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HomeMy WebLinkAbout031216 December 16, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:00 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 Commissioner Kercheval reported on the Maryland Association of Counties (MACo) Winter Conference and the meetings of the Economic Development Commission and the Public Golf Corporation. He also commented on Governor Ehrlich’s visit to Mack Trucks last week. Commissioner Wivell informed the Commissioners that he attended the dedication ceremony for the new fire truck at the Funkstown Volunteer Fire Company. He stated that he also attended the Antietam National Battlefield Illumination. Commissioner Munson stated that he was present when the Governor visited Mack Trucks last week. Commissioner Nipps also reported on the MACO Winter Conference. She informed the Commissioners that she attended the open house at the Rural Heritage Museum and the Christmas Party sponsored by the Parent/Child Center. Commissioner Snook informed the Commissioners that Fountaindale Elementary School would hold its Christmas concert on December 17. He distributed a copy of the City of Hagerstown’s 2004 legislative requests. Commissioner Snook commented on the MACo Winter Conference. REPORTS FROM COUNTY STAFF Steve Goodrich, Interim Director of Planning, made a correction to the school capacity evaluation chart for elementary schools. The Commissioners discussed how this change would affect the available capacity figures. Joe Kroboth, Director of Emergency Services, informed the Commissioners that the State has appointed a new director of the Maryland Emergency Management Administration. Mr. Kroboth stated that the assessment has been completed for the department that releases $140,000 of grant funding for the County. Gary Rohrer, Director of Public Works, reviewed the plans for the natural gas recovery system at the old Resh Road Landfill. Mr. Rohrer indicated that in the past, he has signed the supplemental letters of agreement for the master agreement to allow the County to receive State and Federal funding from the State Highway Administration (SHA). He stated that SHA has requested a letter from the Commissioners granting him the authority to sign on behalf of Washington County. Motion made by Commissioner Nipps, seconded by Kercheval, to approve granting the Public Works Director the authority to sign supplemental letters of agreement on behalf of Washington County for SHA projects. Unanimously approved. INTRODUCTION OF NEW EMPLOYEE Dee Hawbaker, Human Resources Administrator, introduced new County employee Raymond Palmer (Permits & Inspections Department). The Commissioners welcomed Mr. Palmer and wished him well in his new position. TASK FORCE/COMMITTEE TO REVIEW RURAL AREA ZONING The Commissioners continued discussions regarding the formation of a task force/committee to review rural area zoning. Rodney Shoop, County Administrator, reviewed the decisions made at last week’s meeting about DECEMBER 16, 2003 PAGE TWO the composition of the group. He stated that the Commissioners agreed to appoint 13 members with one appointment to be made by each Commissioner and the remaining 8 members to be appointed by consensus. Mr. Shoop indicated that several organizations have requested representation on the committee. The Commissioners discussed the matter at length and decided to ask that each group send two recommendations for their consideration for appointment. The groups are as follows: 1) Farm Bureau/farming community; 2) Citizens for the Protection of Rights; 3) Citizens for the Protection of Washington County; 5) Greater Hagerstown Committee; 6) Chamber of Commerce; 7) a land use attorney to be suggested by the Bar Association; 8) Home Builders Association; 9) Appraisers; 10) Banking/financial institutions; 11) Academia; 12) American Farmland Trust; 13) Cooperative Extension Service; 14) League of Women Voters; and 15) Economic Development Commission. They tentatively agreed to schedule a discussion during the third week in January. MARYLAND EMERGENCY MANAGEMENT ASSISTANCE COMPACT RESOLUTION Motion made by Commissioner Kercheval, seconded by Wivell, to adopt a Resolution authorizing participation in the Maryland Emergency Management Assistance Compact in the event of an emergency or disaster in accordance with the Annotated Code of Maryland to provide personnel, equipment, materials and other forms of assistance, to any participating political subdivision or with the State of Maryland, pursuant to the terms and conditions thereof. Unanimously approved. BID AWARD – INSURANCE FOR VOLUNTER FIRE & RESCUE COMPANIES Motion made by Commissioner Kercheval, seconded by Wivell, to award the contract for insurance for volunteer fire and rescue companies to Selective Insurance Company (Agent Stine Davis & Peck Insurance), which submitted the only responsive, responsible quote for the package policy of $418,668 and workers compensation for volunteers of $152,531. Unanimously approved. The Commissioners requested that staff evaluate the feasibility of utilizing self-insurance for volunter fire and rescue companies. ADOPTION OF ADEQUATE PUBLIC FACILITIES ORDINANCE ARTICLE V - SCHOOLS Gary Rohrer, Director of Public Works, reviewed the final draft of the Adequate Public Facilities Ordinance (APFO) Article V – Schools. He reviewed the revisions made at the December 8 meeting. Article V of the APFO would become effective on January 1, 2004 and address inadequate capacity in schools due to residential growth and development. The Article addresses all residential development for which the Planning Commission has not granted final plat approval. Commissioner Kercheval emphasized that the Article applies to new subdivisions and not existing lots of record. The Commissioners reviewed the draft and had several questions for Mr. Rohrer. After discussion, they agreed to make minor revisions in the final draft. Motion made by Commissioner Wivell, seconded by Munson, to adopt Article V – Schools, with revisions to Section 5.4.4, to the Adequate Public Facilities Ordinance, to become effective January 1, 2004. The Ordinance will be reviewed in six months. Unanimously approved. RENTAL ALLOWANCE PROGRAM (RAP) APPLICATION FOR FY 2004 Motion made by Commissioner Nipps, seconded by Munson, to submit an application to the State Office of Rental Services Programs for the Rental Allowance Program (RAP) application for FY 2004 and Grant Agreement for an amount up to $58,478. Unanimously approved. SUBDIVISIONS EXEMPT FROM THE MORATORIUM DUE TO COMPLIANCE WITH DENSITY REQUIREMENTS OF THE COMPREHENSIVE PLAN Steve Goodrich, Interim Planning Director, met with the Commissioners to review a subdivision plat titled Rocky Spring Enterprises, Inc., Lots 6, 7, and 8. Mr. Goodrich informed the Commissioners that the subdivision is consistent with the density guidelines of the adopted Comprehensive DECEMBER 16, 2003 PAGE THREE Plan. He stated that the Planning Commission has recommended approval of the plat. In combination with the lots approved prior to the moratorium, the subdivision would contain more than the five lots that are permitted. The Commissioners discussed the matter and approved the request. Motion made by Commissioner Munson, seconded by Nipps, to approve the subdivision plat titled Rocky Spring Enterprises, Inc., Lots 6, 7, and 8, which is in compliance with the adopted Comprehensive Plan. Unanimously approved. EARLY ACTION COMPACT TO ATTAIN EIGHT-HOUR OZONE STANDARD Mr. Goodrich explained that the new Environmental Protection Administration (EPA) would include Washington County in the nonattainment area since it is located within the Washington, D.C. Consolidated Metropolitan Statistical Area. The County has committed to early action to reduce pollution levels and thereby avoid stricter regulatory requirements regarding transportation planning and air quality. He explained that the basic concept of an early action compact (EAC) is to allow an area to defer designation and certain requirements by enacting regulations to come into compliance early. Mr. Goodrich introduced Jim Frazier from Baker Engineering, Randy Mosier from the Maryland Department of Transportation (MDOT), and Mike Nixon from the Maryland Department of Environment (MDE), who were in attendance to provide information on the status of a report they are preparing on behalf of Washington County regarding the Early Action Compact. Mr. Mosier provided information on the milestones that the County is expected to accomplish in order to satisfy the requirements for the final report of the EAC and the possible consequences if it is not met. Mr. Nixon reviewed potential control measures that have been implemented or scheduled and possible measures that the County could enact. The meeting was opened for questions and discussion. The Commissioners acknowledged the support that State agencies have provided and thanked them for their assistance. Motion made by Commissioner Nipps, seconded by Munson, to comply with the recommendations outlined in today’s presentation in order to meet future milestones of the EPA and to make the final report deadline of March 31, 2004, which is required for the Early Action Compact to meet the Eight-Hour Ozone Standards. Unanimously approved. CITIZENS PARTICIPATION Tom Berry had several questions about rezoning issues and the committee to be appointed to address rural zoning. Pete Thomas, Executive Director of the Western Maryland Consortium, informed the Commissioners that he received notice that Western Maryland had the top performance record in the State and will be receiving bonus monies as a result of its performance. Attorney John Urner, representing Todd and Michael Easterday, asked the Commissioners to approve a change to the Comprehensive Plan to extend the Town of Boonsboro’s Town Growth Area boundary to cover the entire Stiles farm property. Mr. Urner stated that he discussed this with the chair of the Planning Commission before bringing it to the Commissioners. The Commissioners stated that they would take the matter under advisement and get an answer to them as soon as possible. APPROVAL OF LOCAL LAW ENFORCEMENT GRANT – SHERIFF’S DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to accept a grant from The U.S. Department of Justice for a Local Law Enforcement Block Grant of $28,926 with a County match of $3,214, which was budgeted by the Sheriff’s. Unanimously approved. AMENDMENT TO FLEXIBLE SPENDING PLAN David Hankinson, Director of Human Resources, met with the Commissioners to request their approval to amend the County Flexible Spending Plan. Mr. Hankinson informed the Commissioners that the Internal Revenue DECEMBER 16, 2003 PAGE FOUR Service (IRS) has ruled that Health Care Flexible Spending Accounts may be used to reimburse the cost of certain over-the- counter (OTC) medicines. He explained that the rule covers only those OTC drugs used for a medical condition and not just for general health by the participant or their dependents. Mr. Hankinson provided examples of some items that are now eligible for reimbursement. Motion made by Commissioner Wivell, seconded by Kercheval, to amend the Flexible Spending Plan to allow reimbursement for over-the-counter medicines now permitted in accordance with IRS Revenue Ruling 2003-102, to become effective January 1, 2004. Unanimously approved. UPDATE - CEMETERY RELOCATION AT THE FORTY WEST LANDFILL SITE AND APPROVAL OF CHANGE ORDER AND BUDGET TRANSFER Terry McGee, Chief Engineer, and Robert Slocum, Deputy Chief Engineer, provided an update on the cemetery relocation effort at the Forty West Landfill site. Mr. McGee explained that the discovery of twice as many burial sites as anticipated has increased the work effort and the costs of archeological services and reinterment. He reviewed the proposed Change Order No. 1 that reflects the increase based on unit cost items included in the original proposal. The Change Order requested is for $247,093.05. Since the current budget balance is not adequate to fully cover the cost increase, Mr. McGee asked for a transfer of $76,000 to fully fund the project. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Kercheval, to approve Change Order No. 1 in the amount of $247,093.05 and the requested budget transfer of $76,000 (Account 498710-31-21010 LOI 007) to fund the Cemetery Relocation Project at the Forty West Landfill. Unanimously approved. RECESS – COMMUNITY ACTION COUNCIL LUNCHEON AND CHRISTMAS CAROLING The Commissioners recessed at 11:46 a.m. to join County employees in singing Christmas carols in front of the County Administration Building and to attend the annual legislative luncheon at the Community Action Council. AFTERNOON SESSION The afternoon session was called to order at 1:36 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James Kercheval, John Munson, and Doris Nipps. APPROVAL OF MINUTES – DECEMBER 9, 2003 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of December 9, 2003, as amended. Unanimously approved. BID AWARD – TRACK LOADER – LEASE/PURCHASE – SOLID WASTE DEPARTMENT Motion made by Commissioner Nipps, seconded by Munson, to award the contract for lease/purchase of a track loader for the Solid Waste Department to Alban Tractor Co., Inc., which submitted the lowest responsive, responsible annual lease payment of $68,681.01 for five years. Unanimously approved. BID AWARD – HAULING OF SCRAP TIRES FROM FORTY WEST LANDFILL FOR RECYCLING Motion made by Commissioner Munson, seconded by Wivell, to award the contract for the hauling of scrap tires from the Forty West Landfill for recycling to The Dirt Express Company, based on estimated annual quantities at unit costs for the sum total of $16,349. Unanimously approved. APPOINTMENT OF PERMITS & INSPECTIONS Motion made by Commissioner Kercheval, seconded by Nipps, to promote William Sprague to the position of Director of Permits & Inspections (Grade 16), and to promote Angela Smith to the position of Deputy Director (Grade 15). Unanimously approved. DECEMBER 16, 2003 PAGE FIVE CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:02 p.m. to consult with staff, consultants or other individuals about pending or potential litigation, consult with counsel to obtain legal advice, and consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, all 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 Kercheval, seconded by Wivell, to reconvene in open session at 4:08 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on three (3) matters, consulted with staff, consultants or other individuals about pending or 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, 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; Duane Gigeous, Part-time Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission (EDC); Stephen Christian, EDC Business Development Specialist; EDC member Douglas Wright; Robert Garver, Regional Office of the Department of Business & Economic Development; Gary Rohrer, Director of Public Works, Terry McGee, Chief Engineer, and Greg Murray, Director of the Water Quality Department; and Water Quality Advisory Commission members Clarence Scheer, Scott Schubel, and Ed Renn. APPROVAL TO ADVERTISE POSITION – BUDGET & FINANCE Motion made by Commissioner Nipps, seconded by Kercheval, to authorize advertising to fill the Accounting Supervisor position in the Department of Budget and Finance. Unanimously approved. ADJOURNMENT Motion made by Commissioner Munson, seconded by Wivell, to adjourn at 4:09 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk