property for a public purpose and matters directly related thereto; 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 Wivell. Those also present were Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; and Joe Kroboth, III, Public Works Director. L."I _91U 7IZ1i ID1" Commissioner Kercheval, seconded by Baker, moved to adjourn the meeting at 4:48 p.m. The motion passed unanimously. County Administrator' County Attorney County Clerk