Loading...
HomeMy WebLinkAbout05.18.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland May 18, 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 8:33 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 (BOE) members in attendance were Paul Bailey, Ruth Anne Callaham, William Staley, Wayne Ridenour, Dorma Brightman, Justin Hartings, and Edward Forest. Washington County Public School (WCPS) staff members making presentations were Boyd Michael, Deputy Superintendent, Rob Rollins, Executive Director of School Operations, Chad Criswell, Director of Facilities Planning and Development, Matthew Davis, Facilities Planning Manager, and Chris South, Chief Financial Officer for Washington County Public Schools. Estimated Cost Der Seat for Future Elementarv. Middle and Hieh School Proiects Boyd Michael, Rob Rollins, and Chad Criswell presented information requested by the Commissioners regarding the "cost per seat" for the construction of future elementary, middle and high schools. Mr. Michael quoted figures, as of March 2010, which included the local cost per seat assuming full state participation: Elementary Schools — (Bester Elementary, "West City" Elementary, Fountaindale Elementary renovation, and "South County" Elementary) — 635seats - $9,375,250.00; Middle School (E. R. Hicks Middle Renovation) — 312 seats - $5,891,537.00; and Hieh School ("East City" High School) — 1,251 seats - $28,579,000.00. Prruil Generation Rates Mike Thompson, Washington County Planning Director, discussed pupil generation rates developed by the WCPS Department of Facilities Planning and Development. Matthew Davis outlined the current process used by the BOE and the County's Planning Department to project pupil generation rates from sixteen new subdivisions for elementary, middle, and high schools. Mr. Davis stated that use and occupancy permit data and student address data were used to calculate the 2010 pupil generation rates to meet the requirements of Section 5.5 of the Adequate Public Facilities Ordinance (APFO) entitled "Measuring for Available Capacity." The Boards discussed the data presented. Commissioner Aleshire, seconded by Wivell, moved to approve the following pupil generation rates for subdivisions as proposed by the Board of Education for calculations for student projections: Sinele Familv - Average 0.75 per household (elementary 0.38, middle 0. 18, high school 0.19); Townhouse — Average 0.41 per household (elementary 0.24, middle 0.08, high school 0.09); and Multi-Familv — Average 0.37 per household (elementary 0. 18, middle 0.08, high school 0.11). The motion passed unanimously. May 18, 2010 Page two Third Ouarter Budget Adiustments — FY 2010 Chris South requested adjustments to the Third Quarter FY 2010 General Fund Budget by decreasing the following categories: Revenue - $162,898.00; Administration - $265,610.00; Mid -Level Administration - $11,105.00; Instructional Salaries - $238,365.00; Other Inshuctional Costs - $88,264.00; Special Education - $1,394,230.00; Student Personnel Services - $10,275.00; Student Transportation Services - $256,210.00; and Fixed Charaes $42,975.00; and by increasing the following categories: Instructional Textbooks/Supplies - $61,527.00; Student Health Services - $166,060.00; Operation of Plant - $746,887.00, and Maintenance of Plant - $$1,169,662.00 for a net fund balance change of $0. WCPS staff responded to questions from the Commissioners regarding teacher staffing. Commissioner Kercheval, seconded by Aleshire, moved to approve the requested FY 2010 Third Quarter Budget adjustments for a net change in the Fund Balance of $0. The motion passed unanimously. Public School Construction Proeram — IAC Recommendations Boyd Michael and Rob Rollins presented an update on the final recommendations of the Interagency Committee on School Construction (IAC) for funding and planning for school construction projects for FY 2011, as requested by the Commissioners. Recommendations by the IAC are based on the approved 2010 Capital Budget, which allocates $250 million for the Public School Construction Capital Improvement Program, supplemented by an additional $13.7 million fionr the Statewide Contingency Account, for a total available funding of $263.7 million. Mr. Michael detailed that the IAC is recommending $7,970,000.00 for Washington County Public Schools, of which $6 million is for Eastern Primary, $1,150,000.00 for Antietam Academy, $620,000.00 full funding for the Barbra Ingram School for the Arts (BISFA), and $200,000.00 for the Old Forge Elementary suspended HVAC project. He advised that the Antietam and Eastern projects are eligible for continuing requests and that full funding is anticipated from the State of Maryland. Mr. Michael explained that BISFA's amount is not new money but is eligible due to alternative financing used for the project. County Administrator Greg Murray reported that the newly formed Council of Governments would hold its first organizational meeting on Thursday, May 20, at 6 p.m. at the Bulls & Bears Restaurant. Mr. Murray noted that each municipality would be sending a representative and that Commissioner Aleshire will be serving as the Commissioners' delegate. He stated that the meetings would be open to the public. CALL TO ORDER President John F. Barr called the regular meeting of the Board of County Cormnissioners of Washington County, Maryland to order at 10:00 a.m. in Room 227, 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. May 18, 2010 Page three 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 — Mav 11, 2010 Commissioner Kerclreval seconded by Aleshire moved to approve the minutes of May 11, 2010. The motion passed with Commissioners Kercheval, Aleshire, Wivell and Baker voting "AYE" and Commissioner Barr "ABSTAINING". DONATION OF 2009 ICC RESIDENTIAL BUILDING CODE BOOKS Dan DiVito, Permits and Inspections Director, informed the Commissioners that Building Safety Month has been expanded into a month-long campaign. In celebration of their 30`h year of increasing awareness of safe buildings, the International Code Council and the Maryland Building Officials Association donated ten sets of 2009 Residential and Building Code books to be split between Washington County Vocational -Technical School and the Barr Construction Institute. Rob Smith, Chief Inspector, presented the books to students representing the schools. Joan Warner, President of the Associated Builders and Contractors, and Commissioner Baker, Teacher at the Vo -Tech School thanked the Commissioners on behalf of the schools. DISCOVERY STATION FIVE-YEAR ANNIVERSARY PROCLAMATION Marie Byers, President of Discovery Station at Hagerstown, Inc. located in downtown Hagerstown, accepted a proclamation from President Barr, given on behalf of the Commissioners, to commemorate the five-year anniversary of the educational museum. Ms. Byers noted that an anniversary celebration was held last week and she presented the Commissioners with anniversary mugs. The Commissioners thanked Ms. Byers and the staff of volunteers who make the museum a success. BUDGET ADOPTION: SENIOR TAX CREDIT RESOLUTION ADOPTION Resolution for Senior Citizen SunDlemental Homeowners' Pronerty Tax Credit County Administrator Greg Murray detailed that the Commissioners must adopt a Senior Citizen Supplemental Homeowners' Property Tax Credit before adopting the budget today. He presented a Resolution, authorized by Md. Code, Tax Promei ty, Sections 9-215 and 9- 245 for individuals that are 70 years and older and of limited income. Mr. Murray described the parameters to be included in the Resolution, effective July 1, 2010, which would supplement the State's Homeowners' Tax Credit. County Treasurer Todd Hershey stated that qualified applicants would see a difference on their July 1, 2010 tax bills. The Cornmissioners discussed the proposed Resolution. Commissioner Aleshire expressed the desire to set the eligibility age at 65, not 70. Commissioner Wivell suggested a change in language to state clearly that the upper income limit is $60,000.00, as used in State guidelines. Staff was directed to make that revision to the Resolution. May 18, 2010 Page four Commissioner Wivell, seconded by Aleshire, moved to adopt the Senior Citizen Supplemental Homeowners' Property Tax Credit Resolution as amended. The motion passed unanimously. This issue was discussed further later in the meeting. Resolution for 10% can on Residential Non Homeowner-Occimied Homestead Tax Credit Mr. Murray discussed the need to adopt a resolution as of July 1, 2010, to grant a 10% tax cap on non homeowner -occupied housing, as requested by the Commissioners and included in the budget that was presented and is to be considered for adoption today. The Commissioners and Legal Staff discussed the Resolution and Staff advised that the Commissioners should adopt the general concept of the 10% cap before adopting the overall FY 2011 budget. Commissioner Aleshire expressed concerns with the fairness of this cap, which will not apply to all residential rentals classified by the State as commercial properties, and the fact that there is no guarantee that future savings will be passed on to the occupant. It was the consensus of the Commissioners to have Legal Staff and Treasurer Todd Hershey draft the Resolution and return later in the meeting for discussion and adoption. CITIZENS PARTICIPATION Vance Creech of Boonsboro discussed the granting of a homestead tax credit by the Commissioners to individuals who pay the tax bills, which does not insure that it is passed along to the occupant. Ed Wurmb, a senior citizen resident of Hagerstown expressed disappointment at the senior citizen tax relief being enacted for those 70 and over and mentioned that a bill passed last year uses age 65 for senior citizen tax relief eligibility. BUDGET ADOPTION: WATER AND SEWER RATES ADOPTION Julie Pippel, Director -Division of Environmental Management, distributed rate structure summaries to address the Commissioners' request to see what impact would be made by changing the minimum rate structure for the Department of Water Quality's water and sewer charges. The Commissioners discussed the data. Ms. Pippel stated that the Water and Sewer Advisory Commission would be reviewing the data. Commissioner Aleshire, seconded by Kercheval, moved to approve the water and sewer rates for FY 2011 by resolution as proposed. The motion passed unanimously. (Resolution RS -2010-10 is located in the County Commissioners' Office) Library Renovation Proiect The Commissioners discussed the Washington County Free Library (Library) Renovation Project and its history regarding plans, costs, and funding. Joe Kroboth, Public Works Director, provided information and answered questions from the Commissioners. Mr. Kroboth advised that an additional $2 million has been brought to the table since the project began. Commissioner Aleshire expressed the desire to continue with limits previously approved by the Commissioners for use of taxpayer dollars for this project and May 18, 2010 Page five to fully fund the project at the level previously agreed upon by the Board in the FY 2010 budget, consistent with the Library Board Chair's repeated statement that the Library would not return to the Cormnissioners to request additional public funds three times, including the most recent amount approved by the Commissioners at $7.045 million. Commissioner Kercheval advised to wait and see what the project's bid amounts are and make any adjustments at that time. RECEIPT OF ELECTRONIC BIDS FOR WASHINGTON COUNTY. MARYLAND GENERAL OBLIGATION BONDS OF 2010 Les Guthorn, Financial Advisor -Public Advisory Consultants, reported the online bids via the Parity Service for Washington County, Maryland General Obligation Bonds of 2010. Mr. Guthorn stated that the County's bond rating is currently "AA" through Standard and Poor's, which is still good news in today's economic outlook. The Commissioners viewed the bids online and evaluated the ones representing the lowest interest rate to the County. Mr. Guthorn announced that the low bid received for $7,860,000.00 Public Improvement Bonds, Tax -Exempt Series 2010A was from Davenport and Co., LLC at the True Interest Cost (TIC) of 2.37%; the low bid received for $10,915,000.00 Public Improvement Bonds, Taxable Build America Bonds (Direct Payment) Series 2010B was from J.P. Morgan Securities, Inc. for the Taxable TIC of 5.04% and the Effective TIC (1) of 3.28%; and the low bid received for $13,790,000.00 Tax -Exempt Public Improvement Refunding Bonds of 2010 was from Davenport and Co., LLC at the TIC of 2.45%. Mr. Guthorn and Debra Murray left the room to verify the bids submitted and stated that they would return later in the meeting for award of the bid. BUDGET ADOPTION (continued) The Commissioners continued the earlier discussion of the Library Project involving the bid proposals received. Greg Murray opened the discussion with information provided to the Commissioners by Dr. Altieri, Hagerstown Community College (HCC) President, regarding the bridge project and possible school site in the area. The Commissioners debated whether to purchase the former Mt. Aetna Farms property as a site for a new high school. Commissioner Aleshire reiterated that he would like to remove $250,000.00 set aside in the budget for land acquisition and lower the $2.6 million currently listed to $2.35 million. Commissioner Wivell stated that he was fine with adopting the operating budget but not the capital improvement budget due to funding issues with the Library, HCC land acquisition (Mt. Aetna Farms) and also the Devil's Backbone Dam project (whether grant money is available for removing vs. repairing the dam.) Commissioner Baker expressed his desire to move forward with purchasing the property and outlined a proposal on how to accomplish it. Commissioner Wivell agreed that the County should go ahead and purchase the property outright and he recommended removing $2.6 million from the budget for land acquisition. Commissioner Aleshire felt that the property was the wrong location for a high school. May 18, 2010 Page six Commissioner Wivell, seconded by Kercheval, moved to approve the FY 2011 Operating Budget that was presented at the Public Hearing held on May 4, 2010. Commissioner Wivell amended his motion to return employee sick leave bonuses to the budget, with funding to be determined by the Department of Budget and Finance. Conunissioner Kercheval seconded the amended motion. The motion passed unanimously. RECESS FOR LUNCH — CHILDREN IN NEED The Commissioners recessed at 12:00 p.m. for lunch with the Board and volunteers of Children in Need at 131 W. North Avenue, Hagerstown, Maryland. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:35 p.m., with the following members: Vice President Terry L. Baker, Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. 2010 JOHN FRYE HISTORIC PRESERVATION AWARD Commissioner Barr presented the 2010 John Frye Historic Preservation Award to South Lynn, owner of the historic Kennedy Farm, in recognition of his special contributions made to historic preservation in Washington County. Tom Riford, President and CEO, Hagerstown -Washington County Convention and Visitors Bureau and Ralph Young, Chair of the Historical Advisory Committee, provided information on the farm and Mr. Lynn's successful efforts to demonstrate that Abolitionist John Brown used the residence during the 1800s. Mr. Lynn thanked the Commissioners for the honor. BID AWARD — TRANSIT GARAGE FACILITY MAINTENANCE PROJECT CONTRACT NO. TR -GA -129-28, FEDERAL GRANT NO. MD -986-X001 Rob Slocum, Deputy Director, Public Works Capital Projects, and Vicky McKenzie, Project Manager, presented a recommendation to award the bid for the Transit Garage Facility Maintenance Project. Mr. Slocum stated that the lowest, responsive, responsible bidder was Callas Contractors, Inc., 10549 Downsville Pike, Hagerstown, for $220,388.60. Ms. McKenzie stated that it is contingent upon concurrence by the Maryland Transit Authority, which is expected upon expiration of the ten-day bid protest period. Mr. Slocum stated that the project is funded with American Recovery and Reinvestment Act (ARRA) funds, and he discussed the bids received. Transit Director Kevin Cerrone answered questions regarding a change in fencing requirements. Commissioner Kercheval, seconded by Baker, moved to award the Transit Garage Facility Maintenance Project to the lowest, responsive, responsible bidder, Callas Contractors, Inc., 10549 Downsville Pike, Hagerstown, for $220,388.60, with ADD Alternate No. 1 to Furnish and Install New Aluminum fencing. The motion passed with Commissioners Kercheval, Baker, Wivell, and Barr voting "AYE" and Commissioner Aleshire "NO". May 18, 2010 Page seven BID AWARD - PUBLIC IMPROVEMENT BONDS Or 2010 Les Guthorn, Financial Advisor, and David Funk, Bond Counsel -Funk and Bolton, returned to award the Public Improvement Bonds bid earlier in the morning. Mr. Guthorn stated that the aggregate interest rate is 2.877%. He described measures taken by the County over the past twenty years that resulted in higher bond ratings that in turn resulted in lower interest cost. The refunding portion of the bonds represented interest savings of $1,273,000.00. Mr. Guthorn stated that the winning bids have been verified and full faith and credit deposits have received. Mr. Funk read a summary of the Resolution regarding the bonds to be included in the motion. Commissioner Kercheval, seconded by Aleshire, moved to adopt a resolution supplementing Resolution No. RS -2010-08 adopted on May 4, 2010 relating to the issuance and sale by the County Conunissioners of Washington County of $7,860,000.00 Public Improvement Bonds, Tax -Exempt Series 2010A; $10,915,000.00 Public Improvement Bonds, Taxable Build America Bonds (Direct Payment) Series 201013; and $13,790,000.00 Tax -Exempt Public Improvement Refunding Bonds of 2010. The motion passed unanimously. (Resolution No. RS -2010-11 is located in the County Commissioners' Office) PUBLIC HEARING — PROPOSED ZONING TEXT AMENDMENT (RZ-10-002) The Conunissioners convened a public hearing at 2:30 p.m. regarding a proposed text amendment (RZ-10-002) to add libraries as a permitted use in the BL (Business Local) and the BG (Business General) zoning districts. Mike Thompson, Planning Director, stated that the Planning Commission recommended approval of the text amendment during its meeting held May 3, 2010. If approved, the amendments would go into effect on or about May 28, 2010. Commissioner Barr opened the hearing for public comment. There was no one present who wished to comment. The public hearing closed at 2:35 p.m. The Commissioners discussed the proposed amendment. Commissioner