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HomeMy WebLinkAbout11.07.2000 MinutesNovember 7, 2000 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 John L. Schnebly. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Iseminger, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 31, 2000 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of October 31, 2000, as amended. Unanimously approved. (Commissioner Wivell arrived at the meeting at 8:44 a.m.) COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly informed the Commissioners that the School Facilities Task Force meeting would meet this week. Commissioner Swartz reported on the Senior Olympics Committee meeting. He also stated that he read to the Winter Street Elementary School students on Reading Day. Commissioner Iseminger reported on the meetings of the Senior Olympics Committee and the Planning Commission. He stated that Gary Rohrer, Director of Public Works, is making a presentation on his behalf at the Hagerstown Lions Club meeting. Commissioner Snook asked for additional information on the status of the roof repair project on the house located on French Lane and whether it had been included in the budget. Robert Arch, Director of Planning & Community Development, stated that his staff is working on a plan for the entire property. Mr. Rohrer stated that some misinformation has been disseminated on this project with regard to demolition of the outbuildings, but that he and Mr. Arch would make sure that the roof was repaired. Commissioner Snook informed the Commissioners that the County has received a grant increase of $535,000 from the Governor for the BNR project. He stated that Program Open Space approved $70,000 for the acquisition of additional land for Shaffer Park in Boonsboro. Commissioner Snook reminded the Commissioners that the Maryland Troopers Association has invited them to a breakfast meeting on December 12. He stated that, due to a conflict with the next public meeting of the Thornton Commission, he would be unable to attend the November 13 joint public hearing with the Planning Commission. Commissioner Snook stated that he attended the informational forum sponsored by the City of Hagerstown outlining the priority of their projects. The Commissioners discussed a letter from the Department of the Environment on a permit application for transport of material from the Conococheague Wastewater Treatment Plant for further treatment and agreed not to request a public informational meeting. Commissioner Wivell reported on the meeting of the Historic District Commission. REPORTS FROM COUNTY STAFF Robert Arch, Director of Planning & Community Development, reported on the Recreation & Parks Board meeting and on the City of Hagerstown’s informational forum held last week. Gary Rohrer, Public Works Director, provided an update on solid waste issues and the decision to extend exporting of waste through the end of this week. He reported that the tenant has vacated the Water & Sewer Department facility and that Greg Murray, Director of the Water & Sewer Department, is developing a plan for the space. Mr. Rohrer informed the Commissioners that the Engineering Department is working to meet the State deadlines for adoption of a new stormwater management ordinance and related policies. Alan Davis, Human Resources Director, provided an update on the additional PeopleSoft modules they hope to implement and the training requirements. NOVEMBER 7, 2000 PAGE TWO He indicated that they hope to do some test projects by the end of the fiscal year. Mr. Davis stated that his department would be sending out a letter to the outside agencies regarding the annual health insurance experience. He informed the Commissioners that the County subsidizes the outside agencies at approximately $45,000 above what they pay for the plan. Mr. Davis stated that he has been attempting to resolve problems with the Fire & EMD technicians regarding the new schedule. Debra Bastian, Director of Budget & Finance, informed the Commissioners that forms for the capital improvement program budget were sent out this week and are due back in December. She outlined some of the new procedures that will be required. Ms. Bastian stated that she is researching the formula on how the State calculates disparity grants. Ms. Bastian stated that the County is running aheadof projections on tax receipts. HUMANE SOCIETY CAPITAL FUNDING – AMENDMENT TO ANIMAL CONTROL AGREEMENT Tracey Bowman, Chairperson of the Building Committee for the Humane Society of Washington County, Inc., and Dana Moylan, Esq., attorney for the Society (the “Society”), met with the Commissioners to present a proposed addendum to the Animal Control contract of June 16, 1999 between the County and the Society (the “Agreement”). Ms. Moylan presented cost estimates for construction of the new building together with furniture and equipment needed to operate the facility. She stated that in the agreement, the County agreed to fund 70% of the cost of the facility and equipment. That portion of the agency’s budget has been calculated as the percentage devoted to animal control. The low bid for construction was $1,330,000 and the estimate of the cost for furnishings and equipment is $612,000. The County’s portion of the cost at 70% would be $1,359,024. Ms. Moylan informed the Commissioners that the financing arrangement with the banks calls for the 30% portion from the Humane Society to be paid first. The County's portion would be expended from actual costs and not on the estimates. She stated that the County would also benefit from in-kind donations from the community to the project. Ms. Bowman stated that the estimates would be refined as the project proceeds, but that she believes that the actual cost would be less than estimated due to the “worst case scenario” assumptions used in making the latest estimate. The Commissioners discussed the control of the project and their concerns about possible increases in costs through change orders. They discussed the need for having inspectors on the job at critical times in the course of the project. Mr. Rohrer expressed his concerns with the administration of the contract and possible substitutions that could be made. The Commissioners stated that they believe that they can reach a mutually acceptable agreement to limit the County’s liability and exposure on upgrades to the contract. They asked Ms. Moylan to meet with Richard Douglas, County Attorney, to negotiate the amendments to the contract. It was the consensus of the Commissioners that the County needs to have oversight on the project and that the parties should provide for inspection services through County staff or through a third-party contractor to assure that the project proceeds in a proper manner. They also asked that provisions for weather shutdowns be incorporated into the document. Ms. Moylan reviewed the financing agreement proposed with the local banking institutions. The Commissioners discussed the payment of the County share of the project and asked Debra Bastian, Director of Budget & Finance, to provide them with options for financing arrangements and report to them at next week’s meeting. PUBLIC HEARING – ESTABLISHMENT OF ST. JAMES PARK SPECIAL TAXING DISTRICT The Commissioners convened a public hearing at 10:10 a.m. to allow citizens to comment on the proposed establishment of a special taxing district encompassing approximately 443 acres of land located on Maryland Route 65, to be known as the St. James Park Special Taxing District. Timmy Ruppersberger, County Bond Counsel, explained that in legislation enacted in the General Assembly in the 1995 legislative session, Washington County became one of the counties authorized to create special taxing districts. The bond will be repaid through special assessments levied against the properties in the taxing district. Ms. Ruppersberger assured the NOVEMBER 7, 2000 PAGE THREE Commissioners that no debt or obligation would be incurred by the County. The request was made by 100% of the landowners. They plan to construct a residential development to be known as St. James Park. She stated that Rick DeGorter, the applicant, was present to answer any questions the Commissioners might have regarding the project. The Commissioners then discussed the request. At this time, Commissioner Snook opened the meeting for public comment. There was no one at the hearing who wished to comment. Motion made by Commissioner Schnebly, seconded by Iseminger, to adopt a resolution designating a special taxing district in Washington County to be known as the “St. James Park Special Taxing District;” providing for the levy of a special tax on property within the taxing district; pledging that the County will pay the proceeds of the special tax on real property within the taxing district into a special fund, creating a special fund with respect to the taxing district; providing for the use of moneys in the special fund; authorizing the County to enter into development agreements with property owners within the taxing district; providing for the issuance of special obligation bonds of the County under the terms of a resolution to be adopted by the Board of County Commissioners; making certain legislative findings, among others, concerning the public benefit and purpose of such district and bonds; and generally providing for the financing of improvements within and without the taxing district in accordance with the Special Districts Act. Motion carried with Commissioners Schnebly, Iseminger, Swartz, and Snook voting “AYE” and Commissioner Wivell voting ”NO.” (A copy of the resolution is attached.) CONTRACT AWARD – BOND COUNSEL SERVICES Motion made by Commissioner Iseminger, seconded by Schnebly, to award the contract for bond counsel services to Venable, Baetjer and Howard, LLP for the total proposal value of $59,000 (FY 01 - $14,000; FY 02 - $14,500; FY 03 - $15,000; and FY 04 - $15,500) for a one-year period, with an option to renew for up to three consecutive one-year periods thereafter based on the annual lump sum fees and at the melded hourly rates of $165 per hour for attorneys and $65/hour for all paraprofessionals and law graduates not admitted to the bar. Unanimously approved. CITIZENS PARTICIPATION There was no one present who wished to comment. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that contributions from County employees to the United Way campaign increased by 30% this year. He stated that he attended the unveiling of the bust of George Washington that was donated by Dr. Fairbanks to the Washington County Museum of Fine Arts. Mr. Shoop reminded the Commissioners of the meeting with the local delegation to the General Assembly on November 17 at the Frostburg University Center. He also reminded them that there would be a meeting on November 21 to discuss the 2001 goals. The dedication of new District Court building is also scheduled for November 21. He informed the Commissioners that Antrim Township in Pennsylvania has advertised an intention to increase sewer connection fees from $1,500 to $4,400. DEED OF EASEMENT – BELL ATLANTIC Motion made by Commissioner Schnebly, seconded by Iseminger, to approve a deed of easement for 200’ of property at the Maugansville pump station site located on Maugansville Road to allow Bell Atlantic to put in auxiliary generating equipment. Unanimously approved. APPROVAL TO TRANSFER LOTS 12-15 IN COMMUNITY ESTATES TO INTERFAITH HOUSING OF WESTERN MARYLAND, INC. Motion made by Commissioner Swartz, seconded by Iseminger, to approve the request made by Community Action Council (CAC) to transfer Lots 12, 13, 14, and 15 located in Community Estates to Interfaith Housing of Western Maryland, Inc. In exchange, Interfaith Housing will release CAC from its obligation to pay the balance of development and supervisory fees, contingent upon the property being used for low to moderate income housing. Motion carried with Commissioners Swartz, Iseminger, Wivell and Snook voting “AYE” and Commissioner Schnebly “ABSTAINING.” NOVEMBER 7, 2000 PAGE FOUR FIRE & RESCUE REVOLVING LOAN FUND REQUEST – WILLIAMSPORT VOLUNTEER AMBULANCE COMPANY Phil Ridenour, Chairman of the Fire & Rescue Association Revolving Loan Committee, met with the Commissioners to present the Committee’s recommendations on a request for a loan from the Williamsport Volunteer Ambulance Company. Mr. Ridenour informed the Commissioners that the Company has requested $17,614 from the EMS fund to purchase a 2001 model year utility vehicle for use in pulling their boat and dive trailer. The vehicle will also be used to respond on medical assistance calls. Bo Miller, Chief of the Ambulance Company, explained the need for the new vehicle. Motion made by Commissioner Schnebly, seconded by Swartz, to approve the recommendation of the Fire & Rescue Revolving Loan Committee to approve a loan from the revolving loan fund in the amount of $17,614 to the Williamsport Ambulance Company for the purchase of a 2001 model year utility vehicle. Unanimously approved. CONSOLIDATION OF CIVIL DEFENSE AND SPECIAL OPERATIONS TEAMS Phil Ridenour, Washington County Special Operations Administrator, met with the Commissioners to seek direction on the consolidation of the Civil Defense and Special Operations Teams. Mr. Ridenour stated that the 1998 Emergency Services Study recommended that the County realign its specialty teams by transferring personnel and appropriate apparatus of the Civil Defense Unit to the Hazardous Incident Response Team or fire and ambulance companies. He stated that he was assigned the task to chair the consolidation team and asked the Commissioners if they want to implement this plan or develop a modified plan. Mr. Ridenour indicated that consolidation could provide major cost reductions through combining budgets and eliminating unnecessary equipment and vehicles. Robert Myerly, Chief of Company 28, provided information on the vehicles used by the operation and on some of the conflicts between the two departments. After discussion, it was the unanimous consensus of the Commissioners to consolidate Civil Defense with the Special Operations unit in order to gain the efficiencies realized by combining all assets into one department. The Commissioner asked Mr. Ridenour to develop a plan showing how to accomplish the consolidation. MODIFICATION OF FY 2000 CONTRACT FOR FAMILY MENTORING PROGRAM AND 2001 CONTRACT RENEWAL Motion made by Commissioner Iseminger, seconded by Swartz, to approve a modification of the contract for the Family Mentoring Program for FY 2000 to allow for a part-time coordinator position that is grant funded through the Governor’s Office of Crime Control and Prevention and to renew the contract through FY 2001. Unanimously approved. RECESS – LUNCHEON AND TOUR – WASHINGTON COUNTY MUSEUM OF FINE ARTS The Board recessed at 11:43 a.m. to attend a luncheon and tour at the Washington County Museum of Fine Arts. AFTERNOON SESSION The afternoon session was called to order at 1:37 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John Schnebly, and William J. Wivell. SOUTHWEST QUADRANT ALLEY WIDENING PROJECT Jack Garrott and Rich Reichenbaugh, members of the Greater Hagerstown Committee Parking Committee, met with the Commissioners regarding the southwest quadrant alley- widening project. He stated that the preliminary cost estimate to complete the widening of the three alleys around the new District Court building is $550,000. The estimate includes utility relocation, engineering design, legal work, construction, and purchase of the Unikote building. Mr. Garrott stated that the project would include ornamental lighting, high lights, brick sidewalks and landscaping. He provided details on the benefits of the project. He indicated that the City of Hagerstown has approved $275,000 for the project. The Commissioners discussed the proposal and took it under consideration. The Commissioners agreed that, since there have been multiple requests to fund downtown NOVEMBER 7, 2000 PAGE FIVE revitalization projects, they need to prioritize them before agreeing to pay for a portion of this project. REZONING CASE RZ-99-012 (REMAND) – MARTIN MARIETTA MATERIALS, INC. Richard Douglas, County Attorney, stated that rezoning case RZ-99-012, submitted by Martin Marietta Materials, Inc., seeking an Industrial Mineral floating zone over existing Agricultural zoning was denied by the Board of County Commissioners on December 14, 1999. Martin Marietta then appealed the decision to the Circuit Court. The Court reversed the Board of County Commissioners for not stating sufficient reasons for the action taken and the case was remanded to the Board for further proceedings. Mr. Douglas explained that the Board has been instructed to ensure that the particular factors applicable to a floating zone are addressed and to refrain from considering any prior zoning violations that may have been committed by the applicant. Commissioner Wivell noted for the record that he conducted a site visit along with Tim Lung, Senior Planner; Paul Prodonovich, Zoning Administrator; John Martirano, Assistant County Attorney; and Norris Faith, an employee of Martin Marietta. Mr. Douglas then answered questions from the Commissioners on approving authorities for the permits needed by Martin Marietta. Hans Goerl, a party to the appeal, reiterated his concerns about the quarry and the asphalt plant on the property. Mr. Douglas cautioned that additional testimony is not being taken and that the Board should rely solely on the existing record. The Commissioners discussed whether they or the Planning Commission has authority to limit the quarry’s hours of operation. The Commissioners asked Mr. Douglas for clarification on a number of issues that were discussed, including hours of operation, a requirement of a bond for road damage, and a review of the powers of enforcement of the State and County. They directed him to research these matters and provide the information to them before they vote on the proposed rezoning request next week. PART-TIME ASSISTANT STATE’S ATTORNEY Motion made by Commissioner Schnebly, seconded by Swartz, to approve the appointment of a part-time assistant state’s attorney to be funded through a grant awarded to the Hagerstown Police Department in the amount of $32,385 with a local cash match of $8,096 to be funded from DEA funds for a one-year period subject to renewal, to utilize a State statute to eliminate nuisance properties. Unanimously approved. LEGISLATIVE WORKSHOP – PROPOSALS FOR 2001 SESSION OF THE GENERAL ASSEMBLY Richard Douglas, County Attorney, reviewed the proposed 2001 legislative agenda. He asked the Commissioners to prioritize the proposals they wish to submit to the local delegation to the General Assembly for their consideration. After discussion, it was the consensus of the Commissioners to formally approve the submission of the following staff legislative proposals for discussion with the delegation for the 2001 session of the General Assembly: 1) Airport Requests – There were three requests made on behalf of the Hagerstown Regional Airport, including an appropriation of funds to re-route U.S. Route 11 and construct a bridge for a runway extension at the Airport, an appropriation of $2 million in FY 2002 to subsidize scheduled commercial air service from rural airports such as Hagerstown to BWI, and an appropriation to assist Maryland airports in developing and promoting air services and facilities with a program similar to one used in Virginia. The plan would match local expenditures up to a certain level at each airport. The Commissioners suggested that a specific amount be included in the request and agreed to request $50,000 for the Hagerstown Regional Airport. 2) County Transfer Tax – the County seeks authority to impose a county transfer tax to “piggyback” on the State transfer tax. The tax would be assessed on the recordation of specified “instruments in writing” in the land records of the Circuit Court. Proceeds of the tax would be dedicated to capital projects for education, agricultural preservation, historic preservation and downtown revitalization. 3) Collection Fee Charged by the Clerk of the Circuit Court – would add a subsection to Md. Code, Courts and Judicial Proceedings Article, Section 2-213, to allow the Clerk of the Circuit Court to waive or reduce fees for collections, particularly with respect to recordation taxes. 4) Restoration of a Portion of State Property Tax to Local NOVEMBER 7, 2000 PAGE SIX Subdivisions – to restore a grant from the State that was eliminated in the 1990s. The grant was equivalent to a portion of the State tax on real property. Rodney Shoop, County Administrator, explained that a letter was received from Delegate Donald Elliott suggesting that counties request that a grant from the State be restored. The grant was equivalent to a portion of the tax on real property. The Commissioners agreed that this is a statewide issue and should be left up to the delegation as to whether to pursue the issue. 5) “Rainy Day” Fund – authorize the County to maintain cash reserves for specified purposes to help the County through lean economic times and to use for unforeseen special needs. 6) Hotel Rental Tax – the statute previously contained a provision allowing the County to collect an administrative fee of up to 5% to cover the cost of collecting and administering the funds on behalf of the Convention & Visitors Bureau. Since the County will continue to perform those functions, the provision allowing the deduction of an administrative fee should be reinstated. 7) Increase Marriage License Fees – the requested legislation would allow the Board of County Commissioners to increase the marriage license fee to $75. The additional funds would be used to assist the county domestic violence program, Citizens Assisting and Sheltering the Abused, Inc. (CASA) in funding the costs of its operations, particularly salaries. 8) Agricultural Preservation – seek additional funding from the State to aid agricultural preservation by permitting the County to purchase more agricultural easements. Commissioner Iseminger suggested that they have Eric Seifarth, Farmland Preservation Coordinator, draft a letter on the status of the program and request that the delegation lobby for additional funds. After discussion, the Commissioners agreed to the recommendation and asked that this request be removed from the legislative agenda. 9) Animal Control Ordinance Enabling Law – Make the following amendments to the animal control enabling statute: 1) broaden the licensing authority to include cats and catteries, 2) add the authority to impose criminal penalties for violations of the Animal Control Ordinance, and 3) conform the statute to the contemplated structure of the new Animal Control Ordinance to allow the animal control agency under contract with the County to enforce the ordinance, maintain records of animal control, and enter into contracts for disposal of animals, rather than the Animal Control Authority. After discussion, the Commissioners asked that requests for licensing of cats and catteries and the authority to impose criminal penalties be removed. 10) Salary Increase for Sheriff – increase the salary of the Sheriff from the current $55,000 to $67,500. It was the consensus of the Commissioners to request that the Washington County Salary Study Commission be formed as provided by statute and that the Commission review the salary of the Sheriff and other specified elected officials before they proceed. 11) Treasurer’s Compensation – amend Md. Code, Article 25, Section 51(q) to specify that the annual salary for the County Treasurer shall be determined as part of the County’s regular budgetary process. The Board asked that this request be removed from the legislative agenda so that the salary could be considered by the Salary Study Commisison. These actions will cause no delay in the implementation of any increases in salary, if approved, since the Maryland Constitution provides that no such increase shall take effect until the beginning of the next term of office, which would be January 1, 2003 for all such positions. 12) Exemption from Advertising Requirements for Covert or Undercover Operations – seek an exemption from advertising requirements in connection with the procurement of equipment and other items to be used for undercover operations of the Sheriff’s Office, State’s Attorney’s Office, and the Narcotics Task Force, for security reasons. 13) Allow Shows, Sales & Exhibitions in a Shopping Center - requesting an amendment to Md. Code, Article 24, Section 11-301 regulating transient vendors to extend an exemption now applicable to enclosed malls so that it would also apply to non-enclosed shopping centers. 14) Gaming Law Revisions – revise the gaming law, broadening the field of those organizations eligible contributions from the Gaming Fund to support projects such as the construction of branch libraries in the County. 15) Tax Credits for Lead Paint Abatement – the county Landlords’ Association has asked the Commissioners to support a bill that would grant tax credits for lead paint abatement. 16) Other requests. The Commissioners decided to request matching grant funds of up to $100,000 for the Clear Spring Library. After discussion, they directed Mr. Shoop to have staff prioritize the issues and discuss the recommendations with them before they take formal action next week to submit the requests to the NOVEMBER 7, 2000 PAGE SEVEN delegation. They agreed that a five-year “snapshot” of County projects would be of assistance and asked that it include projects from the City of Hagerstown. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Wivell, to convene in closed session at 4:06 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 Iseminger, seconded by Swartz, to reconvene in open session at 4:30 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues. 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 various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Greg Murray, Director of the Water & Sewer Department; and Brian Overcash, Safety Coordinator. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 4:30 p.m. Unanimously approved. , County Administrator __________________________, County Attorney , County Clerk