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HomeMy WebLinkAbout060718 July 18 2006 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:40 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. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway due to elevator maintenance at the County Administration Building. 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 suggested that a Highway Department employee be assigned to answer the telephone on Fridays during the summer when the Highway Department works a four- day week instead of paying an answering service to do this and to provide the employee with another day off during the week. Commissioner Kercheval informed the Commissioners that he attended the Eggs & Issues breakfast sponsored by the Chamber of Commerce regarding pavement maintenance in the County. He reported on the meetings of the 2+2 Committee and the Economic Development Commission meeting. Commissioner Nipps stated that she made a presentation to the Williamsport Rotary Club on the new emergency radio communications system. She also reported on the Historic District Commission meeting. The Commissioners asked for clarification regarding the Commission’s role in review of construction improvements and additions in the Rural Village designation. Commissioner Wivell inquired about the status of the County’s loan to Ron Maxwell relating to the making of the The Last Full Measure movie . Commissioner Snook stated that Mr. Maxwell has made a payment and is current with the loan. He also asked about the status of the Board of Education decisions on mitigation plans that were submitted to them. Commissioner Snook indicated that he had just received copies of letters from the Board of Education to six developers relating to their specific mitigation plans. Commissioner Kercheval stated that the Board of Education would be reviewing its mitigation policy in August to determine if it can be more flexible. Commissioner Snook informed the Commissioners that he received notification from the Maryland Department of the Environment that Engineered Polymer Solutions has requested a renewal of its Part 70 operating permit for existing operations. He stated that the U.S. Department of Agriculture has awarded Rural Development grant funding for the Cedar Springs pumping station. Commissioner Snook indicated that an Installment Payment Program (IPP) agreement to place farmland in a permanent easement would be going to settlement in the near future. DISCOVERY STATION – PRESENTATION OF BUSINESS PLAN AND FINANCIAL PLAN B. Marie Byers, and Dr. John Davidson, Treasurer, representing Discovery Station, met with the Commissioners to review their business plan and discuss the financial situation at Discovery Station. Mrs. Byers informed the Commissioners that Discovery Station has shown a large increase in total admissions over last year. Dr. Davidson reviewed the 2005 and 2006 budgets. They also informed the Commissioners of the exhibits that are currently on display and the ones they plan to rent in the future. The meeting was then opened for questions from the Commissioners. Dr. Davidson stated that the income from admissions is not as they had planned. Mrs. Byer indicated that they are hopeful that they will receive additional grant funding, but requested that the County contribute $30,000 for Discovery Station. After discussion, the Commissioners took the request under consideration. JULY 18, 2006 PAGE TWO BID AWARD – REHABILITATION OF MARBLE QUARRY ROAD BRIDGE AND BUDGET TRANSFER Motion made by Commissioner Munson, seconded by Nipps, to award the contract for rehabilitation of the Marble Quarry Road Bridge to C. William Hetzer, Inc., which submitted the low responsive, responsible bid of $748,768.05, conditional upon State Highway Administration concurrence, and to approve a budget transfer of $173,400 from the Barnes Road Bridge project to cover the shortfall. Unanimously approved. WASHINGTON COUNTY SEX OFFENDER & COMPLIANCE ENFORCEMENT – INITIATIVE GRANT Motion made by Commissioner Munson, seconded by Nipps, to approve a one-year grant from the Governor’s Office of Crime Control & Prevention for “Washington County – Sex Offender and Compliance Enforcement In Maryland Initiative” in the amount of $30,000 to provide funds to hire a part- time office associate to act as the Sex Offender Registrar and pay overtime for a contractual sworn deputy to conduct compliance checks and investigations. Unanimously approved. FUEL AND VEHICLE TASK FORCE GROUP FINDINGS & RECOMMENDATIONS Kevin Cerrone, Chair of the Fuel & Vehicle Task Group, and members Jack Reynard and Becky Maginnis appeared before the Commissioners to present their findings to the Commissioners. Mr. Cerrone stated that the Task Force was formed in 2005 in response to high fuel prices and potential fuel shortages and introduced the members of the group who were in attendance. He stated that the Task Force met to discuss the County’s dependence on oil, the availability of fuel, and the County’s ability to function and maintain necessary services to County residents in the event of a fuel crisis. Mr. Cerrone stated that the Task Force discussed air quality, advances in technology, hybrid vehicles and alternative fuel sources. The group recommended networking existing fuel sites, giving further study to a plan to purchase fuel outside County sites, developing a plan for use of alternate fuels, planning for increases in fuel storage capacity, further study and testing of the use of hybrid vehicles, further study to determine the impact of changing equipment replacement guidelines, forming a committee to determine the feasibility/benefits of County-wide maintenance oversight, forming a committee to expand vehicle use policies to incorporate fuel use, maintenance, and safety provisions, and determining the best use of the commuter bus system during a fuel crisis. The Commissioners then discussed the possibilities of implementing the recommendations. Ms. Maginnis stated that she would like to take a look at the County’s vehicle policy with regard to risk management and indicated that the current policy doesn’t address safety issues, preventive maintenance, and criteria for driving County vehicles. Mr. Cerrone asked for authorization to look more closely at specific items in the recommendations before asking for approvals to change the policy. It was the consensus of the Commissioners for them to proceed. Rodney Shoop, County Administrator, thanked the Committee for their hard work. REQUEST FOR REVITALIZATION EXEMPTION FROM ADEQUATE PUBLIC FACILITIES ORDINANCE Sharon Disque, Executive Director of Hagerstown Neighborhoods Development Partnership, Inc. (“HNDP”), Kathleen Maher, Planning Director for the City of Hagerstown, and Scott Armiger, Vice President of Orchard Development, met with the Commissioners to request the approval of the Commissioners for a revitalization exemption from the City of Hagerstown’s Adequate Public Facilities Ordinance (“APFO”) for the redevelopment of 2.7 acres on East Baltimore Street in Hagerstown. Ms. Maher stated that Section 8.3A of the City’s APFO states that the Mayor and City Council or its designee may approve a mitigation program, subject to the approval of the Board of County Commissioners, that allows a development to proceed in a school attendance area otherwise designated as inadequate for development. Ms. Disque explained the HNDP has entered into an agreement for the sale of 2.7 acres to Orchard Development for construction of 47 town homes. JULY 18, 2006 PAGE THREE The site is located within a designated revitalization area. She stated that the construction would alleviate a blighted condition created by vacant structures. Ms. Disque indicated that the project would significantly impact the neighborhood by adding middle-income families to an area with a high concentration of poverty. She informed the Commissioners that proceeds from the project would be reinvested in the community. The meeting was then opened for questions and discussion. Commissioner Kercheval stated that, although the Board of Education recommended that the project be denied, the Board of Education’s mitigation policy is being revised. Ms. Maher reviewed the City’s reasons and rationale for approving the exemption. Commissioner Nipps stated that she believes the exemption was put in place for projects like this and offered her support for the project. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request based on the City’s decision to recommend this project for exemption to the Commissioners and for the specific reasons presented by the applicant (see attached), for a revitalization exemption from the City’s APFO in accordance with Section 8.3A, for 2.7 acres on East Baltimore Street as requested by Hagerstown Neighborhoods Development Partnership and Orchard Development for the construction of 47 townhouses. Motion carried with Commissioners Kercheval, Munson, Nipps, and Snook voting “AYE” and Commissioner Wivell voting “NO.” (A copy of the APFO Exemption Request and the reasons supporting the request are attached hereto.) COUNTY ATTORNEY COMMENTS Kirk Downey, Assistant County Attorney, informed the Commissioners that the Flow Transfer Agreement with the Washington County Hospital is ready to be signed. Mr. Downey stated that the hearing on the appeal of the Board of Zoning Appeals’ decision regarding the Hospital was held yesterday. No decision has been rendered. COUNTY ADMINISTRATOR’S COMMENTS Change Order – Elevator at County Administration Building Motion made by Commissioner Munson, seconded by Nipps, to approve a Change Order for the elevator at the County Administration Building for an increase of $41,568 to replace the existing cylinder casing shaft and to approve a transfer of existing funds from FY 2006 budget to 2007. Unanimously approved. Budget Transfer – Planning Department Motion made by Commissioner Kercheval, seconded by Nipps, to approve a budget transfer of $80,000 from Fund Balance Reserves to Contractual Services in the Planning Department’s budget to allow them to hire a consultant to assist with the study and implementation of the Transferable Development Rights (TDR) program. The funding was originally budgeted in the Planning Department’s FY 2006 budget. Motion carried with Commissioners Kercheval, Nipps, and Munson voting “AYE” and Commissioners Wivell and Snook voting “NO.” Budget Transfer – Board of Education Motion made by Commissioner Nipps, seconded by Kercheval, to approve the capital budget transfer requested by the Board of Education in the amount of $43,600 from ADA Projects to Technology Wiring for Emma K. Doub Elementary. Unanimously approved. Mr. Shoop informed the Commissioners that the Board of Education has requested a budget transfer of $67,165 from the boiler project at E. Russell Hicks Middle School, where they received unanticipated State grant funding, to design services for the School for the Arts. After discussion, the Commissioners asked for additional information before voting on the request. REPORTS FROM COUNTY STAFF John Latimer, Director of the Department of Emergency Services, recommended that the Commissioners reappoint Kingsley Poole as Washington County’s representative on the Maryland Fire Service Qualification Board. Mr. Latimer agreed to serve as the alternate to this Board. JULY 18, 2006 PAGE FOUR Motion made by Commissioner Munson, seconded by Kercheval, to approve the recommendation to reappoint Kingsley Poole to the Maryland Fire Service Qualification Board as the Washington County representative and to appoint John Latimer, IV, as the alternate. Unanimously approved. CITIZENS PARTICIPATION Manny Shaool, Paul Prodonovich, and Jason Happel, representing Washco Development, appeared before the Commissioners to express their concerns with the Board of Education’s mitigation policy. Mr. Shaool and Mr. Prodonovich outlined the difficulties that they have had with the Sunset Meadow project in Clear Spring and stated that they feel that specific guidelines should be included for a timely response from the Board of Education regarding mitigation. They asked the Commissioners to consider revising the Ordinance to establish timelines. Commissioner Snook stated that the Commissioners recognize that there is no flexibility in the Board of Education’s mitigation policy and that they would be working with them to revise it. PUBLIC HEARING – ECONOMIC DEVELOPMENT REVENUE BONDS – PACKAGING SERVICES OF MARYLAND, INC. The Commissioners convened a public hearing at 11:00 a.m. to hear comments regarding the proposed issuance by the County of one or more series of its economic development revenue bonds for Packaging Services of Maryland, Inc. projects in an aggregate principal amount not to exceed $6,000,000. Timmy Ruppersberger, County Bond Counsel, stated that the bonds will be used to finance or refinance: 1) the construction of an approximately 56,875 square foot addition to the existing manufacturing plant located at 16461 Elliott Parkway, Williamsport, Maryland; 2) the acquisition of furnishings, fixtures and equipment, including without limitation, a Martin Rapidset Printer/Die Cutter, and landscaping, roads or other rights of access, utilities and other facilities as may be necessary or suitable for the foregoing; 3) capitalized interest on the bonds; 4) funding a debt service reserve fund for the bonds; and 5) the payment of bond issuance costs. This will allow these projects to obtain a lower interest rate by using the County government as a conduit. Ms. Ruppersberger stated that this issue is a limited obligation bond and does not represent any liability for the County. She indicated that the issuance of these bonds would not affect the County’s bond rating or borrowing limits. Vernon Litzinger, representing Packaging Services of Maryland, answered questions from the Commissioners. The meeting was then opened for public comment. Motion made by Commissioner Munson, seconded by Kercheval, to adopt a resolution providing for the issuance and sale by the County Commissioners of Washington County, in accordance with the Maryland Economic Development Revenue Bond Act, as its limited obligations and not upon its faith and credit or taxing power, of one or more series of its economic development revenue bonds in aggregate principal amount not to exceed $6,000,000, pursuant to the provisions of Sections 14-101 through 14-109 of Article 41 of the Annotated Code of Maryland (1997 Replacement Volume), as amended, in order to lend the proceeds thereof to Packaging Services of Maryland, Inc. for the sole and exclusive purposes described in the resolution. Unanimously approved. RECESS LUNCH AND UPDATE OF RECREATION SUMMER DAY CAMP PROGRAM The Commissioners recessed at 11:20 a.m. for lunch and a tour of the Summer Day Camp programs at Marty Snook Park, which is operated by the Recreation Department. DEDICATION CEREMONY – NEWGATE INDUSTRIAL PARK INTERCEPTOR SEWER PROJECT The Commissioners attended the dedication ceremony for the Newgate Industrial Park Interceptor Sewer Project. AFTERNOON SESSION The afternoon session was called to order at 2:00 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. JULY 18, 2006 PAGE FIVE RESCUE GROUP PROPOSED POLICY AND/OR RECOMMENDATIONS FOR UNLIMITED ACCESS TO WASHINGTON COUNTY SNAP PROGRAM FUNDING Paul Miller, Director of the Washington County Humane Society, met with the Commissioners to discuss a proposed policy for the Spay/Neuter Assistance Program (SNAP) for non-profit rescue groups. Mr. Miller stated that the rescue groups have requested unlimited access to the program. He explained that this would severely limit the availability to private citizens since funding would not be sufficient to handle all the requests. Mr. Miller recommended that a Task Force be formed to develop a county-wide domestic dog and cat overpopulation reduction plan, develop a plan to ensure all dogs, cats and ferrets have a current rabies vaccination and develop a financial plan and possible funding sources to implement the above plans. He stated that private groups are eligible to receive grant funding from private foundations. After discussion, it was the consensus to continue the current practice of limiting nonprofit groups to three vouchers for the SNAP Program, but to appoint the task force as requested. Several citizens spoke in favor of continuing to limit access to the SNAP Program, as it would reduce funding for private citizens. Becky Stanley, volunteer for Kit Kat and Kritter Rescue, volunteered to be a part of the task force. METROPOLITAN PLANNING ORGANIZATION (MPO) - ACCEPTANCE OF GRANT FUNDING` Motion made by Commissioner Munson, seconded by Kercheval to accept grant funding from the Federal Highway Administration and Federal Transit Authority for funding the Hagerstown/Eastern Panhandle MPO for a total budget of $642,457, which includes a 10% State and 10% local match. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Kercheval at 2:40 p.m. to discuss personnel matters relating to the appointment, employment, assignment, discipline, demotion, compensation, removal, and/or resignation of an appointee, employee, or official over whom the Commissioners have jurisdiction and any other personnel matters affecting one or more specific individuals, to consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Wivell, seconded by Nipps, to reconvene in open session at 5:10 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) matter relating to the employment, appointment, assignment, discipline, demotion, compensation, removal and/or resignation of an appointee, employee or official over whom the Commissioners have jurisdiction and other personnel matters affecting one or more specific individuals, consulted with counsel to obtain legal advice, considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and considered one matter relating to the acquisition of real property for a public purpose. 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 C. Downey, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Tim Troxell, Director of the Economic Development Commission (EDC); Debra Murray, Director of Finance; James Sterling, Director of Buildings, Groups & Parks; William Christoffel, Health Officer; and Arthur Schneider, Esq. ADJOURNMENT Motion made by Commissioner Munson, seconded by Kercheval, to adjourn at 5:10 p.m. Unanimously approved. JULY 18, 2006 PAGE SIX , County Administrator , County Attorney ___________________________, County Clerk