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HomeMy WebLinkAbout05.04.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland May 4, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:38 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. (Commissioner William J. Wivell was absent until 9:13 a.m.) fi►1+Z�ZN7Lli(�]�/:1`►i77� Ze1 President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — Anril 27, 2010 Commissioner Aleshire, seconded by Baker, moved to approve the minutes of April 27, 2010 with incorporated changes. The motion passed unanimously. PROCLAMATION — BE KIND TO ANIMALS WEEK Paul Miller, Director, and Eleanor Lakin, Board President -Humane Society of Washington County, received a proclamation from the Commissioners in recognition of `Be Kind to Animals Week." The event is being held May 2-8 this year to recognize the benefits that humans receive by having animals in their lives and the responsibility we have to protect them. IsiDlZ�731KY7`►I� Commissioner Baker noted that Election Board Director Dorothy Kaetzel is retiring. He recognized her many years of service and wished her well in retirement. Mr. Baker attended the Career Technology Awards for Excellence held at South Hagerstown High School where awards were presented to seniors throughout Washington County. Corn missioner Kercheval attended the Hagerstown Eastern Panhandle Metropolitan Planning Organization (MPO) meeting where the Long Range Transportation Plan was adopted at the local level and is now being reviewed at the federal level. Mr. Kercheval was present at the Community Strategic Planning event hosted by the Community Foundation and the United Way. He mentioned that representatives would give a presentation to the Commissioners on May 25 during their regularly scheduled meeting. Commissioner Kercheval stated that the Planning Commission (Commission) met last night to discuss several items, including the rezoning request for a principal permitted use of libraries inside Business Local and Business General districts. The Commission supported the change. After review, the Commission affirmed that the Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. The Commission made remarks regarding the Robinwood traffic conditions and will forward a letter with its comments to the Commissioners. Commissioner Kercheval attended a Chamber of May 4, 2010 Page two Commerce Board meeting yesterday where local government lobbyist Mike Johansen gave an overview of the recent legislative session. Mr. Johansen discussed revenue that may come from gaming funds but stated that current numbers are not convincing vendors to open new gaming operations; therefore, Maryland may not see much income from slots in the near future. He also predicted that the next legislative session would be a difficult one unless the revenue picture changes drastically. Mr. Kercheval noted that he would be attending the Business Tax Reform Commission meeting in Annapolis after lunch today. He echoed the Commissioners' comments wishing Dorothy Kaetzel well upon her retirement. He also participated in a Rotary Golf Tournament. Commissioner Aleshire also attended the awards ceremony for the Career Tech students and mentioned that graduates have been very successful in attaining employment after graduating from the school. He reported that he was present at a luncheon sponsored by the Chamber of Commerce last Tuesday, with Commissioner Kercheval and local government and business leaders, where they met members of a Russian delegation. Mr. Aleshire attended the grand opening of Monkey Joe's in the south end of Hagerstown. Commissioner Barr congratulated Paul Crampton, Jr. for his election as the new mayor of Funkstown. He reiterated a thank you to Dorothy Kaetzel for her many years of service and noted that he attended her surprise retirement party held yesterday. He was present at the Emeritus Regional Medical Center's Crystal Ball that raised over $100,000.00. Mr. Barr attended the purse auction for Breast Cancer Awareness. Commissioners Barr and Kercheval attended the monthly Chamber of Commerce Board meeting where many stakeholders in the community were represented. Commissioner Kercheval, echoed by his fellow Commissioners, thanked Bob Kline for his 28 years of service as mayor to the Town of Funkstown. PUBLIC HEARING — ADOPTION OF NEW WASHINGTON COUNTY STORMWATER MANAGEMENT. GRADING, SOIL EROSION AND SEDIMENT CONTROL ORDINANCE President John F. Barr convened a public hearing at 9:00 a.m. to obtain comments regarding the proposed repeal of the Stormwater Management Ordinance and Erosion and Sediment Control Ordinance for Washington County and the enactment of a new ordinance entitled "Washington County Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance" (Ordinance). Joe Kroboth, III, Public Works Director, indicated that the State of Maryland has adopted new regulations regarding stormwater management control for development and redevelopment. He gave a history of the two current ordinances and indicated that since the environmental site design aspects were interconnected, it was best to combine them in the Ordinance being proposed. Mr. Kroboth stated that the revisions have been worked on for the past seven months and that the first draft was released on November 4, 2009. Commissioner Barr opened the hearing for public continent. May 4, 2010 Page three Fred Frederick, Professional Engineer and land surveyor with Frederick, Seibert and Associates, Inc., 128 South Potomac Street, thanked Joe Kroboth for working with local engineering firms on the revised document. Mr. Frederick expressed the opinion that the local engineering community's greatest concern in the State -mandated ordinance was defining "to the maximum extent practicable." He felt that the ordinance should allow flexibility but that each reviewer would have his or her own interpretation of those words. He questioned why the proposed ordinance is almost four times the length of the City of Hagerstown's ordinance, under current review. Mr. Frederick distributed a handout containing four points that he requested to be reviewed: 1) under "Definitions", Section 1. 1.2 - Highly Erodible Soils, 2) Section 3.5.1E - sensitive areas such as conservation easements, 3) Section 3.5.1 H — setbacks to pond embankments, and 4) Section 3.9.1 D — open or closed conveyance systems crossing multiple properties. (Commissioner Wivell arrived at 9:13 a.m.) Debi Harrington, Executive Director of the Home Builders Association of Washington County, spoke on behalf of the organization. Ms. Harrington stated that the building industry is requesting that adoption of the new Ordinance be delayed due to the belief that the grading guidelines unfairly affect single-family homes on single lots. The Home Builders Association feels that the homes are being held to the same standards as big box stores, which could delay the issuance of permits and impose additional costs of $3,000.00-$5,000.00. Jonathon Pembroke, of Ausherman Development, 7420 Hayward Road, Frederick, Maryland expressed concerns about grandfathering provisions and administrative waivers. He stated that he would expect the County to adopt the same grandfathering authority as the Maryland Department of the Environment (MDE) intended. He noted several differences between the MDE regulations and the proposed Ordinance and distributed a handout on the MDF ordinance. Elmer Weibley, District Manager of the Washington County Soil Conservation District (WCSCD), commended the open method in which the Ordinance was reviewed. He stated that the WCSCD supports the Ordinance as presented by the Division of Public Works and read a statement on its behalf (attached to these minutes.) Mr. Weibley stated that even though the ordinance contains some unanswered questions, it would meet the goals of reducing the negative effects of stormwater runoff. Neil Parrott of 2005 Lindenhurst Court, Hagerstown, Professional Engineer, stated that adoption of the Ordinance should be delayed and be further reviewed. He felt that there are too many regulations, especially during a time when the economy is hurting and unemployment is high. David Biser, 13218 Clopper Road, Hagerstown stated that he is a member of the Antietam Creek Watershed Alliance and a property owner along the Antietam Creek. He felt that May 4, 2010 Page four adoption of the Ordinance would offer a great opportunity to stop pollution from getting into the creek. Mr. Biser stated that the ordinance meets the spirit of stopping runoff. Robert Ebersole, Kendall Road, commented that he received preliminary approval for a subdivision last year and just became aware of the proposed SWM changes. He requested a grandfathering clause in the Ordinance. Mr. Kroboth informed Mr. Ebersole that he might qualify for an administrative waiver. Sally Hatch, 1201 Jefferson Boulevard, Hagerstown, spoke in favor of adopting the Ordinance. She felt that the County should be a partner with environmentalists and requested that the Commissioners look at the long-term effects of damage to the watershed. Robert Hatch, 1201 Jefferson Boulevard, Hagerstown spoke on the issue of "Applicability" in Section 1.4.1, which states that this ordinance shall apply to all land within the unincorporated county. He felt that wording should be included to protect property that abuts unaffected properties. Jim Laird of 1903 Maplewood Drive, Hagerstown and President of the Citizens for the Protection of Washington County (CPWC) noted that he was commenting for himself. He stated that we live in a civilized society that is becoming more densely populated every day, which requires ordinances to protect and guide for the good of all. Jason Divelbiss, Esq. of 12916 Conamar Drive, Hagerstown commented that participation from the development community is important, however; as a result, there is some uncertainty as to what is before the board today. He felt that the latest version is only seven days old and recommended that more time be taken to work through some final issues that were expressed today. President Barr opened the hearing for Commissioner comments. Commissioner Aleshire stated that clarity is needed on points #1 and #3 raised by Fred Frederick. He questioned grading requirements for 5,000 square feet, grandfathering provisions, and administrative waivers. Joe Kroboth provided answers to his questions. Commissioner Kercheval felt that some valid issues were brought forth that will require Staff review. He stated that the new Ordinance was a significant improvement that matches the State's ordinance and felt that it should be further reviewed and discussed again in a few weeks. Commissioner Baker expressed his concerns with easements and how to compensate property owners for added fees that will affect the cost of building a home. He questioned the true impact of erosion in Washington County on the Chesapeake Bay versus counties that border the Bay. May 4, 2010 Page five Commissioner Barr questioned whether the County was waiting on feedback or clarification from MDE. Mr. Kroboth advised that the draft Ordinance from the public hearing had been submitted to MDE but no word has yet been received. He agreed that allowing an additional one-month period for review of the Ordinance was reasonable to attempt to satisfy the requirement of all parties. He would also have to send an updated Ordinance to MDE for review that contains the most recent updates. Commissioner Aleshire felt that it was not important to discuss the length of the Ordinance. Commissioner Baker stated that fewer pages are less government, and that less government is the best government. The public hearing was closed at 10:30 a.m. The Commissioners thanked Mr. Kroboth and Staff for the work done on the Ordinance, and requested that the proposals be further studied and brought back for discussion on a future agenda. CITIZENS PARTICIPATION Julianna Albowicz, Special Assistant to Senator Barbara A. Mikulski, introduced Dr. Peg Althoff, PhD., Coordinator of the Western Maryland Resource Conservation and Development (RC&D) Council and a Certified Wildlife Biologist. Ms. Althoff discussed her previous work and invited the Commissioners to send a representative to the RC&D Council meetings. Ms. Albowicz noted that RC&D now has representatives attending from five other western Maryland counties. Ms. Althoff stated that the next meeting would be held on June 23 at 10:00 a.m. at the University of Maryland Extension Service Building in Keedysville. James Devine, P. O. Box 2217, Hagerstown, Maryland commented on the County's new consolidated 9-1-1 dispatch system. INTERGOVERNMENTAL COOPERATIVE PURCHASE FOR INMATE PAYPHONE SERVICES AT THE COUNTY DETENTION CENTER Rick Curry, Buyer -Purchasing Department, and Major Van Evans, appeared before the Commissioners to authorize, by Resolution, that the Detention Center utilize the Anne Arundel County, Maryland contract (09-020R) for Inmate payphone services with Inmate Calling Solutions, LLC d/b/a/ IC Solutions of San Jose, California; contingent upon approval of the Service Agreement by the County Attorney. Mi. Curry stated that the current contract with Securus Technologies, Inc. would no longer be offered through the State. He provided an overview of the Anne Arundel contract and indicated that "piggybacking" is allowed under the County's Code of the Public Local Laws. The Contractor would perform all services in connection with the contract and the County would receive a percentage of the commissions. Major Evans provided commission figures from 2008, which were $137,701.00 and projected that the 2010 commissions would be $150,000.00. He informed the Commissioners that inmates would be able to call cell phones with the new system. The County will not incur any costs since the inmates are billed and pay for the service. May 4, 2010 Page six Commissioner Aleshire, seconded by Kercheval, moved to authorize, by Resolution, that the Detention Center utilize the Anne Arundel County, Maryland contract (09-020R) for Inmate payphone services, including the Pro -Investigator full service package, with Inmate Calling Solutions, LLC, d/b/a IC Solutions of San Jose, California; contingent upon approval of the Service Agreement by the County Attorney. Commissioner Wivell questioned the commission rates and Major Evans replied that the current contract is 52%; the new contract