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HomeMy WebLinkAbout070522 May 22, 2007 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:10 a.m. The following Board of Education members were present: Roxanne Ober, Bernadette Wagner, Paul Bailey, Ruth Anne Callaham, William Staley, and Wayne Ridenour. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; Jeff Harr, Project Manager; Dale Diller, Energy Management Specialist; and Robert Rollins, Acting Director of Facilities Planning and Development. Energy Management Update Dale Diller, Energy Management Specialist, reported on the Board of Education’s strategic plan for energy savings for the Public Schools’ facilities. Mr. Diller provided information on their short-term goals to establish an energy baseline, assess school facilities, identify inefficiencies, and prioritize projects. He informed the Commissioners that long-term goals include expanding strategic procurement, identifying energy inefficiencies, implementing improvement programs, researching energy savings programs, implementing billing tracking software, contributing to capital project planning, and evaluating energy efficiency. The meeting was then opened for questions and discussion. FY 2008 Capital Improvement Plan (CIP) Funding Mr. Michael and Mr. Rollins met with the Commissioners to review the previously submitted CIP budget and to discuss the projects identified in it. Mr. Michael stated that they submitted a request of $53,064,924 earlier this year. The meeting was then opened for discussion. Commissioner Aleshire stated that he feels maintenance projects have to be a priority. Commissioner Kercheval stated that $8 million has not yet been specifically allocated and has been placed in a reserve fund to be allocated for future projects. He asked the Board if systemic projects were a priority for them. Also discussed was the funding for Antietam Academy and the projected cost per seat. Dr. Morgan agreed to provide the Commissioners with the Board of Education’s priorities and a plan for Antietam Academy. Mr. Murray stated that the restricted funds for pay-go projects would be decided at a later date. Summer Maintenance Project List Mr. Michael and Mr. Harr presented the Capital Improvement Program (CIP) facilities and maintenance projects that are scheduled for the summer of 2007. Mr. Michael stated that these projects are funded using State monies, Aging Schools funds, and County CIP funds. Commissioner Aleshire indicated that he would e-mail his questions to them due to the lack of time. Barbara Ingram School for the Arts Debra Murray, Director of Finance, provided an update on recent discussions regarding the proposed funding for the Barbara Ingram School for the Arts. Ms. Murray stated that they are waiting on legal counsel to determine whether the historic tax credit could be used if the Board utilized bond funding through a bank without MEDCO involvement. The Commissioners agreed to meet with the Board of Education for a breakfast meeting on May 29, 2007 at 8:00 a.m. RECESS The Commissioners recessed at 9:38 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:55 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. MAY 22, 2007 PAGE TWO APPROVAL OF MINUTES – MAY 15, 2007 Motion made by Commissioner Wivell, seconded by Baker, to approve the minutes of May 15, 2007, as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval stated that he spoke at the Western Maryland Local Government Exchange. He reported on the meetings of the Local Management Board, the Western Maryland Consortium, Metropolitan Planning Organization (MPO), 2+2 Committee with the City of Hagerstown, and the Economic Development Commission’s strategic planning session. Commissioner Kercheval reminded the Commissioners that a letter on the County’s transportation priorities should be sent to the State next week. Commissioner Baker stated that he attended the Municipal League dinner and provided a report on the meeting that followed. He also reported on the Recreation & Parks Board meeting. Commissioner Aleshire reported on his follow-up meeting with the Board of Education. He stated that he met with several individuals to discuss upcoming BRAC issues. Commissioner Aleshire indicated that he met with the Town Planner from Boonsboro to discuss outstanding issues regarding the recent annexations. He asked for a progress report on the City/County 2+2 Committee and conveyed information he received from an applicant in a recent rezoning (said application was recently withdrawn by the applicant) that was not brought forward at the public hearing. Commissioner Wivell informed the Commissioners that he asked Greg Murray, County Administrator, to develop an issue paper for PenMar to include the unresolved issues regarding the water supply. He stated that he believes that the PenMar Development Corporation should make it one of its priorities to use its available funding to bring the water system up to standards and then turn it over to the County. Commissioner Wivell indicated that he read a recent article in the newspaper regarding the City of Hagerstown’s proposed sewer increase and stated that the increase should be based on a cost of service analysis. Mr. Murray informed him that he would pass the information along to him as soon as the Water Quality Department receives it from the City. Commissioner Barr reported on the Economic Development Commission summit. He stated that he attended SanMar Children’s Home annual awards and banquet, the Children’s Village KidsAlive Fest, the Asian Pacific graduation ceremony at Citicorp, and the dedication of the living memorial in honor of the two Washington County residents who died in the line of duty on the USS Cole. Commissioner Barr informed the Commissioners that he participated in Hagerstown Community College’s graduation ceremony and visited the Williamsport branch library and museum. 2007 JOHN FRYE HISTORIC PRESERVATION AWARD Ralph Young, Chair of the Historical Advisory Committee, introduced Committee members who were in attendance and provided an update on the Committee’s activities, its history, successes, and local houses that are at risk to be lost due to development pressure. They provided the Commissioners with a copy of Anne Arundel County’s review process. Commissioner Barr presented the 2007 Historic Preservation Award to Mike Deming in recognition of the contribution he has made to historic preservation in Washington County. CITIZENS’ PARTICIPATION Tom Berry stated that House Bill 753 requires the Commissioners to adopt ordinances to take effect in October 2007. He also outlined concerns he has with the legislation, which authorized the County to seek civil penalties against repeat violators of the building codes. Brian McMurtrie spoke in regard to the recent properties annexed into the Town of Boonsboro and the proposed extension of water lines in the area. He expressed concerns about the extension of the lines beyond the limits of the Town of Boonsboro. MAY 22, 2007 PAGE THREE Ron Bowers, Brian Sullivan, and Mack Davis appeared before the Commissioners on behalf of the Maryland Theater and urged them to reconsider the funding request of $25,000 for the Theater. Commissioner Kercheval asked for information on the Theater’s financial situation and the Board’s long- term plans. BID AWARD – PUBLIC IMPROVEMENT BONDS OF 2007 Debra Murray, Director of Finance, Lester Guthorn, Financial Advisor, and Timmy Ruppersberger, Bond Counsel, appeared before the Commissioners at 11:00 a.m. to receive and evaluate electronic bids for the Public Improvement Bonds of 2007 via the Parity service. Six bids were received. The Commissioners viewed the bids online and evaluated the bid representing the lowest interest rate to the County. At this time, Mr. Guthorn and Ms. Ruppersberger left the meeting to review and verify the bids submitted and stated that they would return for award of the bid. CERTIFICATE OF MERIT – VICKI LUMM Commissioner Barr presented a Certificate of Merit to Vicki Lumm, Legal Secretary, in recognition of having received her Paralegal Studies Certificate from Hagerstown Community College on May 19, 2007. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray. County Administrator, informed the Commissioners that he has tentatively arranged a joint meeting with the Hagerstown Mayor and Council for June 19. He stated that he received a CD of their draft Comprehensive Plan, which will be heard at public hearing on July 25. REAPPOINTMENTS – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Kercheval, seconded by Baker, to reappoint Robert Ernst, II, James Lobley, Dana Moylan, and John Schnebly to the Economic Development Commission for three-year terms. Unanimously approved. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Special Projects, reminded the Commissioners that a letter outlining the County’s transportation priorities should be sent to the Department of Transportation in order to have the projects placed on the funding schedule. He stated that a meeting with the State Highway Administration is scheduled for next week. Joe Kroboth, Director of Public Works, informed the Commissioners that the Solid Waste Department is hosting a free electronic recycling day on June 2 in conjunction with the Maryland Environmental Service. BID AWARD – FORTY WEST LANDFILL CELL NO. 4 CONSTRUCTION Motion made by Commissioner Kercheval, seconded by Wivell, to award the bid for construction of Cell No. 4 at the Forty West Landfill to Kinsley Construction, Inc., which submitted the low responsive, responsible bid of $3,056,320. Unanimously approved. ADOPTION OF RESOLUTION – AWARD OF THE BID FOR THE PUBLIC IMPROVEMENT BONDS OF 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to adopt a resolution accepting the low bid of Merrill Lynch & Co. at the true interest cost (TIC) of 4.216253% on the sale of $16,000,000 Public Improvement and Refunding Bonds of 2007. (A copy of the Resolution RS-07- 009 can be found in the County Commissioners’ office.) Unanimously approved. (Commissioner Wivell was absent from the meeting when the vote was taken, but went on record that he would have voted in opposition due to the amount of the bond issuance.) RECESS – YOUTH OF THE MONTH ANNUAL BANQUET The Commissioners recessed at 11:58 a.m. in order to attend the annual banquet honoring the 2006-07 nominees and recipients of the Youth of the Month awards. AFTERNOON SESSION The afternoon session was called to order at 1:29 p.m. by President John F. Barr, with the following members present: Vice President Terry L. MAY 22, 2007 PAGE FOUR Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. TOWN OF BOONSBORO – PROPOSED ZONING OF RECENTLY ANNEXED PROPERTIES Michael Thompson, Director of Planning & Community Development, Derek Myers, Town Planner for the Town of Boonsboro; Richard Hawkins, Town Councilmember; and Debbie Smith, Town Manager, appeared before the Commissioners to discuss the proposed zoning of the properties recently annexed into the Town of Boonsboro totaling approximately 813 acres. Mr. Thompson stated that the Town is requesting that “express approval” be granted by the Commissioners for the properties. He indicated that staff recommends granting express approval where necessary as the requests are consistent with the Town’s Master Plan, but with the condition that the total development of the annexations be limited to 1,640 EDUs consistent with the sewer capacity limitations and that the Town limit building permits to 60 units per year and that these be issued only after compliance with the provisions of the Adequate Public Facilities Ordinance (APFO). Mr. Thompson informed the Commissioners that the requests for annexation were received by the Town prior to October 1, 2006 and, therefore, are subject to the provisions of Article 23A of the Annotated Code of Maryland. He stated that, under the language of Article 23A at the time the requests were processed, no action was required by the Board of County Commissioners unless the proposed zoning to be adopted by the Town was inconsistent with the designated land use for the property under the adopted 2002 Comprehensive Plan. Mr. Thompson indicated that the Commissioners discussed the requests on December 16, 2006 and were not opposed to the annexations, but felt additional information was needed before they granted “express approval.” Mr. Thompson then reviewed each of the properties annexed by the Town of Boonsboro. Mr. Hawkins stated that the growth would be managed by the Town’s Planning and Zoning Commission. Councilman Hawkins informed the Commissioners that the Town is mandated by the Maryland Department of the Environment (MDE) to upgrade the sewer plant and extend the water line. MDE has committed to provide $4.6 million in grants and loans for the $10 million project. William Wantz, Town Attorney, stated that the town would need an additional 60 taps per year to fund the debt on the new plant. The meeting was then opened for questions. Commissioner Aleshire stated that he approved of the direction being taken by the Town but noted that he has reservations since the Planning staff has noted nine different concerns. Commissioner Kercheval indicated that the Planning Commission did not have the amount of information they now have when they wrote the original report. He stated that he would agree to grant “express approval” with the conditions that the number of units be limited to 1,640 and that the Town agree to uphold the APFO. Motion made by Commissioner Kercheval, seconded by Wivell, to grant “express approval” for the proposed zoning of properties recently annexed by the Town of Boonsboro, conditional on the total development being limited to 1,640 EDUs consistent with the sewer capacity of the Town and that the APFO currently in place in the Town, which mirrors the County’s APFO, remains substantially similar thereto for at least five years and that the Board of County Commissioners have final approval of any mitigation agreement for schools relating to these properties. Motion carried with Commissioners Kercheval, Wivell, Baker and Barr voting “AYE” and Commissioner Aleshire voting “NO.” URBAN GROWTH AREA ADVISORY COMMITTEE CANDIDATES Mr. Thompson and Stephen Goodrich, Chief Planner, met with the Commissioners to discuss the selection process for appointment of the Urban Growth Area Advisory Committee members and to discuss the role of the Advisory Committee. After discussion of several proposals, it was agreed that the committee would be made up of a total of 13 members chosen from the list of candidates submitted in April, with each Commissioner choosing one member and the remaining eight members to be at large and appointed by the consensus of the Commissioners. The Commissioners agreed to appoint representatives from the following MAY 22, 2007 PAGE FIVE categories: economic development, social non/profit, education, business, emergency services, rural, building industry, realtors, infrastructure, municipal, and a chair for the group. FY 2008 PROGRAM OPEN SPACE FUNDING Jim Sterling, Director of Buildings, Grounds & Parks, met with the Commissioners to review the FY 2008 Program Open Space Funding proposals as recommended by the Recreation and Parks Board. Mr. Sterling informed the Commissioners that the County’s FY 2008 allocation from the State is $1,998,061. He informed the Commissioners that the Maugansville Elementary School Community Recreation Center came in under the allocated amount by $134,000. However, the Westfield Elementary School Community Recreation Center project has a shortfall of $205,965. Mr. Sterling proposed using the excess funds from the Maugansville project of $134,000 and $71,965 from FY 2007 reserves to make up the shortfall. He stated that the FY 2007 application would be amended to indicate the changes. It was the consensus of the Commissioners to approve the amendment. He indicated that there is now a State requirement that 25% of the funding must be used for acquisition. The Commissioners then discussed the proposed projects as recommended by the Board: Development – Board of Education - $1,446,900; Boonsboro - $75,000; Funkstown – $49,500; Hagerstown – $213,972; Hancock – $73,150; Keedysville - $55,000; Smithsburg - $37,500; Williamsport – $100,185; Hagerstown Community College - $120,000 Washington County –$346,500; and Board of Education - $446,900; Acquisition: Park Acquisition - $498,066; and Reserve Funds - $127,712 for future acquisition and/or development. The meeting was then opened for questions and discussion of the ranking of projects. Motion made by Commissioner Kercheval, seconded by Baker, to approve the FY 2008 Program Open Space program as presented in the amount of $1,988,061. Motion carried with Commissioners Kercheval, Baker, Aleshire, and Barr voting “AYE” and Commissioner Wivell voting “NO.” SOLE SOURCE CONTRACT AWARD – ACCELA GIS AND SERVICES FOR USE BY THE COUNTY Karen Luther, Purchasing Agent, and Angela Smith, Deputy Director of Permits & Inspections, met with the Commissioners regarding the recommendation to award a sole source procurement to Accela, Inc. in the amount of $51,952 plus travel time and expenses at an estimated amount of $3,620 for the addition of AccelaGIS to the PermitsPlus system. Ms. Smith explained that AccelaGIS will give staff direct access to view geographic representations of all land use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. It will also enable bi-directional data exchange between the County’s GIS database and the current permit tracking system. Motion made by Commissioner Wivell, seconded by Baker, to award the contract for the addition of the AccelaGIS system to Accela, Inc.in the amount of $51,952 plus travel time and expenses at an estimated amount of $3,620. The award is a sole source procurement based on Sections 1- Code of the Public Local Laws of 106.2(a)(1) and (2) of the Washington County . Unanimously approved. RECESS The Commissioners recessed at 3:57 p.m. EVENING SESSION - PUBLIC HEARING - PROPOSED FISCAL YEAR 2008 BUDGET AND CONSTANT YIELD TAX RATE The evening session of the Board of County Commissioners of Washington County, Maryland, was called to order in the Kepler Theater at Hagerstown Community College at 7:00 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. The public hearing was held to consider the proposed Fiscal Year 2008 budget for Washington County and to set the current property tax rate. Gregory Murray, County Administrator, announced that this public hearing is being held to permit the residents of Washington County to comment on the Commissioners’ intention to continue the property tax rate of $.948 per $100 of assessed full value for the Fiscal Year 2008 as Tax-Property Article required by Sections 2-205 and 6-308,, , Annotated Code of Marylandand to review the proposed Fiscal Year 2008 budget as advertised. Mr. Murray announced, in accordance with provisions of the Tax Property Article, that the Board of County Commissioners hope to adopt the tax rate for Fiscal Year 2008 on Tuesday, June 12, 2007, in the MAY 22, 2007 PAGE SIX Commissioners’ meeting room in the County Administration Building. Mr. Murray stated that comments may be sent to the Commissioners at 100 West Washington Street or via the Internet at www.washco-md.net. Mr. Murray stated that the overall increase for all funds is only 1.8% above the FY 2007 approved budget. He indicated that the proposed budget is a balanced budget that provides increased funding for emergency services, pay-go projects, operational funding for education and major capital projects. Mr. Murray reviewed the six-year capital school program. He also reviewed the projected revenues for fiscal year 2008 for property tax, income tax, excise tax, and other sources. Mr. Murray outlined the proposed General Fund budget of $196,219,250; the Capital Improvement Projects budget of $69,937,284; the Special Revenue Funds (Highway Funds - $9,615,960 and Solid Waste Fund - $9,567,910); the Transit Fund - $2,334,560; Airport Fund - $2,783,430; Golf Course Fund - $1,284,480; Utility Administration Fund - $3,528,850; Water Fund - $1,278,310; Sewer Fund - $10,793,140; Pretreatment Fund - $695,600; Foreign Trade Zone - $7,000; Agricultural Education Center Fund - $198,810; Community Partnership Fund - $278,220; and Inmate Welfare Fund - $548,940. He stated that the total proposed budget is $309,071,744. The hearing was then opened for public testimony. After all testimony was given, Commissioner Barr adjourned the hearing at 7:50 p.m. , County Administrator , County Attorney ___________________________, County Clerk