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HomeMy WebLinkAbout021112 November 12, 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. Also present were Commissioners-elect James F. Kercheval, John C. Munson, and Doris J. Nipps. 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 – OCTOBER 29, 2002 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of October 29, 2002, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS The Commissioners discussed the State funds appropriated for the purchase and demolition of the former McCrory’s building on West Washington Street as an open space area for the University System of Maryland campus adjacent to the location. They asked the County Administrator to ensure that the City of Hagerstown would jointly participate with them to fund the remaining project costs. Commissioner Iseminger stated that he attended the State of Education forum that was sponsored by the Chamber of Commerce. He reported that he met with Williamsport Ambulance personnel regarding emergency services issues. Commissioner Iseminger informed the Commissioners that he participated in the Kids Voting parade at Maugansville Elementary School, the Alsatia Club Mummers Parade, and the church service at Emmanuel Baptist Church. He reported on the meetings of the Advisory Commission to the Board of Health and the Planning Commission. Commissioner Wivell stated that he participated in the Kids Voting Parade at Maugansville Elementary School and the Alsatia Club Mummers Parade. He also attended the Veterans’ Day Ceremony at Marty Snook Park and the public hearing at North Hagerstown High School regarding the proposed athletic complex. Commissioner Schnebly stated that he also participated in the Alsatia Club’s Mummers parade. Commissioner Swartz informed the Commissioners that he participated in the Kids Voting Parade, Alsatia Club Mummers Parade, and the church service at Emmanuel Baptist Temple. He reported on the Commission on Aging meeting and stated that they asked him to remain on the Board as an ex-officio member. Commissioner Swartz stated that he would be attending the “Maryland, You Are Beautiful” reception in Annapolis tomorrow night. He also made a recommendation that funds be taken from the County’s cash reserves toward a scholarship at Hagerstown Community College. He suggested that the Commissioners challenge local businesses to contribute toward a full scholarship. Commissioner Snook reported on the Chamber of Commerce board meeting. He stated that he met with representatives of the Girls’ Softball League who have requested that the County assist in the construction of restrooms and a concession stand at the softball fields at Kemps Mill. Commissioner Snook stated that he attended the public hearing at North Hagerstown High School. He reminded the Commissioners that the Highway Department’s Christmas party will be held on December 7. The Commissioners also discussed a request that County Commuter buses go into the Francis Murphy elderly housing complex since the residents have difficulty walking to the nearest bus stop. The Commissioners agreed to discuss this with Kevin Cerrone, Transportation Director. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, informed the Commissioners that he spoke to the Hagerstown Kiwanis Club last week. He commended dispatcher Bill King who provided telephone instruction to a father who NOVEMBER 12, 2002 PAGE TWO delivered his wife’s baby at home. Mr. Kroboth informed the Commissioners that the State Emergency Numbers Board held its inspection of the 911 center last week and they received a good report with several recommendations. He stated that the Governor’s Flood Mitigation Task Force would be meeting in Frostburg this week. Gary Rohrer, Director of Public Works, stated that he attended the American Public Works Association board meeting last week. He informed the Commissioners that the County’s bridge inspection program received rave reviews from the Federal Highway Administration and State Highway Administration. Mr. Rohrer stated that the Engineering Department is meeting with the Maryland Department of the Environment regarding the stormwater management program. He reported that Cell #2 at the landfill is a week ahead of schedule. He also reported that the Solid Waste Department staff is working with the Planning Department in scheduling public meetings on the update of the Solid Waste Management Plan. Alan Davis, Human Resources Director, stated that he met with Union representatives last week. He stated that Brian Overcash, Safety Administrator, is in the process of teaching the annual CPR and AED classes. Mr. Davis informed the Commissioners that representatives of the Economic Development Commission (EDC) participated in the interviews conducted for the position of EDC Director. He stated that he met with representatives of Nationwide Retirement Solutions regarding new programs being offered to County employees. Mr. Davis indicated the Local Management Board would be meeting on Friday and Greater Hagerstown’s Consolidation Task Force subcommittee is scheduled to meet on November 14. Debra Bastian, Director of Finance, thanked her staff for implementing the new government accounting GASB 34 regulations. She stated that they implemented the changes in house with no additional cost to the County. Ms. Bastian indicated that she hopes to save $10,000 by doing the Official Statement for bond issue in house as well. She informed the Commissioners that interest income is not doing well. Ms. Bastian stated that she should know the first income tax distribution amounts for the new fiscal year with the next few weeks. She stated that she hopes to present several options to reduce borrowing on the approved bond issue amount to the Commissioners in the next few weeks. Robert Arch, Director of Planning & Community Development, stated that the Recreation & Parks Board heard presentations from municipalities last week on their requests for Program Open Space (POS) funding. Mr. Arch provided an update on the road alignment studies being done by the Metropolitan Planning Organization. He stated stadium project at North High is not a good candidate for POS funds. Mr. Arch informed the Commissioners that there would be a special meeting of the Planning Commission next week. He asked the Commissioners to th consider paying two two invoices from the 140 Re-enactment of the Battle of Antietam – one for the overtime costs of the Sheriff’s Department ($17,380) and one for mulch ($6,569). The Board took the request under consideration and asked Mr. Arch to provide a more detailed presentation of the expenses incurred. PRESENTATION OF AUDITED FINANCIAL STATEMENTS – FISCAL YEAR 2002 Mike Manspeaker, representing Smith Elliott Kearns & Company, appeared before the Commissioners to present the County's Fiscal Year 2002 audit report. Mr. Manspeaker also reviewed the changes that occurred in the audit presentation due to the new GASB 34 regulations. Debra Bastian, Director of Finance, stated that she and her staff developed the implementation plan to deal with the new regulations. Mr. Manspeaker stated that the full accrual accounting basis was used in the GASB statement on governmental funds and is significantly different from the way in which it has been presented in the past. He also stated that it includes depreciation of the County’s assets. Mr. Manspeaker provided an explanation of the different funds, component units, notes to the financial statement, and the supplemental information included in the audit. NOVEMBER 12, 2002 PAGE THREE Mr. Manspeaker reported that the County has a “clean” unqualified financial report again this year. He then provided a detailed review of the audit report, including the General Fund, Highway Fund and Capital Improvements Projects. Mr. Manspeaker stated that the General Fund ended with an excess of $3.6 million in revenues over expenditures. The Commissioners thanked Mr. Manspeaker for his presentation, and the Finance Department staff for their efforts. UNITED WAY/COMMUNITY HEALTH CHARITIES INCENTIVE DRAWING Tina Ruppert, Brian Overcash, and Julie Nichols, co-chairs of the County’s 2002 United Way campaign, met with the Board to provide a summary of the fund drive. Ms. Ruppert informed them that the fund drive officially ended November 8 and that the pledges totaled $39,472. She stated that this is 16% above the goal set for 2002. Ms. Ruppert stated that the added incentive of drawings for two $300 gift certificates contributed to the success of the campaign. She also recognized the Sheriff’s Department, which had an 80% participation rate. Commissioner Swartz and Schnebly then drew names to determine the winners of the gift certificates. Robert Ankorbrand from the Sheriff’s Department and Janet Moats from the Airport were the winners of the gift certificates. PUBLIC HEARING – AMENDMENTS TO ADEQUATE PUBLIC FACILITIES ORDINANCE The Commissioners held a public hearing at 10:10 a.m. to permit any resident to appear and testify concerning the proposed adoption of an ordinance entitled “An Ordinance to Amend Certain Provisions of the Adequate Public Facilities Ordinance.” Also present were Planning Commission members Paula Lampton, Ben Clopper, and George Anikis. Robert Arch, Director of Planning & Community Development, stated that the proposed amendments to the Ordinance consist of two amendments to Article V – Schools. He explained that the first amendment would delete the exemption from adequacy testing for single and two-family dwellings within designated growth areas. The second amendment would change the baseline data upon which school capacity is tested from school enrollment figures in June and December to the most current month that the school district has provided data to the Washington County Department of Planning & Community Development. The meeting was then opened for public comment. There was no one present who wished to comment. Commissioner Snook stated that the record would be held open for ten (10) days in order to allow additional comments to be submitted in writing. The public hearing was adjourned at 10:18 a.m. JOB CREATION TAX CREDIT ORDINANCE The Commissioners considered adopting an ordinance to provide tax credits for businesses creating jobs in Washington County, and a resolution setting forth exclusions from the coverage of the ordinance. Richard Douglas, County Attorney, stated that Md. Code, Tax-Property Article 9-230 provides that the County Commissioners have the authority to adopt an ordinance granting tax credits to businesses that create jobs. Tim Troxell, Acting Director of the Economic Development Commission, stated that if the Ordinance were adopted, it would provide credits against county property taxes for creation of jobs in the county under certain circumstances. The ordinance would also provide qualifications for such tax credits. Mr. Douglas explained that the resolution that accompanies the ordinance also provides for certain exclusions from the coverage of the ordinance by type of business entity, type of position, and geographic area. The meeting was then opened for discussion and questions. The Commissioners agreed to amend the Ordinance to make it applicable only to businesses locating in priority funding areas and designated growth areas. Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt an Ordinance to Provide Tax Credits for Businesses Creating Jobs in Washington County, and adopt a Resolution setting forth exclusions from the coverage of the Ordinance, as amended to make it applicable only to businesses locating in priority funding areas and designated growth areas. Unanimously approved. (A copy of the approved Ordinance and Resolution is attached.) NOVEMBER 12, 2002 PAGE FOUR CITIZENS PARTICIPATION Laura Parrish, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 17-18, 2003 and asked that the County support the event by providing law enforcement, insurance coverage, and a small amount of copy services and postage. Motion made by Commissioner Wivell, seconded by Iseminger, to approve funding from the Commissioners’ Contingency Fund to pay for overtime for Sheriff’s deputies for the National Pike Festival on May 17-18, 2003. Unanimously approved. Don Spickler thanked the outgoing Commissioners for their commitment to the County and for their professionalism. Wayne Lafferty spoke in support of the implementation of impact fees. Jim Laird commended the Commissioners on the adoption of the Ordinance to Provide Tax Credits for businesses creating jobs in Washington County. RURAL LEGACY GRANT AGREEMENT Motion made by Commissioner Iseminger, seconded by Swartz, to approve the grant agreement with the State of Maryland for $1.8 million in Rural Legacy funds for Cycle 5. Unanimously approved. COUNTY COMMUTER – CAPITAL GRANT AGREEMENT Motion made by Commissioner Schnebly, seconded by Iseminger to approve the following three grant agreements for the County Commuter: 1) A FY 2003 Section 5307 Capital Grant Agreement in the amount of $65,165 from the Federal Transit Administration and Maryland Transit Administration for the purchase of office equipment, facility repairs, miscellaneous shop equipment, and an engine rebuild. The County share would be $6,517. 2) FY 2003 Maryland Comprehensive Transit Plan (Capital Assistance Grant) for $42,500 from the Maryland Transit Administration to repair/rebuild vehicle engines/transmissions under the Capital Maintenance Project. Washington County’s cost would be $4,250. 3) To approve the submittal of the grant application for FY 2004 to the Maryland Transit Administration for operating assistance and capital improvements. Unanimously approved. The Commissioners discussed the request to have the County Commuter serve the Francis Murphy assisted-living apartments. Mr. Cerrone agreed to try it for one month to determine if there is adequate ridership. BUDGET TRANSFER REQUEST Motion made by Commissioner Schnebly, seconded by Swartz, to approve a budget increase of $86,000 from a State FY 2003 grant to the Planning & Community Development Department to pay for the Civil War Heritage Area management plan. Unanimously approved. BUDGET TRANSFER – DOMESTIC PREPAREDNESS GRANT Motion made by Commissioner Swartz, seconded by Iseminger, to approve a grant in the amount of $159,211 from the Federal Office of Justice Programs for Domestic Preparedness to be used for equipment to improve the capability of emergency services. Unanimously approved. RE/APPOINTMENTS – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Iseminger, seconded by Schnebly, to reappoint Chris Amos, Leonard Heller, Gail “Cookie” McDowell, and William Shawley to the Fire & Rescue Communications Advisory Board for three-year terms, contingent upon their acceptance of the appointment, and to appoint Stoyan Russell, Jon Gift, Dane Grove, and Terry Gearhart for three-year terms. Unanimously approved. VOLUNTEER FIRE COMPANY OF HALFWAY – RESOLUTION RELATING TO THE PROPOSED ISSUANCE OF TAX-EXEMPT OBLIGATIONS Motion made by Commissioner Wivell, seconded by Swartz, to grant approval to the Volunteer Fire Company of Halfway Maryland, Inc. to issue and sell one or more series of its obligations for the purpose of refinancing the NOVEMBER 12, 2002 PAGE FIVE costs of the acquisition, construction, reconstruction, or improvement of certain real property located at 11114 Lincoln Avenue, Hagerstown, Maryland, pursuant to Sections 150(e) and 147(f) of the Internal Revenue Code of 1986, as amended. Unanimously approved. (A copy of the approved Resolution is attached.) RECESS – HIGHWAY DEPARTMENT CHRISTMAS CELEBRATION The Commissioners recessed at 11:10 a.m. in order to attend the Highway Department’s Christmas celebration at the Eastern Section Shop. AFTERNOON SESSION The afternoon session was called to order at 1:12 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. CONTRACT AWARD – COMPREHENSIVE STUDY OF TOTAL COMPENSATION PROGRAM (WAGES & BENEFITS) AND BUDGET TRANSFER Motion made by Commissioner Schnebly, seconded by Swartz, to award the contract for a comprehensive study of the County’s total compensation program (wages and benefits) to Springsted Incorporated, which submitted the low responsive, responsible total lump sum bid of $61,530. Motion carried with Commissioners Schnebly, Swartz, Iseminger, and Snook voting “AYE” and Commissioners Wivell voting “NO.” BID AWARD – MOTOR AND INDUSTRIAL OILS Motion made by Commissioner Swartz, seconded by Schnebly, to award the contract for motor and industrial oils to A.C&T Co., Inc., which submitted the low responsive, responsible bid of $38,508.13. Unanimously approved. CONTRACTUAL SERVICES – FOOD SERVICES FOR WASHINGTON COUNTY DETENTION CENTER Sheriff Charles Mades met with the Commissioners to request that the Purchasing Department be authorized to do a “request for proposal” for food services at the Washington County Detention Center. Sheriff Mades stated that of the four cooks at the Detention Center, one has retired and another will be retiring in December. He indicated that there also could be significant cost savings if this service was contracted to an agency providing food services. After discussion, it was the consensus of the Board to have the Purchasing Department advertise a request for proposals to provide food preparation services at the Detention Center. SALE OF REAL PROPERTY – WASHINGTON COUNTY BUSINESS PARK Motion made by Commissioner Iseminger, seconded by Swartz, to formally approve the agreement of sale with Richard E. McCleary dated November 27, 2001, for $248,694.55 relating to the sale of the following four parcels: 1) 1.2193 acres required for a stormwater management pond along Western Maryland Parkway; 2) Parcel B-1 containing 16.8625 acres situated along Western Maryland Parkway; 3) Lot #3 containing 0.9545 acres as recorded on Plat #2203; and 4) Lot #7 containing 2.7504 acres as shown on recorded plat #3142. Motion carried with Commissioners Iseminger, Swartz, Schnebly and Snook voting “AYE” and Commissioner Wivell voting “NO.” SALE OF REAL PROPERTY – ELK RIDGE DEVELOPMENT Motion made by Commissioner Iseminger, seconded by Swartz, to sell Lot #29 in the Elk Ridge Development to Dean Moore for $12,500, contingent upon an agreement that Mr. Moore remove the abandoned well house and two large in-ground water tanks and close four wells on the said property at his own expense. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to convene in closed session at 2:03 p.m. to discuss personnel matters, consult with counsel to obtain advice, consider a proposal for a business or industrial organization to locate, expand, or remain in the State, and consult with staff about pending litigation, in accordance with Section NOVEMBER 12, 2002 PAGE SIX 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioner Wivell and Commissioner-elect Munson excused themselves from the meeting at 2:45 p.m.) RECONVENE IN OPEN SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to reconvene in open session at 3:02 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with counsel to obtain legal advice on one (1) matter, considered a proposal for a business or industrial organization to locate, expand, or remain in the State, and consulted with staff about pending litigation. 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; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; and Alan Davis, Director of Human Resources; and Commissioners-elect James F. Kercheval, John C. Munson, and Doris J. Nipps. APPOINTMENT – PUBLIC GOLF CORPORATION BOARD OF DIRECTORS Motion made by Commissioner Schnebly, seconded by Iseminger, to appoint Leo Burke and Michael Twigg to the Public Golf Corporation Board of Directors for three-year terms. Unanimously approved. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Iseminger, to adjourn at 3:02 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk