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HomeMy WebLinkAbout060124 January 24, 2006 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 – JANUARY 17, 2006 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of January 17, 2006, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Mary Nelson (County Commuter), Kristin DeBold (Engineering), and Robert Long II, Brandon Physioc, and Robert Harris (Detention Center). The Commissioners welcomed the new employees and wished them well in their positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson suggested that the Commissioners consider lowering the assessment cap to 5% on residential property and reducing the property tax rate to the constant yield tax rate. Commissioner Wivell stated that he believes they would have had to lower the rate last November. He asked Richard Douglas, County Attorney, to check the regulations on this matter. Commissioner Wivell also asked that the Budget & Finance Department make a presentation to them regarding the constant yield tax rate. Rodney Shoop, County Administrator, suggested that they include it in the budget presentation when revenues are presented. Commissioner Nipps stated that she attended the Planning Commission’s workshop on planned unit developments (PUDs) and the presentation of the City of Hagerstown’s Comprehensive Plan. She stated that she attended the installation ceremony for the new officers on the Commission on Aging Board of Directors. Commissioner Nipps reported on the Airport Advisory Commission meeting and provided an update on the runway improvement project. Commissioner Wivell informed the Commissioners that he attended the Board of Public Works meeting to appeal for additional money for Maugansville and Pangborn Elementary Schools. He stated that he attended the presentation on the City’s Comprehensive Plan and the ribbon-cutting ceremony for the new Sheetz store on Pennsylvania Avenue. Commissioner Wivell stated that he also attended Williamsport Volunteer Fire Company’s awards banquet and participated in Citizens on Patrol. He reported on the Board of Social Services meeting. Commissioner Wivell stated that he met with the Sheriff regarding the central booking procedure and will work with City Council member Penny Nigh to draft an operating agreement with the City. He informed the Commissioners that the State budget does not provide adequate funding for the salary and wage increases being proposed for Health Department employees and asked that the Maryland Association of Counties make this one of their initiatives. Commissioner Kercheval reported on the Planning Commission workshop and Local Management Board meeting. He also attended the presentation of the City’s Comprehensive Plan and commented that, based on their 20 year growth plan, there may be a need for four new elementary schools, one new middle school, and one new high school to support the City’s growth. Future consideration should be given to finding land for these new schools as the City continues to grow. Commissioner Kercheval stated that they learned at the recent Metropolitan Planning Organization (MPO) meeting that Washington County was designated a “non-attainment” area for particulate matter. New federal clean air regulations on particulate matter levels would require that all major road projects in the County be tested for compliance with these regulations. He also indicated that, JANUARY 24, 2006 PAGE TWO based on comments in the recent Federal audit of the MPO, a full-time administrator would be required for future administration of the MPO. Funding of this position would be shared by Maryland and West Virginia out of designated MPO monies and would require a County match in cash or “in-kind” services. Commissioner Kercheval informed the Commissioners that he met with Boonsboro’s Town Manager to discuss a subdivision in that area. Commissioner Kercheval stated that he met with members of the Greater Hagerstown Committee, Chamber of Commerce, and CHIEF regarding hiring a lobbyist to assist the Delegation on issues of importance to Washington County. He stated that these three agencies have asked County government to join their efforts and be an equal funding partner, with each agency contributing $3,000, for a total cost of $12,000. Commissioner Kercheval outlined the following four issues where efforts would be focused: 1) water and sewer funding upgrades, 2) gaming issues, 3) Edgewood Drive and Route 40 improvements, and 4) the emergency radio communications system. The lobbyist would also schedule a day in Annapolis to meet with legislators on issues of importance to the County. The County’s contribution would be $3,000. The meeting was then opened for discussion and questions. Motion made by Commissioner Kercheval, seconded by Nipps, to contribute $3,000 to participate with Greater Hagerstown Committee, the Hagerstown-Washington County Chamber of Commerce, and CHIEF, to hire a lobbyist to promote Washington County’s interests during the 2006 legislative session, with funds to be taken from the Commissioners’ contingency fund. Motion carried with Commissioners Kercheval, Nipps, and Snook voting "AYE" and Commissioners Wivell and Munson voting “NO.” Commissioner Snook expressed concerns with the air conformity issues that were discussed at the MPO meeting. He stated that the County would have to go through an analysis for each major project. Commissioner Snook stated that he received a notification from FEMA that the County’s mitigation plan was approved and the County is now eligible for federal assistance for disasters. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the School Design Review Committee completed its review of Callas stadium. He stated that he would be meeting with the Budget and Taxation Committee on the impacts of withholding highway user revenues. Mr. Rohrer indicated that a transition plan has been developed for the Highway Department in light of the announcement of Ted Wolford’s retirement as Superintendent. John Latimer, IV, Emergency Services Director, informed the Commissioners that the Williamsport Ambulance Company has merged with the Williamsport Volunteer Fire Company and will be relocating to the Fire Company’s facility. He stated that this is a positive move and commended them for their efforts. Mike Thompson, Director of Planning, stated that the quarterly rezoning hearing in March will be expanded to at least two meetings due to the number of cases. RECOGNITION OF THEODORE “TED” WOLFORD – HIGHWAY SUPERINTENDENT Commissioner Snook presented a Certificate of Merit to Ted Wolford in recognition of his faithful and dedicated service to County government in serving as a department head at the Highways Department for 34 years. Mr. Wolford thanked the Commissioners for the Certificate and stated that his success is due to the employees who have worked with him over the years. CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW Debra Murray, Director of Finance; Gary Rohrer, Director of Public Works; and Mike Thompson, Director of Planning, met with the Commissioners to provide an initial overview of the 2007- 2012 Capital Improvement Program (CIP) budget for the Commissioners’ review. Ms. Bastian emphasized that JANUARY 24, 2006 PAGE THREE it is a draft document and will require revisions before it is finalized for consideration at the budget hearing. She stated that it would be done slightly differently this year since she is still waiting for submissions from an outside agency and does not have a total budget figure. At this time, the Commissioners began a page-by-page review of the specific projects requested in drainage projects, bridges, and water and sewer projects. CITIZENS’ PARTIPATION Ron Maynards asked about construction work being awarded to local contractors. Commissioner Snook explained the County’s bid process. CHANGE ORDER – PEN MAR WATER FACILITIES PROJECT Motion made by Commissioner Munson, seconded by Wivell, to approve a change order with Mid-Atlantic Utilities for the PenMar Water Facilities project for a decrease of $245,877.50, due to adjustments in the contract decreasing the depth of pipes from 4½” to 3”. Unanimously approved. PUBLIC SAFETY RADIO COMMUNICATIONS STATUS REPORT Gary Rohrer, Director of Public Works, and David McCobin, lead consultant from L. Robert Kimble & Associates, met with the Commissioners to provide a status report on the public safety radio communications project. Mr. Rohrer reviewed the project timeline and Mr. McCobin outlined the scope of the project. He stated that the current equipment is aging and would soon become obsolete. He also stated that the project upgrade would provide better radio coverage, better interoperability, and allow for future enhancements. Mr. McCobin reviewed the scope of the project and the timeline. He indicated that they hope to begin implementation in the third quarter of 2006. At this time the meeting was opened for questions from the Commissioners. RECESS – LUNCH The Commissioners recessed at 11:49 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:06 p.m. by President Gregory I. Snook with the following members present: Commissioners James Kercheval, John Munson, and Doris Nipps. (Commissioner Wivell arrived at 1:18 p.m.) UPDATE – WATER & SEWER INFRASTRUCTURE COMMISSION Merle Elliott, Chairman of the Water & Sewer Infrastructure Commission, met with the Commissioners to provide an update on the Commission’s activities and their preliminary observations, conclusions and recommendations. Mr. Elliott stated that the Commission members were divided into the following sub- committees: Facilities and Organization; Debt, Finance and Accounting Structure; Legal Issues and Labor Relations; and Planning and Environmental. He reviewed the responsibilities and goals of each workgroup and the committee members assigned to each workgroup. Mr. Elliott outlined the responsibilities of the Commission as delineated in House Bill 1211 and their charge to identify critical areas of need with regard to water and sewer services in Washington County and how to meet Washington County’s water and sewer needs through 2055, to include the options of consolidation or regionalization of services, joint service agreements, or regional authorities. He stated that the Commission has begun to fine-tune its recommendations with the final report due in June 2006. Mr. Elliott indicated that he did not want to get into specifics about what would be in the final report but emphasized the need for compliance with state and federal regulations, careful planning, and establishing priorities. He noted that all entities should coordinate facilities in the County to assure maximum benefit for the citizens and suggested that this be done on a more formalized basis. Mr. Elliott stated that if a merger or consolidation is considered, it would JANUARY 24, 2006 PAGE FOUR require careful consideration of financial values and more study than the Commission is capable of providing, as well as the creation of an independent body to provide oversight. The meeting was then opened for questions. REVIEW OF 2005 GOALS Rodney Shoop, County Administrator, reviewed the process used to update the County’s goals. Staff members reviewed the 2005 goals and the action plans and outcomes associated with each one. Goal #1 - Adopt rural area zoning after consideration of equity and land preservation. Mike Thompson, Planning Director, reviewed the action planning worksheet for this goal. Mr. Thompson stated that Rural Area Zoning was adopted in July 2005. He indicated that they are still working with the Agricultural Preservation Advisory Board with a target date of August to present recommendations to the Commissioners on consideration of an equity and land preservation program. Mr. Thompson indicated that they are also working to review Comprehensive Plan regulations and other ongoing issues. Goal #2 - Work with municipalities to develop residential and business tax incentive programs in designated areas. Tim Troxell, Executive Director of the Economic Development Commission (EDC), reviewed the action plan for Goal #2. Mr. Troxell stated that the Commissioners approved recommendations from the EDC Intergovernmental Committee on excise tax area exemptions. He indicated that the Committee is scheduled to meet next week and they are expecting requests from Boonsboro and Funkstown to designate redevelopment areas. Mr. Troxell noted that the Town of Hancock had its enterprise zone redesignated. He stated that the Commissioners have not yet adopted a resolution regarding tax credits for the Arts and Entertainment District. Mr. Troxell indicated that the Committee would like the City of Hagerstown to approve a plan regarding residential tax credits before they bring it before the Commissioners for consideration. Goal #3 - Appoint a task force to develop recommendations to address affordable housing. Richard Willson, Chair of the Workforce Housing Task Force, reviewed the action plan and stated that the Task Force presented its recommendations to the Commissioners in October 2005. He stated that the Committee is working on a list of strategies that the County could consider and are close to making recommendations. He urged the County to have staff take a stronger role and suggested that the County establish a housing trust fund. Goal #4 - Improve the planning process for construction and renovation of school facilities. Develop policies to manage growth as it relates to school capacity. Mike Thompson, Director of Planning, reviewed Goal #4 and the associated action plan. He stated that the Board of Education has hired a planner and they are working with her regarding school sites. Mr. Thompson informed the Commissioners that they are working with the Board regarding the other issues. The Board of Education has adopted a School Facilities Plan. Goal #5 - Develop a long-range plan for the future use of the Forty West Landfill. Robert Davenport, Director of the Department of Solid Waste, reviewed the progress on the 2005 goal to develop a long-range plan for the future use of the Forty West Landfill. Mr. Davenport stated that waste reduction and recycling strategies were prioritized and a flow chart developed for capacity efficiency. Harvey Hoch, Recycling Coordinator, provided information on e-cycling and the recycling program that is being instituted by the City. Mr. Rohrer stated that the staff is considering reactivating the rubble landfill. Goal #6 - Develop policies and procedures to initiate the implementation of the Emergency Medical Services Master Plan. JANUARY 24, 2006 PAGE FIVE John Latimer, Emergency Services Director, discussed the action plan for Goal #6. He stated that the Plan should be in draft form by next month and presented to the City Council in February. Mr. Latimer indicated that they hope to have it formally adopted in late spring. Goal #7 - Initiate an evaluation of all plans, policies, procedures and ordinances that relate to growth management. Mr. Rohrer stated that action item 4 was implemented. He informed the Commissioners that the staff determined that the pivotal point is the subdivision regulations. Mr. Rohrer stated that it was the consensus to look at one ordinance at a time and make changes to other documents as it affects them. He indicated that they hope to meet with the Planning Commission in March and feel this goal should be continued into 2006. PURCHASE OF RIGHT-OF-WAY FEE SIMPLE AND EASEMENTS – MAUGANS AVENUE Motion made by Commissioner Munson, seconded by Kercheval, to approve the purchase of right-of-way fee simple and easements from Charles and Fern Weaver at 18545 Maugans Avenue in the amount of $11,260, which are needed for the Maugans Avenue improvement project. Unanimously approved. BID AWARD – SANDY HOOK WASTEWATER TREATMENT PLANT IMPROVEMENTS & BUDGET TRANSFER REQUEST Motion made by Commissioner Nipps, seconded by Wivell, to award the contract for improvements to the Sandy Hook Wastewater Treatment Plant to Callas Contractors, Inc., which submitted the lowest responsible, responsive bid of $494,000 and Alternate A in the amount of $44,900 for a total of $538,900, and to approve the budget transfer of $125,804 from the Oak Ridge Pump Station project to the Sandy Hook Treatment Plant Upgrade to cover expenses of the bid award and adjustment of grant amount. The award is contingent upon Department of Environment approval. Unanimously approved. CONSTRUCTION INSPECTION SERVICES – APPROVAL TO PROCEED WITH NEXT LOW PROPOSER Karen Luther, Purchasing Agent, stated that, due to the non- responsiveness of the present contractor to supply inspectors to the County, she is requesting authorization to proceed in contacting the next lowest responsive, responsible proposer, Hillis-Carnes Engineering Associates, for the Construction/Building Inspection Services, until a new contract can be awarded. After discussion, it was the consensus of the Commissioners to approve Ms. Luther’s request. YOGI BEAR’S JELLYSTONE PARK CAMPGROUND SEWER CONNECTION FEES The Commissioners discussed the request made by Ron Vitkun, owner of Yogi Bear’s Jellystone Park Campground, to allow them to establish a five-year payment plan for the sewer connection fees and benefit charges for the upgraded design of the sewage pump station and force main. Tim Troxell, Executive Director of the Economic Development Commission, stated that when the Commissioners approved Rehoboth United Methodist Church’s petition to allow their future development to connect to the system, it affected the design of the pump station for the upgrades to support the additional development. Commissioner Nipps provided information on additional taxes that would be raised by the expansion of the campground. The Commissioners discussed the issue. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request made to establish a five-year payment plan for the sewer connection fees and benefit charges for Yogi Bear’s Jellystone Park Campground, with no interest. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” LANDMARK EQUIPMENT – EXCISE TAXES ASSOCIATED WITH PROPOSED EXPANSION/RELOCATION The Commissioners discussed the request heard at last week’s meeting toconsider granting an exemption or reduction in the excise tax for the JANUARY 24, 2006 PAGE SIX portion of Landmark Equipment’s expansion/relocation that meets the criteria for an agricultural exemption. Mr. Troxell, Executive Director of the Economic Development Commission, provided information from Landmark Equipment documenting the percentage of business sales that are agricultural over the last two years. Mr. Troxell stated that an average of 84.35% were agricultural sales. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Wivell, to approve the request made by Landmark Equipment, LLC and exempt 85% of the portion of the excise tax for the new buildings dedicated to agricultural/farm construction that qualifies under the agricultural exemption. Unanimously approved. UNITED WAY AND COMMUNITY HEALTH CHARITIES UPDATE Angela Helfrick, Chair of the County’s United Way and Community Health Charities campaign, provided an update to the Commissioners on the contributions made in 2005. Ms. Helfrick stated that County employees donated a total of $59,759, with $49,657 going to United Way and $10,102 to Community Health Charities. She noted that this amount was $9,759 over the goal for 2005. Mr. Shoop congratulated Ms. Helfrick on receiving the 2005 Spirit Award from United Way for her efforts. Ms. Helfrick recognized Bardonna Woods, Bob Jones, Paula Fisher, John Pennesi, Henry Renner, and Sgt. Daryl Long for their assistance in serving as team leaders or helping with projects during the United Way Day of Caring. She stated that Washington County employees received an outstanding achievement award. The Commissioners then drew names to determine the winners of the incentive prizes for the 2005 United Way campaign. Henry Pepple, Jan Davenport, and Robert Whittington were the winners of three Prime Outlet gift certificates. EARLY INTERVENTION PROJECTS FUND – FY 2006 Stephanie Stone, Director of the Washington County Community Partnership for Children and Families (WCCP), informed the Commissioners that they recently reviewed concept applications for the award of Early Intervention Projects for a short-term project or short services that meet a “gap” or short-term need locally. Ms. Stone stated that $5,391 is available for projects that meet the program guidelines. She stated that the Review Panel recommended that $2,000 be awarded to the Maryland Symphony Orchestra Guild for “Using Music As An Early Intervention Tool” and $3,391 to APPLES for Children, Inc. for a seminar project with the Washington County School Readiness Collaboration for Dr. Becky Bailey’s “Conscious Discipline Professional Development for Early Caregivers and Educators, Parents and Other Family Members” program. Motion made by Commissioner Nipps, seconded by Wivell, to approve the recommendation to award $2,000 to the Maryland Symphony Orchestra Guild for “Using Music As An Early Intervention Tool” and $3,391 to APPLES for Children, Inc. for a seminar project with the Washington County School Readiness Collaboration for Dr. Becky Bailey’s “Conscious Discipline Professional Development for Early Caregivers and Educators, Parents and Other Family Members” program. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 4:02 p.m. to consult with counsel to obtain legal advice, consult with staff about pending litigation, 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Wivell, to reconvene in open session at 4:57 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 JANUARY 24, 2006 PAGE SEVEN potential litigation, and considered a matter that concerns a proposal for a business or industrial organization 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 M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Michael Thompson, Director of Planning; and Greg Murray, Director of the Department of Water Quality. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 4:57 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ______________________, Clerk