will be approximately 46-47%, but that commissions could be higher with the addition of capturing cell phone calls. The motion passed unanimously. (Resolution No. RS -10-07 is located in the County Commissioners' Office) AUTHORIZING RESOLUTION — GENERAL OBLIGATION BONDS OF 2010 Lindsey Rader, Bond Counsel, and Lester Guthorn, Financial Advisor, appeared before the Commissioners to review a resolution to issue and sell duce separate series of its General Obligation Bonds for $7,860.000.00 (Public Improvements Bonds, Tax -Exempt Series 2010A), $10,915,000.00 (Public Improvement Bonds, Taxable Build America Bonds [Direct Payment] Series 2010B), and $14,295,00.00 (Tax -Exempt Public Improvement Refunding Bonds of 2010.) Ms. Rader reviewed the bond package and stated that the bond funds would be used for educational projects, environmental projects, and public safety projects and issuance costs. She informed the Commissioners that all three are backed by the full faith and credit and that the bond sale will be on May 18, 2010. The meeting was opened for questions from the Commissioners. Ms Rader and Mr. Guthorn answered questions regarding the bonds and speculated that interest rates may be below 4%. Debra Murray answered questions from the Commissioners as to where the projects to be done are located in the budget. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the bond authorizing resolution as presented. The motion passed unanimously. (Resolution No. RS -10-08 is located in the County Commissioners' Office) OTHER BUSINESS Countv Administrator's Comments County Administrator Greg Murray reminded citizens that a Public Hearing to obtain comments on the County's proposed FY 201 1property tax rate and the FY 2011 budget would be held tonight at 7:00 p.m. in the Kepler Theatre at Hagerstown Community College. He noted that an online PowerPoint presentation of the budget is available at the County's website along with other informative data. He also stated that information regarding the tax differential can be found there. CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 11:24 a.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss any other personnel May 4, 2010 Page seven matter that affects one or more specific individuals; to consult with counsel to obtain legal advice, and to consider the acquisition of real properly 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 passed unanimously. In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed any other personnel matter that affects one or more specific individuals; consulted with counsel to obtain legal advice, and 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. Also present were Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; Andrew F. Wilkinson, Assistant County Attorney; and Tim Troxell, EDC Director, RECESS FOR LUNCH The Commissioners recessed at 12:22 p.m. for lunch. AFTERNOON SESSION Vice President Terry L. Baker called the afternoon session to order at 1:35 p.m. with the following members present: Commissioners Kristin B. Aleshire and William J. Wivell. President Barr and Commissioner Kercheval were absent from the afternoon session. REMOVAL OF DEVIL'S BACKBONE DAM Serena McClain, Associate Director of American Rivers, appeared before the Commissioners to discuss the planned Devil's Backbone Dam repair project and why the dam should be removed rather than repaired. Ms. McClain showed a PowerPoint presentation to highlight the ecological and financial considerations regarding the removal of dams. She noted that many people believe that dams no longer serve a useful purpose and should be removed to restore the natural flow of water and fish passage. The Commissioners discussed the options with Ms. McClain, who indicated that American Rivers might have some funds available for dam removal. CONSTRUCTION BID AWARD FOR THE REHABILITATION OF HARPERS FERRY ROAD BRIDGE OVER ANTIETAM CREEK Rob Slocum, Deputy Director, and Scott Hobbs, Chief -Capital Projects Engineering, requested approval from the Commissioners to award a contract to the low bidding firm of Building Systems, Inc. for $1,070,495.00 for construction rehabilitation of the Harpers Ferry Road Bridge (W5731) over the Antietam Creek (Contract No. BR -HF -153-14.) Mr. Slocum indicated that concurrence by the State Highway Administration is expected. The anticipated notice to proceed date would be on or about May 17, 2010, with a completion May 4, 2010 Page eight date of December 2, 2010. rMr•. Hobbs informed the Conmiissioners that the lower than anticipated bid may be due to very competitive bids made during the poor economic conditions. Commissioner Wivell, seconded by Aleshire, moved to approve the construction bid award for rehabilitation of the Harpers Ferry Road Bridge (W5731) over the Antietam Creek (Contract BR -HF -153-14) to Building Systems, Inc. for $1,070,495.00. The motion passed unanimously. CLOSED SESSION Commissioner Aleshire, seconded by Wivell, moved to convene in closed session at 2:15 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and to discuss any other personnel matter that affects one or more specific individuals, 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, assigmuent, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and discussed any other personnel matter that affects one or more specific individuals. Present during closed session were Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and William J. Wivell. Also present were Gregory Murray, County Administrator, Vicki Lumrn, County Clerk, John Martirano, County Attorney, and William Sonnik, Human Resources Director. RECONVENE IN REGULAR SESSION Commissioner Wivell, seconded by Aleshire, moved to convene in open session at 2:34 p.m. The motion passed unanimously. YOUTH MERITORIUS AWARD — MAY 2010 Vice President Baker presented a certificate of merit to Riley Lazich who was selected by the Washington County Community Partnership for Children and Families (WCCP) to receive the May 2010 Youth Meritorious Award. Riley attends Clear Spring Middle School and has been on the Honor Roll and Distinguished Honor Roll throughout his middle school years. He received a $100 U.S. Savings Bond from the WCCP. The Commissioners commended Riley for his leadership, academic and extra -curricular activities. RECESS The Commissioners recessed at 2:46 p.m. May 4, 2010 Page nine EVENING SESSION - PUBLIC HEARING - PROPOSED FISCAL YEAR 2011 BUDGET AND CONSTANT YIELD TAX RATE President John F. Barr called the evening session of the Board of County Commissioners of Washington County, Maryland to order in the Kepler Theatre at Hagerstown Community College at 7:00 p.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. The public hearing was held to consider/set the proposed Fiscal Year 2011 property tax rate and to consider the proposed Fiscal Year 2011 budget for Washington County. County Administrator Gregory Murray announced that the public hearing is being held to permit the residents of Washington County to comment on the Commissioners' intention to continue the property tax rate of $.948 per $100 of assessed full value for the Fiscal Year 2011 as required by Md. Code, Tax Property Article, §2-205 and §6-308, and to review the proposed Fiscal Year 2011 budget as advertised. Mr. Murray stated that, in accordance with provisions of the Tax Property Article, the Board of County Commissioners plans to consider adoption of the tax rate for Fiscal Year 2011 on Tuesday, May 18, 2010 in the Commissioners' meeting room in the County Administration Building. Mr. Murray indicated that continents may be sent to the Commissioners at 100 West Washington Street or via the Internet at www.washco-md.net. Mr. Murray discussed the County's budgetary issues this year, due to reductions in State funding and poor economic conditions. State reductions in the Highway user revenue were $9 million and the high unemployment rate amounted to an $8 million reduction in income tax revenue. The decline in the housing market has produced lower revenues for excise, recordation, and property taxes. Mr. Murray discussed the new Tax Differential policy, which lowers property tax rates by 12.5 cents for residents of municipalities, providing the tax incentive for services provided by municipalities directly to the municipal resident. He also stated that agencies that receive funding from the County and all County departments were asked to "flat -fund" their budgets for fiscal year 2011 at a maximum and reduce budgets if possible, and that the Commissioners determined that since County Departments were decreased overall, that funding to non -profits should also be decreased by 2%. Mr. Murray stated that the proposed fiscal year 2011 budget, balanced at $547.5 million (a decrease of 14.6% from the fiscal year 2010 budget) is as follows: General Fund - $197.1 million; Six Year Capital Plan - $306.5 million; Environmental Service Funds - $24.1 million; Transportation Service Funds - $13.7 million; and Other Service/Program Funds - $6.1 million. He reviewed some key points in the budget: Educational Funding - $104,037,710.00 (0.58% increase); Public Safety Funding - $34,530,800.00 (1.63% decrease); Capital Funding Items: Pay -Go - $4,500,000.00 (76.06% decrease), Debt Service - $13,121,250.00 (2.10% decrease). May 4, 2010 Page ten Commission President John F. Bair opened the hearing for public testimony. Fight citizens spoke on issues concerning the budget. After all testimony was given, Commissioner Barr adjourned the hearing at 7:54 p.m. /AJ Comity Administrator �X rL t 4 County Attorney County Clerk