HomeMy WebLinkAbout04.19.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
April 19, 2011
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 8:54 a.m. with the following
members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham,
Jeffrey A. Cline, and William B. McKinley.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Dean Miller of Boonsboro First Christian Church offered the Invocation followed
by the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES —Ancil 12, 2011
Approval of the April 12, 2011 minutes was postponed until the next Commissioners'
meeting.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline introduced his parents, Harry and Elaine Cline, and presented a
Certificate of Merit and Washington County pin to his father in honor of his 88`x' birthday.
The Commissioners wished him well and thanked him for his military service during
World War II. Commissioner Cline stated that he enjoyed the Children's Village breakfast
fundraiser where Sheriff Doug Mullendore was a volunteer server. He reported meeting
with a local business owner, touring the new Meritus Medical Center with the Disabilities
Advisory Committee, and attending a Fire Police meeting in Smithsburg.1vfi% Cline was
present at a Hancock Town meeting to discuss economic development also attended by the
Washington County Economic Development Commission (EDC) staff members. He
attended the "Take Flight II" hot air balloon unveiling ceremony sponsored by the Barbara
Ingram School for the Arts (BISFA) and a conference on mass fatality planning at the
Washington County Health Department. Commissioner Cline attended an open house held
by the Association for Retarded Citizens at the new Mac McLean Center that employs 600
people. He noted that a County employee casual day would be held on April 21 to benefit
the March of Dimes Babies' Walk on April 30. Commissioner Cline thanked County
Administrator Greg Mm -ray and County staff for the prompt responses given to citizens
having inquiries or concerns.
Commissioner Callaham reported that she attended board meetings of the Commission for
Women, Commission on Aging, and Black Rock Golf Course. She presented a certificate
to Eagle Scout Michael Carroll at his Court of Honor ceremony. Mrs. Callaham was also
present at the Town meeting in Hancock.
Commissioner Barr reported that he also attended the breakfast to benefit Children's
Village. He attended the "Heroes Breakfast" for the Washington County Chapter of the
American Red Cross to honor local honorees. Mr. Barr was present at the Local
April 19, 2011
Page 2
Management Board meeting where items noted were the annual "Community Night Out"
to be held on August 2, and a Character Counts event on May 17 at 12 p.m. at Elgin
Station. He attended the BISFA hot air balloon -unveiling and "Alpaca Weekend" held at
the Agricultural Education Center. Mr. Barr announced that he would be leaving this
morning to serve as moderator for the first "Western Maryland Go Green Expo" at
Hagerstown Community College. He noted that the 23`d annual Workshop on Child Abuse
and Neglect, sponsored by C -Safe, was being held at the Lifehouse Church this morning.
Commissioner McKinley reported that he attended the annual banquet of the International
Association of Administrative Professionals to present a proclamation on behalf of the
Commissioners. He attended a Water and Sewer Commission meeting and advised that
applicants are needed for the Board. He also attended the Children's Village breakfast, the
Hancock Town meeting, and the BISFA hot air balloon unveiling. Mr. McKinley reported
on a meeting to discuss the planned Senior Center and a meeting with a businessperson in
the north end of Hagerstown. He thanked County staff for the prompt and accurate
information provided to the Commissioners when requested.
Commissioner Baker stated that he attended the Hancock Town meeting and a Parks and
Recreation Board meeting. He attended a forum to meet a candidate for the Superintendent
of Schools' position this morning. Mr. Baker reported on calls received from citizens
concerning recycling dumpsters and where the demolition debris from the former
Washington County Hospital would be placed. Greg Murray advised the demolition
contractor would be using a recycling company for much of the debris. Commissioner
Baker congratulated his twin daughters and Aunt Nancy on their recent birthdays.
Commissioner Barr commented that he was impressed with recycling initiatives used at the
Mac McLean Center and that some collaborative efforts could be discussed with the
County in the future.
CITY OF HAGERSTOWN ANNEXATION REOUEST — (A-2010-04)
Mike Thompson, Director of the Planning Department, and Alex Rohrbaugh, Planner for
the City of Hagerstown presented an annexation request from the City of Hagerstown
(A-2010-04) for portions of 95 properties, totaling 21.84 acres currently zoned IG
(Industrial General) under County zoning. Mr. Thompson stated that the city proposes to
annex portions of the properties, which are now split by the municipal boundary resulting
in the properties being in both the City and County. Mr. Rohrbaugh advised that the
properties would be zoned "Residential," which reflects the current use of the properties,
and that the City would be holding a Public Hearing to obtain comments regarding the
proposal. The Commissioners discussed the issue. It was the consensus of the
Commissioners to wait until the City holds its Public Hearing before determining whether
to grant "express approval" for the annexations and subsequent zoning changes.
