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HomeMy WebLinkAbout021001 October 1, 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 – SEPTEMBER 23 & 24, 2002 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of September 23 and 24, 2002, as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Swartz reported on the meetings of the Wellness Committee and the Community Action Council. He informed the Commissioners that he presented a proclamation for “Stop Red Light Week” and met with a citizen regarding a complaint about Keadle Road. He also participated in the Washington County Teachers Association candidate interviews. Commissioner Schnebly stated that he was interviewed by Herald-Mail reporter Scott Butki. Commissioner Wivell stated that he met with the Retired School Administrators and the Associated Builders and Contractors. He reported on the meetings of the PenMar Development Corporation and the Water & Sewer Advisory Commission. Commissioner Wivell stated that he attended the Smithsburg Steam and Craft Show. He also reported that he met with representatives of several animal rescue groups regarding relations with the Humane Society. Commissioner Iseminger informed the Commissioners that he met with employees of the Highway Department to discuss the upcoming wage and classification study. He stated that he participated in the Retired School Administrators forum. He also attended the Associated Builders & Contractors meeting, the Smithsburg Steam and Craft Show, Halfway Neighborhood Watch, and a reception at Fort Frederick State Park. Commissioner Iseminger reported on Washington County Teachers Association interviews and the meeting with animal welfare groups. Commissioner Snook reminded the Commissioners that the ribbon-cutting ceremony for the First National Bank of Greencastle is scheduled for October 8. He stated that he received a fax from Ron Vitkun, owner of the Jellystone Campground, asking whether the Commissioners would give consideration to allowing campfires at private campgrounds. After discussion, the Commissioners took the request under consideration and agreed to get input from the Washington County Volunteer Fire & Rescue Association, Health Department, and Maryland Forest Service. PROCLAMATION – DOMESTIC VIOLENCE AWARENESS MONTH Commissioner Schnebly presented a proclamation to Vicki Sadehvandi, Executive Director of CASA - Citizens Assisting & Sheltering the Abused, Inc., and Beth O’Hare, representing the Family Violence Council, recognizing October 2002 as Domestic Violence Awareness Month in Washington County. He urged all citizens to become better informed about domestic violence. Ms. Sadehvandi thanked the Commissioners for the proclamation and informed them of activities that are scheduled in the community to help promote awareness of domestic violence. SEPTEMBER CITIZEN OF THE MONTH – SPENCE PERRY The Commissioners honored Spence Perry as the Citizen of the Month for September 2002. Commissioner Snook presented him with a certificate for his work with various volunteer organizations in the County. Mr. Perry serves on the Department of Social Services Board of Directors, the Department of Health Fatality Review Board, and the Board of Zoning Appeals. He also serves as President of the Washington County Museum of OCTOBER 1, 2002 PAGE TWO Fine Arts Board of Directors, as Vice-President of the United Way, and on the Board of Horizon Goodwill Industries, St. James School, and the Board of Education Management Review. Mr. Perry thanked the Commissioners for this honor and thanked his family for their support. PROCLAMATION – COMMUNITIES IN MOTION Commissioner Wivell presented a proclamation to Kevin Cerrone, Director of the Transportation Department, designating October 3, 2002, as Communities in Motion Day and encouraging all citizens to examine their personal travel choices, to commute via transit or share their ride, and to become more active in education and advocacy efforts to promote the role of public transit. Mr. Cerrone thanked the Commissioners for the proclamation and announced that the County Commuter would be opening the doors of all buses to the public for free rides from October 1 – 5. PRESENTATION OF CERTIFICATES OF MERIT – KEVIN CERRONE & CRAIG PENSINGER Commissioner Iseminger presented Certificates of Merit to Kevin Cerrone and Craig Pensinger in recognition for their Certified Community having received the designation of Transit Manager from the Community Transportation Association of America. The Commissioners congratulated both gentlemen for this accomplishment. SMALL URBAN AREA PUBLIC TRANSPORTATION OPERATING GRANT AGREEMENT Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the FY 2002 grant agreement for $490,250 in federal and state funds through the Maryland Transit Administration’s (MTA) Small Urban Area Public Transportation Operating Grant program to assist the County in providing transportation services under MTA’s public transportation program. Unanimously approved. PROJECTED FISCAL YEAR END RESULTS Debra Bastian, Director of Finance, and Mike Manspeaker, County’s auditor from Smith, Elliott, Kearns & Company, met with the Commissioners to discuss the projected fiscal year-end results and provide options to fund the Board of Education, cash reserves, and landfill capping costs. Ms. Bastian stated that preliminary estimates indicate that general fund net income would be $2,141,936. She stated that income tax revenues were under budget. Ms. Bastian provided options for discussion to appropriate surplus. The options would reduce debt in fiscal year 2003, fund cash reserves in accordance with policy, and consider the request for one-time funding by the Board of Education. Opened for questions and discussion. Ms. Bastian stated that although the current policy requires a 7% cash reserve, it would be prudent to set aside an additional reserve to offset anticipated state budget cuts that could be made at the county level. She also recommended that the reserve be based on the fiscal year 2004 projected base level. If an additional $500,000 were set aside in anticipation of state reductions, it would increase the reserve to 7.37% and 3.84 weeks. She recommended that the remaining funds be transferred to the capital improvement fund and dedicated to reduce debt for mandated capping at the Resh landfill site. The final item for discussion was the Board of Education’s request for one-time funding of $319,000. Ms. Bastian indicated that this would be recorded in FY 2003 due to state requirements. The Commissioners asked Ms. Bastian to make sure that these are considered one-time costs under the State guidelines. Ms. Bastian stated that Option 1 would be to increase cash reserves to the FY 2004 base of 7% ($255,000), reduce debt on capping at Resh Landfill ($1,566,000), and fund the one- time request of the Board of Education ($319,000). She indicated that Option 2 would include additional reserve for anticipated State budgetary reductions of $500,000 and reduce debt on capping by a like amount. Motion made by Commissioner Schnebly, seconded by Swartz, to accept Option 2: $755,000 in cash reserves, $1,066,000 to reduce debt on capping OCTOBER 1, 2002 PAGE THREE at Resh landfill, and fund one-time request of Board of Education of $319,000 if these requests qualify as one-time expenditures, in order to reduce debt in FY 2003. Unanimously approved. ADOPTION OF THE 2002 NATIONAL ELECTRICAL CODE Motion made by Commissioner Iseminger, seconded by Swartz, to repeal the 1999 National Electrical Code adopted on March 27, 2001, and enact the 2002 national Electrical Code with local amendments to become effective October 1, 2002. Unanimously approved. CITIZENS PARTICIPATION Jim Laird, representing Citizens for the Protection of Washington County, made suggestions to the Board for filling a vacancy on the Planning Commission. Benjamin Chlebnikow expressed his concerns on the safety of the new handicapped Habitat for Humanity home being constructed on York Road. The Commissioners asked him to meet with the Director of Public Works who has investigated the situation. Ron Vitkun, owner of Yogi Bear Jellystone Resort, requested an exemption from the current fire ban to allow campfires if contained in fire rings in private campgrounds. Commissioner Snook informed Mr. Vitkun that it had been discussed earlier in the session and that the Commissioners decided to request comments on the request from the Health Department, the Volunteer Fire & Rescue Association, and the Maryland Forest Service. Mr. Vitkun asked the Commissioners to compare the County ban with the restrictions of Pennsylvania’s statewide fire ban and that of Frederick County. Barbara Hovermill asked Commissioners Snook and Wivell for their stance on the proposed moratorium. Commissioner Snook stated that he wants to hear comments at the public hearing before deciding on a moratorium. Commissioner Wivell stated that he is willing to consider imposing a moratorium if it is based on drought conditions and revisions to the Adequate Public Facilities Ordinance. He stated that he needs to consider all of the facts presented. COUNTY ADMINISTRATOR’S COMMENTS Gary Rohrer, Director of Public Works, provided a report on the recent Tire Amnesty Day. He stated that it was very successful and ran smoothly. BUDGET TRANSFER REQUEST – INMATE WELFARE FUND Motion made by Commissioner Iseminger, seconded by Swartz, to approve the request to transfer $30,000 from the General Fund to a separate fund called the Inmate Welfare Fund as mandated by Senate Bill 271 to be under the control of the Finance Officer, and to use unbudgeted interest income from the Airport to cover the General Fund loss. Unanimously approved. th 140 ANTIETAM REENACTMENT SUMMARY Robert Arch, Director of Planning and Community Development, and Dennis Frye, Chairman of the Reenactment Committee, provided a summary of the activities, attendance, and estimated revenues and expenditures for the th 140 Antietam reenactment. Mr. Arch thanked the Board for their support. He stated that there were an estimated 10,000 visitors on September 13 and 35,000-40,000 on September 14. Mr. Arch indicated that only 5,000 were in attendance on September 15 due to weather concerns. Mr. Frye provided feedback from the reenactors about the event. Mr. Arch estimated that it cost $825,000 to hold the event plus in-kind donations. He requested an additional allocation of $50,000 in hotel rental tax funds to pay the invoices from the Sheriff’s Department and the volunteer fire services that were initially earmarked for economic development. Mr. Arch stated that there are still outstanding items, and that he should have a better estimate in two weeks. He stated that the County would be reimbursed if the revenues were higher than expected. After discussion, the Commissioners took the request under consideration until the final expenditures/revenues are known. OCTOBER 1, 2002 PAGE FOUR CONTRACT AWARD - #2 HEATING FUEL Motion made by Commissioner Schnebly, seconded by Iseminger, to piggyback the Board of Education’s bids for #2 heating fuel and award the County’s contract as follows: Tankwagon – Griffith Energy Services, Inc. – bidder factor of +$.0995; Transport loads – Petroleum Traders, Inc. with a bidder factor of +$.0264. Unanimously approved. CONTRACT AWARD – AUTOMATED ION ANALYZER Motion made by Commissioner Wivell, seconded by Iseminger, to award the contract for purchase of an automated ion analyzer to Lachat Instruments – Hach Company, which submitted the lowest responsive, responsible bid of $55,160. Unanimously approved. RECESS – LUNCHEON AT MARTY SNOOK PARK AND DEDICATION OF BOUNDLESS PLAYGROUND The Commissioners recessed at 11:31 a.m. in order to attend a luncheon at Marty Snook Park. The Commissioners presented a proclamation to Linn Hendershot, Chairman of Many Individuals Helping Individuals (MIHI), designating the month of October as Disabilities Awareness Month and dedicating the Boundless Playground as the first of many activities scheduled for the month. AFTERNOON SESSION The afternoon session was called to order at 1:16 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. ADOPTION OF MORATORIUM ORDINANCE The Commissioners discussed the possibility of adopting an ordinance imposing a moratorium on new major residential subdivisions outside the urban and town growth areas. Robert Arch, Director of Planning & Community Development, reviewed information on plans submitted over the last two years and the increase in the number of developments in rural areas. At this time, the Commissioners discussed the options proposed. Laurie Bucher, Director of the Environmental Health Division of the Health Department, reported that the State agency responsible for assessing drought conditions and the status of each county would be reviewing Washington County separately from the other Western Maryland counties. She stated that she would be able to provide more detailed information on the drought situation in the spring of 2003. Richard Douglas, County Attorney, reviewed a proposed draft moratorium ordinance to delay new major developments (6 or more lots) outside the growth areas pending implementation of the revised Comprehensive Plan that was adopted on August 27, 2002. The moratorium would be in effect for one year. He suggested that it be reviewed in six months. Mr. Douglas stated that the primary areas of emphasis are to prevent urban sprawl, preserve the agricultural industry and agricultural land in the County, and to relieve the strain on groundwater created by the drought. After discussion, the Commissioners agreed to schedule a public hearing on the ordinance for October 17. They agreed that the ordinance would be effective for a one-year period and would be reviewed again in six months. Motion made by Commissioner Swartz, seconded by Iseminger, to schedule a public hearing regarding the proposed moratorium. Unanimously approved. DEPARTMENT OF EMERGENCY SERVICES – ONE YEAR UPDATE Joe Kroboth, Director of Emergency Services, provided a one-year update of activities in his department over the past 12 months. Mr. Kroboth reviewed the reorganization of emergency services, provided an overview of the general results and organizational changes that have taken place, and identified specific accomplishments. He outlined the accomplishments of the department and provided information on current projects. Mr. Kroboth stated that he has staffing problems and asked the Commissioners to consider converting a part-time OCTOBER 1, 2002 PAGE FIVE position to a fourth supervisory position using savings from unfilled positions. Mr. Kroboth stated that $5.7 million in government funding is provided to fire and rescue services in Washington County. He also outlined some projects that he hopes to accomplish in the future. Commissioner Snook thanked Mr. Kroboth for the update and stated that the Board has the utmost respect for the Emergency Services Department. Motion made by Commissioner Swartz, seconded by Iseminger, to approve the request of the Emergency Services Director to create a fourth full-time supervisory position in the Emergency Services Department, to be funded through savings in that budget. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 2:40 p.m. to discuss personnel matters, consult with staff about pending or potential litigation, 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 Schnebly, seconded by Iseminger, to reconvene in open session at 11:30 a.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with staff about one (1) matter of pending or potential litigation, and consulted with counsel to obtain legal advice on three (3) matters. 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; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Julie Nichols, Executive Administrative Office Assistant; Greg Murray, Director of the Water & Sewer Department; Joseph Kroboth, Emergency Services Director; PenMar Development Corporation members Brett Wilson, Wayne Alter, Ed Beck, Eileen Kerslake, and Richard Rook. (Commissioner Wivell was excused from the meeting at 5:00 p.m.) APPROVE APPOINTMENT OF EXECUTIVE DIRECTOR FOR PENMAR DEVELOPMENT CORPORATION Motion made by Commissioner Iseminger, seconded by Swartz, to approve the appointment by the PenMar Development Corporation of Richard Rook as Executive Director of the PenMar Development Corporation. Motion carried with Commissioners Iseminger, Swartz, and Snook voting “AYE” and Commissioner Schnebly voting “NO.” ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Schnebly, to adjourn at 5:12 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk