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HomeMy WebLinkAbout031021 October 21, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:15 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. COMMISSIONERS REPORTS AND COMMENTS Commission Munson reported on the Agricultural Education Center Board of Directors meeting. He asked that the Commissioners reconsider the request made by the Hagerstown Housing Authority for a waiver of the excise tax for its HOPE VI project. Commissioner Nipps reported on the Local Management Board meeting. She stated that the Airport would like to utilize the soil from the Forty West Landfill for the runway extension project. However, the soil would not be needed for the project until 2005 and would have to be moved from the landfill before that time. She explained that moving the soil only once would save an estimated $2 million. The cost for URS Engineering to re-engineer the project to facilitate the change is $65,000 - $70,000 and is not reimbursable by the FAA. Debra Bastian, Director of Finance, informed the Commissioners that Option 6 being proposed would also save $157,000 in interest costs and pushes back some of the up-front costs in package 1 and 2. The Commissioners discussed the various options. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the use of $65,000 - $70,000 from the CIP Contingency Fund for re-engineering of the Airport runway extension project, based on the savings they would incur. Unanimously approved. Commissioner Kercheval, reported on the meetings of the Economic Development Commission and the Planning Commission. He stated that he distributed information on Frederick County’s impact fees. Commissioner Kercheval informed the Commissioners that the Public Golf Corporation has requested to use funding from the John Howard Trust for various capital improvements at Black Rock Golf Course. Motion made by Kercheval, seconded by Nipps, to authorize the use of the John Howard Trust fund for capital expenses (roof replacement, heat pump relacement, and payment of an insurance deductible) at Black Rock Golf Course in the amount of $10,000. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Assistant Human Resources Director, introduced new County employees Alan Crawford (Sheriff’s Department), Stoyan Russell (Emergency Services), and Alicia Heil (Highway Department). The Commissioners welcomed the new employees and wished them well in their new positions. PRESENTATION OF AUDITED FINANCIAL STATEMENTS – FISCAL YEAR 2003 Mike Manspeaker, representing Smith Elliott Kearns & Company, appeared before the Commissioners to present the County's Fiscal Year 2003 audit report. He highlighted the differences in the audit focus this year. Mr. Manspeaker provided an explanation of the different funds, component units, notes to the financial statement, and the supplemental information included in the audit. 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 $2.8 million in revenues over expenditures and that assets exceeded liability for all funds. He also reviewed the proprietary funds: Water Quality, Solid Waste, Transportation, Airport, and Black Rock Golf course. The Commissioners thanked Mr. Manspeaker for his presentation, and the Finance Department staff for their efforts. OCTOBER 21, 2003 PAGE TWO PUBLIC HEARING – MODIFICATION OF JOINT SEWER SERVICE FEE Gregory Murray, Director of the Department of Water Quality, met with the Commissioners to request that they rescind and reinstate certain allocation fees relating to joint sewer service with the City of Hagerstown, since the Flow Transfer Agreement has now been executed. Mr. Murray recommended rescinding the current Joint Sewer Service Fee of $2,800 and reducing the allocation fees in service areas served by the City of Hagerstown and Washington County to the originally proposed $1,800, together with a $300 per EDU construction reserve fund fee. Mr. Murray explained that the Board of County Commissioners adopted a three-year plan for allocation fee increases on April 11, 2000, which was amended due to pending agreements with the City of Hagerstown. When the City did not execute the proposed agreement, it became necessary for the County to return to the original fees calculated by the model in order to obtain financial targets. Since both parties have now executed the Flow Transfer Agreement, it is the recommendation to return to the agreement-based fees beginning November 3, 2003. The Commissioners opened the meeting for public comment. After hearing all comments, the hearing was closed at 9:41 a.m. Motion made by Commissioner Wivell, seconded by Nipps to rescind the current Joint Sewer Service Fee of $2,800 and reduce the allocation fees in service areas served by the City of Hagerstown and Washington County to the originally proposed $1,800, together with a $300 per EDU construction reserve fund fee, in accordance with the executed Flow Transfer Agreement. Unanimously approved. DEPARTMENT OF WATER QUALITY WIRELESS INFRASTRUCTURE Mr. Murray requested authorization to shift project priorities to allow him to utilize $300,000 for the SCADA upgrade currently proposed in the Capital Improvements Program (CIP) for Fiscal years 2005 and 2006. He informed the Commissioners that this would allow the Water Quality Department to take advantage of lower costs by piggybacking on a State contract. The project would enhance the existing system by allowing high-speed wireless data transfer from remote facilities without the need to lease lines. Mr. Murray indicated that the Department would save in excess of $50,000 per year in leasing costs. Motion made by Commissioner Wivell, seconded by Munson, to authorize shifting CIP priorities to allow funding of $300,000 for the Water Quality Department’s SCADA upgrade originally planned for FY 2005-06. Unanimously approved. DISCUSSION OF MORATORIUM Stephen Goodrich, Interim Planning Director, met with the Commissioners to discuss the moratorium that was enacted on October 29, 2002 relating to new major residential subdivisions outside the County’s designated growth areas. The recitals in the Ordinance specify that it be reviewed after the passage of six months for the purpose of continuing the moratorium. He stated that action regarding the deadline for eight exempted subdivision applications should also be considered in their discussions. Mr. Goodrich indicated that it was expected that the comprehensive rezoning of the rural areas of the County would be significantly completed before the Moratorium expired. Due to unforeseen circumstances, the proposed schedule has been delayed. He noted that if the moratorium expires prior to zoning implementation, there is a possibility that rural area subdivision activity would increase dramatically in order to gain approval prior to the implementation of the comprehensive rezoning. Mr. Goodrich recommended extending the moratorium for six months. He provided information on development activity currently taking place in the County. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson to allow the moratorium expire on October 29, 2003. The Motion died for lack of a second. OCTOBER 21, 2003 PAGE THREE Motion made by Commissioner Wivell, seconded by Nipps, to extend the Ordinance to Provide for a Moratorium on Major New Residential Developments Outside the Growth Areas entitled “Moratorium Ordinance for Washington County, Maryland” for a one-year period with a six month review. Motion carried with Commissioners Wivell, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson voting “NO.” CITIZENS PARTICIPATION Jim Laird, representing the Citizens for the Protection of Washington County, commented on the revisions to the proposed Adequate Public Facilities Ordinance. He expressed concerns that the formula would not raise enough money to pay for necessary school upgrades. Chuck Ernst, representing the Citizens for the Protection of Rights, and Galen Long, representing the Washington County Farm Bureau, stated that the two groups are developing a document to present to the Commissioners regarding the comprehensive rezoning of rural land. Mike Harsh, Chair of the Washington County Higher Education Association, stated that the Association is requesting a change in state law to provide them with “meet and confer” status. He requested the Commissioners’ support of their efforts to revise the law. Debi Turpin, Executive Director of the Home Builders Association, thanked Gary Rohrer, Director of Public Works, for meeting with their membership to discuss the proposed revisions to street acceptance policy. She stated that they do not object to the proposal being submitted today. PROPOSED REVISIONS TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO), ARTICLE V – SCHOOLS Gary Rohrer, Director of Public Works, and Stephen Goodrich, Interim Planning Director, met with the Commissioners to review the draft revisions of the APFO, Article V – Schools. Mr. Rohrer stated that, if the revisions are approved, they could be released to the general public in order to take to the public hearing scheduled for October 27. He indicated that the primary purpose was to remove the subjective language from the document and provide specific language. The new text is specific to determining adequate capacity and measurement and actions required to address the inadequacy. The revisions also remove an existing appeal process. He reviewed the draft and the calculations. The meeting was then opened for questions and discussion by the Commissioners. They reviewed items that they would like to have revised in order to take the document to public hearing. Mr. Rohrer stated that municipalities in the County should adopt their own APFO or policing mechanisms to make the effort successful. Motion made by Commissioner Kercheval, seconded by Wivell, to proceed to public hearing with the draft APFO, Article V – Schools, as revised. Unanimously approved PROPOSED LEGISLATION WORKSHOP Richard Douglas, County Attorney, distributed a list of items suggested by various County Commissioners and staff for the 2004 legislative agenda. Mr. Douglas stated that the Board has not approved the list. He asked them to review the items and determine which of the attached suggestions they would like him to pursue. Funding Requests 1)Runway Extension Project – request for $8 million in the following increments to lessen the cost of financing: FY 04 - $3 million, FY 05 - $3 million, and FY06 - $2 million. 2)Support for bond bill for a Central Booking Facility – The Commissioners agreed to delay submitting the request until they meet with the City to finalize a plan. 3)Support for Request for Fifth Circuit Court Judge. 4)New Parking Deck for Arts & Entertainment District – This would be a joint request from the City of Hagerstown and Washington County for a $500,000 grant toward the construction of a new parking deck to serve OCTOBER 21, 2003 PAGE FOUR the Arts & Entertainment District and provide additional parking for the University System of Maryland. 5)Highway User Revenues – request to reinstate highway user revenues that were removed during FY 04, and are scheduled to be removed in FY 05. Legislative Requests nd 1)Addition of 2 Deputy State’s Attorney – State’s Attorney Ken Long has requested an amendment of MD. Code, Article 10, Section 40 for authority for an additional deputy state’s attorney. 2)Bond authorization – The Commissioners agreed to request bonding authority in the amount of $50 million. The Commissioners directed staff to remove the proposal to include additional language allowing the County to use bond funds for the purchase of agricultural easements. 3)Gaming Legislation: a)The Board of License Commissioners will not issue a license to an applicant who has outstanding gaming proceeds, payments or fines. b)The County Commissioners may establish an annual fee for non-profit bingo permits. The present law allows the charging of fees only to for-profit bingo operations. c)The penalty for operating amusement devises in Washington County without the required permit would be increased from $500 to $1500. d)A wholesale operator’s license may not be held by the holder of a tip jar operator’s license or certain related parties, or an association of tip jar operators. It was the consensus of the Commissioners to submit items a) and d). They asked for additional information before agreeing to submit item b). 4)Elimination of Water & Sewer Debt Reduction Fund – The Commissioners discussed the request and decided not to submit it at this time which fits better under the debt reduction law. 5)Board of Education Bonding Authority – It was the consensus not to submit the request. 6)Lengthen the time a school bus may operate from 12 to 15 years – The Commissioners agreed to submit this request to the Delegation. 7)Increase marriage license fees to fund domestic violence programs at CASA – It was the consensus not to request an increase in the fee. 8)Collective bargaining for HCC professors – The Commissioners asked for clarification whether they were requesting “meet and confer” status or collective bargaining rights . 9)Collective bargaining for Sheriff’s deputies – The Commissioners asked for additional information. RECESS – LUNCH The Commissioners recessed at 12:30 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:32 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. IMPLEMENTATION OF INMATE PRE-TRIAL PROGRAM Sheriff Charles Mades and Sgt. Terri Blair appeared before the Commissioners to request funding for a 25 percent cash match in the amount of $5,862, which is a condition in accepting the Pre- Trial Program grant of $17,587. Sheriff Mades explained that the program would fund additional drug testing at a more advanced level and allow for the purchase of partitions to reapportion office space. He stated that the matching funds are available in the Detention Center’s existing FY 2003-04 budget. Motion made by Commissioner Munson, seconded by Nipps, to approve the conditions of the Pre-Trial Program grant for the Washington County Detention Center to provide a 25 percent cash match of $5,862, with funds to be taken from the FY 2003-04 Detention Center budget. OCTOBER 21, 2003 PAGE FIVE COMMISSIONERS REPORTS AND COMMENTS - CONTINUED Commissioner Snook reviewed correspondence he received last week. He reminded the Commissioners that the Grate American Sleep-out is scheduled for November 14. CONTRACT AWARD – INVESTMENT SERVICES FOR THE DEFINED BENEFIT RETIREMENT PLAN FOR THE EMPLOYEES OF WASHINGTON COUNTY Karen Luther, Purchasing Agent, introduced the members of the Coordinating Committee for this project who were in attendance. Jon Ketzner, Director of Consulting Services for CBIZ Benefits and Insurance Services, which is the County’s Contracted Provider for Record-Keeping/Actuarial Services, reviewed the proposals received and outlined the factors the Committee used to evaluate the proposals. He reviewed the fee structure of the low bidder, Mercantile Safe Deposit & Trust, and stated that the County would benefit from a reduction in investment service fees. The meeting was then opened for discussion and questions on all of the proposals that were submitted. Motion made by Commissioner Wivell, seconded by Kercheval, to award the contract (PUR-874) for investment services for the “Defined Benefit Retirement Plan for the Employees of Washington County” to Mercantile Safe Deposit & Trust of Baltimore, Maryland at the fee schedule presented. The contract is for a one-year period, with an option by the County to renew for up to four additional consecutive one-year periods. Unanimously approved. ADOPTION OF PROPOSED INCREASE TO CHARGE IN ADDITION TO 9-1-1 FEE Motion made by Commissioner Nipps, seconded by Kercheval, to repeal the Ordinances to provide a local surcharge on telephone bills to provide a 9-1-1 emergency calling system adopted on June 28, 1983, and January 22, 1985, as amended on June 22, 1995, and to repeal an ordinance to extend the 9-1-1 system additional charge to include wireless telephone service or other 9-1-1 accessible service adopted on December 5, 1995, and to enact a new Ordinance entitled “An Ordinance to provide a local surcharge (charge in additional to the 9-1-1 fee) on telephone bills rendered for switched local exchange service, commercial mobile radio service or other 9-1-1 accessible service to provide a wireless enhanced 9-1-1 service in Washington County, Maryland” increasing the fee from $.50 to $.75 cents per month per bill. Unanimously approved. BID AWARD – ROOF REPLACEMENT T-HANGAR #1 Motion made by Commissioner Nipps, seconded by Munson, to award the contract for the roof replacement of T-hangar #1 at the Hagerstown Regional Airport to Myers Building Systems, Inc., which submitted the low responsive, responsible bid of $29,088. Unanimously approved. REVISED STREET ACCEPTANCE POLICY Gary Rohrer, Director of Public Works, informed the Commissioners that the Public Works Department staff has been working with the Home Builders Association (HBA) to develop a revised policy that addresses issues resulting from increased subdivision activity. He stated that the S-3 Policy is formally known as “Acceptance of Subdivision Street into the Washington County Road System.” He recommended changing the title to “Construction of Subdivision Infrastructure for Acceptance and Ownership by Washington County.” Mr. Rohrer then reviewed the proposed revisions. He stated that the inspections would be performed under the guidance of a licensed professional, paid for by the developer. The designer would be responsible for producing “as-built” drawings to the County upon completion of the project. The document also includes an acceptance and appeal process. Mr. Rohrer recommended that the revisions be implemented on November 1, 2003 for all site plans for which the Engineering Department has not granted Preliminary Approval. The meeting was then opened for questions. The Commissioners made several revisions to the text. They also agreed that they should hear appeals. OCTOBER 21, 2003 PAGE SIX Motion made by Commissioner Kercheval, seconded by Munson, to approve the Street Acceptance Policy, as revised, to be implemented November 1, 2003. They agreed to review the Policy in one year. Unanimously approved. YOUTH OF THE MONTH AWARDS – SEPTEMBER 2003 Commissioner Snook presented a Certificate of Merit to Asya Brown in recognition of her selection as the September 2003 Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended Asya for her leadership, academic and extra-curricular activities. Commissioner Snook stated that Asya would also receive a $50 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 2:50 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with counsel to obtain legal advice, and 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. The Commissioners recessed during Closed Session from 3:05 p.m. to 3:16 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to reconvene in open session at 3:38 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter that affects one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, 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, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas; County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Greg Murray, Director of the Water Quality Department; and Tim Troxell, Executive Director of the Economic Development Commission (EDC). ADJOURNMENT AND TOUR OF SOFTRAC AMERICA Commissioners adjourned at 3:38 p.m. in order to attend a tour of Softrac America. Softrac America is a literature and promotional product fulfillment company. , County Administrator , County Attorney ___________________________, County Clerk