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HomeMy WebLinkAbout990209 February 9, 1999 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 Vice President Paul L. Swartz with the following members present: Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Swartz, followed by the Pledge of Allegiance to the Flag by the full assemblage. PRESENTATION OF IDEA AWARD - JOSEPH KUHNA Rodney Shoop, County Administrator, presented a certificate of merit to Joseph Kuhna, Community Development Coordinator, Planning & Community Development, as the recipient of the Innovative, Dedicated Employee Award (IDEA) Program Award for the quarter. Mr. Shoop stated that Mr. Kuhna was nominated by Robert Arch, Director of Planning & Community Development. Mr. Arch nominated Mr. Kuhna because the additional workload he recently assumed due to the resignation of the Rehabilitation Loan Specialist last November. Mr. Kuhna assumed the additional responsibility with a professional attitude although he received no extra compensation for these duties. Mr. Shoop estimated that Mr. Kuhna has saved the County $36,400 in salary and fringe benefit costs by assuming these duties. He stated that the award consists of a $500 check and an additional personal day. Mr. Kuhna thanked the Commissioners for the award. Commissioner Swartz thanked Mr. Kuhna for his hard work and dedication. APPROVAL OF MINUTES - FEBRUARY 2, 1999 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of February 2, 1999, as submitted. Unanimously approved. ADOPTION OF RESOLUTION - PROCEDURES FOR COLLECTIVE BARGAINING Richard Douglas, County Attorney, reviewed the Resolution Adopting Procedures for Collective Bargaining. Mr. Douglas stated that the Resolution mirrors the County Collective Bargaining Act, present Subtitle 9, Title 1 of the Code of Public Local Laws, which was formerly known as House  Bill 740. He indicated that dues check-off has been changed to a mandatory subject for collective bargaining in the Resolution. Mr. Douglas also noted that House Bill 740 will sunset this year if it is not extended by the legislature. Motion made by Commissioner Schnebly, seconded by Iseminger, to adopt the Resolution Adopting Procedures for Collective Bargaining, as presented by the County Attorney. Unanimously approved. (A copy of the Resolution is attached.)  COMMISSIONERS REPORTS AND COMMENTS Commissioner Iseminger reported on the meeting of the Advisory Commission to the Board of Health. He stated that he received a letter from Donald Hoffman complimenting County staff members Greg Murray and Jim Bishop on their professionalism and courtesy. Commissioner Wivell reported on the Historic District Commission meeting. Commissioner Schnebly reported on the meetings of the joint City/County task force on water and sewer issues. He indicated that they will have items on the agenda for discussion at the next joint meeting of the Mayor and Council with the Commissioners. Commissioner Swartz reported on the Recreation and Parks Board meeting. He stated that he met with Norman Bassett, Office on Disability Issues Coordinator, and  Linn Hendershot, of the Veterans Administration Outpatient Clinic, to begin discussions regarding the establishment of a disabled citizens advisory committee. Commissioner Swartz informed the Commissioners that he met with the SADD group from North Hagerstown High School who will be making a presentation to the Commissioners next week. CHANGE ORDER & BUDGET TRANSFER- RESH II LANDFILL Gary Rohrer, Director of Public Works, met with the Commissioners to explain the need for a change order in the original contract with KCI Technologies, Inc., for additional work they performed on the expansion of cell N-2 and N- 3 at the Resh Landfill. Motion made by Commissioner Wivell, seconded by Iseminger, to approve a change order with KCI Technologies, Inc. in the amount of $42,296.28 for additional work done on the expansion of cells N-2 and N-3 at the Resh Landfill and to approve a transfer of $38,425 for this project from the Artificial Liner for (40-5-0100-580-006) line item. Unanimously approved. FISCAL ANALYSIS STUDY - TISCHLER & ASSOCIATES Robert Arch, Director of Planning & Community Development, introduced Paul Tischler, consultant from Tischler & Associates, whose firm was retained to FEBRUARY 9, 1999 PAGE TWO complete a fiscal analysis study regarding the financial impacts of new development. He stated that the use of impact fees and special taxing districts were also included in the study. Mr. Tischler provided background information on his firm and their experience in this field. He stated that they looked at five possible scenarios for growth through the year 2020. The scenarios included base case, economic development, dispersal, higher residential, and low growth. Mr. Tischler stated that the study found that all scenarios are fiscally neutral if the levels of service provided by the County remain the same. He indicated that the County would have to find ways to finance any higher levels of service. Mr. Tischler noted the major reasons why development is fiscally neutral. Mr. Tischler stated that an important finding of the study is that the County has the freedom to choose its growth strategy. He indicated that people moving in from urban areas could demand higher levels of service  which would consume the Countys surplus funding very quickly. He predicted that new growth will not be a fiscal drain but will not provide a large quantity of new funding for the County at its current levels of service. Mr. Tischler provided information on projected variables on a per unit basis which indicated that, although businesses and single family homes generate enough revenues through personal property tax and income taxes to support residential development, apartment complexes do not generate the necessary revenue and have a negative impact on revenues. The report concludes that specific types of development will impact the ability to finance growth. Mr. Tischler provided findings regarding impact fees on new developments for schools. He stated that impact fees are a way for new growth to pay its fair share of capital. He provided estimates on the existing student generation rate and the cost for development. Mr. Tischler said that zones would be established and monies spent to make improvements in the zone in which the funding was generated. He noted that the study did not include public safety costs or fire and rescue costs. Mr. Tishler reviewed the analysis regarding special assessment districts. He provided information on the cost of improvements to landowners and indicated that the assessment for properties in Washington County would be eleven cents per floor area ration (FAR). Mr. Tischler stated that he feels this would be a very workable solution and should be pursued by the County. He also noted that the Hopewell Valley Area was also studied for establishment of a special taxing district to pay for road improvements. BID AWARD - TREE PLANTING SERVICES Motion made by Commissioner Iseminger, seconded by Schnebly, to award the contract for tree planting services to Parkton Woodland Services which submitted the low responsive, responsible bid of $66,990 for planting of trees and shrubs at two locations with funding to be provided through the Washington County Forest Conservation Fund - lowest responsible, responsive bidder. Unanimously approved. CITIZENS PARTICIPATION Don Shumaker, President of the Boonsboro Volunteer Fire Department, and Ollie Griffith, Chief of the Boonsboro Volunteer Fire Department, met with the Commissioners to request a waiver of a tax bill in the amount of $1,589.87 for its new substation. Mr. Shumaker stated that the fire company is tax exempt but that they failed to provide the appropriate forms to the State Department of Assessment & Taxation prior to the deadline and were billed by the State. Rodney Shoop, County Administrator, agreed to look into the matter. Gerald Ditto stated that the Farm Bureau has provided written comments on the proposed Animal Control Ordinance and they support retaining the exemption for farm animals in the Ordinance. Mr. Ditto also expressed concerns as a member of the Clear Spring Lions Club that their application for funding was denied by the Gaming Commission because they were a service club. He outlined the ways that the Club supports the Clear Spring community and reviewed the application they submitted. He noted that the Gaming Commission has no priority ranking system for distributing the gaming funds. Richard Douglas, County Attorney, read an opinion from the Gaming  Commissions outside counsel. He stated that the Gaming Commission primarily provides funding to nonprofit organizations which have a 501(c)(3) designation from the Internal Revenue Service. Commissioner Schnebly stated that the Gaming Commission needs to better define who is eligible for funds and how they are distributed. Commissioner Swartz voiced his support of the application submitted by the Clear Spring Lions Club. BUDGET WORKSHOP - CAPITAL IMPROVEMENTS PROGRAM (CIP) The Commissioners met with Debra Bastian, Director of Finance; Robert Arch, Director of Planning & Community Development; and Gary Rohrer, Director of Public Works, to continue the budget review of the CIP budget for 1999. Ms. FEBRUARY 9, 1999 PAGE THREE Bastian distributed a graph and information showing the impacts of borrowing on the long-range debt plan. She indicated that the County will be finalizing its 1999 bond issue in the near future. At the current interest rate of four percent, the County may want to consider borrowing more than the planned $6.5 million. Rodney Shoop, County Administrator, stated that borrowing additional funds this year would reduce the 2001 peak and offer a better structure for future bond payments. Ms. Bastian informed the Commissioners that the CIP budget requests totaled $36 million and adjustments made reduced it to $31 million. She stated that she would like the Commissioners to consider borrowing bond funds on an established  percentage of the Countys debt rather than a set amount. Ms. Bastian asked for direction from Commissioners. The Commissioners discussed the information and agreed it would be better to level out debt service peaks for long-range planning. Ms. Bastian outlined the requirements and timeline for using bond funding for projects. She stated that they must be spent in 18 months and are used only for infrastructure projects. Mr. Shoop provided a brief overview of estimated County revenues for the next fiscal year. It RECESS - LUNCHEON & TOUR - WASHINGTON COUNTY AIR UNIT The Commissioners recessed at 12:00 p.m. in order to attend a luncheon and tour of the Washington County Air Unit. AFTERNOON SESSION The afternoon session was called to order at 1:44 p.m. by the Vice President Paul L. Swartz, with the following members present: Bertrand L. Iseminger Jr., John L. Schnebly, and William J. Wivell.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he received notification from Conrail that they will be upgrading the crossing on Maugansville Road starting in the Fall of 1999. PROCLAMATION - CENSUS 2000 AWARENESS WEEK Motion made by Commissioner Wivell, seconded by Iseminger, to adopt a proclamation designating the week of April 1 - 7, 1999 as Census 2000 Awareness Week in Washington County in recognition that an accurate census count is vital to the community. Unanimously approved. BUDGET TRANSFER REQUEST - LOCAL MANAGEMENT BOARD Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the budget transfer request from the Local Management Board (LMB) to transfer State subcabinet pass-through funds in the amount of $23,411 directly to the Board of Education for use in the safe and drug-free school program. Unanimously approved. John Budesky, Acting Director of the LMB, introduced Lisa Kalkbrenner, Fiscal Specialist, and Donna Rishell, Federal Family Preservation Coordinator. Mr. Budesky then provided a brief overview of the LMB and its duties and programs. COMMISSIONER REPRESENTATIVE - WEED CONTROL COMMITTEE Commissioner John Schnebly volunteered to be the Commissioner representative on the Weed Control Committee. RE/APPOINTMENTS - COMMUNITY ACTION COUNCIL Motion made by Commissioner Iseminger, seconded by Schnebly, to reappoint Donna Engle and William Donaldson to the Board of Directors of the Community Action Council, as designees of the County Commissioners, along with Commissioner Paul Swartz, with their terms to expire in December 2002. Unanimously approved. REQUEST FOR TAX ABATEMENT - JAMES GOLDEN Beth Evans, Assistant County Attorney, reviewed a request for an abatement of personal property tax from James L. Golden and J&G Management, Inc. Ms. Evans informed the Commissioners that Mr. Golden transferred both properties to the buyer but did not notify the State Department of Taxation before the deadline and, therefore, received tax bills for the property. She stated  that it is the property owners obligation to notify the State of the transfer. Todd Hershey, County Treasurer, has filed suit against Mr. Golden for the back taxes. Mr. Golden is requesting that the Commissioners abate the total amount that is owed to the County. FEBRUARY 9, 1999 PAGE FOUR Motion made by Commissioner Wivell, seconded by Iseminger, to deny the request made by James Golden to abate personal property taxes owed to the County for the accounts of James L. Golden and J&G Management, Inc. Unanimously approved. RIGHT-OF-WAY AGREEMENT - ALLEGHENY POWER Motion made by Commissioner Iseminger, seconded by Schnebly, to approve a right-of-way agreement with Allegheny Power to run an additional service line to the Water & Sewer Department for no monetary consideration. Motion  carried with Commissioners Iseminger, Schnebly, and Swartz voting AYE and  Commissioner Wivell ABSTAINING. APPROVAL OF OPTION AGREEMENT Motion made by Commissioner Schnebly, seconded by Iseminger, to approve an option agreement with Denton K. Mullendore for right-of-way along Townsend Road needed for improvements at the bridge for $1,200 to convey 2,560 square feet in fee simple and 2,000 square feet in revertible construction easement on the north side of Townsend Road and 2,953 square feet in fee simple and 2,l86 square feet in revertible construction easement on the south side of Townsend Road. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Wivell, to convene in closed session at 2:14 p.m. to consider a proposal for a business or industrial organization to locate, expand, or remain in the State, and to discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, prior to the contract being awarded, as public discussion or disclosure could adversely impact the ability of the public body to participate in the competitive bidding or proposal process, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioner Snook arrived at the meeting at 2:26 p.m.) RECONVENE IN OPEN SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to reconvene in open session at 2:41 p.m. Unanimously approved. In closed session, the Commissioners considered one (1) proposal for a business or industrial organization to locate, expand, or remain in the State discussed and (1) matter directly related to a negotiation strategy or the contents of a bid or proposal, prior to the contract being awarded, as public discussion or disclosure could adversely impact the ability of the public body to participate in the competitive bidding or proposal process. 