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HomeMy WebLinkAbout060110 January 10, 2006 Hagerstown, Maryland The Commissioners met with Sheriff Charles Mades and his staff at 11:30 a.m. for lunch and to tour the Patrol Facility at the Sheriff’s Department. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 1:30 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. 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 Munson informed the Commissioners that the State would release the constant yield rate figures on February 14. He stated that the Governor is proposing to reduce the State property tax rate and suggested that the County consider it as well. Commissioner Nipps stated that she attended the Maryland Association of Counties (MACo) Winter Conference last week and noted that she has requested information from the City of Rockville on its workforce housing program. She informed the Commissioners that she attended the annual awards banquet for the Volunteer Fire Company of Halfway and distributed information that she received on the National Fallen Firefighters Foundation. Commissioner Wivell advised the Commissioners that Ocean City has started a drywall waste recycling project and suggested that the County’s landfill staff look into it. He stated that he attended the MACo Conference and the Delegation’s public meeting on January 7. Commissioner Wivell indicated that approximately one-third of the speakers at the meeting expressed concerns regarding increasing assessments and asked for property tax relief. He stated that he feels the Commissioners should address the issue. Commissioner Kercheval stated that he also attended the MACo Conference and provided information on seminars that he attended. He reported on the Planning Commission meeting and stated that they have scheduled a workshop to discuss Planned Unit Developments (PUDs) on January 18. The Commission’s review of the Maugansville Elementary School site plan revealed that the entrance road would require the demolition of both old school buildings. Kercheval said that the plan should be examined to provide alternative access if the County needs to temporarily keep the old school open to help with capacity issues at area schools until permanent solutions are completed. Commissioner Snook stated that the home sales for the first two weeks in December totaled $44,785,000. He also noted that the Frederick newspaper listed Washington County as having a 19.5% increase in assessments over a three-year period. Commissioner Snook informed the Commissioners that he received correspondence from the Department of Business and Economic Development approved the redesignation of the Hancock Enterprise Zone. He also received a letter from the Department of Natural Resources approving the overlay project at Marty Snook Park. Correspondence from the Emergency Numbers System Board stated that they found that Washington County’s operation “met or exceeded all expectations.” Commissioner Snook reported on the Chamber of Commerce Board meeting and stated that a Manpower survey found that 40% of the respondents indicated that they plan on adding employees during the first quarter of the year. Commissioner Snook reported on the MACo conference and stated that they were informed that they expect the State to approve a requirement for early voting that would require that a site be open for seven days prior to an election. He stated that the Commissioners need to budget for the anticipated costs for this program. JANUARY 10, 2006 PAGE TWO REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, asked for permission to mount a large-scale replica of the County Seal, which was donated to the County, in the Commissioners’ meeting room. After discussion, it was the consensus to approve the request. Dave Hankinson, Director of Human Resources, asked the Commissioners to approve refilling a position in the Purchasing Department. Motion made by Commissioner Munson, seconded by Wivell, to approve advertising to fill the vacant Buyer position in the Purchasing Department. Unanimously approved. APPOINTMENTS – AREA AGENCY ON AGING ADVISORY COUNCIL Motion made by Commissioner Munson, seconded by Nipps, to appoint Donna Palmer, Delores Harmon, and Jeffrey Long to the Area Agency on Aging Advisory Council for three-year terms. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the Interagency Committee (IAC) meeting to hear requests for additional funding has been scheduled for January 18. He stated the Board of Education plans to request additional funding for Maugansville Elementary School, and planning and approval funding for Pangborn Elementary School and Westfields Elementary School. Commissioner Snook asked for clarification on the projects that the IAC would consider for funding. Commissioner Wivell volunteered to attend the meeting on behalf of the County Commissioners. PROPOSED WORKING AGREEMENT WITH MID-MARYLAND LAND TRUST ASSOCIATION Eric Seifarth, Land Preservation Planner, and Peter Vorac, Executive Director of the Mid-Maryland Land Trust Association (MMLTA), met with the Commissioners to discuss entering into an agreement with the MMLTA- to allow for donated easements in Washington County. Mr. Seifarth stated that the demand for purchased easements is continuing to be in excess of the funding and that this option would enable the County to stretch the funding that it does have available. He then reviewed the proposed working agreement with the MMLTA. Mr. Seifarth stated that if this is agreeable, he would proceed to have the County Attorney’s office develop an agreement. Mr. Vorac stated that the MMLTA would work cooperatively with the County to acquire donated easements. He stated that they work in conjunction with the Maryland Environmental Trust. Mr. Vorac noted that they have received Farm and Ranchland Protection Program (FRPP) grants for the purchase of easements and asked that the County provide the 3% match and out-of-pocket costs when easement goes to settlement. Commissioner Wivell asked that this matter be clarified in the memorandum of understanding. Mr. Seifarth recommended that the three percent match be taken from the Agricultural Transfer Tax. The meeting was then opened for discussion and questions. Motion made by Commissioner Wivell, seconded by Munson, to approve the working agreement with the Mid-Maryland Land Trust Association, as clarified, for the easements or other acquisitions of property for preservation purposes and to have staff proceed to prepare a formal agreement. Unanimously approved. ANNUAL REPORT – WASHINGTON COUNTY COMMISSION FOR WOMEN Natalie Rook, President of the Washington County Commission for Women, and Joan Erdesky, member of the Commission, presented a report on the projects that they have completed in 2005. Ms. Rook provided an overview of projects they are currently working on, which include a storybook project with Washington County Detention Center, an essay contest in March to celebrate Women’s History Month, and compiling a book on women in Washington County who were first in their field. She stated that the Commission also prints a semi-annual newsletter; provides legislative briefings; works with Girls Inc. and the Boy’s and Girl’s Club; and is represented on a Health Department committee on teen pregnancy issues. The meeting was opened for questions. Commissioner Snook thanked the JANUARY 10, 2006 PAGE THREE Commission for the report and for volunteering to work with citizens of the County. BID AWARD – DEMOLITION OF FOUR RESIDENTIAL PROPERTIES ALONG MAUGANS AVENUE Motion made by Commissioner Kercheval, seconded by Commissioner Munson, to award the contract for the demolition of four residential properties along Maugans Avenue to Callas Contractors, which submitted the lowest responsive responsible bid of $87,100. Unanimously approved. BID AWARD – EMERGENCY GENERATOR SYSTEM Motion made by Commissioner Wivell, seconded by Munson, to award the contract for one (1) 150kw generator and electrical service upgrades at four (4) Highway Department locations (Option 2) to Ellsworth Electric Company, which submitted the lowest responsive, responsible bid of $126,500. Motion did not carry with Commissioners Wivell and Munson voting “AYE” and Commissioners Kercheval, Nipps, and Snook voting “NO.” Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for two (2) 150kw generators and electrical service upgrades at four (4) Highway Department locations (Option 1) to Ellsworth Electric Company, which submitted the lowest responsive, responsible bid of $199,500. Motion carried with Commissioners Nipps, Kercheval and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” The Commissioners discussed what to do with the current emergency generators and directed Jack Reynard, Highway Fleet Manager, to ask the Board of Education if they could utilize them in the schools. LAND PRESERVATION STAFFING PROPOSAL Michael Thompson, Director of Planning, met with the Commissioners to request that they consider his request to hire a planner to assist with the County’s land preservation efforts. Mr. Thompson stated that the County has significantly increased its preservation efforts over the past four years and feels that additional help is needed to administer the programs. He proposed that a Planner (Grade 11) be hired. Funding for the position could be taken from the Agricultural Land Transfer Tax or Rural Legacy Program. The meeting was then opened for questions and discussion. Commissioner Kercheval asked that the job description for the position be changed to allow other functions in the Planning Department to be absorbed by this individual if necessary. Motion made by Nipps, seconded by Kercheval, to approve the request to hire an additional planner (Grade 11) to assist with the County’s land preservation efforts, with the revisions proposed for the job description. Motion carried with Commissioners Nipps, Kercheval, Munson and Snook voting “AYE” and Commissioner Wivell voting “NO.” APPROVAL TO EXTEND APFO DEADLINE FOR MUNICIPALITES John Martirano, County Attorney, stated that the Board of County Commissioners previously agreed to allow municipalities 60 days from the adoption of the County’s Adequate Public Facilities Ordinance (APFO) to adopt a town APFO ordinance that is compliant with the County APFO as required by the Building Excise Tax Ordinance and Section 2-701 of the Code of Public Local Laws in order to receive the municipal share of the building excise tax. Mr. Martirano stated that the time has run out and, due to the complexity and amendments made to the ordinance, he asked the Commissioners to consider extending the deadline to 120 days to allow them to revise or adopt a compliant ordinance. Motion made by Commissioner Nipps, seconded by Kercheval, to extend the deadline to Washington County municipalities to 120 days in order to allow additional time for adoption of a town APFO that is in compliance with the County ordinance. Unanimously approved. BROADFORDING ROAD BRIDGE – CLOSE OUT CHANGE ORDER Motion made by Commissioner Wivell, seconded by Munson, to approve the final change order with Building Systems, Inc. for a decrease of JANUARY 10, 2006 PAGE FOUR $32,263.21 to the Broadfording Road Bridge rehabilitation contract. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:37 p.m. to consult with counsel to obtain legal advice, consult with staff about pending or potential litigation, and discuss an appointment to a board over which the County Commissioners have jurisdiction, 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 Wivell, to reconvene in open session at 4:32 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter, consulted with staff about pending or potential litigation, and discussed an appointment to a board over which the County Commissioners have jurisdiction. Present during closed session were Commissioners William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; and Mike Thompson, Director of Planning. RECESS The Commissioners recessed at 4:32 p.m. TAX SETOFF MEETING – TOWN OF BOONSBORO The evening session was convened at 7:00 p.m. at the Boonsboro Community Center 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. Commissioner Snook offered his condolences on the death of Boonsboro Councilman Gene Smith. TAX SETOFF 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 setoff program. He then reviewed calculations for the services included in the program - parks, highways, and police. Commissioner Snook stated that, for Fiscal Year 2006, Boonsboro is estimated to receive $84,715. Commissioner Snook reminded the Town that their employees are welcome at any County safety courses that are offered by the County. He stated that the State has not disclosed the amount of funding that would be provided through Program Open Space, but they are hopeful that there will be an increase. Commissioner Snook also provided a brief update on the radio communications project. Commissioner Snook congratulated the Town for taking a pro- active stance with regard to adoption of an Adequate Public Facilities Ordinance (APFO). He stated that the County wants to make sure that the ordinances adopted by the municipalities are consistent with the County’s APFO. Commissioner Snook noted that the County’s Finance Director has developed a uniform reporting process for the towns to report the collection of the building excise tax. Mayor Kauffman stated that he realizes that Boonsboro’s APFO must be as strong as County’s in order to receive 28% of the tax collected in Boonsboro, and provide adequate school facilities. However, he expressed concerns that this would bring development to a halt in the Town and would hinder projects they would like to initiate, such as a by-pass and the water and sewer project. Commissioners Snook and Kercheval outlined the mitigation section, which would allow the development to proceed if an agreement can be negotiated to provide capacity for the additional students the development would generate. JANUARY 10, 2006 PAGE FIVE Commissioner Kercheval indicated that they are asking that a permanent solution be instituted within a three-year period, but that temporary solutions, such as portables, may be considered until those permanent solutions are in place. The Council also discussed concerns regarding affordable housing. Commissioner Snook stated that they are considering various programs outlined in the Workforce Housing Task Force’s report to help alleviate the problem. John Kendle, Town Manager, informed the Commissioners that the Town would be requesting designation of the downtown area as a ”redevelopment area” to qualify for a building excise tax exemption under the Washington County Building Excise Tax Ordinance for both residential and non-residential uses. Commissioner Snook stated that they would put this item on the agenda for discussion. Rich Hawkins, Town Council member, stated that the Friends of the Boonsboro Library have raised $1,013,117 to date for construction of the new branch library in Boonsboro, which does not include the County’s $200,000 contribution. The branch is estimated to cost $1,352,250. Gary Rohrer, Director of Public Works, stated that the architect is finalizing design documents and that they hope to have the notice to proceed to the contractor by the first part of May, with a spring 2007 opening. Mr. Rohrer stated that the project was delayed due to unanticipated stormwater issues on the site. Councilman Chambers informed the Commissioners that the Library Committee is recommending that the library be called the Boonsboro Free Library – a Branch of the Washington County Free Library. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 8:10 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ______________________, Clerk