HomeMy WebLinkAbout05.22.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
May 22, 2012
NATIONAL PUBLIC WORKS WEEK
The County Commissioners met at 8:00 a.m. at the Hagerstown Regional Airport Fire
Station, 18434 Showalter Road, Hagerstown, to present a proclamation to Public Works
employees to observe Public Works Week during the week of May 20-26.
President Terry L. Baker called the regular meeting of the Board of County
Cormnissioners of Washington County, Maryland to order at 10:05 a.m. in the County
Administration Building located at 100 West Washington Street, Hagerstown, Maryland
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
Commissioner Barr gave the Invocation followed by the Pledge of Allegiance to the Flag
by the full assemblage.
APPROVAL OF MINUTES —MAY 15, 2012
Commissioner McKinley, seconded by Callaham, moved to approve the minutes of
May 15, 2012 as presented. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline recognized Public Works employees and Emergency Medical Service
providers for the services they perform in the community. He attended the "Celebrating
Minds at Work" event at Salem Avenue Elementary School and a meeting of the
Agricultural Land Preservation Advisory Board. Mr. Cline congratulated Jersey Mike's on
its one-year anniversary and thanked them for supporting charity events in the community.
He participated in the Economic Development Commission's small business outreach
visits to Ridge Runner Publishing and Parkway Neurological Center. Commissioner Cline
attended a Chamber of Commerce mixer, Change Awareness event at Star Community, the
National Pike Wagon Train event, and Smithsburg Pride Days. He also test-drove a vehicle
at Hagerstown Ford in support of South Hagerstown High School's band uniform
fundraiser. Mr. Cline enjoyed the "Rock `n Roll Never Forgets" dance at North
Hagerstown High School sponsored by the County's Recreation Department.
Commissioner Callaham attended Salem Avenue School's "We the People" celebration
and the visits to local businesses Ridge Runner Publishing and Parkway Neurological
Center. She enjoyed the Smithsburg Pride Days parade and the Ferry Hill Place dedication.
Ms. Callaham welcomed a group of veterans of various wars to the County who were
traveling from Wisconsin to Illinois to visit memorials. She attended the recent Maryland
Municipal League (MML) meeting where Julie Pippel, Director of Environmental
Management, discussed the Watershed Implementation Plan, Commissioner Callaham
recognized the jobs well done by Public Works Department employees during Public
Works Week.
May 22, 2012
Page 2
Commissioner Barr commented on the hardworking weed control team in the County. He
attended the local Salvation Army Board meeting and described improvements being done
at the facility that will offer a gymnasium and other needed programs in the community.
Mr. Bair was present for the "We the People" program at Salem Avenue School and the
Star Community event. He reported on the visit to Ridge Runner Publishing and a meeting
of the Transportation Advisory Council. Commissioner Barr praised the Museum of Fine
Arts for their local artist receptions that are well attended.
Conunissioner McKinley congratulated Public Works personnel for the excellent work
done to maintain facilities and roadways in the County. He reported meeting with
representatives of Liberty Property Trust and EDC Deputy Director Rob Ferree to discuss
locating a new business in the area. Mr. McKinley attended meetings of the Hagerstown
Eastern Panhandle Metropolitan Planning Organization and Airport Advisory Commission.
He toured Ridge Rummer Publishing and visited the Star Community event. Conmmissioner
McKinley enjoyed a breakfast at the fire hall during Smithsburg Pride Days. He
commented on the MML meeting in Williamsport and the presentation given by Julie
Pippel.
Commissioner Baker thanked Public Works Director Joe Kroboth, III for this morning's
event and all Public Works employees. He attended the Parkway Neurological Center tour
and the Jefferson/Jackson dimmer. Mr. Baker enjoyed the Clear Spring Wagon Train
Parade. He reported on a Department of Social Services meeting and thanked outgoing
Board Chair Dolores Harmon for her volunteerism.
EMERGENCY MEDICAL SERVICES WEEK
Commissioner Baker, on behalf of the County Commissioners, presented a proclamation to
Brigitte Heller, County Emergency Medical Set -vices Coordinator, and Lt. Kara Kile,
Community Rescue Service, in recognition of Emergency Medical Services Week
observed May 20-26. The Commissioners thanked all EMS personnel, consisting of
emergency physicians, emergency nurses, emergency medical technicians, paramedics,
firefighters, educators, administrators, and others, for the work they do.
EMPLOYEE RECOGNITION — LESLIE HART
The Commissioners recognized County Agricultural Marketing Specialist Leslie Hart on
her nomination for the 2012 William Donald Schaefer's "Helping People Award." Newly
created by Comptroller Peter Franchot, the award recognizes individuals and organizations
in Maryland counties that best exemplify former Governor Schaefer's lifelong
commitment to helping people. Ms. Hart's position is responsible for coimecting local
residents and consumers to agriculture and vice versa. The Commissioners thanked Ms.
Hart for her efforts toward promoting economic development relationships in the County.
CITIZENS PARTICIPATION
J.P. Phillips, General Manager of Apple Valley Waste, commented on recycling options
being offered in the County and recent information distributed by Allied Waste.
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Page 3
James Devine, P. O. Box 2217, Hagerstown, commented on amusement games at local
truck stops, recycling bins, and educational benefits to active military personnel. He also
discussed funding methods for the proposed Multi -Use Stadium facility proposed by the
City of Hagerstown.
117141MMt ORWIMMI
ADDointments to Boards and Commissions
Property Tax Assessment Anneals Board Recommendation
Commissioner Barr, seconded by McKinley, moved to submit the name of Christopher
McClain to Governor Martin O'Malley for reappointment to a second, five-year term on
the Property Tax Assessment Appeals Board. The motion passed unanimously.
Countv Administrator Comments
County Administrator Greg Murray reminded citizens of the County's FY 2013 budget
hearing this evening at Hagerstown Community College's Kepler Theatre and stated that a
Citizen's Budget Guide would be available at the presentation and posted on the County's
website. He noted the efforts being made by Economic Development staff to compile
information and develop an expanded database of all businesses in Washington County.
Mr. Murray stated that the Commissioners would be continuing their weekly business
outreach visits and would like companies to advise them if they would like a scheduled
visit.
REPORTS FROM COUNTY STAFF
Health and Human Services
Stephanie Stone, Director of the Health and Human Services Department, introduced new
Parks and Facilities Maintenance Worker Cory True. The Commissioners welcomed Mr.
True and wished him well in the position.
Ms. Stone requested approval to advertise and hire a full-time Grade 10, Systems
Mechanic II at the Department of Water Quality due to an employee's promotion.
Commissioner Cline, seconded by McKinley, moved to advertise and fill the position of
Systems Mechanic II at the Department of Water Quality as presented. The motion passed
unanimously.
NATIONAL REGISTER NOMINATION — ELMWOOD FARMSTEAD
Steve Goodrich, Director of Planning and Zoning, presented a recommendation to place
the Elmwood Farmstead, a historic property on Kendle Road consisting of ten buildings
and structures dominated by an 1855 Greek Revival -style brick house, on the National
Register of Historic Places (Register.) Mr. Goodrich stated that the owners, Andrew and
Selena Tory, support the application submitted by the Historic District Commission. He
indicated that the Register is a federal government listing of properties deemed worthy of
recognition and preservation for their significance in American history and culture. A
May 22, 2012
Page 4
listing on the Register is beneficial for certain tax credits and consideration in the planning
of federal and State projects. The Commissioners discussed the recommendation with Mr.
Goodrich.
Commissioner Cline, seconded by Callahan, moved to concur with the Historic District
Commission's action to recommend listing of the h1mwood Farmstead in the National
Register of Historic Places. The motion passed unanimously.
(Commissioner Barr excused himself from the meeting due to his firm's bid submittal on
the project being discussed next on the agenda.)
BID AWARD — HAGERSTOWN REGIONAL AIRPORT
Karen Luther, Purchasing Agent, and Phil Ridenour, Airport Director, recommended
award of the bid for terminal renovations at the Hagerstown Regional Airport (HGR) to the
lowest responsive, responsible bidder, Callas Contractors, Inc. of Hagerstown, for a Total
Base Bid of $245,650.00, and Alternate No. I for $92,700.00, for a Total Sum Bid of
$338,350.00. Mr. Ridenour provided details of the project that will enlarge the secure
holding area in the HGR terminal to accommodate the needs of passengers who are waiting
to board flights. He stated that the base bid includes the installation of automated baggage
handling equipment and the relocation and calibration of security scanning equipment. The
County's share is estimated to be $100,000.00 due to funding obtained through grants from
the Appalachian Regional Commission ($200,000.00), and Maryland Aviation
Administration ($150,000.00.) The Commissioners discussed the project with Mn
Ridenour and Ms. Luther.
Conunissioner Callaham, seconded by McKinley, moved to award the contract for terminal
renovations at the Hagerstown Regional Airport to the lowest responsive, responsible
bidder, Callas Contractors, hie. of Hagerstown, for a Total Base Bid of $245,650.00, and
Alternate No. I for $92,700.00, for a Total Su€rr Bid of $338,350.00 as presented. The
motion passed unanimously. (Commissioner Baur was absent during the vote.)
(Commissioner Barr returned to the meeting.)
REOUEST FOR HOTEL RENTAL TAX FUNDING — MARYLAND SYMPHONY
ORCHESTRA
Jim Hovis, Director of the Office of Community Grant Management, presented a request
from the Maryland Symphony Orchestra (MSO for Hotel Rental Tax funding of
$29,850.00 to assist in the production of the 27t Annual Salute to Independence event to
be held on July 7, 2012 at the Antietam National Battlefield. Mr. Hovis stated that the
event meets all seven goals established by the County Commissioners for Hotel Rental Tax
funding. He discussed the positive economic impact of the event to hotels and businesses
in the County. Mr. Hovis indicated that the event's budget is $232,200.00, with
$100,000.00 in-kind contributions and $90,000.00 covered by corporate sponsorships,
foundation funding, grants, and individuals. An increase of $9,850.00 is being requested to
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Page 5
cover the direct expenses of the event due to the loss of a funding partner. The
Commissioners expressed their desire that the MSO develop fundraising efforts to bridge
the funding gap. MSO Executive Director Tamara Nuzzaci Park and Board members in
attendance discussed the guidelines imposed on the organization concerning certain
fundraising efforts.
Commissioner McKinley, seconded by Barr, moved to provide $29,850.00 from the
County's portion of the FY 2012 Hotel Rental Tax Funds to the Maryland Symphony
Orchestra's Salute to Independence event. The motion passed unanimously.
RECESS
The Commissioners recessed at 11:37 a.m. to attend the 2012 John Frye Historic
Preservation Awards luncheon and awards ceremony at the Academy Theatre, 58 East
Washington Street, Hagerstown, sponsored by the Historical Advisory Committee.
President Terry Baker presented awards to the following organization and individuals:
Hagerstown Model Railroad Museum for the preservation and restoration of the Historic
Antietam Railroad Station; Kurt Cushwa, Architect, Maryland "Urban Infill Award," for
Architectural Excellence in Design and Reconstruction of the Clock Tower Building, City
of Hagerstown; Kathleen A. Maher, Planning Director, "Outstanding Advocacy and
Leadership for Historic Preservation," City of Hagerstown; Stephen R. Bockmiller,
Development Planner/Zoning, Administrator, "Outstanding Advocacy for Historic
Preservation," Hagerstown Civil War Interpretive Plaques Program, City of Hagerstown.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:40 p.m. in Room 227 of
the County Administration Building with the following members present: Commissioners
John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley.
UPDATE ON 2011 RESIDENTIAL STIMULUS PROGRAM
Jennifer Smith, Director, and Angela Smith, Deputy Director, Division of Plan Review and
Permitting, discussed results achieved thus far by the 2011 Residential Stimulus Program
(Program) sponsored by the Commissioners. Jennifer Smith stated that on September 13,
2011, the County Commissioners extended the Program through June 30, 2012, and
increased the amount of building permits to allow six additional per applicant. She
indicated that during the months of March 2011 through April 2012, 269 permits were
issued with excise tax credits under the 2011 Program that included permits for 151 new
single-family or two-family dwellings and 118 residential addition construction projects.
The total credited excise tax amount during this time period was $1,129,538.40,
representing 79% of the total excise tax to the County for these projects. Jennifer Smith
stated that the Program has likely increased the number of residential construction projects
during this time and homebuilders have indicated that additional worker layoffs in the
industry have been prevented. The Commissioners reviewed the information and discussed
whether to extend the program a second time.
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Page 6
Commissioner C,allalram moved to extend the Residential Stimulus Program by six months
and allow six additional houses per developer. Commissioner McKinley recommended a
twelve-month extension period and an additional twelve houses per developer. Ms.
Cailaham restated her motion to extend the Residential Stimulus Program by twelve
months, through June 30, 2013, and allow twelve additional houses per developer, or thirty
total houses per developer. Commissioner McKinley seconded the motion. The motion
passed unanimously.
ESTABLISHMENT OF REVOLVING LOAN FUND
Jef Bohn, Chair of the Economic Development Commission (EDC) Board's Resource
Development Committee, and Guy Winterberg, Assistant Director of the Tri-County
Council for Western Maryland (TCC), presented information regarding the establishment
of a Washington County Revolving Loan Fund (RLF) to assist local businesses. Jef Bolin
indicated that the EDC Board has approved the recommendation to collaborate with the
TCC to establish a separate County RLF using'fCC's existing revolving loan structure and
program, He stated that $1 million would be needed to establish the fund and provide
administrative fees to TCC. Guy Winterberg advised of the process by which the RLF
would be administered and the criteria for applying for loans. The Commissioners
discussed the information presented and agreed that the RLF should not compete with local
initiatives such as the Hagerstown Loan Fund. It was the consensus of the Commissioners
to direct the Committee to hold meetings with experts in the industry, continue to foster a
working relationship with TCC, and develop details of a Revolving I..oan Fund to present
at a future meeting of the Commissioners.
WASHINGTON COUNTY WATERSHED IMPLEMENTATION PLAN
Julie Pippel, Director of Environmental Management, presented information on the process
and development of the Watershed Implementation Plan (WIP) and introduced members o C
the County's WIP Cormnittee in attendance. She stated that the WIP is a federally
mandated plan due to a court ruling stating that counties with waters draining into the
Chesapeake Bay must comply with the Federal Clean Water Act (CWA). Ms. Pippel stated
that the CWA requires that any water body that does not meet the water quality standards
established by regulations must have a Total Maximum Daily Loan (TMDL) prepared for
each of the water quality standards that it exceeds. The Committee prepared a report based
on the septic and stormwater sectors. A preliminary cost estimate to meet the target load
reductions for those sectors exceeded $1 billion. Ms. Pippel read the alternatives on how to
proceed that were suggested by the Conunittee, which include stating that the Board of
County Commissioners agree that the plan would be fiscally irresponsible and financially
unfeasible; but County staff would pursue grant funding as available to support projects
that work toward the progress of meeting the target loads established by the Maryland
Department of the Environment (MDE). Ms. Pippel indicated that the Committee is
recommending a WIP Phase It report for submission to MDE that includes a plan
containing methods to meet the target as a whole. The Commissioners discussed the
proposal,
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Page 7
Commissioner McKinley, seconded by Callaham, moved to adopt the recommendation
presented by staff on how to proceed with the Watershed Implementation Plan
development and process. The motion passed unanimously.
TRANSFER OF UNUSED RIGHT OF WAY AREA - FOUNTAINHEAD ROAD
Joe Kuhna, Real Property Administrator, requested approval to convey an unused portion
of right of way near Fountainhead Road to the adjoining property owner and proceed with
advertising the property for disposal. Mr. Kuhna indicated that a property owner along
Fountainhead Road has requested the unused portion of the right of way that borders his
property and the Fountainhead Golf Course. He stated that the road was not built according
to the old subdivision plan and therefore, the unused portion is no longer needed for public
use. The Commissioners discussed the process followed for disposing of unused rights-of-
way with Mr. Kuhna and County Attorney John Martirano.
Commissioner Callaham, seconded by Barr, moved to convey the unused portion right of
way near Fountainhead Road as described by staff to the adjoining property owner and
proceed with advertising the property for disposal as presented. The motion passed
unanimously.
TRANSFER OF UNUSED RIGHT OF WAY AREA — BOWER AVENUE
Joe Kuhna requested approval to convey the unused portion of right of way near Bower
Avenue to the adjoining property owner and proceed with advertising the property for
disposal. He indicated that Bower Avenue was realigned in 1986 and that the portion of
right of way is no longer needed for public use. A property owner has requested that the
unused portion of the right of way that borders his property be conveyed to him.
Commissioner Barr, seconded by McKinley, moved to convey the unused portion of right
of way near Bower Avenue as described by staff to the adjoining property owner and
proceed with advertising the property for disposal as presented. The motion passed
unanimously.
WEST CITY ELEMENTARY SCHOOL SITE
Joe Kroboth, III, Public Works Director, and Joe Kuhna advised of long range planning
efforts undertaken by a Committee formed under the direction of the Washington County
Board of Education (BOE) and the County Commissioners to evaluate and secure a site for
a West City Elementary School. Mr. Kroboth stated that the BOE previously identified the
need for a new elementary school in the western portion of the City of Hagerstown. He
discussed the criteria used by the Committee tasked to evaluate and recommend potential
sites, and stated that both Boards subsequently agreed to pursue a 16.5 -acre property
located at the Hagers Crossing Development. Mr. Kroboth advised of details of the
proposed Purchase Agreement that contains a $1.5 million purchase price, ninety -day
feasibility/study period, and allows for two, thirty -day extensions at the cost of $5,000.00
each, if necessary. He also advised that the County would pay the seller $56,500.00 for
closing costs and other costs and the broker a 2% commission, bringing the total possible
cost to $1,596.500.00 if the two $5,000.00 extensions are used by the County. Mr. Kroboth
May 22, 2012
Page 8
stated that $3.1 million is contained in the County's budget for land acquisition for
potential school sites. The Commissioners discussed details of the property, terns of the
proposed contract, and the closing of Winter Street and Conococheague Elementary
Schools. County Attorney John Martirano advised of the legal process required when
purchasing property for a future school, including a public hearing regarding the
expenditure of funds for the site. Boyd Michael, BOE Chief Financial Officer, stated that
public meeting dates have been advertised to notify parents and obtain comments regarding
plans to close the elementary schools. Commissioner Baker expressed concerns regarding
the recommended site and the loss of property tax revenue from possible residential units
that could be built there. Commissioner Cline suggested that property near Winter Street
School could be purchased to keep the school a neighborhood school. He also objected to
the purchase price and being charged for the potential two, thirty -day extensions.
Commissioner Callaham, seconded by McKinley, moved to approve the Purchase
Agreement as proposed by staff relating to the recommended site for the future West City
Elementary School, contingent upon meeting all legal requirements. The motion passed
with Commissioner Callaham, McKinley, and Barr voting "AYE" and Conunissioners
Cline and Baker "NO."
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by Cline moved to convene in closed session at 4:19 p.m. to
discuss the appointment, employment, and/or assignment of appointees, employees, or
officials over whom tlis public body has jurisdiction; discuss personnel matters that affect
one or more specific individuals; consider a matter that concerns the proposal for a
business to locate or remain in the State; and consult with counsel to obtain legal advice, in
accordance with Section 10-508(a)(1)(i)(ii),(4),(7) and (8) of the State Government Article
of the Annotated Code of Maryland. The motion passed unanimously.
(Commissioner Baker left the meeting at 4:46 p.m. and Commissioner Barr assumed the
Chair.)
Ln closed session, the Commissioners discussed the potential appointment/reappointment
of certain individuals to a County board and a County authority; discussed the potential
appointment of individuals to a County Authority; discussed the specifies of a
proposal/request for economic development assistance from a company that hopes to
remain in the County; discussed legal issues relating to the scope of health insurance
coverage with counsel; and discussed legal issues relating to tax matters arising from
several leases as well as issues relating to the possible expansion of an existing business.
During closed session, staff was directed to schedule the potential appointments for
discussion on a future open session agenda. Staff was also directed to work closely with
the company regarding its proposal for assistance and was given general direction
regarding the legal tax/lease issues that were discussed.
May 22, 2012
Page 9
Present during closed session were Commissioners 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 M. Martirano, County Attorney; Andrew
F. Wilkinson, Assistant County Attorney; and at various times Commissioner Terry L.
Baker, David Engle, Director, Department of Social Services; Dolores Harmon, Social
Services Board Chair; David Pool, Social Services Board Member; Joe Kroboth, III, Public
Works Director; Phil Ridenour, Airport Director; Greg Larsen, EDC Business
Development Manager; and David Rider and Ben Rider of Rider Jet Center.
RECESS
The Commissioners adjourned at 5:44 p.m.
EVENING SESSION: PUBLIC HEARING - PROPOSED FISCAL YEAR 2013
BUDGET
A public hearing of the Board of County Commissioners of Washington County was held
at 7:00 p.m. in the Kepler Theatre at Hagerstown Community College to consider the
proposed Tax Rate for Fiscal Year 2013 as well as the FY 2013 budget for Washington
County. In attendance were President Terry L. Baker, Vice President John F. Barr, and
Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley.
County Administrator Gregory Murray stated that the public hearing was being held
pursuant to the requirements of the Constant Yield Tax Rate law, as described in the notice
advertised in the Herald Mail on Tuesday, May 8, 2012, and to consider and obtain public
comment on the proposed Fiscal Year 2013 budget for Washington County as advertised.
He announced that the County's real estate tax remains at $0.948 per $100.00 of assessed
value with no tax increases in twelve consecutive years. Washington County has one of the
lowest expenditures per capita of all Maryland counties and Baltimore City. Mr. Murray
provided details of the proposed budget, balanced at $283,446,770.00, which is $7.3
million below the Fiscal Year 2012 budget, as follows: Operating Funds - $231.4 million
(General, Highway, Environmental, Transportation, and Recreational); Restricted Funds -
$6.7 million (Public Safety, Land Development and rights, and Other); and Construction
Funds - $272.5 million (2013 Capital Plan and Current Construction in Progress.) He
advised that the General Fund of $194.5 million is down by 0.9% this year. Several budget
line items were discussed including: Public Safety — provides for three additional 9-1-1
operators and $150,000.00 toward a firefighter physicals plan; Education — provides
continued Maintenance of Effort funding for Washington County Public Schools and
operating support for a new Central Library; and Other — Removal of the Water and Sewer
subsidy while providing baseline services to County citizens with no tax rate increases in
twelve years. Mr. Murray discussed the cumulative effect of the total $15,957,44.00
mandated State pension cost shifts to counties that will eventually become part of the
County's maintenance of effort calculation. He cited positive comments made by Wall
Street companies that Washington County has a favorable debt profile, sound debt
management policies, and is in a solid financial position.
May 22, 2012
Page 10
Commission President Tent' L. Baker opened the hearing for public testimony. Nine
individuals spoke on issues concerning the budget. After all testimony was given,
Commissioner Baker adjourned the hearing at 7:50 p.m.
Gregory B. Purray, Co4nty Administrator
�K.b- fk 1,L-
-John M. Martirano,
Vicki C. Lumm, County Clerk