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HomeMy WebLinkAbout990105 January 5, 1999 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 7:30 a.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to convene in closed session at 7:35 a.m. to consult with counsel to obtain legal advice, and to consider businesses relocating to Washington County, 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 Iseminger, seconded by Wivell, to reconvene in open session at 8:44 a.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) issue regarding a developer agreement, and considered one (1) proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Beth Evans, Assistant County Attorney; Joni Bittner, County Clerk; Robert Arch, Director of Planning and Community Development; Gary Rohrer, Director of Public Works; and Terry McGee, Chief Engineer. The following personnel representing the City of Hagerstown were also in attendance: Mayor Robert Bruchey; John Urner, City Attorney; Bruce Zimmerman, City Administrator; Debbie Everhart, Economic Development Coordinator; Bruce Johnston, City Engineer; and Richard Kautz, Director of Planning. Phillip Ross, representing Petrie, Dierman, and Kughn; Kent Oliver, and Fred Frederick, Steve Zortich, and Keith Moore from Frederick, Seibert & Associates . INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rodney Shoop, County Administrator, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - DECEMBER 15 & 22, 1998 AND BOARD OF HEALTH MINUTES Motion made by Commissioner Swartz, seconded by Iseminger, to approve the minutes of December 15 and 22, 1998, as submitted. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly to approve the minutes of the Board of Health meeting held on December 15, 1998, as submitted. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS  Commissioner Snook provided a packet of information from the 1998 State of  the County presentation. He asked the Commissioners to review the information and provide comments to him. Commissioner Snook distributed a letter from the City of Hagerstown asking that discussions continue on tax set-off. The City is also asking to expand the categories for tax set-off and to remove the funding cap. The City is proposing to receive $4.8 - $5 million above what they have received in the past from tax differential. BUDGET TRANSFER REQUEST - BURNSIDE BRIDGE ROAD SLOPE IMPROVEMENTS Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the transfer of $115,000 from the CIP Contingency Fund to fund the increased estimate for the slope improvements to Burnside Bridge Road. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that a meeting of the Western Maryland Commissioners will be held on Wednesday, January 6, at 4:30 p.m. following the sessions at the Maryland Association of Counties conference. PRESENTATION OF CERTIFICATES OF APPRECIATION - RECREATION & PARKS BOARD The Commissioners presented Certificates of Merit to James Brown and Ronald Phillips in recognition of their years of dedicated service on the Recreation and Parks Board. Robert Powell and Joseph Hannah were not in attendance to receive certificates. They commended Mr. Brown and Mr.  Phillips on their efforts on the Countys behalf and thanked them for JANUARY 5, 1999 PAGE TWO giving of their time, energies, and ideas toward the development of a successful park system. Mr. Brown and Mr. Phillips thanked the Commissioners for the Certificate and stated that it has been a pleasure to serve the community. Commissioner Snook stated that the County will make sure that Mr. Hannah and Mr. Powell receive their certificates. APPROVAL OF SALE OF LAND AT GREENLAWN PUMPING STATION Motion made by Swartz, seconded by Wivell, to approve the sale of .284 acres of surplus property from the Greenlawn Pumping Station site to the adjacent property owner, A.C.&T., Inc., for the amount of $7,422.62. APPROVAL OF POLICY REVISION - PR-22 BOARDS & COMMISSIONS Alan Davis, Director of Human Resources, met with the Commissioners to review proposed revisions to policy PR-22 - Boards and Commissions. Mr. Davis indicated that the written guidelines for appointment of various advisory boards and commissions were adopted on November 4, 1997. The policy in place does not give the Board of County Commissioners discretionary authority to waive the two (2) consecutive term limit. He reviewed the proposed language, as included under Section VI, Exceptions, to provide the Commissioners with this authority. Commissioner Iseminger stated that he would like the Commissioners to review all of the boards, the amount of compensation the members receive, and the number of members on the boards. Motion made by Commissioner Schnebly, seconded by Swartz, to approve the revisions to policy PR-22, Board and Commissions, to add Section VI  Exceptions, to include language authorizing the Board of County Commissioners to waive the two consecutive term requirements. Unanimously approved. APPROVAL OF NEW POLICY - PR-24 - HIRING Mr. Davis reviewed a proposed new policy, PR-24, Hiring, which would establish general guides for County employment. He stated that the policy provides that the Board of County Commissioners approves the employment of all supervisory personnel and acts as the final authority in employee terminations. The authority for all other employment related matters are delegated from the County Commissioners to the County Administrator and Human Resources Director. Mr. Davis provided copies of forms which will be used by department heads when hiring new employees. The Commissioners discussed the policy and asked that the hiring be brought to the Commissioners for their review if there is a potential conflict of interest with the recommendation. They also asked that the names of three individuals be submitted for each position being filled. Mr. Davis agreed to make the revisions to the policy and return it for their review. Commissioner Swartz stated that he still is in support of paying employees on a biweekly basis. Rodney Shoop, County Administrator, indicated that this recommendation will be discussed during budget process and consideration given to implementing it in conjunction with the implementation of the new software package. The Commissioners asked for a determination on whether there would be a savings realized by the County if a biweekly payroll system was implemented. Motion made by Commissioner Wivell, seconded by Iseminger, to adopt Policy PR-24, Hiring, establishing general guidelines for County employment with the revisions discussed. The Commissioners asked to review the policy in six-months. Unanimously approved. PRESENTATION OF CERTIFICATE OF MERIT - JOSEPH HANNAH Commissioner Wivell presented a Certificate of Appreciation to Joseph Hannah in recognition of 18 years on the Recreation and Parks Board. Mr. Hannah thanked the Commissioners for the opportunity to serve and stated that he has enjoyed his 18 years on the board. He stated that he is most proud of the two new parks developed in the southern part of the county. REQUEST TO REIMBURSE PURCHASER AT TAX SALE Motion made by Commissioner Iseminger, seconded by Schnebly, to refund $324.28 to Charles W. Embly, Jr., for tax sale related costs paid by Mr. Embly on June 3, 1997, due to the fact that Mr. Embly, a purchaser at the tax sale, requested the refund after it was discovered subsequent to the sale that there was no real property actually covered by the tax account upon which Mr. Embly had bid. Unanimously approved. JANUARY 5, 1999 PAGE THREE APPOINTMENT - DEPARTMENT OF SOCIAL SERVICES Motion made by Commissioner Schnebly, seconded by Iseminger, to appoint Michael Field to the Board of Social Services to fill the unexpired term of James Gifford extending to June 30, 2001, and to appoint Larry Kershner to fill the unexpired term of Michael Day extending to June 30, 1999. Unanimously approved. ASSIGNMENT TO BOARDS AND COMMISSIONS Motion made by Iseminger, seconded by Schnebly, to appoint the following Commissioners to County Boards and Commissions for the 1998-2002 term: - ; AIRPORT COMMISSIONJohn SchneblyAREA AGENCY ON AGING - Paul Swartz; AGRICULTURAL EDUCATION CENTER - Bert Iseminger; AGRICULTURAL LAND PRESERVATION ADVISORY BOARD - William Wivell; ECONOMIC DEVELOPMENT COMMISSION - John Schnebly; HISTORICAL ADVISORY COMMITTEE - John Schnebly; HOUSING AUTHORITY - Bert Iseminger; ADVISORY COMMISSION TO THE BOARD OF HEALTH - Bert Iseminger; LOCAL MANAGEMENT BOARD - John Schnebly; MENTAL HEALTH AUTHORITY - Greg Snook; MENTAL HEALTH ADVISORY COMMITTEE - Greg Snook; METROPOLITAN PLANNING ORGANIZATION - Greg Snook, Paul Swartz and Bert Iseminger; PENSION FUND BOARD - William Wivell; PENMAR DEVELOPMENT CORPORATION - Greg Snook; RECREATION & PARKS BOARD - Paul Swartz; SOLID WASTE ADVISORY COMMITTEE - William Wivell; SOCIAL SERVICES