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
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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
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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
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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
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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