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HomeMy WebLinkAbout020820 August 20, 2002 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., 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 – AUGUST 6, 2002 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of August 6, 2002, as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Swartz informed the Commissioners that he met with a reporter from the Associated Press regarding the revisions to the Comprehensive Plan and development in the Boonsboro area. He stated that he also met with the Washington County Club Association. Commissioner Swartz apologized to the Commissioners and staff if he has offended anyone with his statements in recent newspaper articles regarding the retirement package provided to John Howard, former director of the Economic Development Commission. Commissioner Wivell stated that the Cascade American Legion is planning an event to be held on September 11 to honor those who have served their country since that time. Commissioner Iseminger reported on the meetings of the Economic Development Commission and the Public Golf Corporation. He stated that he attended an inter-faith service at Christ Reformed Church. Commissioner Iseminger informed the Commissioners that he attended a ceremony at the local State Police Barracks honoring Emily Bolton, a local teen-ager who raised funds to purchase protective vests for police dogs in the State. He also reported on the business meeting at the Maryland Association of Counties (MACo) conference. Commissioner Iseminger addressed Commissioner Swartz’s earlier comments and stated that there was no need for him to apologize. He emphasized that all of the Commissioners are trying to serve the citizens as best they can. Commissioner Snook reported on the MACo conference. He informed the Commissioners that the Rural Development Agency would be making an announcement of grant awards on August 28 at Rocky Gap. Commissioner Snook stated that the opening of the Civil War Trails program is scheduled for September 13 at the Antietam National Battlefield Park. He also informed the Commissioners that Hotspots is sponsoring a public safety and government seminar at Hagerstown Community College on August 22. REPORTS FROM COUNTY STAFF Alan Davis, Director of Human Resources, informed the Commissioners that a pre-bid meeting was held on the comprehensive salary study. Gary Rohrer, Director of Public Works, reported that the Cell #2 project at the landfill is ahead of schedule. He also reported on several small engineering projects that are underway as well as the overlay project. Mr. Rohrer stated that he met with the Boonsboro Library Committee and that they have decided on a site. The Commissioners discussed the proposed site location and stated that they hope to continue discussions next week. Mr. Rohrer stated that the Court House design project is now being advertised. Joe Kroboth, Emergency Services Director, reported on the meetings of the Fire & Rescue Revolving Loan Committee and the Trauma Task Force. He stated that Emergency Preparedness Day was very successful. The Commissioners congratulated Mr. Kroboth on the presentation he made at the MACo conference. Mr. Kroboth provided information on the 911 center’s back-up communications. AUGUST 20, 2002 PAGE TWO Norman Bassett, Public Information Officer, stated that the County is joining the City of Hagerstown in planning for a community-wide commemoration ceremony on September 11 at 7 p.m. at Municipal Stadium. WASHINGTON COUNTY READING DAY Kathleen O’Connell, Michele Wills, Jim Newkirk, Michael Callas, and Florence Riedesel, members of the Partnership in Literacy Committee, appeared before the Commissioners to encourage them to proclaim June 7, 2003 as “Washington County Reading Day” and to help sponsor reading activities on that day. Mr. Newkirk asked the Commissioners for $1,000 to provide funding to publicize the event. He indicated that the group hopes to raise literacy issues in the community, reduce illiteracy among the adult population in Washington County, engage children and adolescents as readers and life-long learners, and obtain a long-term community commitment to improve and support literacy. Ms. O’Connell informed the Commissioners that there is a 17% adult illiteracy rate in the County. Ms. Riedesel then presented the Commissioners with a copy of the book “Pay It Forward.” She stated that the group is encouraging citizens to read the book and form discussion groups. Motion made by Commissioner Swartz, seconded by Schnebly, to provide $1,000 to the Washington County Free Library on behalf of the Partnership in Literacy Committee for sponsorship of Washington County Reading Day, with funds to be taken from the Commissioners’ contingency fund. Unanimously approved. APPROVE TRANSFER OF ALLOCATION – 2002 “ON BEHALF OF” (OBO) GOVERNMENT HOUSING PROGRAM Motion made by Commissioner Iseminger, seconded by Swartz, to assign Washington County’s 2002 housing bond allocation in the amount of $3,499,230 to the Community Development Administration for use in the On Behalf of (OBO) Program. Unanimously approved. PUBLIC HEARING – PROPOSED MODIFICATION OF CERTAIN LANDFILL USER FEES The Commissioners convened a public hearing to permit any resident of Washington County to appear and testify concerning the proposed change in the discount for high- volume solid waste haulers (4,000+ tons annually), municipalities, and local government agencies. The Solid Waste Advisory Committee has recommended adjusting the discount rate for bulk users of the landfill to $36 per ton. The hearing was then opened for public comment. There was no one present who wished to comment. Commissioner Snook stated that the record would remain open for ten days to allow the public to file written comments. PUBLIC HEARING – RESCINDING & REINSTATING CERTAIN ALLOCATION FEES RELATING TO JOINT SEWER SERVICE The Board of County Commissioners conducted a public hearing to permit any resident to appear and testify concerning the proposal of the Washington County Water and Sewer Department to rescind the Joint Sewer Service Fee of $2,100 for FY 2002, FY 2003 and FY 2004 adopted by the Board on April 17, 2001 and to reinstate the Joint Sewer Service Fee of $2,800 for FY 2003 adopted by the Board on April 11, 2000 in order to attain financial targets. Jim Bishop, Water & Sewer Operations Coordinator, stated that the County Commissioners adopted a three-year plan for allocation fee increases on April 11, 2000, based on financial targets derived from the Water & Sewer rate model, to increase the fees incrementally in FY 2001 through FY 2003. The fee was reduced on April 17, 2001 due to pending agreements with the City of Hagerstown and based on the premise that an interconnection of City/County systems would result in an increased service area, provide additional revenue for both agencies, and allow for a restructuring of associated fees. He stated that the proposed agreement has not been executed by the City to date, resulting in the need to rescind the fees based on that agreement and return to the original fees calculated by the model. The meeting was then opened for questions and discussion. There was no one present who wished to comment. AUGUST 20, 2002 PAGE THREE Motion made by Commissioner Schnebly, seconded by Iseminger, to reinstate the Joint Sewer Service Fee of $2,800 for FY 2003 as adopted on April 11, 2000, effective this date. Unanimously approved. BID AWARD AND BUDGET TRANSFER – FALLING WATERS ROAD CULVERT REPAIRS Motion made by Commissioner Iseminger, seconded by Schnebly, to award the contract for the Falling Waters Road culvert repairs project to Henson & Sons, Inc., which submitted the low responsive, responsible bid of $126,390, and to approve a budget transfer of $35,000 from the Miscellaneous Drainage Project account to fund the project. Unanimously approved. CHANGE ORDER & BUDGET TRANSFER – PHOENIX COLOR STORMWATER MANAGEMENT POND Motion made by Commissioner Schnebly, seconded by Iseminger to approve a change order of $67,492.35 with D. L. George & Sons Construction Company for the Phoenix Color Corporation stormwater management pond project to address continuing waterfowl issues that became evident after initial construction, and to approve a budget transfer of $30,000 from the miscellaneous drainage account to fully fund this project. Motion carried with Commissioners Schnebly, Iseminger, Swartz and Snook voting “AYE” and Commissioner Wivell voting “NO.” PUBLIC HEARING – EASEMENT PRIORITY RANKINGS – AGRICULTURAL LAND PRESERVATION PROGRAM Eric Seifarth, Farmland Preservation Coordinator, met with the Commissioners to review the easement rankings for Fiscal Year 2003 as recommended by the Agricultural Land Preservation Advisory Board. Mr. Seifarth stated that the Advisory Board has recommended that the County limit the number of applications submitted to the State to those ranked in the top ten, plus the Rowland farm. He stated that the Rowland farm is the only application that is eligible for Greenprint funding. Mr. Seifarth explained that funds from the County portion of the agricultural transfer tax would be used for funding easement purchases and administrative costs and will be matched by the State on a 60/40 basis. He then reviewed the process used by the Advisory Board to rank the properties and briefly reviewed each application. He stated that he anticipates that the State funding will be limited this year and that they would only have enough money to purchase three easements. Commissioner Snook then opened the meeting for public comment. There was no one present who wished to comment. The hearing was closed at 10:25 a.m. Motion made by Commissioner Wivell, seconded by Iseminger, to accept the recommendation of the Agricultural Land Preservation Advisory Board for agricultural easement priority rankings and to forward the 10 top-ranked applications, plus the Rowland farm which is eligible for Greenprint funds, to the Maryland Agricultural Land Preservation Foundation for consideration in the Fiscal Year 2003 easement acquisition program cycle. Unanimously approved. CITIZENS PARTICIPATION Les Burger expressed his concerns about automobiles being parked on lawns and asked that an ordinance be adopted to restrict this practice. The Commissioners suggested that he speak to Paul Prodonovich, Director of Permits and Inspections, to see if he has some insight on how this is handled in other jurisdictions in Maryland. GRANT AGREEMENT – FISCAL YEAR 2002 J.O.B.S. PROGRAM Motion made by Commissioner Wivell, seconded by Schnebly to approve the grant agreement with the State of Maryland for FY 2002 grant funding in the amount of $27,804 for the J.O.B.S. Program. Unanimously approved. SOUTHEASTERN WASHINGTON COUNTY HEALTH AND COMMUNITY SERVICES CORPORATION Motion made by Commissioner Wivell, seconded by Schnebly, to approve and accept the reconveyance of a parcel of land containing .98 acres located on the west side of Main Street in Keedysville from the Southeastern Washington County Health and Community Services Corporation to the County, and approve the conveyance of the same parcel from the County to Outdoor Sports Program, Inc. with the condition that it revert back to AUGUS5 20, 2002 PAGE FOUR the County in the event that the land ceases to be used for public health and community purposes. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that Don Heath has asked that the County draft a letter of support to the Public Service Commission in support of Verizon’s application to provide long- distance service in Maryland. The Commissioners took this under consideration and asked for additional information on the request. The Commissioners discussed the need to decide upon an arrangement regarding payment of operations and maintenance costs for the new branch libraries in the Towns of Boonsboro and Smithsburg. These costs are currently borne by the Towns. DOMESTIC PREPAREDNESS GRANT – MARYLAND EMERGENCY MANAGEMENT AGENCY Motion made by Commissioner Swartz, seconded by Schnebly, to accept a grant from the Maryland Emergency Management Agency (MEMA) in the amount of $77,460 into the budget for the purchase of emergency preparedness equipment. Unanimously approved. EMERGENCY SERVICES ADVISORY COUNCIL BY-LAWS Joe Kroboth, Director of Emergency Services, reviewed the bylaws adopted by the Emergency Services Council at its July 29, 2002 meeting. Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the Emergency Services Council by- laws as presented. Unanimously approved. (A copy of the approved by-laws is attached.) FIRE & RESCUE REVOLVING LOAN PROGRAM – FAIRPLAY VOLUNTEER FIRE COMPANY Joe Kroboth, 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 Fairplay Volunteer Fire Company. Mr. Kroboth informed the Commissioners that the company has requested $181,000 from the revolving loan fund to purchase a new pumper. Mr. Kroboth stated that the Committee is recommending approval of the loan although he outlined two exceptions with the application. He stated that the purchase was not publicly advertised for competitive bids, although Fairplay did solicit three quotes. Second, the loan requested exceeds the fifty-percent maximum amount allowed under the program by $7,521. The company is asking for a special exception from the program guidelines to approve the requested amount of $181,000. Motion made by Commissioner Iseminger, seconded by Swartz, to adopt the recommendation of the Fire & Rescue Revolving Loan Committee to approve a loan from the revolving loan fund in the amount of $181,000 to the Fairplay Volunteer Fire Company, Inc. for the purchase of a new pumper to replace an existing unit. Unanimously approved. RZ-02-002 APPLICATION FOR TEXT AMENDMENT TO THE ZONING ORDINANCE FOR WASHINGTON COUNTY Richard Douglas, County Attorney, briefly reviewed text amendment RZ-02-002. Commissioners Wivell and Schnebly noted for the record that they had listened to the tape of the hearing since they were not present. Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt zoning text amendment RZ-02-002, to amend and add certain provisions to the Zoning Ordinance and to reenact said Ordinance with the changes relating to its text. The Amendment would create a new definition and add and delete existing verbiage in the Ordinance in relation to dog kennels and the number of dogs allowed per household before a kennel license is required, pet shops, farm animals, animal hospitals, and the acreage and setback requirements for each. Motion carried with Commissioners Iseminger, Schnebly, Swartz, and Snook voting “AYE” and Commissioner Wivell voting “NO.” RECESS – LUNCH The Commissioners recessed at 11:36 a.m. for lunch. AUGUST 20, 2002 PAGE FIVE 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. OVERVIEW OF DEFINED BENEFITS RETIREMENT PLAN AND LENGTH OF SERVICE AWARD PROGRAM (LOSAP) – MACKAY SHIELDS INVESTMENT Alan Davis, Human Resources Director, introduced Virginia Rose, Rudy Carryl, and Chris Harms, of MacKay-Shields who were in attendance to review the performance of the defined benefits retirement plan and the Length of Service Award Program (LOSAP) for the period ending June 30, 2002. Ms. Rose introduced the members of the County’s investment team and reviewed the defined benefits retirement plan. Mr. Carryl reviewed the performance of the retirement plan. He stated that there have been some losses but he believes that in general the performance was “decent to positive.” He stated that MacKay Shields has gone back to the fundamentals. Mr. Carryl reviewed the process that MacKay- Shields uses in selecting stocks, as well as the risk controls. He also outlined the County’s largest positions as of June 30. He stated that the portfolio composition is made up of 54.6% equities, 42.4% fixed income, and 2.9% cash equivalents. Chris Harms, manager of the Fixed Income Stock Portfolio, reviewed the portfolio for fixed income. He indicated that the County’s portfolio is in a good position but they are considering making some changes to the plan. They also reviewed the LOSAP Program. Mr. Davis stated that the plan has only been in effect for two years and needs a longer period to mature before any changes are made. The meeting was then opened for questions from the Commissioners. WORKSHOP – COMPREHENSIVE PLAN Robert Arch, Director of Planning & Community Development, met with the Commissioners to discuss the proposed revisions to the Comprehensive Plan. Mr. Arch provided an overview of the requests made for individual map changes and changes in the Urban Growth Area (UGA) boundaries. The Commissioners reviewed each request individually and made the following decisions: 1) The Commissioners denied the request to include the Perini Glen Erin II property within the UGA boundary. 2) The Commissioners denied the request to include 120 acres owned by Kent Oliver in the Beaver Creek area within the UGA boundary. Commissioner Iseminger went on record saying that once utilities are extended to the area, this property would be a logical candidate for inclusion in the UGA. 3) The Commissioners approved the request made by Floyd & Vivian Kline to include a 102-acre parcel located near the Cearfoss Pike in the UGA boundary. 4) The Commissioners approved the request made by Donald Hoffman to include Parcel 102 in the UGA boundary and denied his request to include Parcel 533. 5) The Commissioners approved the requests made by A.C. & T. to change the zoning on properties located at State Line (parcels 4 and 97) and Virginia Avenue from residential to commercial. They also approved a request to change the Spickler property at State Line to commercial. 6) The Commissioners denied the request made by local citizens to remove the Bowman parcel located at the intersection of I-68 and I-81 from the UGA boundary. 7) The Commissioners denied the request made by an adjacent property owner to include the entire Emralshaool property in Smithsburg in the Environmental Conservation zone and to allow the zoning to remain as proposed – divided between Agriculture and Environmental Conservation. 8) The Commissioners denied the request to include a 3-acre parcel, owned by Klein Realty, off of the Leitersburg Pike in the UGA boundary. AUGUST 20, 2002 PAGE SIX 8)The Commissioners denied a request to change the zoning from environmental conservation to agriculture for properties owned by Nevin Lewis on the west side of Crystal Falls Drive. The Commissioners asked for additional information on two requests and agreed to consider those two final requests as well as density issues at the next workshop meeting. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Schnebly, to convene in closed session at 3:39 p.m. to discuss a personnel matter and 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 4:50 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters and consulted with counsel to obtain legal advice on four (4) 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; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Alan Davis, Director of Human Resources; J. Theodore Wolford, Superintendent of the Highways Department; and Mr. and Mrs. Joseph Ralls. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at 4:51 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk