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