HomeMy WebLinkAbout02.22.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
February 22, 2011
LUNCHEON AND JOINT MEETING WITH THE 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. County Commissioner President
Terry L. Baker called the meeting to order at 12:12 p.m. with the following members
present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A.
Cline, and William B. McKinley. Board of Education members present were Paul Bailey,
Wayne Ridenour, Justin Hartings, Karen Harshman, and Jacqueline Fischer.
President Baker congratulated Dr. Elizabeth Morgan on her new position and thanked her
for the work done on behalf of Washington County citizens during her time served as the
Superintendent of Washington County Schools. Dr. Morgan thanked the Commissioners
for their support during her tenure.
Second Ouarter Budeet Adiustments — FY 2011
Chris South, Chief Financial Officer for Washington County Public Schools (WCPS),
requested adjustments to the Second Quarter FY 2011 General Fund Budget by decreasing
the following categories: Revenue - $4,400,182.00; Administration - $124,320.00;
Instructional Salaries - $505,440.00; Special Education - $1,200,000.00; and Fixed
Charges - $4,425,455.00; and by increasing the following categories: Instructional
Textbooks/Supplies - $508,445.00; Other Instuctional Costs - $46,095.00; Student
Personnel Services - $13,885.00; Student Health Services - $29,350.00; Student
Transportation Services - $198,284.00; Maintenance of Plant - $1,019,974.00; and Food
Service - $39,000.00, for a net fund balance change of $0. Mr. South discussed the line
items with the Commissioners.
Commissioner McKinley, seconded by Callaham, moved to approve the requested FY
2011 Second Quarter Budget Adjustments for a net change in the Fund Balance of $0. The
motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner McKinley, seconded by Barr, moved to convene in closed session at 12:35
p.m. to consider the acquisition of real property for a public purpose and matters directly
related thereto, in accordance with Section 10-508 of the State Government Article of the
Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners considered the acquisition of real property for a
public purpose and matters directly related thereto. Present during closed session were
Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and
William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki
Lumm, County Clerk; John Martirano, County Attorney, Mike Thompson, Planning
February 22, 2011
Page 2
Department Director, Joe Kroboth, III, Public Works Director, Joe Kuhna, Real Property
Administrator. Elected Board of Education members present were Paul Bailey, Wayne
Ridenour, Justin Hartings, Karen Harshman, and Jacqueline Fischer; and Board of
Education Staff Dr. Elizabeth Morgan, Chris South, Boyd Michael, Michael Markoe,
Donna Hanlin, Chad Criswell, Rob Rollins, Anthony Trotta, Donna Newcomer, David
Brandenburg, and Shula Finkelstein.
RECONVENE IN OPEN SESSION
Commissioner Cline, seconded by McKinley, moved to reconvene in regular session at
1:12 p.m.
(Commissioner Barr was absent from the meeting from 1:33 p.m. until 2:10 p.m.)
PUBLIC HEARING — AMENDMENTS TO THE BUILDING EXCISE TAX
ORDINANCE FOR WASHINGTON COUNTY
President Baker convened a Public Hearing at 1:33 p.m. at 100 West Washington Street,
Room 227, Hagerstown, regarding proposed amendments to the Building Excise Tax
Ordinance for Washington County Maryland (Ordinance), which would eliminate the
doubling of excise tax for building permits applied for in excess of 25 in a single
subdivision or development per fiscal year as provided for in Section 3.03 of the Ordinance
and such other applicable changes. Andrew F. Wilkinson, Assistant County Attorney,
provided details of the proposal. The Public Hearing was opened for comment.
Citizens offering comments in favor of the proposal were:
Tim Fields of Mercersburg Road, Clear Spring, President of the Land Use Council -Home
Builders Association of Washington County; Attorney Jason Divelbiss of 12916 Conamar
Drive, Hagerstown; Ron Koontz, 14726 Fairview Church Road, Clear Spring; and Jeremy
Holder, 17568 Miller's Sawmill Road, Sharpsburg, speaking on behalf of Westfrelds
Developers, LLC.
Citizens offering comments against the proposal were:
Joe Lane of 12030 Hippan Hill Road, Smithsburg; Barbara Hovermill of 16286 Spielman
Road, Williamsport; Alan Swope of 14606 Falling Waters Road, Williamsport; Jim Laird,
representing Citizens for the Protection of Washington County; and Henrietta Livelsberger
of 20410 Bent Willow Road, Rohrersville.
The Public Hearing was closed at 2:02 p.m. The meeting was opened for comments from
the Commissioners. After discussion, it was their consensus to contemplate the issue and
the comments received, and schedule its discussion in the near future.
(Commissioner Barr returned to the meeting at 2:10 p.m.)
February 22, 2011
Page 3
INTRODUCTION OF VISITORS FROM CHINA
William Sonnik, III, Human Resources Director, introduced Larry Glenn, Director of
Kaplan University. Mr. Glenn introduced students of the "Bureau of Foreign Expert
Affairs" from the Guangxi Province in China, who are completing a program at the
University. Mr. Sonnik indicated that the students would be visiting several County
departments this week. The Commissioners welcomed the visitors and presented them with
County lapel pins.
CAPITAL IMPROVEMENT BUDGET DISCUSSION (DRAFT 1)
Debra Murray, Finance Director, and Joe Kroboth, III, Public Works Director, of the
Capital Improvement Committee, introduced a discussion of the Capital Improvement
(CIP) Budget for the Board of Education, Hagerstown Community College, Railroad
Crossings, Transit, Water Quality, and General Government. Mr. Kroboth presented the
$10.29 million Board of Education budget for various improvements to school facilities
proposed for the coming fiscal year and provided the status of school construction projects.
Dr. Guy Altieri, President, and Greg Snook, Board Vice Chancellor, of Hagerstown
Community College, presented an overview of the budget for the College. Dr. Altieri
discussed various construction projects and noted the continued student growth rate. Greg
Snook stressed the need for a rear entrance to the College.
Joe Kroboth indicated that there are no railroad projects planned in the FY 2012 Budget.
He provided information regarding the Transit Department budget and the status of the
Transit Transfer Center being constructed on the corner of Franklin and South Prospect
Streets.
Julie Pippel, Director -Division of Environmental Management, provided information
regarding the Department of Water Quality's $11.236 million capital budget. Ms. Pippel
described the necessary improvements to the Department's various facilities.
Debra Murray discussed the General Government Operations section in the draft budget,
which contains a $151,500.00 item for financial system upgrades to the County's time
management system. Mr. Kroboth indicated that $40,000.00 in funding is being budgeted
to replace a chiller at the County Administration Building and $155,700.00 to replace the
au conditioning system at the County Office Building. He stated that the Senior
Community Center project would soon be placed out for bids. Mr. Kroboth discussed the
budgeted amounts to demolish various County -owned properties for planned projects.
PRE -DISASTER MITIGATION GRANT AWARD
Kevin Lewis, Director -Division of Emergency Services, recommended that the
Commissioners accept a Pre -Disaster Mitigation Grant of $32,550.00 from the Maryland
Emergency Management Agency (MEMA), which will be used to improve the
effectiveness and efficiency in pre -hazard identification, assess the County's vulnerability,
February 22, 2011
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and develop mitigation strategies. Mr. Lewis indicated that the grant provides for an update
of the County's current plan as required by the Federal Emergency Management Agency
every five years.
Commissioner Barr, seconded by McKinley, moved to accept the Pre -Disaster Mitigation
Grant of $32,550.00 from the Maryland Emergency Management Agency as presented,
and to authorize the execution of the required documentation. The motion passed
unanimously.
RESIDENTIAL STIMULUS PROGRAM
Dan DiVito, Director -Permits and Inspections Department, discussed the possible
reinstatement of the Residential Stimulus Program, originally sponsored by the Board of
County Commissioners in 2010, to address high unemployment in the County by providing
an incentive for new construction. Mr. DiVito stated that the conditions that warranted the
implementation of the program in 2010 still exist today. He provided an overview of the
proposed program, which includes:
Scone: One and two-family residences, modular and mobile homes, condominiums and
residential additions;
Duration: Building permits must be applied for and issued between an eight-month period
from March 1, 2011 to December 31, 2011;
Limitations: Maximum of 6 permits per builder and the framing inspection must be made
within 6 months of permit issuance with a Use and Occupancy (U & O) Certificate issued
within 18 months of permit issuance with no extensions allowed. Mobile and modular
home U & Os must be issued within 12 months of issuance.
Program: Each applicant will receive a credit equal to up to 3,000 square feet maximum, or
$9,000.00, applied to the amount of tax due as determined by the Excise Tax Ordinance.
Violation: Violations will result in the immediate application of the full excise tax due on
the project as determined by the Ordinance as well as all County permitting fees.
Fiscal Impact: Maximum of $9,000.00 per eligible permit.
The Commissioners requested a report of the program's progress from Mr. DiVito in four
months.
Commissioner Callaham, seconded by McKinley, moved to accept the Residential
Stimulus Program as submitted. Commissioner McKinley noted an error in the eight-
month period listed, which should end on October 31, 2011 and not December 31, 2011.
Commissioner Callaham amended her motion to correct the eight-month period and
Commissioner McKinley seconded the amended motion. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner McKinley, seconded by Callaham, moved to convene in closed session at
4:00 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 consult with staff,
February 22, 2011
Page 5
consultants, or other individuals about 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 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;
consulted with staff, consultants, or other individuals about potential litigation; and
consulted with counsel to obtain legal advice. Present during closed session were
Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and
William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki
Lumm, County Clerk; John Martirano, County Attorney; and at various times, Andrew F.
Wilkinson, Assistant County Attorney, John Kenney, and an individual who discussed a
financial obligation and a business opportunity/proposal.
EVENING MEETING — TOWN OF SHARPSBURG
President Terry L. Baker called the evening session of the regular meeting of the Board of
County Commissioners of Washington County, Maryland to order at 7:03 p.m. at
Sharpsburg Town Hall, 106 Main Street, Sharpsburg, with the following members: Vice
President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and
William B. McKinley.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Delaney Catlett provided the Invocation followed by the Pledge of Allegiance to
the Flag by the full assemblage.
APPROVAL OF MINUTES —February 15, 2011
Commissioner Callaham, seconded by Barr, moved to approve the minutes of February 15,
2011. The motion passed unanimously.
County Clerk Vicki Lumm requested a correction to the minutes of August 10, 2010,
concerning the recording of a vote. She advised that the vote concerning the Repeal,
Enactment and Adoption of Various Washington County Building Codes incorrectly listed
Commissioner Kristin B. Aleshire as voting "AYE" and also "NO." Ms. Lumm stated that
she listened to a recording of the session to confirm that it was Commissioner William J.
Wivell voting "AYE" and Commissioner Aleshire voting "NO."
Commissioner Barr, seconded by McKinley, moved to amend the previously adopted
August 10, 2010 minutes as discussed, and to direct County Clerk Vicki Lumm to make a
notation of the correct vote for Commissioners Wivell and Aleshire to those minutes, and
to approve the minutes as corrected. The motion passed unanimously.
February 22, 2011
Page 6
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Callaham attended the Long Meadow Volunteer Fire Company's annual
banquet and a Fireman's Association meeting. She also reported on meetings of the
Commission On Aging Board and Public Golf Corporation Board.
Commissioner Cline thanked the League of Women Voters for hosting a luncheon meeting
last week with the Commissioners. He attended a Maryland Association of Counties
(MACo) meeting in Annapolis and an Agricultural Education Center Board meeting. Mr.
Cline was present at the Fireman's Association meeting at the Western Enterprise Station
and a Washington County Recreation Department basketball program at Hancock High
School. He stated that he toured the Brumbaugh-Kendle-Grove farmstead with Airport
Director Phil Ridenour. Commissioner Cline also attended the Long Meadow Volunteer
Fire Company's Awards banquet and Rotary Club's Bull and Oyster Feed. He thanked
various County employees who assisted him with requests this past week.
Commissioner Barr thanked the Town for hosting the meeting.
Commissioner McKinley advised that he traveled to Annapolis with representatives of the
Greater Hagerstown Committee, Chamber of Commerce, and League of Women Voters
for a lobbying coalition meeting. He noted that the overall budget message received from
the State was poor.
Commissioner Baker thanked Transit Director Kevin Cerrone for representing him at the
Hagerstown/Eastern Panhandle Metropolitan Planning Organization (MPO) meeting last
week along with Commissioner Callaham. He advised that Lyn Widmyer and Martin
Brubaker are serving as Co -Chairs of the organization this year. Mr. Baker and Ms.
Callaham presented awards at the Long Meadow Volunteer Fire Company banquet.
Commissioner Baker attended the Hancock basketball games where he handed out tee
shirts to the players. He thanked the Hancock Mayor and Council for their support.
OTHER BUSINESS
ADnointment to Boards/Commissions
Adult Public Guardianshin Review Board
Commissioner Barr, seconded by McKinley, moved to appoint Brenda Bush to the Adult
Public Guardianship Review Board, as the representative from a local nonprofit social
service organization, for a first three-year term, extending through February 28, 2014. The
motion passed unanimously.
County Administrator
County Administrator Greg Murray provided information on House Bill 969, introduced
by Delegate LeRoy Myers, which moves the State Plumbing and Heating, Ventilation, Air
Conditioning, and Refrigeration Code from the State Board of Plumbing to the Department
of Housing and Community Development, making it responsible for enforcement. He
stated that Delegate Myers has asked County Staff to testify in favor of the bill, which
February 22, 2011
Page 7
would consolidate the authority into one department, making one division responsible for
its enforcement. It was the consensus of the Commissioners to discuss support of the Bill
at next week's meeting after Mr. Murray obtains further details.
REPORTS FROM COUNTY STAFF
Joe Kroboth, III, Public Works Director, reported that the Devil's Backbone Dam Project
was advertised for bids and should begin by June 1, 2011. Mr. Kroboth discussed the
recent changes in qualifications for airports to be eligible for Essential Air Service (EAS)
funding, which would affect the Hagerstown Regional Airport's (HRA) Cape Air
commuter service. He indicated that Cape Air leaves Hagerstown four times daily and
carries 4400 passengers per year. The new restrictions would increase the required criteria
from 70 to 90 miles for the distance from a hub airport. Mr. Kroboth advised that he and
Airport Director Phil Ridenour contacted Senators Mikulski and Cardin to intervene and
maintain EAS service to HRA. Mr. Kroboth and Mr. Ridenour will be meeting again to
work on strategy.
Commissioner Baty, seconded by Cline, moved to authorize Staff to pursue methods
deemed necessary to maintain Essential Air Service at the Hagerstown Regional Airport,
and to allow President Baker to sign any paperwork associated with their efforts. The
motion passed unanimously.
Mr. Kroboth advised that the Federal Emergency Management Agency (FEMA) is
updating floodplain maps across the County and will be unveiling the process next week
during a meeting set for Monday, February 28 in the County Administration Building. He
stated that he has significant comments regarding the maps and changes proposed for the
designation of floodplain areas.
CITIZENS PARTICIPATION
Jeremy Holder, 17568 Miller's Sawmill Road, Sharpsburg, complimented the County and
the Commissioners for their past fiscal responsibility and forward thinking that has kept
the County stable during the rough economic times. Mr. Holder discussed his work
experience with FEMA stormwater management/floodplain issues.
Darryl Benner, Vice President of the Sharpsburg Volunteer Fire Company, discussed
combining the fire and EMS stations in the Town and raised concerns with less funding
being available after combining services. Greg Murray discussed the funding issues and
stated that he and/or the Commissioners would be glad to meet with the companies
regarding advice and assistance for the project. Mr. Benner will advise when a special
meeting is set and the County will be invited to attend.
Vice Mayor Brian Gabriel thanked the Commissioners for visiting the Town. He
questioned the methods for computing the minimum water and sewer costs applied to a
citizen's bill. Mr. Murray explained the certain fixed charges that must be applied to every
customer to provide for infrastructure and service.
February 22, 2011
Page 8
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Mayor Hal R. Spielman welcomed the Commissioners to Sharpsburg and invited them
back anytime in the future.
ADJOURNMENT
Commissioner Barr, seconded by McKinley, moved to adjourn at 8:02 p.m. The motion
passed unanimously.
Gregory B. &+y, Count Administrator
John M. Martir
Vicki C. Lumm, County Clerk