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HomeMy WebLinkAbout990601 June 1, 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 President Gregory I. Snook with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, Jr., and William J. Wivell. 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 - MAY 25, 1999 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of May 25, 1999, as amended. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook stated that he received numerous phone calls in opposition to the proposed annexation of land on Mt. Aetna Road by the City of Hagerstown. He reminded the Commissioners that the joint rezoning hearing is scheduled for June 14 at the Court House. Commissioner Snook reported on the meeting of the Hagerstown/Eastern Panhandle Metropolitan Planning Commission. He read a letter from the Clear Spring Library Committee thanking the Commissioners for their assistance with the project. Commissioner Snook distributed a letter from Mayor Bruchey outlining the costs for disposal of municipal waste at the County landfill and requesting that the Commissioners consider reducing the charges. Commissioner Swartz informed the Commissioners that he toured the new minor league baseball stadium in Altoona, Pennsylvania, with a contingent from the area. He stated that the stadium task force committee will be making its report in mid-June. Commissioner Wivell reported on the Solid Waste Advisory Committee meeting. Commissioner Snook asked that the Committee provide their input on issues  regarding the cemetery at the 40 West Landfill when the consultants report is finalized. Commissioner Iseminger stated that he spoke at the graduation at the Marshall Street School. (Commissioner Schnebly arrived at the meeting at 9:08 a.m.) INFORMATION ON TRIAD ANNEXATION - MT. AETNA ROAD Robert Arch, Director of Planning & Community Development, met with the Commissioners to review information on the proposed annexation of property along Mt. Aetna Road into the City of Hagerstown. Mr. Arch reviewed information on the project and a memorandum of law filed by William Wantz, attorney for the homeowners in the area, to the City Planning Commission at its public hearing on the proposed annexation. He stated that the annexation petition before the City is for a 36.69 acre site located on the south side of Mt. Aetna Road. The land is currently zoned Agricultural under the Washington County Zoning Ordinance. Mr. Arch informed the Commissioners that the application before the City asks for R-2 zoning. The developers have indicated that they intend to apply for a planned unit development (PUD) overlay after the property is annexed. Mr. Arch stated that the developer is requesting 7.81 units per acre in the  PUD request which is fewer than is allowed under the Citys R-2 classification.  He indicated that a PUD would be permitted in the Countys Agricultural zoning because the property lies within the urban growth area. He explained that the  Countys Road Adequacy Policy would have to be addressed by the developer as well as any stormwater management requirements. Mr. Arch stated that the City held the record open for public comments for ten (10) days. Richard Douglas, County Attorney, stated that the law provides that a municipality may not, for five years following the annexation, place the annexed property in a zoning classification which permits a land use substantially different from the use for the land specified in the master plan without the express approval of the  County Commissioners. Mr. Arch stated that the Citys R-1 and Agricultural  zones more closely resemble the Countys current Agricultural zoning.  Commissioner Iseminger stated that the Citys R-2 zoning is not consistent with  the Countys present Agricultural zoning. He indicated that there are older single-family developments in the area and that the County would be remiss in saying that there is consistency. Commissioner Iseminger also expressed concern that the PUD process is not part of the annexation procedure and would have to be approved at a later date. He stated JUNE 1, 1999 PAGE TWO that the Commissioners need to protect the rights of the citizens in that area. The Commissioners discussed whether it would be possible to have a referendum for voters in that precinct to vote on the annexation. Mr. Douglas reviewed the referendum requirements and, after discussion, the Commissioners agreed that it is not a practical option. Commissioner Swartz concurred that the R-2 zoning is clearly not compatible with existing zoning and stated that