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; Richard Douglas, County Attorney; Beth Evans, Assistant County Attorney; Joni Bittner, County Clerk; Robert Arch, Director of Planning & Community Development; Tom Riford, EDC Marketing Specialist; and Dean Lowry, Real Property Administrator. ACCEPTANCE OF OFFER TO PURCHASE PROPERTY - BEAVER CREEK ROAD Motion made by Commissioner Schnebly, seconded by Iseminger, to accept the offer made by Luigi Perini to purchase three acres on Beaver Creek Road in the amount of $60,000 upon acceptance of the following conditions: 1) one approved percolation test is to be obtained on the property, and 2) a five- year moratorium on any development of the parcel and, after that time, any development would be in accordance with the zoning requirements in effect at that time. Motion carried with Commissioners Schnebly, Iseminger, Swartz,  and Snook voting AYE and Commissioner Wivell voting NO. COMPREHENSIVE HIGHWAY REZONING - CLEAR SPRING Motion made by Commissioner Snook, seconded by Iseminger, to advertise the original option considered on the Clear Spring Highway comprehensive rezoning and send it back to public hearing at the next joint meeting with the Planning Commission. Unanimously approved. RESCIND LABOR COUNSEL BID Motion made by Commissioner Wivell, seconded by Schnebly, to rescind the motion awarding the contract for labor counsel to Semmes, Bowen & Semmes. The County Attorney will notify the lawyers at Semmes that they are free to make a presentation to the Commissioners in response to the bid protest. Unanimously approved. FEBRUARY 9, 1999 PAGE FIVE RECESS The Commissioners recessed at 2:54 p.m. to attend a meeting with the Board of Education at Emma K. Doub Elementary School. JOINT MEETING WITH BOARD OF EDUCATION - EMMA K. DOUB ELEMENTARY SCHOOL The Commissioners met with the Board of Education at Emma K. Doub Elementary School at 3:00 p.m. The following members of the Board of Education were present: Edwin Hayes, B. Marie Byers, Mary Wilfong, Herbert Hardin, Andrew Humphries, and Paul Bailey. Staff members present were Dr. Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of Facilities Management; Teresa Flak, Assistant Superintendent; William McKinley, Executive Director of Support Services; Phillip Ray, Human Resources Director, and Christian South, Director of Budget & Finance.  Superintendents Proposed Operating Budget - Fiscal Year 2000  Dr. Bartlett reviewed the Board of Educations vision and mission statement. He stated that the Commissioners will receive a three-year plan to address issues in the Curriculum Audit. Dr. Bartlett informed the Commissioners  that the top 22 priorities in the Superintendents proposed budget for FY 2000 bring the total of new money to $8,036,658 of which $6,536,658 is local funding. Dr. Bartlett indicated that the largest expenditure requested is a cohort adjustment as a one-time add on to salaries for teachers and staff in the amount of $1,076,801 which would bring Washington County teachers from 20th place to 16th in the State of Maryland. Phil Ray, Director of Human Resources, stated that this can be paid for with personnel turn-over credits. The Commissioners discussed the budget and the items requested. Also discussed was legislation introduced which could affect the State funding formula. The next joint meeting is scheduled for March 9 at Williamsport Elementary School. RECESS The Commissioners recessed at 4:55 p.m. EVENING SESSION - TAX SETOFF PROGRAM - TOWN OF FUNKSTOWN The evening session was called to order at 7:00 p.m. at the Funkstown Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, Jr. and William J. Wivell. Also in attendance were Mayor Robert Kline and Council member Richard Nigh. 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 the calculations made for the services included in the program - parks, highways, and police. Commissioner Snook stated that for Fiscal Year 1999 the Town is estimated to receive $7,632. Commissioner Snook informed Mayor Kline that the Metropolitan Planning Organization granted a 60-day extension to the consultant preparing the road alignment study for the Funkstown by-pass. Mayor Kline stated that the Town is going to request that the State install a left-turn signal at the bridge to help alleviate the traffic congestion. Commissioner Snook then opened the meeting to hear any concerns from the Mayor and Council. Mayor Kline outlined complaints received regarding the prison work crews using the Funkstown Park. Commissioner Iseminger asked the Mayor to get in touch with the Funkstown Volunteer Fire Company to see if they can handle the additional development on the Sharpsburg Pike. He asked for a response from them. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Iseminger, to adjourn at 7:30 p.m. Unanimously approved. County Administrator County Attorney , Clerk