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HomeMy WebLinkAbout070612 June 11, 2007 Hagerstown, MD 21740 JOINT PUBLIC HEARING – REZONING CASES RZ-07-003 A joint public hearing of the Board of County Commissioners of Washington County, Maryland and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning Map Amendment RZ-07-003. Presiding at the hearing were County Commissioners President John F. Barr and Planning Commission Chair George Anikis. Also present at the hearing were County Commissioners Kristin B. Aleshire, Terry L. Baker, James F. Kercheval and William J. Wivell, and Planning Commission members Linda Parrish, Terry Reiber, Bernie Moser, and Clint Wiley. The public hearing was adjourned at 9:10 p.m. __________________________, County Administrator , County Attorney , Clerk June 12, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:40 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. (Commissioner Kercheval arrived at 8:45) APPROVAL OF MINUTES – MAY 22 AND JUNE 5, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of June 5, 2007, as amended. Unanimously approved. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of May 22, 2007. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Cindy Mowen, Acting Human Resources Administrator, introduced new County employee Kenneth Showe (Water Quality Department). The Commissioners welcomed Mr. Showe and wished him well in his new position. COMMISSIONERS REPORTS AND COMMENTS Commissioner Wivell reported on the PenMar Development Corporation meeting. He also asked to review a copy of the City of Hagerstown’s Cost of Service study that provides back-up for the increases proposed in its water service fees. Greg Murray, County Administrator, informed him that he had requested a copy and agreed to check on the status of the report. Commissioner Kercheval reported on the Metropolitan Planning Commission (MPO) meeting. He stated that he met with a citizens’ group to discuss the Excise Tax Task Force. ADOPTION OF PROPOSED FY 2008 BUDGET The Commissioners discussed the proposed fiscal year 2008 budget and the testimony given at the public hearing on May 22, 2007. Greg Murray, County Administrator, reviewed a list of outstanding budget issues to be determined before the budget is adopted. Issues include funding requests for the following organizations: Senior Living Alternatives/Holly House ($30,000), Maryland Theatre ($20,000 for ADA issues) and Discovery Station (new exhibit - $25,000). The meeting was JUNE 12, 2007 PAGE TWO opened for discussion. Commissioner Aleshire expressed concerns regarding the requests for increases in funding to non-profit organizations when other projects are not being funded. The Commissioners discussed using the remaining funds in the FY 2007 Commissioners’ Contingency Fund for Discovery Station’s request, as an alternative to funding it through the FY 2008 budget. Commissioner Kercheval stated that he has had discussions with Discovery Station’s board members and feels that their business plan should be amended and other lease options considered. Motion made by Commissioner Kercheval, seconded by Baker, to provide $20,000 from the FY 2007 Commissioners’ Contingency Fund for Discovery Station’s new exhibit. After discussion, the motion carried with Commissioners Kercheval, Baker, and Barr voting “AYE” and Commissioners Aleshire and Wivell voting “NO.” After discussion, the Commissioners declined to provide additional funding for the Maryland Theatre. The Commissioners then reviewed the request made by Senior Living Alternatives (Holly Place) to restore the $1,430 that was cut from their initial funding request for FY 2008. It was the consensus to replace this amount for total funding of $25,000. The Commissioners began review of the options for the $7.8 million in paygo funds that has not been decided to date. Debbie Murray, Director of Finance, stated that the Commissioners could defer discussions until after the budget is adopted, set aside a specific amount to reduce borrowing, restrict funds for increased project costs, provide additional funding for the overlay program, and/or provide additional funding for Board of Education maintenance/systemic projects or other projects such as the Fountain Rock cafeteria or Antietam Academy. Joe Kroboth, Director of Public Works, spoke on behalf of including additional funding for pavement maintenance projects on rural roads. At this time, each Commissioner outlined their proposal for projects for the $7.8 million in funding. The Commissioners discontinued budget discussions in order to address scheduled agenda items and agreed to continue discussions later in the session. CERTIFICATE OF MERIT – DARLENE CROWLEY Commissioner Barr presented a Certificate of Merit to Darlene Crowley, Grants Analyst in the Department of Budget and Finance, in recognition of having received her Associate of Applied Science (AAS) Degree from Hagerstown Community College. The Commissioners congratulated Ms. Crowley on this achievement. LANDMARK EQUIPMENT EXCISE TAX Gregory Murray, County Administrator, informed the Commissioners that Landmark Equipment has requested an extension of the time frame outlined in a letter to Landmark from the previous Board of County Commissioners regarding excise tax. Mr. Murray explained that the previous Board reviewed Landmark’s financial data and agreed to exempt 85% of the excise tax on the new nonresidential buildings as 85% of Landmark’s revenue was generated by agricultural sales and repair work. Mr. Murray stated that the Commissioners also agreed to refund to Landmark any difference in the excise tax should a review take place and lower rates be established before June 30, 2007. Landmark is requesting that the time frame outlined in the letter from the County Commissioners be extended since the Commissioners are in the process of appointing a task force to review the Excise Tax. The meeting was opened for questions and discussion. Commissioner Aleshire indicated that he doesn’t believe the initial exemption should have been provided to Landmark without additional regulations being formally adopted by the Commissioners. He suggested that the County Attorney look at whether the initial waiver granted was in compliance with the ordinance and indicated that he does not support the requested extension. Commissioner Wivell recommended that the Commissioners defer any decision until they receive feedback from the task force. JUNE 12, 2007 PAGE THREE David Quirple, President of Landmark Equipment, stated that the rate for warehouse/distribution is too high for storage facilities and it is difficult for Landmark to recoup its costs. After discussion, it was the consensus of the Commissioners to not take any action until the County Attorney has had an opportunity to review the legal issues relating to Landmark’s request to extend the time frame beyond June 30, 2007. CITIZENS’ PARTICIPATION Adam Lewis spoke on behalf of funding for construction of a cafeteria at Fountain Rock Elementary School. Others in attendance who spoke in support of the project were Katherine Desarno, Matthew Hamilton, Melissa and Katie Adelsberger, Melissa Hudson, Nioga Mills, and Tracey Bowman. John Himes addressed the Commissioners regarding a variety of concerns including trash dumped along Keep Tryst Road and the need for a traffic signal at the intersection of Keep Tryst Road and Valley Road. He invited the Commissioners to tour the area. Daniel Moeller spoke about the voluntary deferred compensation programs utilized by the Board of County Commissioners and County government and stated that he feels additional vendors should be used so that employees have more choices. CHANGE ORDERS – COURT HOUSE RENOVATION PROJECT Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the following change orders for the Court House Renovation Project: 1) Development Facilitators, Inc. in the amount of $191,809.97 for quality control inspection and 2) Bushey Feight Morin Architects in the amount of $70,327.84 for architectural inspection services with funds to be taken from budgeted funds for the project. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Mr. Murray informed the Commissioners that the State of Maryland has awarded a grant in the amount of $1,755,000 to Washington County for the Environmental Nutrient Removal (ENR) project and several small sewer projects. Comment \[VCL1\]: Does this next item belong here? Without intro? Motion made by Commissioner Kercheval, seconded by Baker, to approve a change order of $120,000 for the Halfway Area Rehabilitation Project for the rehab of sewer lines in that area and to approve a request for $32,000 to retrofit the water tower site in Williamsport to obtain wireless communication for broadband access under GSA contract. Unanimously approved. REPORTS FROM COUNTY STAFF Debbie Peyton, Insurance Administrator, informed the Commissioners that the Human Resources staff concluded 22 open enrollment meetings for the changeover in insurances, which included reviews of new Information Technologies policies and procedures, and HIPPA training. Ms. Peyton stated that she is also in negotiations with AARP for a supplemental plan for retirees over 65. Joe Kroboth, Director of Public Works, informed the Commissioners that a recent transfer to the Water Quality Department created a vacancy in the Engineering Department for a Civil Engineer. He requested permission to advertise to fill this position. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the request to authorize advertising to fill the Civil Engineer vacancy in the Engineering Department. Unanimously approved. BID AWARD – FY 2008 PAVEMENT MAINTENANCE CONTRACT Motion made by Commissioner Kercheval, seconded by Baker, to award the contract for the FY 2008 pavement maintenance program to C. William Hetzer, Inc., which submitted the lowest responsive, responsible bid of $3,251,823.05. Unanimously approved. JUNE 12, 2007 PAGE FOUR RECESS – LUNCHEON AND GRAND OPENING CEREMONY – DESERT MOON CAFE The Commissioners recessed at 11:59 a.m. in order to attend a luncheon and the grand opening of the new Desert Moon Café at the Valley Mall. AFTERNOON SESSION The afternoon session was called to order at 1:20 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. BUDGET DELIBERATIONS – CONTINUED The Commissioners continued their deliberations on how to appropriate the $7.8 million in paygo funds that have not designated to a specific project. The Commissioners discussed each of the options outlined in the morning session. Commissioners Kercheval and Barr stated that they feel very strongly that borrowing should not be reduced in order to address the list of maintenance and systemic issues that have been ignored for too long. Commissioner Wivell supported using the majority of these funds to reduce borrowing. After discussion, it was the consensus of the Commissioners to compromise and budget the $7.8 million as follows: $1 million deferred/restricted CIP projects; $1 million to reduce FY 2008 proposed borrowing; $1,750,000 for transportation projects (Edgewood Drive/Route 40, Maugans Avenue, etc.); $450,000 - Phase I Fountain Rock Elementary School cafeteria; $1,650,000 – Board of Education school systemic/maintenance projects; and $2 million - additional roads overlay. The Commissioners discussed the Central Booking Facility project. Mr. Murray stated that they are at the point where design construction funds would be allocated in FY 2008 and 2009, and they have to insure that they are willing to commit funds for operations and staffing. Debra Murray, Director of Finance, informed the Commissioners that this item is on the agenda to be discussed with the City of Hagerstown at the joint meeting next week. The Commissioners discussed whether the City has agreed to provide capital/operating costs for the project. Commissioner Wivell stated that he thought the City has committed capital funds from past discussions but has not agreed on operating funding. The Commissioners discussed personnel issues brought to their attention by the County Administrator. Mr. Murray recommended a one-grade increase for the Gaming Director and a classification change from Recreation Program Manager to Recreation Programs Director in order to temporarily bring equity to these positions. After discussion, it was the consensus to increase the Gaming Director by one grade and agree to a classification change for the Recreation Program Manager to Recreation Programs Director, pending the overall position review. It was also the consensus of the Commissioners to support an Agricultural Marketing Specialist position and to move the current part-time Office Associate position to full time to support the Agricultural Marketing position. Motion made by Commissioner Kercheval, seconded by Baker, to approve the Fiscal Year 2008 budget, as amended, in the following amounts: General Fund budget of $195,919,250; the Capital Improvement Projects budget of $67,373,134; 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 - $229,690; Community Partnership Fund - $278,220; and Inmate Welfare Fund - $548,940 for a total budget of $306,238,474; to maintain the current property tax rate of $.948 per $100 of full-assessed value and the interest rate of 1.3% for service charges associated with semi-annual property tax payments, and to discontinue the discounted personal property rate that is not supported by the County Treasurer’s software system. Motion carried with Commissioners Kercheval, Baker, and Barr voting “AYE” and Commissioner Aleshire and Wivell voting “NO.” JUNE 12, 2007 PAGE FIVE MEMORANDUM OF UNDERSTANDING WITH STATE HIGHWAY ADMINISTRATION AND CITY OF HAGERSTOWN – CONSTRUCTION OF U.S.40/EDGEWOOD DRIVE Gary Rohrer, Director of Special Projects, met with the Commissioners to review the Memorandum of Understanding (MOU) for the reconstruction of the intersection at U.S. 40/Edgewood Drive with the State Highway Administration (SHA). Mr. Rohrer stated that SHA has developed two MOUs, one for the joint project with the City for the intersection proper and another between the SHA and County for reconstruction of Edgewood Drive from the City line to Mt. Aetna Road. He noted that both agreements cover the acquisition of rights-of-way, utility costs, construction, construction inspection, and administration. He expressed concerns regarding the markups included for contingencies, overhead, and administrative costs. He stated that the estimate for the project has risen from $12 million to $16.4 million due to the rise in paving, excavation requirements, and other raw materials. Mr. Rohrer explained that the recent changes proposed by staff have lowered estimates in some areas to approximately $14.4 million. He noted other factors that would increase the cost. The meeting was opened for discussion and questions. Commissioner Aleshire expressed concerns with the MOU and questioned the percentages contained in the agreement. Mr. Rohrer explained that SHA is proposing that the increased costs be shared proportionally with the two local governments. Joe Kroboth, Director of Public Works, stated that he feels the County should attempt to negotiate with SHA in that a local government should not be responsible for the overhead costs associated with an interchange in their jurisdiction. He noted that the County is performing several major projects at SHA intersections and they have not contributed anything towards those projects. He cited the Maugans Avenue/I-81 project and improvements at Pennsylvania Avenue (Route 11). The Commissioners asked Mr. Rohrer to schedule a meeting with SHA to resolve the outstanding issues. Mr. Rohrer agreed to make the proposed changes to the County’s MOU for the Commissioners to see if it is acceptable. He indicated that he would work with Rodney Tissue, City Engineer, on the joint agreement. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 2:56 p.m. to discuss the appointment, employment, or assignment of appointees, employees or officials over whom it has 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; consider the acquisition of real property for a public purpose and matters directly related thereto; and consult with counsel to obtain legal advice, 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 Wivell, seconded by Aleshire, to reconvene in open session at 3:50 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, or assignment of appointees, employees or officials over whom it has jurisdiction; discussed a personnel matter that affects one or more specific individuals; considered matters that concern the proposal for a business or industrial organization to locate, expand, or remain in the state; considered the acquisition of real property for a public purpose and matters directly related thereto; and consulted with counsel to obtain legal advice. 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; Joni Bittner, County Clerk; Timothy Troxell, Executive Director of the Economic Development Commission; and Michael Thompson, Director of Planning & Community Development. JUNE 12, 2007 PAGE SIX ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn at 3:50 p.m. in order to tour Conservit, a local scrap metal recycling company. Unanimously approved. , County Administrator ____ , County Attorney ___________________________, County Clerk