April 19, 2011
Page 3
DYNAMARK MONITORING. INC. RESOLUTION
Tim Troxell, Economic Development Commission (EDC) Director, presented a request for
approval of a Resolution for Endorsement of Maryland Economic Development Assistance
Fund (MEDAF) Loan and Local Incentive for Dynamark Monitoring, Inc. Mr. Troxell
advised that the $70,000.00 loan from the Maryland Department of Business and
Economic Development, under the Maryland Economic Development Assistance
Authority, will be used by Dynamark Monitoring, Inc. to purchase an existing building in
Hagerstown to expand its operations. In addition, the County would contribute $25,000.00
toward the project in the form of a conditional loan under the terms and conditions similar
to the State. Mr. Troxell stated that Dynamark Monitoring, Inc. estimates a minimum
capital investment of $1,500,000.00 in the project and the creation of 35 new full-time
jobs. The Commissioners discussed the proposal.
(Commissioner Barr left the meeting at 9:55 a.m.)
Commissioner Callabam, seconded by McKinley, moved to approve the resolution for the
endorsement of the State of Maryland's $70,000.00 MEDAF loan and $25,000.00
conditional loan fi•om the County. The motion passed unanimously.
(Resolution No. RS 2011-04 is located in the County Commissioners' Office)
FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT,
FOR THE BRUMBAUGH-KENDIX-GROVE FARMSTEAD
Joe Kroboth, Ill, Public Works Director, and Phil Ridenour, Airport Director, presented a
Memorandum of Agreement (MOA) for approval by the Commissioners regarding the
Brumbaugh-Kendle-Grove Farmstead (Farmstead.) Mi•. Kroboth stated that the involved
parties - Federal Aviation Administration, Maryland Historic Trust, and the County
Commissioners - are ready to move forward with the terns set forth in the MOA
concerning the options for the Farmstead. He assured the Commissioners that all interested
parties had revie-8ved the comments received. Mr•. Ridenour described the group that would
be formed to oversee the process after the MOA is signed.
Commissioner McKinley, seconded by Cline, moved to approve the MOA for the
proposed treatment of the Brumbaugh-Kendle-Grove Farmstead located at the Hagerstown
Regional Airport, which has been signed by the Federal Aviation Administration and will
be signed by the Board of County Commissioners and Maryland Historical Trust. The
motion passed unanimously.
GRANT APPLICATION FOR WEEYD1ND INTAKE CENTER,
Charles P. Strong, State's Attorney, and Sharon Cunningham, Director of Alternative
Sanctions -State's Attorney's Office, requested approval of a $30,950.00 grant application
for the salary of the Work Crew Supervisor for the Weekend Intake Center. Ms.
Cunningham advised that the Work Crew Supervisor oversees persons who have agreed to
perform voluntary community service as an alternative to possible fines or jail time as part
of the disposition of a criminal court proceeding. The grant money will keep the program
April 19, 2011
Page 4
operational and be applied to the Supervisor's salary, thereby reducing the amount needed
from the State's Attorney's Office budget.
Commissioner Cline, seconded by Callaham, moved to approve submission of an
application to the Governor's Office of Crime Control and Prevention for a $30,950.00
Weekend Intake Center grant for the Work Crew Supervisor salary. The motion passed
unanimously.
AUTHORIZING RESOLUTION — WASHINGTON COUNTY PUBLIC
IMPROVEMENT AND REFUNDING BONDS OF 2011
Debra Murray, Finance Director, introduced Lindsey Rader, Bond Counsel, and County
staff who assisted with preparation of the Official Statement necessary to the process. Ms.
Murray requested authorization to issue and sell General Obligation Bonds in an amount
not to exceed $22,365,000.00 for financing public facilities and refunding outstanding
maturities. She reviewed the 2011 approved bond amounts of $16,654,300.00, now
reduced by $2,484,000.00, to arrive at the current amount contained in the proposed
Resolution - $14,170,000.00. She indicated that upon review of current bond projects, the
Rubble Fill Capping project of $1,697,000.00 would be withdrawn from this issue and
postponed to a future year, along with the Winebrenner Wastewater Treatment Plant
project, whose construction has been delayed for a year due to a Maryland Department of
the Environment pilot project. Ms. Murray advised that the $2,484,000.00 reduction allows
deferment of debt service and that millions would be saved by doing the pilot project and
deferring the amount. Ms. Rader discussed the details of the refunding process with the
Commissioners. She stated that Ms. Murray has the authority to pull the refunding or elect
to choose items as the process moves along before the sale date, by working with her staff
and advisors to see the market status up to the day before the sale, to maximize savings.
CITIZENS PARTICIPATION
Tom Janus of 10029 Pleasant View Drive, Hagerstown, commented on the need for
transparency by the Board of Education regarding its financial reserves.
AUTHORIZING RESOLUTION — WASHINGTON COUNTY PUBLIC
IMPROVEMENT AND REFUNDING BONDS OF 2011 (cont.)
Ms. Rader continued her presentation of the refunding bonds proposal. She advised that the
Bond sale is scheduled for May 10 and would be advertised in the Herald -Mail newspaper.
Commissioner Cline, seconded by McKinley, moved to approve the resolution authorizing
the County Commissioners to issue and sell General Obligation Bonds in an amount not to
exceed $22,365,000.00 for financing public facilities and refunding outstanding maturities
as presented. The motion passed unanimously. (Resolution No. RS -2011-05 is located in
the County Commissioners' Office)
April 19, 2011
Page 5
OTHER BUSINESS
Countv Administrator
County Administrator Greg Murray advised that there would be no Commissioners'
meeting on April 26, 2011.
WASHINGTON COUNTY HISTORY WEEK AND EIGHTH ANNUAL MUSEUM
RAMBLE
William Knode, President -Washington County Association of Museums and Historical
Sites, Thomas Riford, President and CEO, Hagerstown -Washington County Convention
and Visitors Bureau (CVB), and Linda Irvin -Craig, Executive Director of the Washington
County Historical Society, appeared to discuss Washington County History Week and the
Eighth Annual Museum Ramble to be held on April 30 and May 1. Mr. Riford informed
the Commissioners that the Washington County Association of Museums and Historical
Sites and the CVB sponsor the Museum Ramble. Mr. Knode indicated that the self -guided
tour highlights twenty museums located in the Comity and that the Fort Frederick Market
Fair is also being held that weekend.
President Baker presented a proclamation to the individuals in recognition of Washington
County History Week, observed April 30—May 6, 2011, and to celebrate the Eighth Annual
Museum ramble.
REOUEST TO AMEND SCHOOL MITIGATION AGREEMENT — REGENT
PARK
Mike Thompson, Planning and Zoning Director, and Warren W. Churchey, operating
Manager of Churchey Group, III, LLC, appeared before the Commissioners to request the
amendment of a School Mitigation Agreement for a twenty-five unit single-family
development known as Regent Park, located on Trovinger Mill Road off Jefferson
Boulevard, Mr. Thompson stated that an amendment to a Mitigation Agreement dated July
14, 2009 would permit the applicant to pay the $5,821.52 school mitigation fee per
dwelling unit at the time each lot is transferred rather than prior to approval of the final
plat. Mr. Churchey stated that due to poor economic conditions, the payment in full
imposes a significant and unnecessary burden. The Commissioners discussed the proposal.
Ms. Callaham requested figures to support Mr. Churchey's statement that a faster start on
the project would be a boost in the County's tax revenue from the properties. Mr.
Churchey stated that he would return at a future meeting with additional information.
HOME CHEMICAL SAFETY PROGRAM - PROCLAMATION & POSTER
CONTEST AWARD WINNERS
Kevin Lewis, Director, and Verna Brown, Emergency Management Coordinator -
Department of Emergency Services, accepted a proclamation from the Comrnissioners in
recognition of Home Chemical Safety Week in Hagerstown and Washington County,
observed April 17-23. Mr. Lewis noted that the contest was renamed the "Mario Barnhart
Poster Contest" in memory of the former Herald -Mail reporter. He described the program
curriculum that is presented to fourth grade students in the County. Mr. Lewis recognized
April 19, 2011
Page 6
finalists Ellie Baer—Sharpsburg Elementary, Joe Curry -Rockland Woods Elementary,
Bethany Morris -Pleasant Valley Elementary, Trinity Sclrlotterbeck-Williamsport
Elementary, and Autumn Stone -Hancock Elementary. Mr. Lewis announced the winners:
Honorable Mention: Ellie Baer and Bethany Norris, 3`d Place: Autumn Stone, 2"d Place:
Joe Curry, and 15` Place: Trinity Schlotterbeck. The winners received lunch, tee shirts,
medals, and prizes from participating sponsors, and $100 gift certificates for their schools.
RECESS
The Commissioners recessed at 12:12 p.m.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:40 p.m. with the
following members present: Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and
William B. McKinley.
BID AWARD — VIDEO VISITATION SYSTEM FOR THE WASHINGTON
DETENTION CENTER
Rick Curry, Buyer for the Purchasing Department, and Sheriff Doug Mullendore,
presented a recommendation to award the bid for the purchase and installation of a Video
Visitation System for the Washington County Detention Center, to South Western
Communications, Inc. (South Western) of Decatur, Alabama. Mr. Curry stated that South
Western submitted the Base Bid of $184,129.00 and Alternate Number 1 cost of
$170,410.00 for the lowest total amount of $354,539.00. He advised that the award would
be contingent upon South Western obtaining proof of good standing from the Maryland
Department of Assessments and Taxation. Sheriff Mullendore described the system's
operation and advised that his Department's Inmate Welfare Account contains sufficient
funds to cover the costs. The Commissioners discussed the bids received and the bidding
process regarding local preference.
Commissioner Cline, seconded by Callaharn, moved to award the bid for the purchase and
installation of a Video Visitation System for the Washington County Detention Center to
the lowest responsive, responsible bidder South Western Communications, Inc. of Decatur,
Alabama. who submitted the Base Bid of $184,129.00 and Alternate Number 1 cost of
$170,410.00 for the lowest total amount of $354,539.00, contingent upon South Western
obtaining proof of good standing from the Maryland Department of Assessments and
Taxation. The Commissioners discussed the annual costs for the system. The motion
passed unanimously.
BUDGET DISCUSSION — OPERATING FUNDS AND CAPITAL IMPROVEMENT
PROJECT FUNDS
Debra Murray, Finance Director, reviewed the Major Operating Funds and Capital
Improvement Project (CIP) funds contained in the latest draft budget for FY 2012, with the
combined total of $292,609,510.00. She noted that the figure represents a decrease of
$2.7 million below the FY 2011 amount.
April 19, 2011
Page 7
The Commissioners discussed a request fiom the Williamsport Mayor and Council to
assume ownership of the Williamsport Memorial Library. Greg Murray provided
information on the financial support currently provided to the Library by the County.
Commissioner McKinley discussed the Library's history - built with funds donated by
Williamsport citizens to memorialize the local students killed in a school bus/train
accident. It was the consensus of the Commissioners to decline the request and continue
the funding now provided.
Greg Murray noted that a "Citizens' Guide to the 2012 Budget" would be posted on the
County's website.
Debra Murray reviewed the $14 million borrowing amount proposed for Capital
Improvement Projects. Commissioner Baker expressed his desire for a lower borrowing
amount and stated that the Yale Drive project should be cut. The Commissioners discussed
the Yale Drive/Varsity Drive projects contained in the CIP and funding for the planned
Senior Center.
It was the consensus of the Commissioners to take the budget as proposed to a Public
Hearing on Tuesday, May 10, 7:00 p.m. at Hager Hall. The Commissioners discussed
changing the Public Hearing date because of another event being held that evening. Mr.
Murray stated that he would contact the facility to check on available dates that week
PUBLIC HEARING - PROPOSED ESTABLISHMENT OF FEE SCHEDULE TO
GOVERN WORK AND SERVICES
The Commissioners convened a Public Hearing at 3:06 p.m. regarding the Proposed
Establishment of a Fee Schedule to Govern Work and Services Performed by the Division
of Plan Review and Permitting Relating to the Implementation of Stormwater Management
Programs. Jennifer Smith, Director -Division of Plan Review and Permitting, stated that
due to recent changes in state and local requirements for stormwater management
programs, new plan reviews were added to the required process of obtaining a grading or
building permit. She reviewed a proposed fee structure that would provide revenue to
cover approximately 70% of the cost of staff time for review and permitting process
services. The Commissioners discussed the issue.
Commissioner Baker opened the Hearing for public continent. There was no one present
who wished to continent. The Public Hearing was closed at 3:09 p.m.
The Commissioners discussed the proposed fees.
Commissioner Callaham moved to approve the Proposed Establishment of a Fee Schedule
as presented today. The Commissioners discussed the issue further. Commissioner Cline
seconded the motion. The motion passed with Commissioners Callaham, Cline, and Baker
voting "YEA" and Commissioner McKinley "NO." (Resolution No. RS -2011-06 is located
in the County Commissioners' Office)
April 19, 2011
Page 8
PUBLIC HEARING — PROPOSED ESTABLISHMENT AND MODIFICATION OF
CERTAIN LANDFILL USER FEES FOR FY 2012
President Baker convened a Public Hearing at 3:25 p.m. regarding the proposed
establishment and modification of certain Landfill User Fees for FY 2012. Cliff Engle,
Deputy Director of the Solid Waste Department -Division of Environmental Management,
reviewed the proposed fees, which would help to lower the projected FY 2012 shortfall in
the Department's operating budget. Mr. Engle noted that the mattress disposal fee is
proposed to remain the same and a new discount for permits issued to Disabled American
Veterans is included in the recommendations.
The Public Hearing was opened for public comment. There was no one present who
wished to comment. The Public Hearing was closed at 3:29 p.m.
The Commissioners discussed the proposal. Debra Murray stated that without the proposed
fees, a $1 million deficit would exist in the County's revenue budget line.
Commissioner Callaham, seconded by Cline, moved to adopt the Proposed Establishment
and Modification of Certain Landfill User Fees for FY 2012 as proposed. The motion
passed with Commissioners Callaham, Cline, and Baker voting "YEA" and Commissioner
McKinley "NO." (Resolution No. RS -2011-07 is located in the County Commissioners'
Office)
PUBLIC HEARING — MODIFICATION OF WATER AND SEWER RATES FOR
FY 2012
A Public Hearing was convened at 3:43 p.m. regarding proposed changes to the Schedule
of Utility Rates for FY 2012. Julie Pippel, Director of the Division of Environmental
Management, reviewed the proposed utility rates proposed to facilitate the Department of
Water Quality's long-range financial plans. She stated that a 4% increase in water revenue
and a 4% increase in sewer revenue are proposed.
Commissioner Baker opened the Hearing for public comment.
Brian Gabriel of Sharpsburg commented that his bills have not gone down since his family
size decreased and that there is no incentive to save water with the current billing system.
The Public Hearing was closed at 3:51 p.m.
The Commissioners discussed fees charged to maintain service and Julie Pippel and Greg
Murray explained why a fee is necessary even when the service to a property is turned off.
Commissioner Cline, seconded by Callaham, moved to adopt the Proposed Rate Schedule
for FY 2012 as presented. The motion passed unanimously. (Resolution No. RS -2011-08 is
located in the County Commissioners' Office)
April 19, 2011
Page 9
CONVENE IN CLOSED SESSION
Commissioner McKinley, seconded by Callaham, moved to convene in closed session at
4:04 p.m. to discuss personnel matters that affect one or more specific individuals, and to
consult with staff, consultants, or other individuals about pending or potential litigation, 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 personnel matters that affect one or more
specific individuals; and consulted with staff, consultants, or other individuals about
pending or potential litigation. Present during closed session were Commissioners Terry L.
Baker, Ruth Anne Callaham, Jeffrey A, Cline, and William B. McKinley. Also present
were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; Kirk C.
Downey, Assistant County Attorney; and at various times Tim Troxell, EDC Director;
Cliff Engle, Director -Solid Waste Department; Joe Kroboth, III, Public Works Director;
Julie Pippel, Director -Division of Environmental Management; Rob Slocum, Deputy
Director -Public Works; and Ed Plank, Highway Department Director.
ADJOURNMENT
Commissioner Cline, seconded McKinley, moved to adjourn at 4:54 p.m. The motion
passed unanimously.
Gregor urray, CoVhty Administrator
Kirk C. Downey Xssistant Coun nrpey
/y (IPI.. l , _ �-.� •.
Vi&i C. Lumm, County Clerk