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HomeMy WebLinkAbout030722 July 22, 2003 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 William J. Wivell and Commissioners 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 – JULY 15, 2003 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of July 15, 2003, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Acting Human Resources Director, introduced new County employee Ryan Socks (Deputy - Sheriff’s Department). The Commissioners welcomed Deputy Socks and wished him well in his new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval provided highlights of the Economic Development Commission’s strategic planning workshop. He also reported on the Public Golf Corporation meeting. John Martirano, Assistant County Attorney, provided an update on the status of the Right to Farm Ordinance. The Commissioners asked that a workshop be scheduled to review the proposed Ordinance. Commissioner Wivell informed the Commissioners that the Washington County Humane Society recently hired a new Executive Director. He stated that he would be contacting Delegate McKee regarding the Program Open Space requirements for the conversion of the Ditto Knolls property. Commissioner Wivell also informed the Commissioners of a recent newspaper article reporting that two mortgage companies erroneously collected recordation taxes on refinanced mortgages from banking institutions when the tax should only be applied to new mortgages. Commissioner Nipps reported on the Airport Advisory Commission meeting. Commissioner Munson reported on the Housing Authority meeting. Commissioner Snook informed the Commissioners that Neil Pedersen was appointed as the State Highway Administrator. He reported that various projects at the Agricultural Education Center have received $45,000 in Program Open Space funding. Commissioner Snook stated that he received notification from the Maryland Department of the Environment (MDE) of two applications for renewal for sewage sludge permits. The Commissioners agreed not to request that MDE hold public information meetings for application renewals. They requested a report from MDE on the amount of tonnage applied in Washington County. Notification was also received from MDE that they are issuing a permit to Frederick County for construction of a 12-mile water line. Commissioner Snook stated that he would place all letters on the Comprehensive Plan in a folder for the Commissioners to read at their convenience. AIP NO. 3-24-0019-030/LOI NO. AEA-03-02 – APPLICATION FOR DISCRETIONARY MONIES Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request for FAA discretionary monies for the extension of Runway 9-27, the reconstruction of Runway 9-27, including improvement of runway safety areas, and installation of an Instrument Landing System for Runway 9, under Letter of Intent No. AEA-03-02 in the amount of $5,000,000 with State and County local shares of $277,778 each. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the County picnic is Saturday, July 26. He then read an excerpt from a letter from the FedEx Property Officer complimenting the County staff for their work in bringing their company to Washington County and praising JULY 22, 2003 PAGE TWO them for being “head and shoulders” above those that he had worked with on other projects. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Wivell, seconded by Nipps, to reappoint Donna Smith as an alternate on the Board of Zoning Appeals for a three-year term. Unanimously approved. FLOW TRANSFER AGREEMENT WITH CITY OF HAGERSTOWN Greg Murray, Director of the Water Quality Department, met with the Commissioners to review the proposed Flow Transfer Agreement with the City of Hagerstown. Mr. Murray explained that this agreement would allow for the interconnection of existing City/County systems to utilize all infrastructure to support new planned growth outside the City. The plan increases economies of scale for operating efficiency to the County and reduces operating expense to the City. He stated that the joint City/County Committee previously granted conceptual approval. He then reviewed the minor revisions that have been made to the document. Dave Schindel, Director of the City Water & Sewer Department, stated that the City Council plans to discuss the agreement next week and vote on it on August 5. Al Martin, Director of Finance for the City of Hagerstown, commented on the process used to negotiate the agreement. Motion made by Commissioner Wivell, seconded by Munson to approve the Flow Transfer Agreement with the City of Hagerstown, as presented. Unanimously approved. (A copy of the approved Agreement is attached.) MENTORING - AFTER SCHOOL PROGRAM Stephanie Stone, Director of the Washington County Community Partnership for Children & Families (WCCP), appeared before the Commissioners to discuss the Mentoring – After School Grant and the reasons why the contract with the Hagerstown Area Police Athletic League (P.A.L.) was not renewed. Ms. Stone explained that P.A.L. was unable to conform to the minimal program elements required under the Maryland After School Community Grant Program. The elements not in compliance included the number of days that the program was operational, the number of required presentations, enrollment, and average attendance. She also reviewed a letter from the Governor’s Office of Crime Prevention & Control approving the request to modify the grant and re-issue the Request for Proposals. The meeting was then opened for questions and discussion. Ms. Stone asked for authorization to re-advertise the program. John Budesky, City Administrative Services Director, admitted the need for additional staffing and stated that they would work to make the program more successful. Chief of Police Art Smith suggested that the WCCP develop an improvement plan with time frames for P.A.L. to come into compliance. Commissioner Snook suggested setting specific goals and granting P.A.L. a six-month extension with the program being monitored on a monthly basis for improvement. Commissioner Kercheval agreed with this suggestion contingent upon P.A.L. working with some outside groups who have experience in after-school programs. Motion made by Commissioner Wivell, seconded by Nipps, to modify and re-bid the Mentoring - After School grant as recommended by the Washington County Community Partnership for Children & Families. Motion carried with Commissioners Wivell, Nipps, and Munson voting “AYE” and Commissioners Kercheval and Snook voting “NO.” AMENDED BUILDING EXCISE TAX ORDINANCE Richard Douglas, County Attorney, informed the Commissioners that the following recommendations have been made for the revision of the Building Excise Tax Ordinance: 1) attached garages, crawl spaces, and attics are proposed for exemption from the tax by the Permits & Inspections Department by revising the definition of “Residential” in the second sentence of subsection (l) of Section 2; 2) the “County match” provision in Section 7(c) and the “State highway match” provision in paragraph 7(d) were found to be unnecessary under the terms of County legislation; and 3) references to a duplicate building excise tax within a municipal corporation were eliminated as inconsistent with the statutory plan JULY 22, 2003 PAGE THREE imposed by the Washington County legislation. The Ordinance was enacted on June 17, 2003 and was effective July 1, 2003. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the “Amended Building Excise Tax Ordinance for Washington County, Maryland” retroactive to July 1, 2003. Motion carried with Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” (A copy of the Ordinance is attached.) PUBLIC HEARING – MODIFICATION OF CHARGES, RENTALS AND FEES AT THE HAGERSTOWN REGIONAL AIRPORT The Commissioners convened a joint public hearing with the Airport Advisory Commission at 10:09 a.m. in order to hear testimony for the purpose of considering an increase in current charges, rentals, and fees at the Hagerstown Regional Airport. Airport Advisory Commission members in attendance were Anton Dahbura, Gordon Crabb, Spence Perry, and Harry Reynolds. John Martirano, Assistant County Attorney, informed the Commissioners that the new rates would only affect new t-hangar rentals for FY ’03 and all rentals effective FY ‘04. He stated that the rates were increased by four percent. Carolyn Motz, Airport Manager, and Ed Rakowski, Operations Manager, reviewed the proposed schedule of rates and charges for FY 2004. Mr. Rakowski also reviewed the new method proposed to determine the fees. He stated that the Airport currently has a waiting list of 27 possible tenants for the t-hangar rentals and provided comparison rates with other airports in the vicinity. Commissioner Snook then opened the meeting for public comment. After all the comments were heard, Commissioner Snook reported that the Commissioners have determined that it would be appropriate to allow the public ten (10) days to file written comments on the proposed increase in current charges, rentals and fees at the Airport. The hearing was closed at 10:45 a.m. CITIZENS PARTICIPATION There was no one present who wished to participate. REQUEST TO FILL VACANCY – EMERGENCY COMMUNICATIONS SHIFT SUPERVISOR Bardona Woods, Chief of Fire & Rescue Communications, requested authorization to fill the vacancy for the Shift Supervisor Position at Fire & Rescue Communications (Grade 9). Ms. Woods stated that the vacancy exists due to the retirement of long- time employee David Phiel. She stated that, although Mr. Phiel departed in May, they were unable to fill the position until the effective retirement date was reached. Ms. Woods asked for permission to fill any resulting vacancies if the Shift Supervisor position is filled from within the Department. She then reviewed the job description and the responsibilities of the position. Motion made by Commissioner Nipps, seconded by Kercheval, to authorize filling the Shift Supervisor position (Grade 9) in the Emergency Services Department, and to authorize filling a subsequent vacancy if the position is filled from within. Unanimously approved. BID AWARD – HARPERS FERRY ROAD CULVERT REPAIRS Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for the Harpers Ferry Road culvert repairs project to Building Systems, Inc., which submitted the low responsive, responsible bid of $74,865. Motion carried with Commissioners Nipps, Wivell, Munson, and Snook voting “AYE” and Commissioner Kercheval “ABSTAINING.” Mr. McGee also provided an update on the Broadfording Road Bridge project and outlined the difficulties they are experiencing in getting the contractor to begin the project. RECESS – LUNCH AND TOUR OF FAMILY CENTER The Commissioners recessed at 11:05 a.m. for lunch and a tour of the Family Center. JULY 22, 2003 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:24 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. COMPREHENSIVE REZONING UPDATE Robert Arch, Director of Planning & Community Development, reviewed the amendments to the Zoning Ordinance that will be presented as part of four workshop meetings. He stated that the informational packet being provided includes a general information sheet, draft zoning district descriptions, answers to frequently asked questions, a map delineating the Urban and Town Growth Areas, schedule of public information workshops, tentative timeline for the rezoning process, and a comment sheet for input. Mr. Arch then reviewed the packet in detail including a table of land use regulations in rural areas. (Commissioner Wivell was excused from the meeting at 1:46 p.m.) He stated that the hearings deal only with the areas outside of the growth area. The schedule of workshop meetings is as follows: July 22 – Pleasant Valley Elementary; July 24 – Agricultural Education Center; July 29 – Smithsburg High School; and July 31 - Clear Spring High School. The meeting was then opened for discussion and questions. CONTRACT RENEWAL – NATURAL GAS AT COUNTY FACILITIES Motion made by Commissioner Munson, seconded by Nipps, to approve the contract renewal with Washington Gas Energy Services, Inc., for natural gas at County facilities per State of Maryland Contract Bid No. 001IT812454, based upon the fixed rate for transportation and the NYMEX index for natural gas as outlined in the State contract. The term of the contract is retroactive to July 1, 2003 and ends June 20, 2004. Unanimously approved. ROBINWOOD SENIOR HOUSING – PAYMENT IN LIEU OF TAXES (PILOT) Richard Douglas, County Attorney, informed the Commissioners that Hagerstown Robinwood Senior Associates, LLC (HRSA), the developer of a facility that has provided independent living for senior citizens is requesting approval of a Payment in Lieu of Taxes (PILOT) for the second phase known as the Francis Murphy Sr. Apartments. Mark Silverman, partner with HRSAs; Richard Willson, Director of the Washington County Housing Authority; and Jerry Bucey, Executive Director of Interfaith Housing, met with the Commissioners to discuss the proposal. Mr. Silverman stated that HRSA is now ready to develop Phase II of the project which comprises 56 units. Mr. Douglas stated that the County is authorized to enter into a PILOT agreement to provide rental housing for senior citizens with low to moderate income. He stated that the PILOT agreement constitutes a local match. Mr. Silverman stated that the first phase is completely rented and the second phase has a waiting list of 55. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Nipps, to approve the Resolutions granting Robinwood Hagerstown Senior Associates, LLC, a PILOT agreement at $200 per unit for 15 years under the PILOT program established in 1993, as the local contribution in their application to the Community Development Administration for Phase II of the Francis Murphy Sr. Apartments, a 56-unit senior rental housing project and adopt the resolutions as presented. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:46 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with staff to discuss pending and potential litigation, consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. JULY 22, 2003 PAGE FIVE RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Munson, to reconvene in open session at 5:06 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters that affect one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, consulted with staff to discuss pending and potential litigation, and considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Director of the Economic Development Commission (EDC); Cassandra Lattimer, EDC Marketing Specialist; Carolyn Brooks, President of the Board of Directors of the Mental Health Authority, and Authority members Carol Moller, Mervin Yoder, Charlene Lloyd, Lucy Edmunds, William Nairn, Joseph Rutkowski, and Rev. Leroy Jackson. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 5:06 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk