HomeMy WebLinkAbout070130
January 30, 2007
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 9:30 a.m. by
President John F. Barr with the following members present: Vice
President Terry L. Baker and Commissioners Kristin B. Aleshire,
and William J. Wivell.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Barr, followed by
the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – JANUARY 23, 2007
Motion made by Commissioner Wivell, seconded by Aleshire, to
approve the minutes of January 23, 2007. Unanimously approved.
CORRECTION OF JANUARY 9, 2007 MINUTES
Motion made by Commissioner Aleshire, seconded by Baker, to
correct the minutes of January 9, 2007 for Resh Road Landfill II
Closure Phase I-N-Cells, Closure Cap Construction and Change
Order No. 2 to change “URS Corporation” to “Pavex” in the third
paragraph. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker stated that he attended the Maugansville
Volunteer Fire Company’s Annual Banquet. He also represented
th
the County at Anne Hinkle’s 90 birthday party. Commissioner
Baker reported on the Community Action Council Board meeting.
He stated that there is still confusion with the municipalities
regarding tax set-off meetings. Rodney Shoop, County
Administrator, indicated that he is attempting to schedule the
tax set-off presentation at the Maryland Municipal League
(“MML”) meeting to be held in March and subsequently the
Commissioners will meet with the various municipalities during
the year on their regular meeting nights. After discussion,
Commissioner Barr agreed to contact Mayor Kauffman, President of
the local MML chapter, regarding scheduling the tax set-off
presentation at the March meeting.
Commissioner Barr stated that he installed the new officers for
the Commission on Aging and attended the volunteer appreciation
luncheon at the Rural Heritage Museum.
CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW
Debra Murray, Director of Finance, met with the Commissioners to
provide an initial overview of the 2008-2014 Capital Improvement
Program (CIP) budget for the Commissioners’ review.
Ms. Murray reviewed the projected revenues for FY 2008. She
provided information on the County transfer tax projections and
trends. Ms. Murray included three scenarios based on the
existing trend, or exceeding or falling trends. She also noted
that $400,000 of these revenues is, by law, reserved for
agricultural preservation. Ms. Murray projected revenues of
$116,616 for the FY 2007 budget based on current trends and
recommended that they continue budgeting conservatively.
Ms. Murray then reviewed the projections for Excise Tax. She
indicated that the projected shortfall as of December 2006 is
$11 million for FY 2007. Ms. Murray reminded the Commissioners
that $5 million of the shortfall has been addressed through a
transfer from the 2006 budget and she hopes the remaining $6
million shortfall can be addressed in the 2007 budget. She then
reviewed the new formula for calculating the excise fee
projections. Ms. Murray stated that the main reason for the
shortfall is the decrease in the number of building permits
being issued and that the mix of multi-family and single-family
units being built was not what was originally projected. She
then reviewed the upcoming budget process.
The Commissioners reviewed the debt affordability calculations.
Ms. Murray discussed the selection of peer groups and informed
the Commissioners of the following ratios used for targets: debt
per capita, debt as a percent of fair market value, debt service
as a percentage of general fund revenues, debt service per
capita as a percentage of income per capita, general fund
balance general fund balance per resident, and unreserved fund
balance. Ms. Murray noted that tax-supported debt and
JANUARY 30, 2007
PAGE TWO
self-supported debt are not used in the calculation of the debt
ceiling because they are items that are supported by users of
the system. She stated that they want to stay within the peer
group calculations. The Commissioners recessed the CIP review
at 10:30 a.m. for citizens’ participation.
CITIZENS’ PARTIPATION
Jeff Cline, Councilman for the Town of Williamsport, thanked the
County staff for their help on compiling data for a presentation
he gave to the Maryland Municipal League.
Daniel Moeller stated that he does not believe County funds
should be used to fund a consultant for the Home Rule Charter
Board. He also commented on the excise tax and stated that he
does not support revising the fee to a graduated payment
structure.
Diane Eves expressed concerns regarding the property tax
assessments and stated that she feels the County should provide
additional relief. Ms. Eves provided statistics on debt and
savings in the United States and asked the Commissioners to
adhere to the constant yield tax rate, hold the line on
expenses, and provide the local supplement to the homeowners tax
credit again this year.
Carl Galligan and Vicki Sadehvandi, Executive Director of CASA,
appeared before the Commissioners to request that Mr. Galligan
be reappointed as the Commissioners’ representative on the CASA
Board of Directors.
Motion made by Commissioner Wivell, seconded by Aleshire, to
reappoint Carl Galligan to the CASA Board of Directors as a
representative of the County Commissioners. Unanimously
approved.
Karen Lucas, member of the Discovery Station Board of Directors,
invited the Commissioners to attend their Corporate Open House
tomorrow to kick off the new corporate membership program.
Tom Grosh asked that the County recognize the C&O Canal as a
“mass of preserved land” as part of the ranking system for the
Installment Purchase Agreement Program in order to allow
adjacent properties to receive credit.
REPORTS FROM COUNTY STAFF
Terry McGee, Chief Engineer, addressed issues regarding the
Hamptons of Brightwood development stormwater management pond.
He stated that the pond was previously accepted into the County
system. Mr. McGee discussed the concerns expressed by Scott
Frey, a neighboring property owner. He reviewed corrective
actions being taken and provided photographs addressing each
item. Mr. Frey stated that he appreciated the review and was
satisfied with the answers he received today.
(Commissioner Kercheval arrived at 11:08 a.m.)
Motion made by Commissioner Kercheval, seconded by Aleshire, to
approve filling the Maintenance Equipment Operator (MEO) III
position at the Highway Department. Unanimously approved.
Stephanie Stone, Director of the Washington County Community
Partnership for Children and Families (WCCP), informed the
Commissioners that State funding should be level this year with
no personnel or policy changes. She stated that Community
Services Initiative (CSI) funds would be issued in the form of a
block grant.
Jim Sterling, Director of Buildings, Grounds, and Parks,
provided a history of Program Open Space (POS) funding
allotments.
Gary Rohrer, Director of Public Works, informed the
Commissioners that the traffic signal and improvements at State
Line were approved. He thanked Citicorp and the Antrim Township
Administrator for their assistance with this project.
JANUARY 30, 2007
PAGE THREE
CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW – CONTINUED
The Commissioners continued their review of the projects
submitted for the Capital Improvements Program (CIP) for Fiscal
Years 2008-2013. Debra Murray, Finance Director,
reviewed the trends for the General Fund Revenue from 1985
through 2007, as well as fair market value increases, population
growth, and per capita growth. She stated that the County has
taken a conservative approach with its projections. The meeting
was then opened for questions from the Commissioners.
RECESS – LUNCH
The Commissioners recessed at 11:58 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:07 p.m. by
President John F. Barr, with the following members present: Vice
President Terry L. Baker and Commissioners Kristin B. Aleshire,
James F. Kercheval, and William J. Wivell.
HOUSE KEYS FOR EMPLOYEES PROGRAM
Andrew Wilkinson, Assistant County Attorney, met with the
Commissioners to review the House Keys for Employees Program.
Mr. Wilkinson stated that the Maryland House Keys for Employees
Program allows eligible employees to receive a matching
contribution toward the down payment and closing costs for a
home purchase if the buyer’s employer also makes a loan or grant
to the employee up to $5,000. Washington County has been
approved by the State to participate in the program. By
participating, the County would provide a loan or grant of up to
$5,000 for use for down payment or closing costs. The employee
could then be loaned an additional $5,000 from the State, with
the opportunity to receive another $5,000 loan from the State if
the employee meets certain conditions.
Mr. Wilkinson recommended approval of the Program with the
following provisions: 1) that the program be a loan program,
not a grant program; 2) that employees not be eligible until six
months after starting employment; 3) that the Community
Development Association (CDA) rules be followed for first-time
homebuyers; and 4) that there be no limitation on the number of
times an employee can use the program. Mr. Wilkinson indicated
that, if the program is a loan, the funds would be repaid upon
sale or refinance of the home, payoff of the first mortgage, or
at a specific date, whichever comes first. If the program were
a loan program, the funds would not be taxable; however, if they
were provided as a grant, they would then be taxable to the
employee. He stated that it would also be possible to require
repayment if the employee leaves County service within a
determined period of time but the enforcement of the repayment
becomes more complicated.
Mr. Wilkinson stated that the Commissioners should also decide
whether the funds would be made available only to first-time
home buyers or follow the rules of the CDA. The CDA rules
require that if the property is located outside the City of
Hagerstown, the buyer must be first-time homebuyer. If the
property is located inside the City of Hagerstown, the buyer
does not need to be a first-time homebuyer. The CDA’s
definition of first-time homebuyer would mean that the person
has not owned a principal residence in the last three years.
Mr. Wilkinson stated that the Commissioners should also decide
how many times an employee may utilize the Program. The meeting
was opened for discussion by the Commissioners.
It was the consensus of the Commissioners to adopt the House
Keys 4 Employees as a loan program and to consider employees
eligible at the date of employment. The loan would have to be
repaid upon sale of the property, payoff of the first mortgage
or when the employee leaves County employment. The
Commissioners also agreed that it must be a principal residence
and to adopt the CDA regulations for the program.
Motion made by Commissioner Kercheval, seconded by Aleshire, to
approve participation in the House Keys for Employees Program
with the following requirements: 1) that the program be a loan
program; 2) That employees
JANUARY 30, 2007
PAGE FOUR
are eligible at date of employment; 3) that the Community
Development Association (CDA) rules be followed; 4) that there
be no limitation on the number of times an employee can use the
program; and 5) that the loan be repaid at the sale of the
property, payoff of first mortgage or when the employee leaves
County employment. Motion carried with Commissioners Kercheval,
Aleshire, and Barr voting “AYE” and Commissioners Baker and
Wivell voting “NO.”
CONVENE IN CLOSED SESSION
Motion made by Commissioner Baker, seconded by Aleshire, to
convene in closed session at 1:27 p.m. to discuss the
appointment, employment, assignment, promotion, or compensation
of appointees, employees, or officials over whom the
Commissioners have jurisdiction; discuss personnel matters that
affect one or more specific individuals; consider a matter that
concerns the proposal for a business or industrial organization
to locate, expand, or remain in the State; consult with counsel
to obtain legal advice on a legal matter; and 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.
Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Kercheval, seconded by Baker, to
reconvene in open session at 2:41 p.m. Unanimously approved.
In closed session, the Commissioners considered a matter that
concerns the proposal for a business or industrial organization
to locate, expand, or remain in the State; consulted with
counsel to obtain legal advice; and consulted with staff,
consultants, or other individuals about pending or potential
litigation. Present during closed session were Commissioners
John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F.
Kercheval and William J. Wivell. Also present at various times
were John Martirano, County Attorney; Andrew Wilkinson,
Assistant County Attorney; Joni Bittner, County Clerk; Tim
Troxell, Executive Director of the Economic Development
Commission; Cassandra Latimer, Deputy Director of the Economic
Development Commission; Gary Rohrer, Director of Public Works;
and Joe Kroboth, Deputy Director of Public Works.
YOUTH OF THE MONTH AWARD – JANUARY 2007
The Commissioners presented a certificate of merit to Kirsten D.
Rhodes (Clear Spring Middle School) in recognition of her
selection as the Youth of the Month by the Washington County
Community Partnership for Children & Families (WCCP) for January
2007. The Commissioners commended her for her leadership,
academic and extra-curricular activities. Commissioner Barr
stated that she would also receive a $100 savings bond from the
WCCP.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by Kercheval, to
convene in closed session at 2:54 p.m. to discuss the
appointment, employment, assignment, promotion, or compensation
of appointees, employees, or officials over whom the
Commissioners have jurisdiction and discuss personnel matters
that affect one or more specific individuals, in accordance with
Section 10-508 of the State Government Article of the Annotated
Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Aleshire, seconded by Wivell, to
reconvene in open session at 3:36 p.m. Unanimously approved.
In closed session, the Commissioners discussed a personnel
matter relating to the appointment, employment, assignment,
promotion, or compensation of appointees, employees or officials
over whom the Commissioners have jurisdiction and other
personnel matters that affect one or more specific individuals.
Present during closed session were Commissioners John F. Barr,
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and
William J. Wivell. Also present at various times were John
Martirano, County Attorney; and Joni Bittner, County Clerk.
JANUARY 30, 2007
PAGE FIVE
RECESS
The Commissioners recessed at 3:36 p.m.
JOINT MEETING WITH CITY OF HAGERSTOWN
The Commissioners met with Mayor Bruchey and City Council
members Martin Brubaker, Lewis Metzner, Penny Nigh, Kelly
Cromer, and Alesia Parson McBean at City Hall at 4:00 p.m.
“2+2 Committee” and Quarterly Meetings
The bodies discussed whether to continue the 2+2 Committee
meetings with two County Commissioners and two City Council
members meeting weekly to discuss issues of importance to both
entities. Mayor Bruchey suggested that quarterly meetings of
the full boards be held as well. Council member Nigh expressed
her concerns regarding the committee. After discussion, it was
the consensus to continue with the committee with the full
boards taking a more active role in developing the topics for
discussion and to schedule time for the full boards to meet on a
quarterly basis.
Hunters Green/Hopewell Valley Area
Mayor Bruchey suggested that a plan be developed for revenue
sharing to allow the Economic Development Commission to better
market the Hunters Green/Hopewell Valley area. Council member
Metzner stated that the City is moving to establish a policy to
waive annexation requirements in lieu of a payment-in-lieu-of-
taxes (PILOT) if the economic development projects meet certain
criteria. Commissioner Kercheval had questions regarding the
legality of a PILOT agreement. Councilman Metzner indicated
that a business would be given the choice to enter into a pre-
annexation agreement or the PILOT. It was the consensus to have
the 2+2 Committee discuss this issue in more detail and develop
a plan for both bodies to review at the next quarterly meeting.
Revenue Sharing Discussion
Commissioner Kercheval indicated that the County is attempting
to schedule the tax set-off presentation at the Maryland
Municipal League meeting in March and then would schedule
meetings with the various municipalities during the year on
their regular meeting nights.
Mayor Bruchey distributed a list of possible items for the
County to consider for a revenue sharing arrangement.
Commissioner Kercheval stated that he disagrees philosophically
with revenue sharing, with the possible exception of the hotel
rental tax. He indicated that, as an elected County official,
he feels that the funding has to be allocated fairly among all
jurisdictions and then outlined his objections. Commissioner
Wivell suggested that he would rather improve efficiency by
consolidating departments. The group discussed the matter, and
Commissioner Aleshire suggested having the respective
departments provide information on what areas could be combined
in order to allow elected officials to look at beneficial
projects and the goals to be achieved.
Central Booking
Commissioner Wivell stated that the project is proceeding at the
State level. He proposed that the City and County develop an
operating agreement for the facility.
ADJOURNMENT
Motion made by Commissioner Aleshire, seconded by Kercheval, to
adjourn at 5:30 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
______________________, Clerk
January 31, 2007
Hagerstown, Maryland
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Baker, to
convene in closed session at 5:30 p.m. to discuss the
appointment, employment, assignment, promotion, or compensation
of appointees, employees, or officials over whom the
Commissioners have jurisdiction and to discuss personnel matters
that affect one or more specific individuals, in accordance with
Section 10-508 of the State Government Article of the Annotated
Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION AND ADJOURN
Motion made by Commissioner Aleshire, seconded by Wivell, to
reconvene in open session at 8:00 p.m and adjourn. Unanimously
approved.
In closed session, the Commissioners discussed a personnel
matter relating to the appointment, employment, assignment,
promotion, or compensation of appointees, employees or officials
over whom the Commissioners have jurisdiction and other
personnel matters that affect one or more specific individuals.
Present during closed session were Commissioners John F. Barr,
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and
William J. Wivell and a candidate for employment.
,
County Administrator
_____________________________________,
County Attorney
______________________, Clerk
February 1, 2007
Hagerstown, Maryland
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Baker, to
convene in closed session at 5:30 p.m. to discuss the
appointment, employment, assignment, promotion, or compensation
of appointees, employees, or officials over whom the
Commissioners have jurisdiction and to discuss personnel matters
that affect one or more specific individuals, in accordance with
Section 10-508 of the State Government Article of the Annotated
Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION AND ADJOURN
Motion made by Commissioner Kercheval, seconded by Wivell, to
reconvene in open session at 8:00 p.m and adjourn. Unanimously
approved.
In closed session, the Commissioners discussed a personnel
matter relating to the appointment, employment, assignment,
promotion, or compensation of appointees, employees or officials
over whom the Commissioners have jurisdiction and other
personnel matters that affect one or more specific individuals.
Present during closed session were Commissioners John F. Barr,
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and
William J. Wivell and a candidate for employment.
,
County Administrator
_____________________________________,
County Attorney
______________________, Clerk