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HomeMy WebLinkAbout070213 February 13, 2007 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:00 a.m. The following Board of Education members were present: Ed Forrest, Roxanne Ober, Bernadette Wagner, Paul Bailey, Ruth Anne Callaham, and Wayne Ridenour. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; Chris South, Director of Budget and Finance; and Robert Rollins, Acting Director of Facilities Planning and Development. Second Quarter Budget Adjustments Motion made by Commissioner Kercheval, seconded by Baker, to approve the following second quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Mid-Level Administration - $144,430; Instructional Salaries - $373,050; Other Instructional Costs - $188,760; Special Education - $97,740; Student Personnel Service - $25,700; Student Transportation - $108,000; and Fixed Charges - $309,865; and by increasing the following categories: Revenue - $107,830; Administration - $8,180; Instructional Textbooks & Supplies - $420,560; Maintenance of Plant - $424,835; and Operation of Plant - $304,165; for a net increase on Fund Balance of $197,635. Unanimously approved. Status of Mitigation Policy Ms. Ober stated that the Board of Education’s Policy Committee has reviewed the revised draft of the Mitigation Policy and has asked for direction from the Commissioners on how to proceed. She suggested using the 2+2 Committee format of two Board of Education members and two County Commissioners to meet and make a recommendation to both bodies on revisions to the Mitigation Policy. Commissioner Kercheval provided background information. After discussion, it was agreed that each elected body would consider choosing two members for the committee within the next two weeks. (Commissioner Wivell arrived at the meeting at 8:30 a.m.) FY 2008 Capital Improvement Program (CIP) Requests Mr. Michael reviewed the following FY 2008 CIP requests: Capital Maintenance - $3,420,000; Systemic Projects - $3,093,000; Technology Wiring Projects - $80,000; ADA Projects - $100,000; Relocatable Classrooms - $575,000; Athletic projects - $485,000; and Construction projects for Pangborn, Westfields, and Maugansville Elementary Schools and the Barbara Ingram School for the Arts. The total request is for $53,064,924. Preliminary Construction Bid Results for Westfields Elementary School Mr. Michael provided the preliminary bid results for the construction of Westfields Elementary School. He stated that the project was bid including the prevailing wage rate and non-prevailing wage rate. Mr. Michael informed the Commissioners that there was a 6.64% increase in the project cost of the bids using the prevailing wage rate or an increase of $996,057.30. He stated that the bids for construction of Westfields Elementary School were lower than projected by approximately $2 million. Mr. Rollins noted that they calculated the “break-even” point for State funding if the prevailing wage rate is used and found that it was 52.2% of the costs. The County’s costs would then be less than those associated with the non-prevailing wage construction. Mr. Michael stated that the staff will be recommending that the Board accept the low bid using the prevailing wage rate based on the belief that the County would be able to secure more than 52% of the costs from the State. It was the consensus of the Commissioners that the Board utilize the prevailing wage rate in the bid for Westfields. Dr. Morgan emphasized that both elected bodies should lobby the State Delegation for additional State funding for school construction projects. After discussion, it was the consensus to send a joint letter to the Delegation requesting that they lobby for additional funds and to use the media to urge citizens to support the request. RECESS The Commissioners recessed at 9:05 a.m. FEBRUARY 13, 2007 PAGE TWO 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, James F. Kercheval, 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 – FEBRUARY 6 & 7, 2007 Motion made by Commissioner Wivell, seconded by Aleshire, to approve the minutes of February 6 and 7, 2007. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Aleshire informed the Commissioners that the local Delegation to the General Assembly pulled the request made by the Board of License Commissioners regarding certification of servers of alcohol. He stated that he received the “Farmland Preservation Report” from the Washington County Free Library. The publication noted that Washington County pays over 90 percent of the cost per acre for the purchase of agricultural easements and that the average amount provided by counties in the program is 60 percent. He noted his recommendations for the Solid Waste Advisory Committee. Commissioner Aleshire stated that he would be attending the Department of Social Services Employee Day luncheon. Commissioner Wivell reported on the PenMar Development Corporation meeting. Commissioner Kercheval informed the Commissioners that he attended Governor O’Malley’s press conference at the Maryland Correctional Training Center (MCTC). He stated that he met with officials from the Town of Boonsboro regarding annexation issues. Due to several questions, the Town asked that the Commissioners remove this item from this week’s agenda. Commissioner Kercheval reported on the 2+2 Committee meeting. Commissioner Baker stated that he attended the Town of Hancock’s Winter Ice Festival. He stated that he was approached regarding questions on the Bowman Truck Stop. Rodney Shoop, County Administrator, indicated that he would obtain answers for him from the Planning Department staff. Commissioner Barr reported on the Governor’s visit to MCTC. He stated that Hagerstown Business College has requested that the Commissioners support their proposal to the Maryland Higher Education Commission to add a four-year degree program to their curriculum. It was the consensus of the Commissioners to send a letter of support for the request. BUDGET PRESENTATION – COMMISSION ON AGING Susan MacDonald, Director of the Commission on Aging, and John Kenney, Chair of the Commission on Aging/Area Agency on Aging Board, presented the fiscal year 2008 budget request for the Commission on Aging. Mr. Kenney thanked the Commissioners for supporting their relocation to the Aspiring to Serve facility and helping to financially stabilize the organization. Ms. MacDonald reviewed projections from their 2006 Annual Report. She requested County funding of $586,580 for FY 2008 and highlighted the major changes in the budget. Ms. MacDonald indicated that the majority of the requested increase would fund the growth of the Meals on Wheels caseload and the Medicare Part D program. The meeting was opened for questions from the Commissioners. CITIZENS’ PARTICIPATION Robert Harsh, owner of County Medical Transport, Inc. distributed information regarding the history of the contract for medical transport relating to the Washington County Health Department. John Martirano, County Attorney, stated that there is currently ongoing litigation relating to a previous contract between County Medical Transport, Inc. and the Washington County Health Department and noted that County Medical Transport, Inc. is represented by an attorney in that matter. Mr. Harsh acknowledged the ongoing litigation and stated that his attorney had FEBRUARY 13, 2007 PAGE THREE approved his appearing before the Commissioners this morning to discuss these issues. COUNTY ATTORNEY ISSUES Kirk Downey, Assistant County Attorney, informed the Commissioners that the County Attorney’s Office was contacted by the Chair of the Washington County Delegation to the General Assembly regarding the enabling legislation requested to raise the excise tax cap for residential, non- commercial buildings. He stated that the Delegation has indicated that a bill is to be submitted in which the amount of the cap for residential, non-commercial buildings would be removed for FY 2008 and the current schedule would be reinstated after the one-year period. The bill would also require that the Commissioners appoint a task force by July 1, 2007 to study the excise tax rates and how they are applied. Commissioner Kercheval stated that he would support the bill. Commissioner Wivell indicated that he is only interested in the bill if its purpose is to implement a graduated scale based on square footage. Commissioner Aleshire stated that he does not want to limit the task force to one issue. Motion made by Commissioner Kercheval to support the Delegation’s effort to submit a bill to remove the cap for excise tax for FY 2008 as presented, with the understanding that a task force would be appointed by July 1, 2007, which would include the study of a graduated excise tax scale for residential, non-commercial buildings. The Motion died for lack of a second. Motion made by Commissioner Wivell to proceed with the request for the purpose of removing the excise tax cap for residential, non-commercial buildings with the understanding that the request is for the purpose of developing a graduated scale. Motion died for lack of a second. Motion made by Commissioner Aleshire, seconded by Kercheval, to support the enabling legislation as proposed by the Delegation to the General Assembly to remove the excise tax cap for residential, non-commercial buildings for a period of one year and to recommend to the Delegation that the requirement to establish a task force to review changes for residential, non-commercial buildings, include the study of a graduated rate scale and contain the provision that the report and recommendations of the task force be presented to the County Commissioners by July 1, 2007. Motion carried with Commissioners Aleshire, Kercheval, Baker and Barr voting “AYE” and Commissioner Wivell voting “NO.” REPORTS FROM COUNTY STAFF John Latimer, Director of the Department of Fire & Emergency Services, provided an update on the current weather situation. He stated that the forecast calls for three-to-five inches of snow and one-half to three-quarter inches of ice overnight. Mr. Latimer indicated that they are monitoring the situation and may have to activate the Emergency Operations Center (EOC). MARYLAND INSTITUTE OF EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) 2006 BIO-TERRORISM PREPAREDNESS GRANT Motion made by Commissioner Aleshire, seconded by Kercheval, to authorize the Division of Fire & Emergency Services to accept a FY 2006 grant of $48,880 from the Maryland Institute of Emergency Medical Services Systems (MIEMSS) for bio-terrorism preparedness. Unanimously approved. MISS MARYLAND SCHOLARSHIP PAGEANT Hagerstown Mayor Robert Bruchey and Tom Riford, Director of the Washington County Convention & Visitors Bureau (CVB), met with the Commissioners to request funding assistance for the Miss Maryland Scholarship Pageant to be contracted with the City of Hagerstown. Mr. Riford stated that the pageant is scheduled at the Maryland Theatre from June 17- 24. He noted that this event has been held in Hagerstown for over 30 years and creates more than $125,000 of local economic impact. Mayor Bruchey informed the Commissioners that the City of Hagerstown is co-sponsoring and hosting the event and providing funding of $14,000. The contract with the Maryland Theatre would be for five (5) years. He FEBRUARY 13, 2007 PAGE FOUR asked that the County provide $14,000 in assistance through the hotel rental tax special projects fund, which would increase by $500 each of the remaining years of the contract. The Miss Maryland Pageant would provide $10,000 toward rental of the Theatre. The meeting was opened for questions and discussion. Motion made by Commissioner Wivell, seconded by Baker, to approve the request to provide $14,000 toward funding of the Miss Maryland Scholarship Pageant for 2007, along with the City of Hagerstown and Convention and Visitors Bureau, with funds to be taken from the 2007 hotel rental tax special projects fund. Unanimously approved. WASHINGTON COUNTY HOME RULE CHARTER BOARD – PROPOSAL TO HIRE CONSULTANT Jeannie Singer, Chair of the Washington County Home Rule Charter Board (“Charter Board”), appeared before the Commissioners to request approval to hire Victor K. Tervala to assist the Charter Board in drafting the proposed charter. Ms. Singer informed the Commissioners that the Charter Board interviewed Mr. Tervala and agreed to contract for his services. Ms. Singer requested funding for this contract. The meeting was opened for questions from the Commissioners. Commissioner Kercheval indicated that based on the independent nature of the Charter Board, he did not believe the Commissioners should be approving the allocation of money to specific expenditures. Instead, the Commissioners should decide an appropriate amount to allocate for the Charter Board’s budget and allow them to spend within that budget as they see fit. After discussion, Commissioner Kercheval recommended $12,000 be used as the budget. Commissioners Aleshire and Wivell indicated that, while they did not opposing funding of the Board, they did not support funding at the level of $12,000. Motion made by Commissioner Kercheval, seconded by Baker, to approve allocating up to $12,000 to assist the Washington County Home Rule Charter Board in preparing the Charter document with funds to be taken from the Commissioners’ Contingency Budget. Motion carried with Commissioners Kercheval, Baker and Barr voting “AYE” and Commissioners Aleshire and Wivell voting “NO.” RECESS – LUNCHEON WITH WASHINGTON COUNTY HISTORICAL SOCIETY The Commissioners recessed at 11:54 a.m. to attend a luncheon sponsored by the Washington County Historical Society. AFTERNOON SESSION The afternoon session was called to order at 1:15 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. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 1:15 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom the Commissioners have jurisdiction; discuss personnel matters that affect one or more specific individuals; and consult with counsel to obtain legal advice on a legal matter, 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 Aleshire, to reconvene in open session at 5:30 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom the Commissioners have jurisdiction; discussed personnel matters that affect one or more specific individuals; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. FEBRUARY 13, 2007 PAGE FIVE Aleshire, James F. Kercheval and William J. Wivell. Also present at various times were John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Kirk Downey, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Greg Murray, Director of the Water Quality Department; and Dee Hawbaker, Acting Director of Human Resources. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Baker, to adjourn at 5:30 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ______________________, Clerk