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HomeMy WebLinkAbout010313March 12, 2001 Hagerstown, Maryland JOINT PUBLIC HEARING - RZ-01-001 & RZ-01-002 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #1 at 7:00 p.m. to hear testimony and receive evidence in text amendment cases RZ-01-001 and RZ-01- 002. Presiding at the hearing were County Commissioners Vice President Paul L. Swartz and Planning Commission Chair Paula Lampton. Also present at the hearing were County Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Planning Commission members Donald Ardinger, Tim Henry, George Anikis and Ben Clopper were also in attendance. After presentations and public testimony were heard, it was announced that the record would remain open for ten (10) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 7:40 p.m. County Administrator County Attorney Commissioners Snook, the annual breakfast Extension Service at Clerk March 13, 2001 Hagerstown, Maryland Swartz, Iseminger, and Schnebly attended meeting sponsored by the Washington County 7:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 a.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. 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 - MARCH 1 & MARCH 6, 2001 Motion made by Commissioner Iseminger, seconded by Wivell to approve the minutes of March 1 and March 6, 2001, as amended. Unanimously approved. PROCLAMATION - TALL CEDAR OF LEBANON WEEK Commissioner Snook presented a proclamation to Charles Koeneke, Grand Tall Cedar of the Hagerstown Forest, designating the week of March 18-24, 2001, as Tall Cedars of Lebanon Week and commending this observance to all citizens. Mr. Koeneke thanked the Commissioners for the proclamation and announced the activities and fundraising efforts that would be held during this week to benefit research on neuromuscular diseases. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Iseminger stated that he attended the Business Awards Banquet. He reported on the meetings of the Western Maryland Consortium and the Advisory Commission to the Board of Health. Commissioner Wivell informed the Commissioners that he submitted testimony at a hearing on Senate Bill 768, which would return 11 cents of property tax revenues per $100 of assessed valuation to each county on an annual basis. He also reported on the meetings of the Water & Sewer Advisory Commission and the PenMar Development Corporation (PMDC). Commissioner Wivell stated that he will tour Eastern Elementary School next Wednesday and invited the other Commissioners to join him. Commissioner Schnebly reported on the meeting of the Historical Advisory Committee. Commissioner Swartz stated that he testified in support of House Bills 1 and 950 regarding funding for education. He reported on the meetings of MARCH 13, 2001 PAGE TWO the Commission on Aging and the Homelessness Task Force. Commissioner Swartz informed the Commissioners that he participated in "Read Across America" by reading to classes at Salem Avenue Elementary School. Commissioner Snook commended County staff for sponsoring a booth at the Homebuilders Home Show last week. He reported on meetings of the Economic Development Commission and the Western Maryland Consortium. Commissioner Snook stated that the Consortium might have funding available to establish a ridership program through the County Commuter, similar to the JOBS Program sponsored by the Department of Social Services. He informed the Commissioners that the Economic Development Commission's Celebration of Business has been scheduled for May 7. He also stated that he received a letter that construction of new post office facilities in Rohrersville, Maugansville and Boonsboro has been postponed due to budget cuts. Commissioner Snook stated that the next meeting of the Western Maryland County Commissioners would be in Garrett County on either May 4 or 18. He stated that he received letters from Delegates Shank and Donoghue that they have withdrawn legislation that would have mandated County funding for the Boonsboro fire company substation, based upon the Board's commitment to provide funding. He also reported on a letter from the State Department of Housing & Community Development that funding has been appropriated for low interest mortgages in HotSpots areas. PUBLIC HEARING - ADOPTION OF 1999 NATIONAL ELECTRICAL CODE The Commissioners convened a public hearing at 10:04 a.m. for the purpose of considering the repeal of the 1996 National Electrical Code (Code) and the enactment of the 1999 Code for Washington County with some local amendments. Paul Prodonovich, Director of Permits & Inspections, reviewed the updated Code with the Commissioners. He stated that Board of Supervisors and Examiners for Electricians reviewed the Code and recommended changes to simplify and clarify selected sections. The meeting was then opened for public comment. No one spoke in favor of or in opposition to the proposed adoption of the 1999 Code, and the hearing was closed at 10:08 a.m. Commissioner Snook stated that the record will be held open for ten (10) days to allow additional comments to be submitted in writing. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, stated that her staff has been working on the FY 2002 budgets. She stated that she has been compiling tax differential information for the upcoming Tax Setoff Committee meetings. Ms. Bastian informed the Commissioners that several employees from Frederick County government visited last week to see Washington County's PeopleSoft financial system. Alan Davis, Director of Human Resources, stated that a Memorandum of Understanding was signed last week with AFSCME Council 67 and that copies are available for distribution. He informed the Commissioners that the Salary Study Commission, the citizens committee appointed to review the salaries of elected officials, would be holding its first meeting tomorrow. Mr. Davis reported that the meeting of the Local Management Board is scheduled for March 16. He also informed the Commissioners that they are dealing with one minor issue on the joint health insurance bid and that they hope to award the contract in the near future. Gary Rohrer, Director of Public Works, informed the Commissioners of the resignation of Tom McClellan, Facilities Engineer at the Water & Sewer Department. He stated that the Highway Superintendent and several supervisors are attending a roadway management conference sponsored by the State Highway Administration. Mr. Rohrer reported that the Landis Road/Londontowne Drive project should be finished by July. He stated that they have begun meeting with the PMDC staff on issues such as the proposed new stormwater management ordinance and street acceptance policy. He also informed the Commissioners that he met with the design team on the Sheriff's patrol facility and that he would discuss his findings during the review of the Capital Improvement Program (CIP) budget. MARCH 13, 2001 PAGE THREE Robert Arch, Director of Planning & Community Development, informed the Commissioners that Paula Reed was employed to perform a historical analysis on the French Lane property. He stated that he has scheduled a meeting with the Superintendent of the Antietam National Battlefield Park to update the maps on the preservation easements near the Battlefield. Mr. Arch indicated that the Recreation Commission staff would be meeting with the Board of Education to coordinate track improvement projects through Program Open Space. He stated that the conversion process for Ditto Farms under Program Open Space has been started. Mr. Arch also reported that he would be recommending changes to the agreement with the Friends of the Museum at the Agricultural Education Center. He stated that he would be attending a confernce of the Association of Metropolitan Planning Organizations. Mr. Arch informed them that the State has started the Interstate 81 widening study. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that a joint meeting with the Washington County Volunteer Fire & Rescue Association has been tentatively scheduled for March 31. He reported that the February casual day fundraiser raised $475. Mr. Shoop stated that the funds were raised on behalf of Ethan Morningstar, a four-year old who suffers from acute myeloblastic leukemia. He reminded the Commissioners that the employee service awards breakfast is scheduled for May 1. The Board of Education's budget presentation is scheduled for April 2 at Western Heights Middle School. CITIZENS PARTICIPATION Gale Reeder, Michael Easterday and Todd Easterday appeared before the Commissioners to express their concerns with the Permits & Inspections Department. Michael Easterday provided a synopsis of problems they have encountered in the course of renovating a house on Mt. Aetna Road. After hearing from all parties, Commissioner Snook recommended that they meet with the Assistant County Attorney to discuss the situation so there are no misunderstandings regarding code enforcement. John Martirano, Assistant County Attorney, stated that he has met with the Easterdays and that there is only one outstanding issue to resolve at this time. Vicki Bodnar raised questions about changes to the Animal Control Ordinance and its enforcement. She cited problems she has encountered in her neighborhood with pit bulls. Commissioner Snook informed Ms. Bodnar that the Humane Society cannot enforce the Animal Control Ordinance inside the municipalities unless they adopt the County's Ordinance or adopt their own ordinance and provide enforcement. BID AWARD - TRACTOR WITH FLAIL MOWER FOR AIRPORT Motion made by Commissioner Schnebly, seconded by Iseminger, to award the contract for one (1) tractor with flail mower for the Hagerstown Regional Airport to Antietam Tractor, which submitted the low responsive, responsible bid of $75,823 for a five-year lease. Unanimously approved. CHANGE ORDER - STORMWATER MANAGEMENT POND AT HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Iseminger, seconded by Wivell, to approve a change order with D. L. George & Sons Construction Co. in the amount of $100,189.10 to allow unsuitable material to be excavated and replaced at the regional stormwater management pond at the Hagerstown Regional Airport. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Swartz, to convene in closed session at 11:17 a.m. to discuss a matter directly related to a negotiating strategy or the contents of a proposal, as public discussion would adversely impact the County's ability to participate in the proposal process, 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 11:30 a.m. Unanimously approved. MARCH 13, 2001 PAGE FOUR In closed session, the Commissioners discussed a matter directly related to a negotiating strategy or contents of a proposal, as public discussion would adversely impact the ability of the County to participate in the proposal process. 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; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; and Greg Murray, Director of the Water & Sewer Department. NEW BUSINESS INCUBATOR STUDY Phillip Singerman, Executive Director of Maryland Technology Development Corporation (TEDCO), and Robert Sweeney, representing Allegheny Ventures, met with the Commissioners to request their support for a TEDCO program on a business incubator study. Mr. Singerman provided a history of TEDCO and its mission. He stated that TEDCO was formed by the State to foster the growth of new technology firms in the State. Mr. Singerman then provided information on programs to support existing incubators in the State and to assist communities in developing new business incubators. Mr. Singer stated that TEDCO would share the cost of a feasibility study, so long as the County provides matching funds and that the study is done by an independent entity. Mr. Sweeney submitted a proposal to develop a concept design and implementation plan for the Friendship Technology Park incubator as a joint venture between TEDCO, Allegheny Ventures, CISCO Systems, MITC, and Washington County. He stated that the plan is to develop a multi -tenant "smart building" dedicated to start-up companies. Mr. Sweeney asked the Commissioners to provide $3,000 in funding toward the total project cost of $50,000 and a letter of support for a design and implementation plan for the Friendship Technology Park incubator. He stated that the following companies have committed to financing for the study: TEDCO - $25,000, Allegheny Ventures - $10,000, CISCO Systems - $10,000, and MITC $2,000. The Commissioners discussed the request and agreed to provide the requested funding and letter of support. Motion made by Commissioner Swartz, seconded by Iseminger, to approve the request to provide $3,000 of matching funds for the development of a concept design and implementation plan for the Friendship Technology Park incubator as a joint venture between TEDCO, Allegheny Ventures, CISCO Systems, MITC, and Washington County, with funding to be taken from the Contingency fund. Motion carried with Commissioners Swartz, Iseminger, Schnebly and Snook voting "AYE" and Commissioner Wivell "ABSTAINING." RECESS — LUNCH The Commissioners recessed at 11:51 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:00 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. INTERDEPARTMENTAL COMMITTEE ON ADOLESCENT PREGNANCY PREVENTION & PARENTING Maureen Grove and Lee Brooks, representing the Interdepartmental Committee on Adolescent Pregnancy Prevention & Parenting (ICAPPP), met with the Commissioners to provide an update on the increasing County teen pregnancy rate. Ms. Grove provided the Commissioners with a summary of the 2000 teen pregnancy survey that was done jointly by the Washington County Hospital and ICAPPP. She stated that the problem needs to be recognized and appropriate education provided to teens. Although the number of teen births in the State is declining, Washington County's rate continues to increase. Ms. Grove indicated that Washington County has the fourth highest teen pregnancy rate in the State. Ms. Grove and Ms. Brooks then reviewed the results from the survey. They stated that there were 187 births (11%) recorded at Washington County Hospital to girls aged 19 and under in 2000, including three who were 13 years of age. The survey was completed and returned by 103 girls. The meeting was then opened for discussion and questions from the MARCH 13, 2001 PAGE FIVE Commissioners. The Commissioners asked that ICAPPP attempt to find out what programs are working in other communities and what they are doing to address the problem. Commissioner Snook thanked the members of ICAPPP for providing them with the information. BUDGET WORKSHOP - FINAL CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW The Commissioners conducted a budget workshop to discuss the projects submitted for the Capital Improvements Program (CIP) for Fiscal Years 2002-2007. Debra Bastian, Director of Finance, Robert Arch, Director of Planning & Community Development, and Gary Rohrer, Director of Public Works, attended the workshop. Ms. Bastian provided a summary of the projects and the changes made at the last workshop meeting. She stated that funding for the Mills Road Culvert project could be shifted to 2007 in order to provide increased funding for the Sheriff's patrol facility. Ms. Bastian stated that if this occurs, some projects might have to be "reshuffled." Ms. Bastian reviewed the changes made in assumptions in order to lower bond costs below $12 million and stay within the debt affordability range. She stated that "pay go" funding was increased from $100,000 to $150,000, and that funds could be reappropriated. Ms. Bastian recommended, assuming there is a surplus in Highway funds, that these excess funds be used instead of bond funds to pay for the overlay program. Mr. Shoop suggested 100% funding for the overlay program from the surplus in the Highway Revenue Fund to allow bond funding to be reduced. The Commissioners then discussed bond funding and whether to use additional "pay go" funding to pay for projects or to reduce the number of projects. The Commissioners asked Ms. Bastian to provide two scenarios, increasing "pay go" funding by $500,000 and $1 million to lower bond funding. Commissioner Schnebly recommended that the Commissioners review the Board of Education's operating budget since this is the largest budget. He also emphasized that budget estimates have to be realistic because there be no be additional contingency to fund increased prices. Mr. Rohrer informed the Commissioners that he met with the consultant design team and engineering staff to evaluate the overall project budget for the Sheriff's patrol facility. He stated that they have reduced costs and that he is recommending that the Commissioners approve the revised project total of $1,814,562. Mr. Rohrer stated that this total includes design fees and equipment. He estimated the revised cost for construction of the facility at $1,604,000. The Commissioners discussed the increase from the original budget and the architect's rendition. Mr. Rohrer stated that, if the bids come in higher than the $1,604,000 projection, he would recommend that the project not be built. The Sheriff concurred with this recommendation. Motion made by Commissioner Iseminger, seconded by Swartz, to proceed with the Sheriff's patrol facility project and to set a limit of $1,604,000 for the cost of construction as recommended by the Director of Public Works. Motion carried with Commissioners Iseminger, Swartz, Schnebly and Snook voting "AYE" and Commissioner Wivell voting "NO." CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Swartz, to convene in closed session at 2:42 p.m. to discuss personnel issues, and to discuss a matter directly related to a negotiating strategy, as public discussion would adversely impact the ability of the County to participate in the proposal process, all in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Wivell, seconded by Schnebly, to reconvene in open session at 3:50 p.m. Unanimously approved. MARCH 13, 2001 PAGE SIX In closed session, the Commissioners discussed two (2) personnel issues and discussed a matter directly related to a negotiating strategy, as public discussion would adversely impact the ability of the County to participate in the proposal process. 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; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; and Dean Lowry, Real Property Administrator. RECESS The Commissioners recessed at 3:50 p.m. to attend a joint meeting with the Board of Education at the central office. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at the central office on Commonwealth Avenue at 4:15 p.m. The following members of the Board of Education were present: Paul Bailey, Mary Wilfong, Bernadette Wagner, Roxanne Ober, Dori Nipps, and Edward Forrest. Staff members present were Dr. Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of Facilities Management; William McKinley, Executive Director of Support Services; Phil Ray, Director of Human Resources; and Christian South, Director of Budget & Finance. Joint Health Insurance Bid - Update Alan Davis, Director of Human Resources, provided a brief report on the status of the joint health insurance bid. Mr. Davis stated that seven bids were opened on January 11, 2001. He indicated that the Coordinating Committee has met several times to review the bids with the consultants who assisted in preparation of the bid documents and analysis of proposals. He stated that there is one reinsurance issue to resolve with Hagerstown Community College. Mr. Davis stated that they are now negotiating with several finalists and it is hoped that a final recommendation can be made in the next several weeks. Board of Education "Retirement of Facilities" Policy Mr. McKinley stated that a joint committee met on February 28 to identify the process to retire Board of Education facilities. The process for school consolidation was presented for discussion. Mr. McKinley reviewed the proposed process for school closings. He informed the Commissioners that the four scenarios for school consolidation would be reviewed with the Board of Education to determine whether there is enough interest to proceed to obtain public input. Mr. McKinley recommended that four public meetings be held in the community at one-month intervals. He stated that, following the meetings, the Board would make a decision on whether to adopt any or all of the proposals. Mr. McKinley indicated that a decision must be made by August 20 to allow the submission of the Capital Improvements Program (CIP) to the Interagency Committee in September. The group discussed whether to hold public hearings or to use a town meeting to allow additional dialogue with the citizens. They agreed that it would be beneficial to be able to share information with the public rather than to simply hear testimony. Motion made by Commissioner Wivell, seconded by Schnebly, to disband the joint Facilities Review Committee. Unanimously approved. Commissioner Snook thanked the members of the Facilities Review Committee for their service. Mrs. Ober informed the Commissioners that the Board voted to consider redistricting of schools at the time the hearings are held. Washington County Educational Foundation Commissioner Snook stated that he met with Board members who want to revive the Washington County Educational Foundation. Mrs. Ober stated that former members of the Foundation were contacted to determine whether they were still interested in serving or if new members are needed to fill the positions. She indicated that four of the members are interested in continuing. Ms. Ober stated that they wish to hire a part- MARCH 13, 2001 PAGE SEVEN time person who would be responsible for implementing the marketing plan and to write grants. Mrs. Wagner stated that they hoped the Commissioners would fund the first year of the program. Commissioner Iseminger asked for additional information from other counties on how well educational foundations work in those jurisdictions. The meeting was then opened for questions and discussion. The Commissioners agreed to help to find interested citizens for appointment to the Foundation. It was agreed that an organizational meeting would be scheduled when there are seven members. Bernadette Wagner asked that the names of interested individuals be sent to her within the next two weeks time. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Wivell, to adjourn at 5:05 p.m. Unanimously approved. County Administrator County Attorney Clerk