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HomeMy WebLinkAbout060425 April 25, 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 – APRIL 18 and 19, 2006 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of April 18 and 19, 2006, as amended. Unanimously approved. PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK Commissioner Snook presented a proclamation to Jill Ritter and Jennifer Bricker, representing the Victims’ Rights Unit of the State’s Attorney’s Office, designating the week of April 23-29, 2006, as National Crime Victims’ Rights Week and asking all citizens to join forces with victim service programs, criminal justice officials, and concerned citizens in this observance. Ms. Ritter thanked the Commissioners for the proclamation and informed them of activities planned to commemorate National Crime Victims’ Rights Week. PROCLAMATION – NATIONAL COUNTY GOVERNMENT WEEK Commissioner Munson presented a proclamation to representatives of the Emergency Services Department, Sheriff’s Department, Health Department, Washington County Volunteer Fire & Rescue Association, and Special Operations Unit, designating the week of April 23-28, 2006, as National County Government Week and commending its observance to all citizens, with the theme “Protecting Our Communities” and honoring those County services that protect residents from natural disasters, terrorist attacks, crime and drug abuse. Commissioner Snook thanked all County employees and volunteers for their dedication in helping to protect Washington County and its citizens. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on meetings of the Historic District Commission, Recreation & Parks Board, and Airport Advisory Commission. She informed the Commissioners that the County would be receiving $2.8 million in Program Open Space (POS) funding from the State. Commissioner Nipps stated that she met with Congressman Bartlett to tour the Hagerstown Regional Airport. She also reported on the Beaver Creek Watershed meeting and stated that time would be scheduled on the agenda for this presentation to made to the Board. Commissioner Munson reported on the Agricultural Education Center Board meeting. Commissioner Wivell reported on the Gang Awareness Task Force meeting. Commissioner Kercheval reported on meetings of the Public Golf Corporation, Local Management Board, Mental Health Advisory Committee, and 2+2 Committee. He stated that he judged the science fair at Pangborn Elementary School and spoke to the Paramount Elementary CAC group. Commissioner Kercheval also met with the Chairman of the Board of Directors for Holly Place regarding their long range planning. Commissioner Snook distributed a copy of a letter he received from the State Highway Administration regarding their policy on noise barriers along interstate highways. He reported on the rankings of Maryland, Pennsylvania, Virginia and West Virginia Quad State Business Journal. on economic factors as found in the RealtorMagazine Commissioner Snook stated that lists the average home price in Washington County for February 2006 as $252,000 and provided information from the Trend report on home sales. He noted that home sales have declined in Washington County and in the State. Commissioner Snook reminded the Board that the Elks Club will hold Flag Day ceremonies on June 11 at the Hagerstown Community APRIL 25, 2006 PAGE TWO College Amphitheater. Commissioner Snook reported on the meetings of the Hagerstown-Eastern Panhandle Metropolitan Planning Organization (MPO) and the Emergency Services Committee meeting. Commissioner Snook informed the Commissioners that Gary Rohrer, Director of Public Works, has asked for authorization to advertise the FY 2007 Pavement Maintenance Program for bids. It was the consensus of the Commissioners to proceed to bid the project. REPORTS FROM COUNTY STAFF Mike Thompson, Director of Planning & Community Development, provided comments from the State Highway Administration on the I-81 improvement project. Mr. Thompson informed the Commissioners that there is a May 1 deadline for Mr. Schuster to make application for a workforce housing-type project as presented at last week’s meeting. He reminded them that Mr. Schuster had requested that the excise tax fee be reduced from $15,500 per unit to $1.00 per foot to allow for the construction of one and two-bedroom units of workforce housing. It was the consensus of the Commissioners not to reduce the excise tax for this project. Motion made by Commissioner Wivell, seconded by Nipps, to authorize filling the vacant Senior Plant Operator vacancy at the Water Quality Department. Unanimously approved. COUNTY ATTORNEY ISSUES County Attorney John Martirano asked the Commissioners if they wanted to add Potomac Case Management Services, Inc. to the list of non-profit organizations to which the County Commissioners may contribute funds pursuant to Section 1-108. Mr. Martirano stated that he has been informed that the agency is not eligible for Gaming funds for the project they specified. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to place Potomac Case Management Services, Inc. on the list of non-profit organizations to which the County Commissioners may contribute funds, pursuant to Section 1-108, Code of the Public Local Laws of Washington County, Maryland. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” REAPPOINTMENTS – ADULT PUBLIC GUARDIANSHIP REVIEW BOARD Motion made by Commissioner Wivell, seconded by Munson, to reappoint Sally Clopper and to waive the two-term limit policy and reappoint Cynthia Pellegrino to the Adult Public Guardianship Review Board for three-year terms. Unanimously approved. CONTINUATION OF FY 2007 BUDGET DISCUSSIONS The Commissioners discussed the proposed Fiscal Year 2007 budget and reviewed a draft of the General Fund revenues and expenditures. Debra Murray, Director of Finance, and Kim Edlund, Assistant Director, provided information on the changes that were made from Draft #2 to Draft #3 of the proposed budget. They reviewed the income tax revenue projections and other revenue projections. Ms. Murray stated that she had budgeted conservatively due to increased interest rates and in the event that housing construction slowed down. She also noted that the draft #3 of the budget assumes that the requested increases in fees for Permits & Inspections and Planning, and the increases relating to the Sheriff’s Department were approved. Ms. Murray reviewed the changes made in the proposed expenditures budget. Commissioner Snook distributed a copy of a letter from the Hagerstown Mayor and Council requesting additional funding for the Arts and Entertainment District project, the parking deck, and the demolition of a building on East Washington Street. Commissioner Snook also asked that a placeholder of $25,000 be put in budget in the event that it is needed to pay for the services of a medical director to monitor emergency medical service calls. APRIL 25, 2006 PAGE THREE The Commissioners then began discussions of the proposed tax rate and potential tax relief proposals. Ms. Murray offered options to provide tax relief based on previous discussions by the Commissioners. The Commissioners discussed the options and provided their views. Motion made by Commissioner Kercheval, seconded by Nipps, to provide $150 to each owner-occupied tax account using the $5 million surplus from fiscal years 2005 and 2006 by separate check distribution in June 2006. Unanimously approved. It was the consensus of the Commissioners to include a placeholder of $1 million in the FY 2007 budget for implementation of a County homeowner tax credit program to supplement the State program. Motion made by Commissioner Kercheval, seconded by Nipps, to take the Fiscal Year 2007 General Fund budget to public hearing at the current property tax rate of $.948 per $100 of assessed full value on May 9, 2006 as proposed by staff with the adjustments made to date. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson and Wivell voting “NO.” CITIZENS PARTICIPATION Daniel Moeller asked the Commissioners that information on plans for dealing with a possible avian flu epidemic along with the County’s emergency evacuation plan be placed on the County’s website. He reminded them that the County goals call for a TDR Program to be in place by August 2006. Diane Eves thanked the Commissioners for the tax relief and the supplemental homeowners’ tax credit program that were approved this morning. Bob Harsh, owner of County Medical Transport, asked for information regarding the contract awarded for ambulance services for the Health Department. Commissioner Snook directed Mr. Harsh to discuss this with the Purchasing Agent. Al Martin, Finance Director for the City of Hagerstown, provided an update on the Downtown Arts and Entertainment District and parking deck projects. He thanked the Commissioners for their past commitment of funding. Mr. Martin informed the Commissioners that unexpected additional costs occurred with the parking deck project. The City has increased its funding, but they are also requesting that the County provide an additional $300,000 for this work as well as the East Washington Street portion of the project. After discussion, the Commissioners took this request under consideration. Bob Darby complimented the County on its recycling program and informed them of safety issues at the Maugans Avenue exit ramp off Interstate 81. JOINT PUBLIC HEARING – MODIFICATION OF CHARGES, RENTALS, AND FEES – HAGERSTOWN REGIONAL AIRPORT A joint public hearing of the Board of County Commissioners and the Hagerstown Regional Airport Advisory Commission was convened at 11:17 a.m. to hear testimony regarding the proposed increase in current charges, rentals and fees at the Airport. Also present at the hearing were Airport Advisory Commission members Spence Perry and Tom Henderson. Carolyn Motz, Airport Manager, reviewed the proposed rates and charges. She stated that the average increase in rates being requested is 4%. The meeting was then opened for public comment. There was no one present who wished to comment. The hearing was closed at 11:23 a.m. ENTERPRISE GIS OFFICE – FINAL IMPLEMENTATION PLAN Bud Gudmundson, GIS Coordinator, and Heidi Hammel, KCI Technologies, met with the Commissioners to provide an update on the GIS Subcommittee and the final implementation plan for the Enterprise GIS Office. Mr. Gudmundson stated that this office would be established as part of the Information Technology (IT) Department. Ms. Hammel then presented information on the background and common uses of GIS in businesses and APRIL 25, 2006 PAGE FOUR enterprises. She reviewed the proposed three-year phase-in plan and corresponding budget. Mr. Gudmundson explained that the GIS Office would manage the central database and intra-net GIS, coordinate GIS development in user departments, and enforce standards. He explained that the differences in the budget for the interim plan and final implementation plan were for the difference proposed in staffing. While the consultant is recommending that the GIS Department be staffed with 5 employees over a two-year period, the County Task Force recommended three employees over two years. Commissioner Snook asked Mr. Gudmundson to contact Tri-County Council to see if grant funding was available for this endeavor. The meeting was then opened for questions. Mr. Gudmundson asked for the Board’s continued support of the project. RECESS - LUNCH The Commissioners recessed at 12:10 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 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. PUBLIC HEARING – MODIFICATION AND RESTRUCTURING OF FEE SCHEDULES – DEPARTMENT OF PERMITS AND INSPECTIONS The Commissioners convened a public hearing at 1:15 p.m. in order to permit public comment concerning the proposed modification and restructuring of fee schedules governing all building work performed under the 2005 National Electrical Code, the 2003 International Residential Code for One and Two-Family Dwellings, the 2003 International Building Code, the 2003 International Plumbing Code, and the 2003 International Mechanical Code. Daniel DiVito, Director of Permits and Inspections, and Angela Smith, Deputy Director, reviewed the new fee schedule. Mr. DiVito stated that it would make the County competitive with surrounding jurisdictions and generate revenues to cover the cost of providing services. The meeting was then opened for public comment. Debbie Turpin, Executive Director of the Home Builders Association, expressed concern with the state of the housing market in the County. She stated that the Association supports the hiring of additional Building Inspectors. Taylor Oliver spoke in support of the increase in fees. He suggested that the County consider adopting a goal of thirty (30) calendar days to approve or deny permits. He further suggested that if a permit is not approved within that time frame, the builder would be permitted to begin construction but only in compliance with County regulations. The hearing was closed at 1:35 p.m. PUBLIC HEARING – PROPOSED NEW FEE SCHEDULE – PLANNING DEPARTMENT The Commissioners convened a public hearing at 1:35 p.m. to permit any interested person to appear and testify concerning the proposed adoption of a resolution adopting a new fee schedule for the Washington County Planning Department. The fees would be charged pursuant to the Zoning Ordinance for Washington County, Maryland, the Subdivision Ordinance for Washington County, Maryland, the Forest Conservation Ordinance for Washington County, Maryland, and other administrative fees. The new fee schedule would be effective July 1, 2006. The meeting was then opened for public comment. Debbie Turpin, Executive Director of the Home Builders Association, spoke in opposition to the proposed fee increases. No one else desired to comment and the hearing was closed. MEMORANDUM OF UNDERSTANDING – MID-MARYLAND LAND TRUST ASSOCIATION, INC. Eric Seifarth, Land Preservation Planner, and Jack Moran, President of the Mid-Maryland Land Trust, Inc., reviewed the proposed Memorandum of Understanding (MOU) relating to donated and purchased easements acquired through Mid-Maryland Land Trust, Inc. Mr. Seifarth stated that the MOU would still allow for purchased agreements. The meeting was then opened for questions and discussion. Motion made by Commissioner Wivell, seconded by Munson, to enter into a Memorandum of Understanding (MOU) with the Mid-Maryland Land Trust Association, Inc. providing for cooperation and coordination between APRIL 25, 2006 PAGE FIVE Washington County and Mid-Maryland land Trust, Inc. relating to donated and purchased easements of agricultural land in Washington County. Unanimously approved. COUNTY AGRICULTURAL TRANSFER TAX – RURAL LEGACY EASEMENT SETTLEMENT Eric Seifarth, Land Preservation Planner, met with the Commissioners to present the request made by Dennis and Sylvia Frye to permit the temporary use of County Agricultural Transfer tax funds in the amount of $300,795.44 for a limited period of time in order to fund their Rural Legacy easement settlement, contingent upon the Department of Natural Resources funds being sent to the County prior to the May 5 settlement. The Rural Legacy funds would then be used to reimburse the County funds. Mr. Seifarth explained that the Frye’s have been working with the County for several years to settle a Rural Legacy easement with FY 2004 funds. The state held up all funds in 2005 due to budget issues. By the time the funds were cleared for easement settlements, the Frye’s bank had sold the loan to another bank. However, if they can settle the easement before May 9, they can receive a much better rate with Mid-Atlantic Farm Credit. Since the State Board of Public Works does not meet to approve this item until May 3, they would need 10 days to process easement checks through the Budget and Finance Department and allow the settlement attorney to clear the check. Mr. Seifarth stated that one solution would be to front the money using the local Agricultural Transfer Tax Fund and then repay the fund from the Rural Legacy check. He stated that the Agricultural Land Preservation Advisory Board has recommended against this option. The meeting was then opened for discussion. Motion made by Commissioner Munson, seconded by Nipps, to approve the request to permit the use of County Agricultural Transfer tax funds in the amount of $300,795.44 for a limited period of time in order to fund the Frye Rural Legacy easement settlement, contingent upon the Department of Natural Resources funds being sent to the County prior to the May 5 settlement. Unanimously approved. CONTRACT RENEWAL – ELECTRICIAN SERVICES AT COUNTY FACILITIES Motion made by Commissioner Munson, seconded by Nipps, to renew the contract for electrician services at County facilities to Kube Electric Co., Inc., with the requested 5% increase in labor rates for FY 2007. Unanimously approved. CONTRACT RENEWAL – PLUMBING & HEATING MAINTENANCE SERVICES Motion made by Commissioner Munson, seconded by Nipps, to renew the contract for plumbing and heating maintenance services with Beaver Mechanical Contractors, Inc. with a 2% increase in the hourly rate for a plumber’s helper for non-routine hours, a 2% increase in hourly rates for a plumber during routine regular working hours, and a 2% increase in hourly rates for a plumber during evenings, Saturdays, Sundays and holidays for FY 2007. Unanimously approved. CONTRACT RENEWAL – TRASH REMOVAL SERVICESAT COUNTY FACILITIES Motion made by Commissioner Munson, seconded by Nipps, to renew the contract with Allied Waste Services (formerly BFI Waste Services, LLC) for trash removal services at twenty (20) County facilities with the requested adjustments as requested in their letter of April 19, 2006. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE – EQUIPMENT AND INSTALLATION/IMPLEMENTATION SERVICES FOR WIRELESS PROJECT Motion made by Commissioner Kercheval, seconded by Wivell, to authorize by resolution the Information Technology (IT) Department to purchase equipment and services from GTSI Corp. to create an integrated in-building secure 802.11 wireless local area network (LAN) for deployment in the County Administration, County Office and Administration Annex buildings in the amount of $36,900 by utilizing the U.S. Communities contract #RQ03- 605674-16A on which Fairfax County, Virginia, was the “Lead Public Agency” in accordance with the terms and conditions of Code of Public Local that contract and in accordance with the Laws of Washington County , Maryland, Section 1-106.3. Unanimously approved. APRIL 25, 2006 PAGE SIX CONTRACT AWARD – STRATEGIES TO PROMOTE CHILDREN SAFE IN THEIR FAMILIES AND COMMUNITIES IN WASHINGTON COUNTY Karen Luther, Purchasing Agent, and Paula Fisher, Project Coordinator for the Washington County Community Partnership for Children and Families (WCCP), informed the Commissioners that they recently reviewed concept applications for the award of Strategies to Promote Children Safe in Their Families and Communities in Washington County, Maryland to fulfill the requirements contained in the WCCP’s Summary of Concept Ideas for the use of carry forward funds. She stated that the Review Panel recommended that funds be awarded to the following agencies: 1) Boys & Girls Club of Washington County, Inc for NetSMARTZ in the amount of $55,333, 2) Washington County Health Department for enhancement of the Court Appointed Special Advocates Program for $15,864, and 3) Head Start of Washington County, Inc. for the grief training program Grief, Inc. in the amount of $8,234. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the recommendation to award Strategies to Promote Children Safe in Their Families and Communities in Washington County, Maryland for the use of carry forward funds to the following agencies: 1) Boys & Girls Club of Washington County, Inc for NetSMARTZ in the amount of $55,333, 2) Washington County Health Department for enhancement of the Court Appointed Special Advocates Program for $15,864, and 3) Head Start of Washington County, Inc. for the grief training program Grief, Inc. in the amount of $8,234. Unanimously approved. REJECTION OF PROPOSALS – COMPRHENSIVE TEEN PREGNANCY PREVENTION STRATEGIES Ms. Luther and Ms. Fisher asked the Commissioners to reject both proposals received for the Comprehensive Teen Pregnancy Prevention Strategies services. Ms. Fisher explained why the proposals were found to be non-responsive. Motion made by Commissioner Munson, seconded by Nipps, to reject the proposal of Girls, Inc. of Washington County, partnering with the Washington County Health Department in the amount of $108,897 for Comprehensive Teen Pregnancy Prevention Strategies for being non-responsive. Unanimously approved. TEXT AMENDMENT - SUBDIVISION ORDINANCE SO-06-001, RZ-06-001, & FC-06-001 Motion made by Commissioner Munson, seconded by Nipps, to approve text amendments SO-06-001, RZ-06-001, and FC-06-001 to the Subdivision Ordinance, the Zoning Ordinance and the Forest Conservation Ordinance, respectively, to be effective as of July 1, 2006, as submitted by the Washington County Planning Department to remove the existing fees from the Ordinances; and the fees for services rendered in connection with each Ordinance would be established by resolution by the Board of County Commissioners. Unanimously approved. PROPERTY ACQUISITION – CHARLES & MARY CUNNINGHAM Motion made by Commissioner Nipps, seconded by Kercheval, to approve the purchase of property owned by Charles and Mary Cunningham located at 14219 Maugansville Road for $269,900 using 95% FAA funds, with a 2.5% State and local match. The property is in the Runway Protection Zone for Runway 9. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:40 p.m. to discuss personnel matters relating to the employment of an individual over whom the Commissioners have jurisdiction and any other personnel matter affecting one or more specific individuals, consult with staff about pending litigation, and consult with counsel to obtain legal advice, 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 Munson, seconded by Wivell, to reconvene in open session at 5:17 p.m. Unanimously approved. APRIL 25, 2006 PAGE SEVEN In closed session, the Commissioners discussed two (2) personnel matters relating to the employment of individuals over whom the Commissioners have jurisdiction and other personnel matters affecting one or more individuals, consulted with staff about pending litigation, and consulted with counsel to obtain legal advice. 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 John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Jonathan Topazian, Labor Counsel; Greg Murray, Director of the Water Quality Department; David Hankinson, Director of Human Resources; Gary Rohrer, Director of Public Works; Tony Davis, and Nicholas Woodfield. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 5:17 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk