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March 27, 2007
Hagerstown, Maryland
The Commissioners attended the annual breakfast meeting
sponsored by the Washington County Extension Service at
7:30 a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 9:15
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
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 – MARCH 20, 2007
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of March 20, 2007.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker stated that he received compliments from
a citizen regarding the manner in which County staff
handled a complaint on the condition of a County road. He
informed the Commissioners that he attended a meeting on
the National Park Centennial Challenge Initiative.
Commissioner Kercheval reported on the meetings of the
Metropolitan Planning Organization (MPO) and City-County
2+2 Committee. He stated that he also attended the
Maryland Municipal League (MML) meeting. Commissioner
Kercheval informed the Commissioners that the final meeting
of the MACo Legislative Committee would be held tomorrow.
Commissioner Aleshire stated that the Commissioners may
need to respond to the Local Delegation to the General
Assembly if they support House Bill 1399 in its current
form. He also expressed concerns that the Board of
Education’s proposed FY 2008 budget was not received until
yesterday and the presentation is tonight.
NATIONAL PARK SERVICE CENTENNIAL INITIATIVE
Tom Riford, Director of the Convention & Visitors Bureau,
and Robert Hartman, Deputy Superintendent for the
Chesapeake and Ohio (C&O) Canal National Historical Park,
met with the Commissioners regarding formulation of the
Park’s long-term goals and projects to submit for the
National Park Centennial Initiative Challenge. Mr. Hartman
stated that President Bush has directed National Park
Service (NPS) employees to “invite and receive suggestions
from those who desire to preserve the scenic, cultural,
historical, geological and recreational values of our
national parks.” He informed the Commissioners that the
NPS would celebrate its centennial in 2016. Mr. Hartman
asked for input for long-range planning programs to submit
for the challenge. The challenge funding must be matched
by donations. Mr. Riford reviewed several projects for the
Commissioners to consider in order to receive a portion of
the challenge funding. Projects included reconstruction of
the C&O Canal towpath at Big Slackwater, rehabilitation of
Canal structure at Williamsport, and repair of the railroad
lift bridge. He urged the Commissioners to inform the NPS
how important these projects are to Washington County. The
meeting was then opened for questions from the
Commissioners. Mr. Riford stated that reconstruction of
the towpath at Big Slackwater would be the top priority and
explained that this is the only break in 184 miles of the
towpath.
CAPITAL IMPROVEMENT PROGRAM REVIEW
Debra Murray, Director of Finance; Gary Rohrer, Director of
Special Projects; and Mike Thompson, Director of Planning &
Community Development, met with the Commissioners to review
the 2007-2012 Capital Improvement Program (CIP) budget.
The Committee then continued their review of the
projects for Hagerstown Community College and the Solid
Waste Department.
Commissioner Kercheval asked if the budget reductions being
recommended by the Committee were communicated to the
departments and organizations.
MARCH 27, 2007
PAGE TWO
After discussion, it was agreed that the draft budget being
recommended to the Commissioners would be sent to each
organization and a copy of their comments included in the
packet for presentation.
The Commissioners agreed to continue CIP budget discussions
following Citizens’ Participation.
CITIZENS’ PARTICIPATION
Tom Janus stated that he feels the Board of Education has
exceeded the boundaries of their powers by financing the
“School for the Arts” through MEDCO.
Jerry Ditto submitted his name for consideration for
appointment to the Urban Growth Area Advisory Committee. He
stated that the State’s Agricultural Preservation District
program is for five years and that the County extended its
easement period to 10 years following a task force
recommendation. Mr. Ditto stated that the donated
conservation easement that is on the Commissioners’ Agenda
this afternoon is an example of preservation at the
discretion of others.
REPORTS FROM COUNTY STAFF
Jim Hovis, Director of the Gaming Office, provided an
update on House Bill 125, which would create a task force
to study charitable gaming. He informed the Commissioners
that the Bill passed in the House of Delegates with an
amendment that the Director of the Washington County Gaming
Commission be included as a member of the task force. Mr.
Hovis recommended that the County proceed with its position
to remain neutral as the bill proceeds to the State Senate.
The Commissioners agreed with Mr. Hovis’ recommendations.
Jim Sterling, Director of Buildings, Grounds, and Parks,
met with the Commissioners to discuss the rejection of the
bids for the construction of the new Agriculture Museum
buildingat the Agricultural Education Center. Mr. Sterling
informed the Commissioners that the Agricultural Education
Center Board (“Ag. Board”) met and has asked that the
Commissioners consider forward funding up to $65,000 for
the Museum building, which would be repaid by the Ag.
Board. He explained that the Ag. Board hopes to use
$35,000 it received in FY 2007 gaming funds for the
project. Mr. Sterling indicated that the Ag Board would
also ask the Delegation to extend the period to use State
funding it has available for the building and will be
applying for FY 2008 gaming funds.
Motion made by Commissioner Wivell, seconded by Aleshire,
to approve forward funding up to $65,000 from the CIP
Contingency Fund for the construction of the new
Agriculture Museum building, with the Agricultural
Education Center Board to repay the funds to the County.
Unanimously approved.
COUNTY ATTORNEY ISSUES
John Martirano, County Attorney, informed the Commissioners
that, at his request, a Closed Session item relating to
legal advice and the consideration of the acquisition of
real property for a public purpose has been added to the
end of the today’s Commissioners’ agenda.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, reminded the
Commissioners that the Board of Education would be
presenting its FY 2008 Board budget tonight at North
Hagerstown High School. He stated that he would distribute
information on the recordation and transfer tax.
CAPITAL IMPROVEMENT PROGRAM REVIEW – CONTINUED
The Commissioners continued their review of the 2007-2012
Capital Improvement Program (CIP) budget for projects
submitted for the Transit Department and Hagerstown
Regional Airport.
GENERAL FUND BUDGET OVERVIEW
Debra Murray, Director of Finance, and Kim Edlund,
Assistant Director of Finance, met with the Commissioners
to provide a General Fund Budget overview. Ms. Murray
stated that she attempted to keep the increases in
MARCH 27, 2007
PAGE THREE
total around three percent, excluding pay-go funds. She
indicated that the bulk of the revenue stream is from
taxes. Ms. Murray reviewed graphs outlining the
allocation of total program costs for education, public
safety, pay-go, and programs and services, and showed where
the new funding is allocated in Draft #1. She provided
information on the history of County general fund revenues
from 1999-2009. Ms. Murray emphasized that a drop in real
estate revenues is projected in FY 2009, and that
increasing pay-go funding would allow for more flexibility.
RECESS – LUNCH AND BUDGET PRESENTATION - HAGERSTOWN
COMMUNITY COLLEGE
The Commissioners recessed at 12:00 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:18 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.
GENERAL FUND REVENUE DISCUSSIONS
Debra Murray, Director of Finance, and Kim Edlund,
Assistant Director of Finance,met with the Commissioners
to review a draft of the FY 2008 revenues. She informed
the Commissioners that real and personal property tax
revenues are expected to be $108,844,210; income tax and
local tax revenues are projected to be $75,375,000; and
interest on investments $3,283,500. The total proposed
general fund revenue is projected to be $195,021,124. Ms.
Murray proposed that the 1% discount not be offered on the
corporate personal property tax. She indicated that the
County’s audit contains comments on this because the Munis
software system in the Treasurer’s Office cannot account
for the discount. The Commissioners asked for additional
information before making a decision. Ms. Murray provided
an overview of each revenue item. She stated that they are
projecting an increase of 8% in income tax for FY 2008.
She indicated that an increase in Real Estate and Personal
Property is projected to be 12.33% in FY 2008, but the FY
2009 increase is projected to drop to 2.96%. She cautioned
the Commissioners that there are still four major income
tax distributions in the fiscal year. Ms. Murray indicated
that she budgeted on a conservative trend for FY 2008. The
meeting was then opened for questions and discussion.
OVERVIEW OF DEPARTMENT OF SOCIAL SERVICES/COUNTY SERVICES
David Engle, Director of the Department of Social Services
(DSS), met with the Commissioners to present a video
presentation of the DSS programs funded exclusively from
the County budget. The programs include Adult Foster Care,
funding for the rent of the Family Center and Child Care
Worker, School Family Liaison, Child Advocacy Center
Program manager, and involvement with the Job Opportunity
Bus Shuttle. Mr. Engle thanked the Commissioners and
opened the meeting for questions.
DONATED CONSERVATION EASEMENT – ROBERTA NIKLEWSKI
Eric Seifarth, Rural Preservation Administrator, and Peter
Vorac, Director of the Mid-Maryland Land Trust, met with
the Commissioners to request approval of the use of
Agricultural Transfer Tax funds for administrative and
settlement costs for a donated conservation easement. Mr.
Seifarth explained that Roberta M. Niklewski is donating an
easement on a 150.58 acre parcel of property near Clear
Spring, Maryland. He stated that an appraisal is presently
being done by Ritter Appraisal Services. Mr. Seifarth
estimated that the administrative costs would be
approximately $15,800 and $4,000 would be needed to cover
the settlement costs and appraisal. Mr. Vorak reviewed the
process and the details of the property and easement
agreement. Mr. Seifarth informed the Commissioners that
this easement would extinguish ten (10) development rights
and help protect farmland, stream, woodland, and view shed
of the property on Rockdale Road. The meeting was opened
for questions from the Commissioners.
Motion made by Commissioner Kercheval, seconded by Wivell,
to approve the use of Agricultural Transfer Tax funds for
administrative and settlement costs relating to the donated
conservation easement by Roberta M. Niklewski as presented
by staff. Unanimously approved.
MARCH 27, 2007
PAGE FOUR
MEMORANDUM OF AGREEMENT - SUBSCRIPTION EMPLOYMENT
TRANSPORTATION PROGRAM AND LEASES
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the Intergovernmental Grant Agreement between
the Maryland Department of Human Resources, the Washington
County Department of Social Services and the County, to
provide for continued transportation services under the
Subscription Employment Transportation Program (JOBS
Program) for fiscal year 2008, as outlined in the Inter-
Governmental Agreement and to approve the vehicle leases
between the County and CEC Leasing, Inc. necessary for the
JOBS Program (2 vehicle leases) and the Hopewell Express
Service (2 vehicle leases) . Unanimously approved.
REUSE OF BICYCLES – BIKES FOR THE WORLD
Keith Oberg, Director of Bikes for the World, and Phil
Ruth, volunteer for the program, appeared before the
Commissioners to request that a pilot bicycle re-use
program be established at the Forty West Landfill. Mr.
Oberg stated that a small area with appropriate signage at
the landfill could be created where landfill users could
deposit their bicycles. He also asked that abandoned bikes
at the Sheriff’s Department impound lot be donated to Bikes
for the World. Mr. Oberg explained that Bikes for the
World donates bicycles to provide affordable transportation
to workers and students. Although most bikes are donated
overseas, many are donated to at-risk youth in the
Washington, D.C. area. The meeting was opened for
questions and comments from the Commissioners. It was the
consensus of the Commissioners that the Solid Waste
Advisory Committee should review the request and make a
recommendation to them before a decision is made. They
asked that this item be scheduled on the Committee’s agenda
for consideration at its next meeting.
FORTY WEST LANDFILL (CELL 4 DESIGN) – CHANGE ORDER NO. 1
Joe Kroboth, III, Director of Public Works, and Robert
Davenport, Solid Waste Director, met with the Commissioners
to request approval of Change Order No. 1 for the Forty
West Landfill, Cell 4 design project. Mr. Kroboth stated
that URS, who was awarded the contract, is proposing a
change order to perform a Tier II landfill gas analysis and
a permit modification for the side-slopes of waste placed
in Cells One, Two, and Three. The increase for both tasks
would be $85,183 and would take approximately 345 days.
Mr. Kroboth informed the Commissioners that the Maryland
Department of the Environment has directed the County to
complete the Tier II analysis. He stated that the current
approved budget balance is adequate to cover the proposed
Change Order #1.
Motion made by Commissioner Kercheval, seconded by Baker,
to approve Change Order No. 1 with URS, Inc. for the Forty
West Landfill, Cell 4 Design Project in the amount of
$85,183 to provide a Tier II landfill gas analysis and a
permit modification for the side-slopes of waste placed in
Cells One, Two, and Three. Unanimously approved.
YOUTH OF THE MONTH AWARD – MARCH 2007
The Commissioners presented a certificate of merit to Lily
Pinkham (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 March 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.
RESH ROAD LANDFILL CLOSURE PHASE II – CLOSURE CAP DESIGN
CHANGE ORDER
Terry McGee, Chief Engineer, and Robert Slocum, Deputy
Chief Engineer, met with the Commissioners to request
approval of Change Order No. 1 for the Resh Road Landfill
Closure Phase II project with URS, Inc., in the amount of
$56,130. Mr. McGee stated that as a result of discussions
with the Maryland Department of the Environment, URS is
proposing to perform a survey of intermediate cover over
waste, permeability testing of existing cover material, and
an investigation of leachate seeps outside the waste limit.
He reviewed each of the tasks involved in the proposed
change order. Mr. McGee stated that the current budget
balance is adequate to cover the proposed change order. He
stated that if testing results are favorable, the cost of
the project would be lowered significantly. The meeting
was opened for questions and discussion.
MARCH 27, 2007
PAGE FIVE
Motion made by Commissioner Wivell, seconded by Baker, to
approve Change Order No. 1 with URS, Inc. in the amount of
$56,130 for the Resh Road Closure Phase II, Closure Cap
Design project. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by
Kercheval, to convene in closed session at 4:21 p.m. to
consult with counsel to obtain legal advice and 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. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Kercheval, seconded by Baker,
to reconvene in open session at 5:35 p.m. Unanimously
approved.
In closed session, the Commissioners consulted with counsel
to obtain legal advice and considered the acquisition of
real property for a public purpose and matters directly
related thereto. 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 Gregory Murray, County
Administrator; John Martirano, County Attorney; Kirk
Downey, Assistant County Attorney; Andrew Wilkinson,
Assistant County Attorney; Joni Bittner, County Clerk;
Timothy Troxell, Executive Director of the Economic
Development Commission; Gina Zawitoski, Esq., DLA Piper;
and Gary Walters.
RECESS
.
The Commissioners recessed at 5:35 p.m
FISCAL YEAR 2008 BOARD OF EDUCATION BUDGET HEARING
The evening session was called to order at 7:00 p.m. at
North Hagerstown High School 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. Also present were Board
of Education members Bernadette Wagner, Roxanne Ober, Paul
Bailey, William Staley, Wayne Ridenour, and Ruth Ann
Callaham. Dr. Elizabeth Morgan, Superintendent of Schools,
reviewed information concerning the budget process and the
Board’s vision, mission and goals. Chris South, Director
of Budget & Finance, outlined the anticipated State funding
for FY 2008 of $133,914,402 and the request to the County
for $85,223,969. He stated that the request maintains
average class size, funds Master Plan priority needs, and
allows the system to meet external challenges. The total
budget for all revenue sources is proposed to be
$220,103,725. The Board of Education staff provided the
following summary of incremental requests: A) Increase
related to Enrollment Growth - $3,279,243; B) Increase
related to Meeting State & Federal Regulations -
$3,489,474; C) Increase related to Utilities - $1,000,189;
D) Increase related to Transportation - $1,527,101; E)
Increase related to Facilities maintenance - $5,527,408; F)
Increases Related to Miscellaneous Services - $375,834; and
G) Increases Related to Employee Compensation & Benefits -
$26,981,697. Following the presentations, the meeting was
opened for questions and comments from the County
Commissioners.
The meeting was opened for comments from the public. After
hearing all comments, the meeting was adjourned at 8:50
p.m.
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County Administrator
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County Attorney
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Clerk