Kercheval, seconded by Wivell, moved to approve Zoning Text Amendment (RZ-10-002) to add libraries as a permitted use in the BL (Business Local) and the BG (Business General) zoning districts, to become effective ten days after today. The motion passed unanimously. (Ordinance No. ORD -2010-05 is located in the County Commissioners' Office) COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the Chamber of Commerce's post legislative forum regarding the past legislative session. He was also present at the ceremony held in Smithsburg to dedicate a memorial and road in memory of slain Smithsburg Police Officer Chris Nicholson. Mr. Kercheval attended a Black Rock Golf Board meeting where it was reported that sales for April were $34,000.00 over April 2009. May 18, 2010 Page eight Commissioner Wivell noted the dedication to Officer Nicholson and commended the Town's efforts to honor his memory. Commissioner Aleshire reported that he also attended the dedication to honor Officer Nicholson and the post legislative forum. He was present at a meeting of the Permit Advisory Board. Mr. Aleshire discussed the Commissioners' membership in the National Association of Counties (NACo) and why dues were not paid this year. Mr. Murray stated that it was decided to save $3,000.00 in the budget since this item was not seen as a direct benefit. Commissioner Kercheval felt that NACo had been successful in the past with lobbying at the federal level. Commissioner Aleshire noted that he addressed the graduates at HCC's recent commencement ceremony. He also was present at the opening ceremonies for the National Pike Wagon Train Festival held this past weekend. Ivlr. Aleshire, along with County Staff, attended the forum for the Western Maryland Local Government Exchange. He reported enjoying the Salem Avenue Elementary School's "Celebrating Minds at Work" event that he attended. Commissioner Baker indicated that he presented a Certificate of Merit to Evan Hardy of Williamsport during his recent Eagle Scout award ceremony, on behalf of the Commissioners. Commissioner Barr stated that he was out of town last week but wanted to congratulate Dr. Altieri, HCC staff, and the 2010 graduates on this year's graduation. He noted that the National Pike Wagon Train Festival was a success. COUNTY ADMINISTRATOR'S COMMENTS Budget Transfer Request Greg Murray requested approval from the Commissioners for a budget transfer of $30,056.00 from the pavement maintenance account RD -1024 to the Smithsburg Signal Program. He detailed that it is a budgeted CIP project with a required contribution from the Town of Smithsburg. The Town is using its American Recovery and Reinvestment Act (ARRA) funds, which are currently in the County's account. Commissioner Wivell, seconded by Kercheval, moved to approve the budget transfer request as presented. The motion passed unanimously. APPROVAL OF VARIOUS GRANTS — WASHINGTON COUNTY SHERIFF'S OFFICE 2010 Badees for Baseball Sheriff Doug Mullendore provided details of the "Badges for Baseball" $18,000.00 grant provided through the Cal Ripken, Sr. Foundation. The funds would provide a mentoring program that includes teaching baseball, learning sportsmanship, healthy eating, and making right choices. The Sheriff's Department is collaborating with the Boys and Girls Club as well as the County's Recreation and Parks Department. May 18, 2010 Page nine Sex Offender Compliance and Enforcement in Marvland The Sheriff requested acceptance of a $42,039.00 grant from the Governor's Office of Crime Control and Prevention (GOCCP) for "Sex Offender Compliance and Enforcement in Maryland — Monitoring SupportlTraining." He indicated that the program tracks the compliance of local sex offenders who are required to register/re-register with the Maryland Sex Offender Registry. Edward Bvrne Memorial — Justice Assistance Grant Proeram Sheriff Mullendore requested approval of a $21,895.00 Justice Assistance Grant (JAG) from the Edward Byrne Memorial Program. He stated that the program allows local governments to support a broad range of activities, such as special events, by providing overtime funds for law enforcement officers. School Bus Safetv Enforcement Sheriff Mullendore recommended the approval of a $15,000.00 GOCCP grant to cover overtime patrols during the school year that monitor school busses and "hot spot" traffic areas for safety. Recovery Act JAG Proeram The Sheriff requested approval from the Commissioners to accept a grant from the Department of Justice, Office of Justice Programs — Bureau of Justice Assistance "Recovery Act JAG Program" for $94,721.00. He stated that the scope of the grant changed due to the relocation of the Sheriff s Department vehicle storage lot. The funds will be used for fencing necessary to relocating the lot. Commissioner Aleshire, seconded by Kercheval, moved to approve all of the grants as presented. The motion passed unanimously. BID AWARD (PUR-1129) - UNIFORMS FOR WASHINGTON COUNTY SHERIFF'S DEPARTMENT OFFICERS Rick Curry, Buyer -Purchasing Department, recommended awarding the contract for Sheriff s Department uniforms to the responsible, responsive low bidder - Red the Uniform Tailor, Inc. of Lakewood, New Jersey for $52,068.75. Mr. Cunt' stated that the contract is for a one-year period with the option to renew for up to two additional consecutive one-year periods. Commissioner Kercheval, seconded by Baker, moved to award the contract to the responsible, responsive low bidder - Red the Uniform Tailor, Inc. of Lakewood, New Jersey for the total sum bid of $52,068.75, based on estimated quantities (no guaranteed minimum/maximum) of each uniform piece at per unit bid prices as listed in the agenda packet. The motion passed unanimously. May 18, 2010 Page ten PROGRESSIVE DISCIPLINARY AND DISMISSAL POLICY William Somrik, Human Resources Director, presented recommended revisions to the County's Progressive Disciplinary and Dismissal Policy (HR -2). The Commissioners discussed the policy and there was a consensus to add to the paragraph concerning insubordination "improper conduct toward a supervisor or member of the nublic..." Commissioner Kercheval, seconded by Wivell, moved to approve, with revisions, the Progressive Disciplinary and Dismissal Policy as presented and discussed today. The motion passed unanimously. REQUEST TO FILL POSITION —ACCOUNTS RECEIVABLE TECHNICIAN William Sormik brought forth the proposal to approve to fill a vacant, budgeted Accounts Receivable Technician position in the County Treasurer's Office. Treasurer Todd Hershey presented documentation regarding the request and discussed the need for the position. The Commissioners discussed the request with Mr. Hershey. Commissioner Kercheval, seconded by Baker, moved to approve to fill a vacant, budgeted Accounts Receivable Technician position in the County Treasurer's Office at Grade 7, Step 1. The motion passed with Commissioners Kercheval, Baker, Aleshire and Barr voting "AYE" and Commissioner Wivell `NO". RESOLUTION FOR SENIOR CITIZEN SUPPLEMENTAL HOMEOWNERS' PROPERTY TAX CREDIT Assistant County Attorney Kirk C. Downey presented the proposed a revised resolution for a Senior Citizen Supplemental Homeowners' Property Tax Credit. The Commissioners discussed the resolution and the proposed revisions. Commissioner Kercheval, seconded by Wivell, moved to rescind the previously adopted (earlier in today's meeting) Washington County, Maryland Senior Citizen Supplemental Homeowners' Property Tax Credit and adopt the revised version of the Washington County, Maryland Senior Citizen Supplemental Homeowners' Property Tax Credit as presented today. The motion passed unanimously. (Resolution RS -2010-09 is located in the County Commissioners' Office) RESIDENTIAL NON HOMEOWNER -OCCUPIED HOMESTEAD TAX CREDIT Assistant County Attorney Kirk C. Downey presented a proposed resolution for a Residential Non Homeowner -Occupied Homestead Tax Credit. The Commissioners discussed the resolution and its similarities to the State version. Commissioner Wivell, seconded by Baker, moved to adopt the Residential Non Homeowner -Occupied Tax Credit Resolution as presented. Commissioner Aleshire questioned how the credit would assist the resident situation that exists at Homewood or Ravenswood with long-term lease/fees. Treasurer Todd Hershey advised of the rental tax May 18, 2010 Page eleven credit program that is available to certain renters. The motion passed unanimously. (Resolution RS -2010-12 is located in the County Commissioners' Office) BUDGET ADOPTION (continued) The Commissioners held continuing dialogue regarding the CIP budget and related issues. Discussion centered on the Professional Court bridge project, the possible land purchase for a future public high school site, and funding for renovations to the Library. Commissioner Aleshire requested that his previously suggested reductions be made to the budgeted items. Commissioners Kercheval and Barr favored adoption of the CIP budget as presented and making any necessary adjustments to specific projects at a future date if necessary. Commissioner Baker expressed the desire to move forward with the purchase of property for a future high school site as well as the Professional Court bridge and road project. Commissioner Baker, seconded by Wivell, moved that direction be given to staff to negotiate with Diakon to purchase a minimum of 175 acres of Mt. Aetna Farms property immediately. The property is to be purchased with the East City High School land acquisition money. Take the $4.1 million from the Robinwood project. Use approximately $0.5 million dollars of this money and add it to the land acquisition money. Take the remaining $3.5 million and add to the ARC projects $600,000.00 for a total of $4.1 million. Add the $4.1 million to the $10 million of Federal bridge money; a total of $14.1 million. The bridge is to cost approximately $6.5 million leaving about $7.6 million to build the new bridge road that will connect the bridge to Varsity Road, over to the Senior Center at HCC. $7.6 million will build a very nice road. Seek a contribution from the City of Hagerstown, the WCPS and HCC. 60 acres of this Mt. Aetna farm property will be set aside to be used for Open Space land and a new Washington County public high school site, i.e., East City High School future site. The remaining lands will be offered to developers to be developed in the future. Money from the sale of remaining lands will be put back into school projects and costs. This will give the County the option to use money we have instead of adding an additional cost to our taxpayers that we would not/could not recoup. The Commissioners and Staff discussed details of the motion. The motion failed with Commissioners Aleshire, Kercheval, and Barr voting "NO" and Commissioners Baker and Wivell voting "AYE". Commissioner Aleshire moved to support the capital budget with the total of no more than $11.5 million in tax -supported borrowing. The motion died for lack of second. It was the consensus of the Commissioners to table further discussion of the CIP budget this week and hold further discussions next week May 18, 2010 Page twelve APPALACHIAN REGIONAL COMMISSION (ARC) PROJECT SUBMISSIONS At the request of the Cormnissioners, Tim Troxell, EDC Director and Bob Mandley, EDC Marketing Specialist, presented an additional application for Transportation Equity Act (TEA -21) funding received by the May 14 deadline. Mi. Troxell indicated that the Shawley Drive realigmnent (Washington County project) was submitted. He reminded the Commissioners that an application from the City of Hagerstown for the extension of Professional Court ($500,000.00) was previously submitted and discussed with the Commissioners last week. The Commissioners discussed the applications and their priority. Commissioner Kerclreval suggested that the Commissioners defer the $400,000.00 TEA -21 grant funding allocated to Washington County this year for the Mt. Aetna Farms property, to Garrett County due to time constraints, and shift it to next year with the hope of receiving a larger share of the same funding during for next year's funding cycle. Commissioner Aleshire, seconded by Kercheval, moved for approval of the ARC TEA -21 funding projects with the Washington County Shawley Drive Realignment as the Number 1 project on the listing of priorities and the Extension of Professional Court as submitted by the City of Hagerstown as the Number 2 priority project, with the original amount of $500,000.00 as requested by the City of Hagerstown be amended to $600,000.00, and to include a $400,000.00 swap with Garrett County for this year. The motion passed with Commissioners Aleshire, Kercheval and Barr voting "AYE" and Commissioners Baker and Wivell "NO". CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 5:13 p.m. to discuss the appointment, employment, assignment, compensation, removal, resignation, 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 consult with staff or other individuals about pending or potential litigation; 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 with Commissioners Kercheval, Baker, Wivell and Barr voting "AYE" and Commissioner Aleshire "NO". In closed session, the Commissioners discussed the appointment, employment, assigmnent, compensation, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; consulted with staff or other individuals about pending or potential litigation; 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. Also present were Gregory Murray, County Administrator, Vicki Lumni, County Clerk; John Martirano, County Attorney; and May 18, 2010 Page thirteen at various times Andrew P. Wilkinson, Assistant County Attorney, William Sonnik, Human Resources Director, Joe Kroboth, III, Public Works Director; Rob Slocum, Deputy Director, Public Works Capital Projects, and Jessica Spring, Project Manager. ADJOURNMENT Conunissioner Aleshire, seconded by Wivell, moved to adjourn at 5:35 p.m. The motion passed unanimously. Counriristrator _1� r, County Attomr y —4It%- (2,— County Clerk