single-family residential zoning would be more appropriate. Commissioner Snook stated that the City is going to provide a map showing the areas that they propose for annexation in the future. He indicated that he does not want to send the wrong message that the County does not want to cooperate with the City. Motion made by Commissioner Iseminger, seconded by Wivell, to deny the express approval of the Board of County Commissioners regarding the request of Triad Properties for annexation of 36.69 acres along the south side of Mt. Aetna Road for the reason that the requested R-2 zoning is not consistent with the present County Agricultural zoning and the uses permitted are not compatible. Motion carried with Commissioners Iseminger, Wivell, Swartz, and Snook voting  AYE and Commissioner Schnebly ABSTAINING. BID AWARD - ELECTRICAL MAINTENANCE SERVICE Motion made by Swartz, seconded by Wivell, to award the contract for electrical maintenance services to Kube Electric Company, Inc. which submitted the low responsive, responsible bid of $15,225, with the following labor rates for services: Regular Working Hours - Electrician $16.50, Helper $10.50; Evenings & Saturdays - Electrician $25.00, Helper $16.00; Sundays & Holidays - Electrician $25.00, Helper $16; and Consulting & Design Service $30. Motion  carried with Commissioners Swartz, Wivell, Iseminger, and Snook voting AYE  and Commissioner Schnebly ABSTAINING. BID AWARD - ELEVATOR MAINTENANCE SERVICE AGREEMENT Motion made by Schnebly, seconded by Iseminger, to award the contract for elevator maintenance service to Eastern Elevator Service & Sales Co. which submitted the low responsive, responsible bid of $10,452 and service rates for time not covered by the maintenance contract of $60.50 regular and $84.70 overtime. Unanimously approved. BID AWARD - HEATING, VENTILATING, AIR CONDITIONING AND AUTOMATIC TEMPERATURE CONTROLS MAINTENANCE SERVICE Motion made by Swartz, seconded by Schnebly, to award the contract for heating, ventilating, air conditioning, and automatic temperature controls maintenance service to Zeigler Mechanical/Electrical Contractors, Inc. which submitted the low responsive, responsible bid of $92,300 with the following labor rates for service: Regular Working Hours - Technician $40, Helper $34; Evenings & Saturdays - Technician $60, Helper $51; Sundays & Holidays - Technician $60, Helper $51; and Consulting & Design Service - $125. Unanimously approved. BID AWARD - PLUMBING & HEATING MAINTENANCE SERVICES Motion made by Commissioner Schnebly, seconded by Swartz, to award the contract for plumbing and heating maintenance services to Beaver Mechanical Contractors, Inc. which submitted the low responsive, responsible bid of $25,008.50 with the following labor rates for services: Regular Working Hours - Plumber $24.25, Helper $18.50; Evenings & Saturdays - Plumber $36.38, Helper $27.75; Sundays and Holidays - Plumber $48.50, Helper $37.00. Unanimously approved. BID AWARD - OFFICE SUPPLIES, DESK-TOP DELIVERY TO WASHINGTON COUNTY DEPARTMENTS/AGENCIES Motion made by Commissioner Wivell, seconded by Swartz, to award the contract for the desk-top delivery of office supplies to Washington County departments and agencies to Boise Cascade Office Products which submitted the total low responsive, responsible bid of $27,945.04. Unanimously approved. Commissioner Wivell asked the Purchasing Agent to continue her efforts to  piggyback this contract with the Board of Education and County municipalities. PUBLIC HEARING - AIRPORT RATES The Commissioners convened a public hearing to consider the proposed increase in current charges, rentals and fees at the Hagerstown Regional Airport. Carolyn Motz, Airport Manager, and Ed Rakowski, Operations Manager, presented the current and proposed rates for T-Hangars, tie-downs, proposed ramp fees, JUNE 1, 1999 PAGE THREE landing fees, and fuel flow fees. Ms. Motz stated that the proposed rates would bring in additional revenue if adopted. After questions from the Commissioners, the hearing was opened for public comment. No one present elected to speak in favor of or in opposition to the proposed rate increases. The hearing was closed at 10:10 a.m. Motion made by Commissioner Schnebly, seconded by Swartz, to adopt the proposed increase in current charges, rentals and fees at the Hagerstown Airport as presented. Unanimously approved. Ms. Motz and Mr. Rakowski informed the Commissioners that the Hagerstown Regional Airport received a perfect score with no discrepancy reports on its FAA Regulation Part 139 inspection with Index A - Rescue and fire fighting. Ms. Motz reviewed the nature of the inspection and complimented the staff at  the Airport for their hard work. Ms. Motz stated that the justification study for the proposed new runway will be done as part of the Airport Layout Plan update. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS The Commissioners convened a public hearing to consider applications AD-99-06, AD-99-07, and AD-99-08 for the establishment of agricultural land preservation districts. Eric Seifarth, Farmland Preservation Planner, reviewed each of the applications. He stated that they have been approved by the Agricultural Land Preservation Advisory Board and that the Planning Commission has found that granting the applications would be consistent with the Comprehensive Plan. Mr. Seifarth stated that AD-99-07 submitted by Beckley/Forsythe is for a five- year agricultural district to allow them to be eligible for the permanent easement sale. They will not receive a property tax credit for the five-year district. No one present elected to speak in favor of or in opposition to the applications. Motion made by Commissioner Iseminger, seconded by Swartz, to approve application AD-99-06, submitted by LeRoy Myers, for establishment of a 10-year agricultural land preservation district as presented for three sections totaling 151.08 acres and AD-99-08, submitted by Joy E. Zepp, William W. Zepp, Janet L. Stiles, and Tracy E. Stiles, for establishment of a 10-year agricultural land preservation district as presented for three sections totaling 201.41 acres, finding that the applications were compatible with the goals and objectives of the Comprehensive Plan and earned the approval of the Agricultural Land Preservation Advisory Committee. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, to approve application AD-99-07, submitted by Robert Beckley, Jr., Helen Beckley, William S. Forsythe, and Nancy L. Forsythe, for establishment of a 5-year agricultural land preservation district as presented for three sections totaling 162.65 acres, based on the goals and objectives of Comprehensive Plan and the approval of the Agricultural Land Preservation Advisory Committee. Unanimously approved.  CITIZENS PARTICIPATION Mike Mooers, representing the emergency medical technicians from Community Rescue Service, asked the Commissioners to consider amending the Zoning Ordinance to require fencing in Industrial Mining districts. He cited a recent incident in which a six-year old boy fell to his death at a quarry which was not fenced. Mr. Mooers stated that the Planning Commission decision directed that a chain-link fence and berm be erected but this decision was overturned on appeal in 1993. Commissioner Iseminger suggested that he contact the Maryland Department of the Environment, which is responsible for permitting new quarry operations, as to any additional requirements. Donald Allensworth stated that there is a debate on a local radio talk show regarding the control of County government. He also expressed concerns that the Commissioners may consider a tax on development.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the celebration of the 35th anniversary of SCORE will be held later today. APPROVAL OF ADDENDUM - RENTAL ASSISTANCE PROGRAM Motion made by Commissioner Iseminger, seconded by Schnebly, to approve an addendum to an agreement with Community Action Council, Inc. (CAC), to authorize CAC to administer the Rental Assistance Program (RAP), and require  CAC to provide the Countys Department of Planning & Community Department with copies of all grant applications, correspondence and related documents which JUNE 1, 1999 PAGE FOUR are submitted to the Community Development Administration along with any decisions relating to the administration of the RAP Program. Unanimously approved. RESOLUTION ESTABLISHING WATER & SEWER ECONOMIC DEVELOPMENT LOAN FUND Richard Douglas, County Attorney, presented a resolution to the Commissioners regarding the establishment of a revolving loan fund for industrial pretreatment customers who would use the Conococheague Industrial Pretreatment Facility (CIPF). Rodney Shoop, County Administrator, reviewed the reasons for establishing the fund. He stated that this fund is in partial response to the challenge of Secretary Mike Lewin of the Department of Business & Economic Development to address the high cost of water and sewer service for new industry in the County. Mr. Shoop stated that the fund would be used to make low-interest loans to major new or expanding water and sewer customers to pay fees. Timothy Troxell, Assistant Director of the Economic Development Commission, informed the Commissioners that this fund could be used as the  Countys 10% match for State funds. He noted that the State has a program which would match the amount the County places in the revolving loan. The Commissioners discussed their concerns that regulations and guidelines be adopted for the use of the fund as well as provisions for underwriting the loans. The Commissioners also asked that the resolution be expanded to include provisions for the domestic plant as well as the CIPF. The Commissioners agreed to adopt the resolution after the revisions are made and following discussion this afternoon with the Water & Sewer Advisory Commission. FISCAL YEAR 1999 RETIREMENT EMPLOYER CONTRIBUTION Alan Davis, Director of Human Resources, met with the Commissioners to review his recommendation that they consider using a portion of the $1 million designated as the FY 1999 employer pension contribution for a one-time employee bonus to be distributed no later than June 30, 1999. Mr. Davis explained that the County has a GASB #5 funding ratio of 130 percent. This funding ratio does not include the $1 million in employer contribution scheduled to be made in June 1999. He stated that a recent meeting with the  Countys retirement actuaries confirmed that the retirement plan provides adequate benefits and is financially sound. Total plan assets as of April 30, 1999 were $34,264,656. Mr. Davis emphasized that the actuaries estimated that  the Countys pension system is in the top two percent of all municipal retirement plans in the state of Maryland and that they also support this limited one-time use of the employer contributions. On average, with the increased cost of medical care due to changes in benefits, employees will receive a net 1-3% increase in salary for the next fiscal year. Mr. Davis presented several options to the Commissioners. Option one would provide a flat amount to all participants. Option two would base the payment on the actual retirement participation of the employee. The Commissioners then discussed the options presented by Mr. Davis. Motion made by Commissioner Swartz to provide a one-time bonus of $1,250 to each regular, full-time County employee and provide the remainder of the designated employer contribution to the pension plan. After discussion, Commissioner Swartz withdrew his motion to allow the Commissioners to consider this request and revisit it on June 8. RECESS - LUNCH The Commissioners recessed at 12:02 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:10 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Wivell, to convene in closed session at 1:10 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice, and to consider issues relating to collective bargaining, 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 Iseminger, to reconvene in open session at 2:49 p.m. Unanimously approved. JUNE 1, 1999 PAGE FIVE In closed session, the Commissioners consulted with counsel to obtain legal advice on two (2) matters, discussed three (3) personnel issues, and considered issues relating to collective bargaining. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Carolyn Motz, Airport Manager; William Wantz, Esq.; Dawn Barnes, Assistant Director of Finance; Karen Luther; Purchasing Agent; Shelley Moore, Executive Director of the Washington County S.P.C.A.; Tracey Bowman, President of the S.P.C.A. Board of Directors; and Dana Moylan, counsel for the S.P.C.A. UNIVERSITY SYSTEMS OF MARYLAND - COORDINATOR POSITION Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the hiring of Robert Sweeney by the University System of Maryland (USM) to act as coordinator for development of a USM campus in Washington County and to agree to pay one-third of the salary for this position. Unanimously approved. WORK SESSION WITH BOARD OF EDUCATION Commissioner Schnebly informed the Commissioners that the Board of Education would like to schedule a work session with them on a Thursday to discuss the  Commissioners concerns with curriculum issues. The Commissioners agreed to this recommendation. RECESS The Commissioners recessed at 2:50 p.m. JOINT MEETING WITH THE WATER & SEWER ADVISORY COMMISSION The Commissioners met with Water & Sewer Advisory Commission members Bonnie Parks, Glenn Fishack, Gordon Crabb, Michael Armel, and Christopher Diehl. Communications and Schedules Christopher Diehl, Vice-Chairman of the Water & Sewer Advisory Commission, discussed the need for better communications with the Commissioners. He stated that they would like direction from the Commissioners regarding the types of issues the Commissioners want them to address. Mr. Crabb also asked Commissioners to provide feedback to the Advisory Commission when they do not implement their recommendations. Commissioner Schnebly explained that many factors enter into a decision to adopt a particular recommendation. He also asked for as much lead time as possible to review the recommendations. Commissioner Snook stated that Commissioner Wivell, as the Board  representative on the Advisory Commission, can also provide the Commissioners perspective on issues. Also discussed was the need to hold a joint meeting well before the budget session. Commissioner Snook asked Mr. Diehl to contact  the Commissioners office to schedule a meeting when issues arise which need to be discussed by both bodies. Debra Bastian, Director of Finance, stated that one of the issues which the Advisory Commission wishes to discuss would require a change in the philosophy on the billing of customers. She indicated that if the Commissioners are interested in changing the methodology for billing, the decision should be made in the near future. Commissioner Iseminger stated that the Advisory Commission will be addressing new areas in which to cooperate with the City of Hagerstown and the rate structure. The Commissioners agreed to schedule a meeting with the Advisory Commission to allow them to better understand how the rates are set and the various options for billing. Rate Methodology Proposal Mr. Armel presented a copy of his proposal to modify the manner in which revenue is generated from full-service customers. He stated that it would produce the same amount of base revenue and would not change the rates or the process for rate setting, but would eliminate the distinctions between the classes of full-service customers. The Commissioners stated that they would like to discuss the proposal with the Advisory Commission in more detail after they have more had more time to review it. Growth Opportunities Mr. Diehl asked that the Commissioners consider issues regarding growth. He stated that the system cannot grow without general fund contributions from the Commissioners. Greg Murray, Director of the Water & Sewer Department, stated that they have submitted applications for State and Federal grant funding for FY 2001. He informed the Commissioners that areas being considered for service are subdivisions such as Rolling Hills, Holiday Acres, Greenvale Village, and Beaverbrook. The Advisory Commission feels that the JUNE 1, 1999 PAGE SIX Commissioners should consider revisiting this issue and consider serving these subdivisions as an entire service area and not in a piecemeal fashion. Mr. Diehl stated that these areas are in need of service due to failing septic systems. Gary Rohrer, Director of Public Works, provided a history of the project. Mr. Murray stated that increasing the customer base would help to lower the rates for all customers if grant monies could be obtained to fund the projects. Commissioner Snook asked the Advisory Commission to address the issue of land application of sludge in the County and provide an analysis as to whether it makes good business sense and benefits the community. Mr. Murray stated that a cost analysis showed that the County could save in excess of $50,000 each year if they agree to land application of sludge. However, there is a capital  investment for storage and the States new nutrient management plan may limit phosphorus which could significantly drive up the costs. The Commissioners thanked the Advisory Commission and stated that they will set up a workshop to discuss rates. The Commissioners asked that the Advisory Commission also set up a joint meeting with the Economic Development Commission in the near future. RESOLUTION ESTABLISHING WATER & SEWER ECONOMIC DEVELOPMENT LOAN FUND Commissioner Snook distributed the revised Resolution to Establish a Water & Sewer Economic Development Fund. He stated that guidelines and criteria will be developed in the future. Motion made by Commissioner Wivell, seconded by Schnebly, to approve the revised resolution to create a Water & Sewer Economic Development Fund to assist existing businesses to expand and to attract new commercial users for the Conococheague Industrial Pretreatment Facility and the Conococheague Wastewater Treatment Plant, as presented by the County Attorney. Unanimously approved. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Iseminger, to adjourn at 5:23 p.m. Unanimously approved. County Administrator County Attorney , Clerk