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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 Page 4 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 Iu7:�`[I :: ► 1 �Z111J►C 1 u ►�1 ► -. 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