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HomeMy WebLinkAbout040302 March 2, 2004 Hagerstown, Maryland The Commissioners attended the “State of the City” forum sponsored by the Hagerstown-Washington County Chamber of Commerce at the Clarion Inn & Convention Center at 7:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 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. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Tina Bowers (Emergency Services Department), Jesse Burcker (Permits & Inspections), and Norma Harne (State’s Attorney’s Office). The Commissioners welcomed the new employees and wished them well in their new positions. CITIZEN OF THE MONTH AWARD – FRANK MURRAY The Commissioners honored Frank Murray as the Citizen of the Month for February 2004. Commissioner Munson read the proclamation, which will be presented to Mr. Murray at his home later today. Mr. Murray was honored for serving more than 20 years as a volunteer Emergency Services Technician with the Community Rescue Service and as Chief for 10 years. Mr. Murray continued to serve the citizens of the community while living with the challenges that Multiple Sclerosis imposed on him and set an example for all citizens through his courage and dedication to public safety. APPROVAL OF MINUTES – FEBRUARY 24, 2004 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of February 24, 2004, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson reported on the Solid Waste Advisory Committee meeting. He informed the Commissioners that he spoke to a citizen who is planning to build a community center and park near Maugansville and conveyed questions about the possible changes in zoning that could occur due to the implementation of the Comprehensive Plan. The Commissioners responded that upon final plat approval he could proceed even if the zoning would change. Commissioner Nipps informed the Commissioners of her meeting with State Treasurer Nancy Kopp and Delegation members regarding House Bill 1230. The proposed legislation deals with options recommended by the Task Force to Study Public School Facilities. She noted that, using the model outlined in the draft, the State funding percentage for school construction projects in the County would be lowered by six percent. Commissioner Nipps stated that she testified at a Generaly Assembly session on Thursday regarding the legislation and asked the Committee to consider amending the options. Commissioner Wivell reported on the MACo Legislative Committee meeting. He stated that they voted to support the Public Schools Facilities bill with the proposed amendments. He stated that the Maryland Department of the Environment and the Health Department have “backed off” their position regarding Devil’s Backbone Park and are allowing use of the restrooms with the condition that the sinks be disconnected. Commissioner Kercheval reported on the Planning Commission meeting. He stated that owners of several small subdivision lots met with them to discuss the transition policy adopted last week. Commissioner Kercheval reminded the Commissioners of the rezoning hearing scheduled for March 8. He stated that he met with Secretary Flanagan of the Department of Transportation and City representatives to discuss a partnership for MARCH 2, 2004 PAGE TWO funding of improvements to Route 40 East. Secretary Flanagan indicated that the State was willing to proceed with the engineering study. Commissioner Kercheval informed the Commissioners of the Mental Health Advisory Committee’s new web site. Commissioner Snook informed the Commissioners that Roxanne Ober is the Board of Education’s liaison to the County. He reminded them that the next Municipal League meeting is scheduled for March 22. Commissioner Snook noted that he received a letter from Associated Builders & Contractors asking the Commissioners to support House Bill 396, which would increase the State percentage of funds for school construction. He reported that the Board of Education Facilities Committee would meet on March 18. Commissioner Snook stated that he received a letter from a citizen in the Cascade area thanking the County Highway Department for doing such a fine job in snow removal operations. He also reported on the meeting of the Board of Directors of the Chamber of Commerce. REPORTS FROM COUNTY STAFF Revision on Contract – Aramark Correctional Services, Inc. Karen Luther, Purchasing Agent, informed the Commissioners that Lieutenant Van Evans had been negotiating with Aramark Correctional Services, Inc. regarding the additional $.02/meal increase to inmate meals that was to be charged in the contract that was approved last week. She stated that they received a decision from Aramark that they would not be charging the County the additional $.02 per meal. Ms. Luther indicated that this would save the County approximately $7,500 per year. Motion made by Commissioner Munson, seconded by Wivell, to rescind the additional $.02/meal increase to inmate meals on the contract approved with Aramark Correctional Services, Inc. for inmate meals at the Detention Center, as approved on February 24, 2004. Unanimously approved. Permission to Fill Position – Water Quality Utility Worker II Motion made by Commissioner Wivell, seconded by Kercheval, to authorize filling the vacant Utility Worker II position at the Water Quality Department (Grade 6). Unanimously approved. PROPOSED PAVEMENT MANAGEMENT PROGRAM Gary Rohrer, Director of Public Works, met with the Commissioners to provide information on the implementation of a pavement management system, which is one of the County’s 2004 goals. Mr. Rohrer stated that he would be returning to the Board for final approval before retaining the services of a consultant to implement the system. Mr. Rohrer explained that the pavement management software would assist the staff in assessing and projecting the cost of repair of County highway pavement as well as ranking them in priority. He stated that the Division of Public Works is still in the process of gathering information but they feel that the County could “piggyback” onto the contracts of other Maryland counties that have developed the same system to document their highway network assets and establish pavement ratings. Mr. Rohrer provided a diagram from a video-based asset tracking process and outlined the advantages of having a pavement management system. The meeting was then opened for questions and discussion. Mr. Rohrer stated that it his goal to have the system up and running this spring in order to obtain data to prepare next year’s CIP budget. CITIZENS PARTICIPATION There was no one present who wished to participate. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that an administrative interpretation was made by staff to charge mobile homes the same rate as multi-family homes under the Building Excise Tax Ordinance. The multi-family rate is $1.00 per square foot versus $.25 MARCH 2, 2004 PAGE THREE per square foot for single-family residences. Mr. Shoop recommended amending the Ordinance to allow mobile homes to be charged the single-family fee and to refund the difference to the mobile home owners who had paid the multi-family rate. After discussion, the Commissioners agreed to take this matter under consideration. It was the consensus to consider all definitions in the ordinance to assure that it is consistent in how it is addressed. CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET DISCUSSION The Commissioners conducted a budget workshop to discuss the projects submitted for the Capital Improvement Program (CIP) for Fiscal Years 2005 - 2010. Debra Bastian, Director of Finance, provided a summary of the projects and the changes made at the last workshop meeting. Mr. Shoop reviewed the funding sources involved in the CIP budget. He stated that the Commissioners need to decide the level of borrowing for the projects. Mr. Shoop indicated that the staff is recommending going to the bond market for $10 million, which is $2 million below the limit of $12 million outlined in the Debt Affordability Analysis. He stated that the largest programs driving CIP budget are for projects submitted by the Board of Education, Hagerstown Community College and the emergency communications system. RECESS – LUNCH The Commissioners recessed at 11:57 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:00 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. WASHINGTON COUNTY READING DAY – REQUEST FOR FUNDING Kathleen O’Connell, representing the Washington County Free Library, appeared before the Commissioners regarding Washington County Reading Day. Ms. O’Connell stated that Partners in Literacy have joined together to sponsor the second annual reading day. She asked the Commissioners to proclaim May 1, 2004 as Washington County Reading Day and outlined the activities and events that have been planned. She asked the Commissioners to provide $1,000 to help defray the costs of transportation and material. Motion made by Commissioner Nipps, seconded by Munson, to provide up to $1,000 from the Commissioners Contingency Fund to assist the Washington County Free Library with Reading Day events. Unanimously approved. CIP BUDGET DISCUSSION – CONTINUED The Commissioners continued discussions about the CIP budget and possible bond funding. Commissioner Kercheval voiced his support for following the Debt Affordability Policy and borrowing $10 million. He stated that it would not save money by delaying borrowing with the backlog of projects facing them and considering the low interest rates that are available at present. Commissioner Munson stated that he would not vote for borrowing more than $8 million. Commissioner Nipps stated that she feels the Commissioners need to come to a joint agreement with the Board of Education regarding CIP projects and to better utilize the recommendations made by a consolidation committee report which was presented a few years ago. Commissioner Wivell recommended using new revenues to lower projected borrowing. Joe Kroboth, Director of Emergency Services, reviewed two projects regarding the Department of Emergency Services. The project listed in the FY ’05 CIP budget would be to renovate the existing emergency services facility. He stated that the projected cost is $350,000 for engineering and furniture. The renovations would expand the office to include a new 911 console and fire/rescue dispatch operations room. The second project is preliminarily scheduled to begin in FY 2009 and would consolidate emergency services operations in the County into one facility. Mr. Kroboth stated that the proposed complex would include a MARCH 2, 2004 PAGE FOUR new 911 Center, consolidated Police and Fire/Rescue Communications Center, Emergency Operations Center, Fire Department Special Operations Team, Emergency Air Unit, and the Volunteer Fire & Rescue Association Office. OVERVIEW OF FUNCTIONAL HIGHWAY CLASSIFICATION SYSTEM Terry McGee, Chief Engineer, met with the Commissioners to provide an overview of the functional highway classification system. Mr. McGee explained that the Federal Highway Act of 1973 requires that all roads throughout the United States have an assigned functional classification. Washington County adopted a system in cooperation with the Maryland State Highway Administration (SHA). The classification is determined by the character of service that the roadway is intended to provide. He then reviewed the types of road classifications and how changes are reviewed. Mr. McGee informed the Commissioners that SHA works with local jurisdictions to update the functional classification system after the completion of each census or when changes are made to urban boundaries. He stated that County staff has met with SHA officials and endorsed a revision to the urban boundary on the basis of the 2000 census data. Mr. McGee indicated that staff would be meeting with SHA this spring to address specific classification changes. The Commissioners discussed the standards used for classification. Mr. McGee stated that they recognize there are problems with the standards and their relation to functional classification. He indicated that the County would benefit from the expertise of a transportation planner. Commissioner Snook suggested using Metropolitan Planning Organization (MPO) funding for a transportation study. Mr. McGee stated that a long-range transportation planning study is in progress. OVERVIEW OF TRIP GENERATION ESTIMATES FOR NEW DEVELOPMENT Mr. McGee provided an overview of the procedures used to estimate future traffic that can be expected from a proposed development. He stated that most of the guidance for this work is from the Institute of Transportation Engineers (ITE) and is based on data collected from numerous types of development throughout the United States. Mr. McGee informed the Commissioners that the ITE Trip Generation Manual and Trip Generation Handbook contain graphs, equations and figures that have been developed by applying statistical procedures to actual traffic data. He emphasized the importance of correct trip estimates. The meeting was then opened for questions from the Commissioners. BID AWARD – CITICORP/NORTH COUNTY REGIONAL STORMWATER MANAGEMENT POND PROJECT Motion made by Commissioner Nipps, seconded by Wivell, to award the bid for the Citicorp/North County Regional Stormwater Management Pond project to David H. Martin Excavating, which submitted the low responsive, responsible bid of $352,042.28 and to relieve Environmental Construction Group, LLC without prejudice. Unanimously approved. PENMAR DEVELOPMENT CORPORATION Ron Sulcheck, Chair of the Pen Mar Development Corporation (PMDC) and PMDC members George Griffith, Peggy Bushey, John Hershey III appeared before the Commissioners. Also present was PMDC Executive Director Richard Rook. Mr. Sulchek asked the Commissioners for their support in asking the Delegation to withdraw House Bill 1251. He stated that PMDC would have no continuity if the current Board were dismantled. Mr. Sulcheck cited their ongoing negotiations with Lerner Enterprises for a master developer lease as one of the major items that would be affected by the legislation. He also questioned the Delegation’s designation of it as emergency legislation. Commissioner Snook stated that had requested that the Delegation change the status from emergency legislation to allow for a smooth transition of the Board, but that the Commissioners had not taken a position on other provisions in the legislation. Mr. Sulcheck also provided information on their presentation before the Chamber of Commerce. The meeting was then opened for questions and discussion. Mr. Sulcheck indicated that no formal vote was taken by PMDC to oppose the legislation; however, it was the MARCH 2, 2004 PAGE FIVE consensus of the Board to do so at their strategic planning meeting. The Commissioners agreed to take this request under consideration. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Nipps, to convene in closed session at 3:48 p.m. to discuss a personnel matter that affects one or more specific individuals, consult with staff 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 Nipps, seconded by Munson, to reconvene in open session at 4:45 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter that affects one or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, consulted with staff 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, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Joni Bittner, County Clerk; John Martirano, Deputy County Attorney; Duane Gigeous, Part-time Assistant County Attorney; Cassandra Latimer, Economic Development Commission (EDC) Marketing Specialist; Stephen Christian, EDC Business Development Specialist; Robert Garver, Regional Office of the Department of Business & Economic Development;Richard Rook, Executive Director of the Pen Mar Development Corporation (PMDC); and PMDC members Ronald Sulchek, George Griffith, John Hershey, III, and Peggy Bushey. RECESS The Commissioners recessed at 4:45 p.m. TAX SET-OFF MEETING – TOWN OF FUNKSTOWN The evening session was convened at 7:00 p.m. at the Funkstown Town Hall by President Gregory I. Snook with the following members present: William J. Wivell, Vice President, and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present were Mayor Robert Kline, Assistant Mayor Paul Crampton; and Funkstown Town Council members Kim Ramer, John Phillips, Robert Rodgers, Jr., and Richard Nigh. TAX SET-OFF PROGRAM Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax set-off program. He then reviewed calculations for the services included in the program - parks, highways, and police. Commissioner Snook stated that, for Fiscal Year 2004, the Town is estimated to receive $5,656. Commissioner Snook reminded the Mayor and Council that Town employees are invited to utilize the safety programs offered by the County. He stated that the Town might also want to piggyback onto the County’s overlay contract. Adequate Public Facilities Ordinance Commissioner Snook reviewed the County’s Adequate Public Facilities Ordinance (APFO) with Town officials. He urged the Town to adopt the County’s Ordinance or something similar to address school capacity issues caused by growth in the Town. Commissioner Snook explained that any fees collected by the Town or on their behalf would be used for area schools and infrastructure. The meeting was then opened for questions. The Commissioners stated that County staff would be available to discuss the APFO in more detail. MARCH 2, 2004 PAGE SIX The Commissioners then discussed items of interest to the Town officials. Mayor Kline informed the Commissioners of difficulties the Town is having with the Permits & Inspections Department in attaining the status of building permits using the automated system for assigning permit numbers. The Commissioners agreed to investigate this matter and develop a better system. Barry Warrenfeltz, a resident of Funkstown, also discussed his difficulties in obtaining information on permits. Also discussed were the State’s new Enhanced Nutrient Removal regulations and the need for a turn arrow at the traffic signal near the Funkstown Fire Hall. Commissioner Snook agreed to discuss this item with State Highway Administration officials at the next Transportation Advisory Committee meeting. Council member Kim Ramer read a letter regarding the loss of jobs at Garden State Tanning and questioned how the County and State determine the amount of funding provided for job retention. Commissioner Kercheval explained how the process works in funding incentives for economic development prospects. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Kercheval, to adjourn at 8:10 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ___________________________, County Clerk