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HomeMy WebLinkAbout020423 April 23, 2002 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 16, 2002 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of April 16, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS The Commissioners discussed revising the by-laws of the Agricultural Education Center to allow proceeds from games of chance to be retained by non-profit organizations that schedule activities at the Center. They asked staff to draft revisions for their consideration. The Commissioners asked that the Emergency Services Director check to see if Williamsport Ambulance was still planning to use the facility for a fundraiser. Commissioner Iseminger stated that he attended the Weiss Brothers trade show, the Valencia Neighborhood Watch meeting, and the reception for the new president of Hagerstown Community College sponsored by F&M Bank. He also reported on the meetings of the Metropolitan Planning Organization and the Wellness Committee. Commissioner Wivell informed the Commissioners that he met with Judith Ferro regarding a fundraiser for the Smithsburg branch library. He stated that he presented a proclamation on behalf of the Multiple Sclerosis Society Walk-A-Thon. He also reported on the Board of Social Services meeting. Commissioner Schnebly reported a recent article was in the newspaper on the proposed purchase of the fuel farm at the Airport. Commissioner Swartz informed the Commissioners that he recently made a trip to Annapolis in an attempt to obtain grant funding for the Washington County Free Library under the “No Child Should be Left Behind” program. He asked that the Commissioners consider categorizing the Library in the County budget under “education” rather than “non-profits.” Commissioner Swartz stated that he attended the open house at Community Action Council and met with City of Hagerstown representatives regarding the water and sewer interconnection agreement. He also reported on the meetings of the Local Management Board and the Commission on Aging. Commissioner Snook stated that he attended the disaster drill at the Airport last Saturday. He informed the Commissioners that he would be serving on a League of Women Voters committee that is being formed to study the various forms of local government. Commissioner Snook stated that he received a letter from the director of the Museum of Fine Arts requesting that the Commissioners reconsider the reduction made to their budget. He stated that he received an invitation to the opening of a new library in Frederick County on May 3 and visited with the fourth grade class at Fountain Rock Elementary School to talk about government. Commissioner Snook reported on the meeting of the Foreign Trade Zone Committee. He reported that the Permits and Inspections Department is investigating complaints about noise at Paramount Feed Company. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, stated that he participated in the disaster drill held last Saturday. He reported on his conversation with officials from CSX Railroad regarding the complaints about railroad cars being parked near residential neighborhoods. Mr. Rohrer stated that they hope to have the Old Roxbury Road Bridge renovations finalized in the near future. The Commissioners discussed scheduling a ribbon cutting at the bridge and inviting historic groups to participate. APRIL 23, 2002 PAGE TWO Robert Arch, Director of Planning & Community Development, reminded the Commissioners that the next meeting of the Metropolitan Planning Organization is scheduled for May 15 and would be held in Charles Town, West Virginia. Mr. Arch stated that notifications were sent out last week regarding the distribution of the hotel rental tax proceeds. He reported that he has made preliminary revisions to the Program Open Space program and would be presenting them to the Recreation & Parks Board next week for their comments. Mr. Arch informed the Commissioners that three re-alignment projects are out for bid. PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK Commissioner Iseminger presented a proclamation to Jill Ritter, Victim/Witness Coordinator, Ken Long, State’s Attorney, and employees from the Victims’ Rights Unit of the State’s Attorney’s Office, designating the week of April 21–27, 2002, as National Crime Victims’ Rights Week and asking all citizens to join forces with victim service programs, criminal justice officials, and concerned citizens in this observance. Mr. Long thanked the Commissioners for the proclamation and commended his staff for their work with victims of crime. JUVENILE COURT VICTIM/WITNESS COORDINATOR GRANT M. Kenneth Long, Jr., State’s Attorney, asked the Commissioners for their authorization to seek third year funding for the Juvenile Court Victim/Witness Coordinator grant. He informed the Commissioners that the County is required to provide a 50% match for the third year and would be expected to fully fund the position after this year. Mr. Long stated that these funds have been factored into his budget request for FY 2003. The County’s share would be $19,149.76. He indicated that the position has been well received and that victims and witnesses have received substantial assistance from the Victim/Witness Coordinator. Motion made by Commissioner Iseminger, seconded by Schnebly, to authorize the State’s Attorney’s Office to seek third-year funding of the Juvenile Victim/Witness Coordinator grant through the Maryland Victims of Crimes Fund for FY 2003 and agreed to the required 50% local match of $19,149.76. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the State would begin the gypsy moth spraying program sometime in the next two weeks. He stated that he would schedule Joseph Kroboth, Emergency Services Director, and Phil Ridenour, Special Operations Administrator, on the agenda in the near future to report on the results of the disaster drill exercise that was held last week. REAPPOINTMENT – PLANNING COMMISSION Motion made by Commissioner Iseminger, seconded by Swartz, to reappoint Robert Ernst, II, to the Planning Commission for a five-year term. Unanimously approved. REAPPOINTMENTS – ANTIETAM BATTLEFIELD ADVISORY COMMITTEE Motion made by Commissioner Wivell, seconded by Swartz, to reappoint Jane Hershey, Suzanne Lushbaugh, and Nancy Kefauver to the Antietam Battlefield Advisory Committee for three-year terms. Unanimously approved. MOUNTAIN MARYLAND ENTREPRENEURIAL DEVELOPMENT CENTER Katie Thorn and Ted Higson, representatives of the Mountain Maryland Entrepreneurial Development Center (MMEDC), met with the Commissioners to familiarize them with the organization and its goals. Ms. Thorn explained that one program allows entrepreneurs to access a group of institutional or individual investors. She stated that the MMEDC offers educational support programs and a technical assistance partnership with a venture capital company through funds leveraged by the Small Business Administration. Mr. Higson stated that MMEDC works closely with Tri-County Council to utilize Appalachian Regional Commission funds. He also stated that the program could prove to be an incentive for companies to relocate to Western Maryland. They asked the Commissioners to provide support to help leverage additional funding. The meeting was then opened APRIL 23, 2002 PAGE THREE for questions. After discussion, the Commissioners requested additional information and took the request under consideration. INTERGOVERNMENTAL COOPERATIVE PURCHASE – HIGHWAY DEPARTMENT Karen Luther, Purchasing Agent, informed the Commissioners that the Water & Sewer Department would like to “piggyback” on a contract that was awarded by Montgomery County, Maryland, to Norris Ford of Baltimore, Maryland, to authorize the purchase of one (1) 4-wheel drive utility truck. She stated that Section 1- 106.3 of the Code of Public Local Laws granted authorization for the County to procure goods and services through contracts entered into by other governmental entities. The cost for the truck under this contract is $36,412. Rocky Bishop, of the Water & Sewer Department, provided details on the proposed use of the vehicle. Motion made by Commissioner Schnebly, seconded by Swartz, to approve the resolution to purchase one (1) 4-wheel drive utility truck by “piggybacking” onto a contract awarded by Montgomery County, Maryland to Norris Ford of Baltimore, Maryland for the price of $36,412. Unanimously approved. (A copy of the adopted resolution is attached.) THIRD QUARTER BUDGET ADJUSTMENTS – BOARD OF EDUCATION Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the following third quarter budget adjustments as requested by the Board of Education by decreasing the following categories: Revenue - $200,000; Administration – $9,120, Mid- Level Administration - $9,285, Instructional Salaries - $78,190, Other Instructional Costs - $73,210, Student Transportation - $54,735, Operation of Plant - $438,595, and Fixed Charges - $78,000, and to increase the following categories: Instructional Textbooks and Supplies - $112,540 and Maintenance of Plant - $428,595, for a total adjustment to the Fund Balance of $0. Unanimously approved. CITIZENS PARTICIPATION Pat Ebersole, secretary at Northern Middle School, asked the Board if she could borrow the Washington County flag and pole for a procession at the school recognizing their designation as a blue ribbon school. The Commissioners agreed to the request. FINAL BUDGET ADJUSTMENTS – DRAFT #5 The Commissioners conducted a budget workshop to review the draft of the Fiscal Year 2003 General Fund budget. Debra Bastian, Director of Finance, then reviewed the revisions that were made to balance the budget. She then presented a balanced budget of $127,992,897. Ms. Bastian informed the Commissioners that she recently received notification from the State Department of Assessments and Taxation that Allegheny Energy would be receiving an adjustment in category. This reclassification will reduce the County’s revenue by approximately $162,000. She stated that the budget would have to be adjusted due to the anticipated shortfall. Mr. Shoop reminded the Commissioners that settlement for the sale of property on Landis Road would be in FY 2003. The Commissioners increased the revenues for the sale of assets and real estate tax to balance the shortfall. Alan Davis, Director of Human Resources, summarized the new positions that were approved for next fiscal year. He stated that no reclassifications were approved in the General Fund budget and that only two were approved using enterprise funds. Mr. Davis also reviewed the status of the miscellaneous requests that were submitted. Mr. Shoop asked the Commissioners to re- evaluate their denial of the Airport’s request for a part-time Office Associate II. After discussion, it was the consensus of the Commissioners not to approve this position. Commissioner Snook asked the Commissioners to consider giving County employees New Year’s Eve as an additional holiday. After discussion, it was the consensus to approve the suggestion. Commissioner Iseminger asked the Commissioners to consider adding back the three percent cut to the non-profits. It was the consensus of the Commissioners not to amend the budget. APRIL 23, 2002 PAGE FOUR Motion made by Commissioner Wivell, seconded by Schnebly, to approve taking FY 03 budget of $133,724,646 to public hearing on May 7, 2002. Unanimously approved RECESS – LUNCH AND CONFERENCE ON CHILD ABUSE AND NEGLECT The Commissioners recessed at 11:27 a.m. in order to attend the Annual Conference on Child Abuse and Neglect luncheon at the Clarion Conference Center. AFTERNOON SESSION The afternoon session was called to order at 1:28 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. RECONSIDERATION OF TRANSITION POLICY BETWEEN THE PREVIOUS STORMWATER MANAGEMENT ORDINANCE AND THE CURRENT ORDINANCE ADOPTED IN JULY 2001 Terry McGee, Chief Engineer, and Gary Rohrer, Director of Public Works, met with the Commissioners to discuss the wording and application of the Transition Policy for the new Stormwater Management Ordinance. Mr. McGee provided background information on the revisions. He stated that the issue is the application of the Transition Policy, specifically the meaning of the word “project” as it relates to ongoing residential developments. The Engineering Department has applied “project” to mean each activity that requires a Grading Permit, and the Homebuilders Association has taken the position that “project” means the entire development regardless of when individual lots are built. Mr. McGee recommended that the policy be left in tact and that the Engineering Department continue to apply the new Stormwater Management Ordinance in accordance with State and Federal laws. The meeting was then opened for questions from the Commissioners. The Commissioners discussed requesting an amendment from the Maryland Department of the Environment (MDE) to include a two- year threshold for previously approved lots within a subdivision. They opened the meeting for comments from the developers who were in attendance. Debi Turpin, Director of the Homebuilders Association, stated that they interpreted “project” as the entire subdivision and asked that the County proceed using this interpretation until MDE approves the revision. The Commissioners asked the staff to submit a draft amendment to MDE for consideration that would allow previous stormwater management approvals to be valid until July 1, 2004. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Wivell, to convene in closed session at 2:37 p.m. to consider a proposal for a business or industrial organization to locate, expand, or remain in the State and the acquisition of real property for a public purpose, 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 Iseminger, seconded by Schnebly, to reconvene in open session at 3:58 p.m. Unanimously approved. In closed session, the Commissioners considered a proposal for a business or industrial organization to locate, expand, or remain in the State and the acquisition of real property for a public purpose. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Greg Murray, Director of the Water & Sewer Department; Gary Rohrer, Director of Public Works; and Rich Ellman, President of Spirit Services, Inc. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Swartz, to adjourn at 3:58 p.m. Unanimously approved. APRIL 23, 2002 PAGE FIVE , County Administrator , County Attorney ___________________________, County Clerk