BOARD - Paul Swartz or Bert Iseminger; SUBSTANCE ABUSE/MENTAL HEALTH ADVISORY COUNCIL - Greg Snook; TRANSPORTATION ADVISORY COMMITTEE - Paul Swartz; TRI-COUNTY COUNCIL - Greg Snook and John Schnebly; UNITED WAY - EMERGENCY FOOD & SHELTER PROGRAM - John Schnebly; WATER & SEWER ADVISORY COMMISSION - William Wivell; COMMISSION FOR WOMEN - Greg Snook; and WESTERN MARYLAND - CONSORTIUMGreg Snook and Bert Iseminger. Unanimously approved. The Commissioners agreed to review these appointments on an annual basis. CITIZENS PARTICIPATION  Donald Allensworth suggested additional items to be included in the Countys legislative requests to the Delegation to the General Assembly with regard to financial support, transportation projects, and the sewer debt. Mr. Allensworth also commented on the fast track permitting process. He suggested that site plans be approved by the Commissioners rather than by the Planning Commission. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 10:47 a.m. to discuss personnel issues and to consider businesses relocating to Washington County, 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 Iseminger, seconded by Schnebly, to reconvene in open session at 11:33 a.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Beth Evans, Assistant County Attorney; and Joni Bittner, County Clerk. APPOINTMENTS - RECREATION & PARKS BOARD Motion made by Commissioner Wivell, seconded by Iseminger, to appoint  Mildred Mickey Myers, Barry Brown, and Dean Hamburg, to the Recreation & Parks Board for three-year terms. Unanimously approved. APPOINTMENTS - PLANNING COMMISSION Motion made by Commissioner Iseminger, seconded by Schnebly, to appoint Robert Nichols to the Planning Commission to fill the unexpired term of Bert Iseminger which extends to February 28, 2002. Unanimously approved. RECESS - LUNCHEON & TOUR OF AGRICULTURAL EDUCATION CENTER The Commissioners recessed at 11:35 a.m. to attend the Washington County Farm Bureau Annual Legislative Luncheon at the Agricultural Education Center. AFTERNOON SESSION The afternoon session was called to order at 2:19 p.m. by the President JANUARY 5, 1999 PAGE FOUR Gregory I. Snook, with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in closed session at 2:19 p.m. to discuss personnel issues and to 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 Schnebly, seconded by Swartz, to reconvene in open session at 2:44 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) issue and consulted with County staff regarding potential litigation on that issue. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Beth Evans, Assistant County Attorney; Joni Bittner, County Clerk; Robert Arch, Director of Planning and Community Development; Gary Rohrer, Director of Public Works; and Terry McGee, Chief Engineer. RECESS The Commissioners recessed at 2:44 p.m. to attend a workshop session at the Water & Sewer Department. WORKSHOP - WATER & SEWER DEPARTMENT Greg Murray, Director of the Water & Sewer Department, distributed information on the facilities at the Water & Sewer Department and a general summary of the classifications of employees working for the Department. Mr. Murray and Debra Bastian, Director of Finance, provided an overview of the cost of service model used in designing the water and wastewater utility rates. She stated that the firm of Black and Veetch developed the design for the cost of service model. Mr. Murray outlined the factors used to identify costs of service to customers and provided an overview for water and wastewater utility cost of service for each customer class. He reviewed a map of the areas serviced by City of Hagerstown and by the County. The Commissioners discussed the need to establish a consolidated regional authority with the City of Hagerstown.  Ms. Bastian reviewed the following steps used in cost of service design: 1) Determine the total annual revenue requirements to ensure that the utility will receive sufficient revenue to ensure proper operation and  maintenance, development and maintenance of the utilitys financial integrity. 2) Allocation of cost components to allocate total utility costs  associated with supplying customers average and peak usage, costs related  to customers meters, services, and accounts, and costs by supply, pumping, treatment and distribution. 3) Distribution of costs to customer class. 4) Rate design. Ms. Bastian explained how the costs are broken down for operation and maintenance, capital, and debt costs. She stated that the allocation of costs is determined for residential, industrial and commercial rates, customer classes and the cost of service. Mr. Murray and Ms. Bastian gave a brief overview of rate design. Mr. Shoop stated that the Commissioners need to look at philosophy on rates. The Commissioners also discussed the general fund contribution used to help reduce the amount of  rate increases to the customers. Ms. Bastian stated that the staffs recommendations will come to the Commissioners in February or March regarding rates for next fiscal year. JOINT MEETING WITH WATER & SEWER ADVISORY COMMISSION The Commissioners met with Clarence Scheer, Chairperson of the Water & Sewer Advisory Commission, and members Bonnie Parks, Glenn Fishack, Ed Renn, Gordon Crabb, Michael Armel, and Christopher Diehl. After introductions were made, Mr. Scheer provided background information on the Advisory Commission. He then reviewed their mission statement. The Commissioners discussed pretreatment and its impact on the financial structure of the County. Mr. Scheer stated that pretreatment is an economic development tool used to increase the revenue stream. He noted that Greg Larsen, Marketing Specialist, is a positive asset and is working hard to turn the Conococheague Industrial Pretreatment Facility (CIPF) into a revenue-producing facility in customized business. Mr. Scheer stated that JANUARY 5, 1999 PAGE FIVE the Advisory Commission feels that a separate authority and management board should be created solely for pretreatment to separate the operations from other services at the Water & Sewer Department. He indicated that the rates at the pretreatment facility need to be competitive with other such facilities to attract business. Mr. Scheer stated that the CIPF could be sold to a private enterprise if it shows that it could be profitable. He noted that the Advisory Committee had two options - to close the facility and absorb debt or try to make it profitable. The Advisory Commission discussed the reapportionment of debt for the pretreatment facility. Ms. Bastian stated that if the current debt is  extended more than 40 years, the Countys bond rating would be downgraded. She also indicated that the suggestion to create a separate authority would  have to be reviewed by the Countys legal department to determine if it could be done and how the liability would be structured. The Commissioners then discussed refinancing of debt. Mr. Crabb stressed the importance of the relationships between board members and State representatives. Mr. Scheer stated that the Advisory Commission feels very strongly that the creation of a regional authority is the key to the whole issue and would be  a win-win situation for everyone. He indicated that both the City of Hagerstown and the County could save money, reduce payroll, and keep costs down. Mr. Armel stated that the Frederick County Delegates to the General Assembly have been through this situation and have offered to work with the County on this issue. Mr. Rohrer also indicated that the Maryland Department of the Environment is strongly encouraging the City and County to work together. Commissioner Swartz stated that both factions need to come together to put a plan into action. The Commissioners expressed their support for a regional concept and agreed to work with the City of Hagerstown to come to an agreement. Mr. Scheer stated that he would like to see pretreatment problems  attacked and initiatives developed over the next six months. The Commissioners discussed appointing a committee from current board members to address the issues. Mr. Fishack stated that he feels the County needs to devote an employee to pursuing federal grant monies for water and sewer. Mr. Scheer informed the Commissioners that the Advisory Commission also investigated the possibility of privatizing the water and sewer facility but  they didnt feel it was appropriate for the county and could stifle future progress. He stated that County employees can operate the department just as efficiently as the private sector. He noted some of the obstacles involved with privatization. Mr. Scheer stated that the Advisory Commission  didnt see any advantages to it. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Wivell, to adjourn at 6:50 p.m. Unanimously approved. County Administrator County Attorney , Clerk