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HomeMy WebLinkAbout021210 December 9, 2002 Hagerstown, Maryland Commissioners Kercheval, Munson, and Nipps met at the Water and Sewer Department from 9:00 a.m. to 12:00 noon to discuss Water and Sewer Department operations and to tour the facility. December 10, 2002 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 7:30 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. 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 – NOVEMBER 26 & DECEMBER 3, 2002 Motion made by Commissioner Kercheval, seconded by Wivell, to approve the minutes of November 19 and December 3, 2002, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he met with the Director of Planning & Community Development regarding various Planning Commission matters. He reminded the Board that the next joint rezoning hearing is scheduled for January 13. Commissioner Kercheval stated that the Water & Sewer Department staff is preparing a timeline showing various water and sewer issues with the City of Hagerstown. Commissioner Wivell reported that he attended the Homebuilders Association’s Christmas banquet, the Antietam Battlefield Illumination, the Highways Department Christmas party, and the PenMar Development Corporation (PMDC) meeting. He stated that he also toured the Letterkenny Army Depot with the PMDC Director and attended a joint City/County meeting on the water and sewer litigation. Commissioner Wivell informed the Commissioners that he helped to judge the Funkstown Olde Tyme Christmas decorations. He stated that the Public Service Commission would be holding a hearing this week to make a determination on whether the Commission would have jurisdiction on sewer rates charged by the City of Hagerstown. The Commissioners agreed to schedule a meeting with various animal rescue groups on January 16. Commissioner Munson reported on the Fire & Rescue Communications Advisory Board meeting. Commissioner Nipps reported on the Historic District Commission meeting. She also reported on a tour of Children’s Village that was taken by Habitat for Humanity staff. Commissioner Snook informed the Commissioners that he attended the Associated Builders and Contractors Christmas banquet. He stated that he attended a meeting, along with Senator Munson and Delegate Shank, regarding the proposed park expansion project in Boonsboro. Commissioner Snook shared his concern that the State may eliminate Program Open Space funds for park projects due to the budget shortfall. He indicated that he would like the Economic Development Commission to look into whether signs could be placed on the interstates noting that Washington County is a certified business community and also has a designated Foreign Trade Zone. The Commissioners discussed developing criteria for disbursement of hotel rental tax funds. Commissioner Snook reminded the Commissioners that the next Metropolitan Planning Organization meeting is scheduled for December 19. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, stated that he attended a meeting regarding the State’s intent to upgrade the tower on Lambs Knoll. He indicated that it is important to the communications system. Mr. Rohrer DECEMBER 10, 2002 PAGE TWO informed the Commissioners that he met with James Hamill, President of the Washington County Hospital Association, to initiate discussions regarding traffic and transportation issues that would occur with the construction of a new hospital facility at Robinwood Drive and the upgrades that would be required to facilitate the increased traffic that would be generated. He stated that he would be meeting with members of the Homebuilders Association to get input on proposed updates of various County policies. Joe Kroboth, Director of the Emergency Services Department, stated that they have had the kick-off of the home chemical safety program for 2002. He informed the Commissioners that he met with the leadership of Community Rescue Service regarding its business plan. Mr. Kroboth reported on the Fire & Rescue Advisory Committee meeting. He stated that he has made a request to purchase equipment through a grant for domestic preparedness. He also informed the Commissioners that a group has been formed to make recommendations on the needs of local fire companies to handle the larger homes that are being built in rural areas. REQUEST FOR ADDITIONAL COURT REPORTER Administrative Judge Fred Wright, III, met with the Board to request that the County use the fiscal savings from the elimination of two County-funded law clerk positions to hire an additional Court Reporter (Grade 8) for the Family Law Division. Alan Davis, Human Resources Director, informed the Commissioners that the State law requires that local fiscal savings resulting from the transfer of the law clerk positions to the State be used only to increase local expenditures for circuit court or related public safety purposes. Motion made by Commissioner Nipps, seconded by Wivell, to approve the request to hire an additional Court Reporter (Grade 8) using the local fiscal savings from the elimination of two County-funded law clerk positions, in accordance with Md. Code, Courts and Proceedings Article, Section 2-512, effective January 1, 2003. Unanimously approved. REPORTS FROM COUNTY STAFF – CONTINUED Alan Davis, Director of Human Resources, informed the Board that negotiations with AFSCME Local 267 should begin next month. On behalf of the Leadership Hagerstown Alumni Association, he invited the Commissioners to the Leadership Hagerstown Christmas party at the Miller House on December 12. NEIGHBORHOOD INITIATIVE’S PEER EDUCATION PROGRAM Stephanie Stone, Director of the Washington County Community Partnership for Children & Families (WCCP), and Gina Hartley, WCCP Project Coordinator, met with the Commissioners to provide an overview of the Neighborhood Initiative Peer Education Program that is being awarded $10,000 through the Governor’s Office of Crime Control & Prevention. The main goal of the Initiative is to identify high-risk, under-served neighborhoods and provide services based on the community assessment that was performed. The program devised consists of four main components with goals to develop leadership capabilities, decrease substance abuse, decrease the rate of unprotected sex, and assist youth to identify and make plans to achieve educational and career goals. Ms. Stone stated that they hope to be recommending a vendor to perform the components of the strategic plan to them on December 17. She indicated that they have also been awarded funding to implement the plan. The meeting was then opened for questions and discussion. CONTRACT AWARD – MARYLAND AFTER SCHOOL OPPORTUNITY FUND PROGRAM Motion made by Commissioner Nipps, seconded by Munson, to award the contract for the Maryland After School Opportunity Fund Program “Providing Every Middle School Student the Opportunity 4A’s” to Girl’s Inc. of Washington County in the amount of $370,000 for a two-year grant, contingent upon the concurrence of the State. Unanimously approved. DECEMBER 10, 2002 PAGE THREE BID AWARD – POOL AND WATER/WASTE WATER CHEMICALS Motion made by Commissioner Wivell, seconded by Nipps, to “piggyback” on the Anne Arundel County contract and award the contract for pool and water/wastewater treatment chemicals to the lowest responsive, responsible bidders as follows for a one- year contract with two renewals: Item #3 (Light Soda Ash) – George S. Coyne - $678.30/ton; Item #4 (Liquid Chlorine) – Univar USA, Inc. - $54,00/150 lb. cylinder; Item #8 (Hydrofluosilicic Acid) – Univar USA, Inc. - $39.75/15 gal. pail; Item #10 (Sodium Dioxide) – Univar USA, Inc. - $54.00/150 lb. cylinder; Item #15 (Hydrated Lime 35%) – Global Stone Chemstone Corp. - $85/ton; Item #23 (Ferrous Chloride bulk) – George S. Coyne - $.48/gallon; Item #25 (Powdered Activated Carbon) – Vopak USA, Inc. - $27.09/55 lb. bag; Item #20 (Liquid Caustic 25% bulk) – Jones Chemical Co. - $.4774/gallon; Item #27 (Liquid Caustic 25%) – Univar USA, Inc. - $48.95/drum; Item #35 (Powdered Activated Carbon) – U.S. Filter - $840/ton; Item #36 (Granular Activated Carbon) – Barneby Sutcliff - $1,160/ton; Item #40 (Sodium Hypochlorite) – Univar USA, Inc. - $44/drum; Item #44 (Liquid PolyAluminum) - Univar USA, Inc. - $.13/gallon; Item #48 (Granular Calcium Hypochlorite) – George S. Coyne - $92.70/pail; Item 56 (Cyanuric Acid) - Univar USA, Inc. - $1.52/pound; Item #57 (Calcium Chloride) – Tilley Chemical Co, Inc. - $.20/pound; Item #59 (Muriatic Acid) – Univar USA, Inc. - $30/pail. Unanimously approved. CONTRACT FOR LEACHATE HAULING – REQUEST TO ADD FUEL SURCHARGE Karen Luther, Purchasing Agent, informed the Commissioners that a request was made by A.C.& T. of Hagerstown to add a fuel surcharge on the Contract for Leachate Hauling from County Landfills to the Water & Sewer Department for disposal. Ms. Luther stated that the present contract with A.C.& T expires April 30, 2003 and does not provide for any revisions to the bid prices during any one-contract year. She recommended that the Commissioners reject this request. Motion made by Commissioner Kercheval, seconded by Munson, to reject the request made by A.C.& T. of Hagerstown to add a fuel surcharge on the Contract for Leachate Hauling from County Landfills to the Water & Sewer Department for disposal. Unanimously approved. PRE-DISASTER MITIGATION GRANT Motion made by Commissioner Wivell, seconded by Kercheval, to accept the offer of a $30,000 planning grant from the Maryland Emergency Management Agency and authorize the development of a Pre-Mitigation All-Hazard Plan for Washington County. Motion carried with Commissioners Wivell, Kercheval, Nipps and Snook voting “AYE” and Commissioner Munson voting “NO.” BID AWARDS – INDUSTRIAL EQUIPMENT FOR COUNTY HIGHWAY DEPARTMENT Motion made by Commissioner Nipps, seconded by Munson, to award the contracts for industrial equipment for the County Highway Department to the lowest responsive, responsible bidders as follows: One (1) 6-Man Crew Cab with utility body – Hagerstown Ford - $51,315; Four (4) Dump Trucks – Industrial Motor Supply - $368,956 (total); One (1) Cab & Chassis – Industrial Motor Supply - $141,062; Two (2) Tractors - Antietam Tractor - $63,744 (total); and Two (2) Dump Trucks – Industrial Motor Supply - $149,110 (total). Unanimously approved. WASHINGTON COUNTY HISTORIAL ADVISORY COMMITTEE Pat Schooley, George Anikis, and Preston Law appeared before the Commissioners to introduce the Historical Advisory Committee members. She stated that the purpose of the Committee is to offer their help in saving historic properties. She outlined the economic advantages of saving the County’s historic fabric. Mr. Anikis provided information on the make-up of the Committee. He stated that they have been successful in getting business- persons to save historic structures. Mr. Law stated his interest in developing tourism in the area. Ms. Schooley explained the curatorship program being considered for the French Lane property. After discussion, it was the consensus of the Commissioners to have the Historical Advisory Committee proceed in DECEMBER 10, 2002 PAGE FOUR developing a proposal for a curatorship program for the French Lane property. PRESENTATION OF 2002 OUTSTANDING CONSERVATION FARMER AND SUSTAINING CONSERVATION FARMER AWARDS John Herbst, Vice-Chair of the Board of Supervisors of the Washington County Soil Conservation District, and Elmer Weibley, District Manager, met with the Commissioners for the presentation of the 2002 Outstanding Conservation Farmer Award and the 2002 Sustaining Conservation Farmer Award. Commissioner Snook presented a Certificate of Merit to members of the Robert Martz family who were selected as the 2002 Outstanding Conservation Farmer and to Harry and Peggy Strite as the 2002 Sustaining Conservation Farmer for their commitment to conservation of soil, water and related natural resources. CITIZENS PARTICIPATION There was no one present who wished to comment. MARYLAND AVIATION ADMINISTRATION GRANT AGREEMENTS MAA-GR-03-013 & MAA-GR-03-014 AND AGENCY AGREEMENT Motion made by Commissioner Wivell, seconded by Nipps, to approve the following grant agreements with the Maryland Aviation Administration (MAA) and the necessary budget transfer for the County to provide the local five percent of the total: 1) (MAA-GR-03-013) in the amount of $1,111,111 (90% - FAA) to assist in the construction of a snow removal equipment building and improvements to the terminal building at the Hagerstown Regional Airport, 2) MAA-GR-03-014 in the amount of $2,788,889 to assist the County with acquisition of land for Runway 27 and removal of obstructions to Runway 2/20, and 3) the agency agreement to permit the MAA to act as an agent for Washington County to accept, receive and disperse funding they receive from FAA. Unanimously approved. RE/APPOINTMENTS – MENTAL HEALTH AUTHORITY Motion made by Commissioner Kercheval, seconded by Wivell, to appoint Rev. Leroy Jackson, Dana Moylan, William Nairn, Carol Moller, and Joseph Rutkowski to the Board of Directors of the Mental Health Authority for three-year terms and to reappoint Charlene Lloyd for a three-year term. Unanimously approved. BUDGET TRANSFER REQUEST – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Wivell, to approve a budget transfer of $50,000 from the Taxiway A West extension project to permit additional design work by URS Greiner for the rehabilitation of runway 9/27, with the County to provide the 5% local share of the cost. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, provided an update on the wage and salary study that is in progress. Commissioner Wivell asked if the study could be halted due to the new Board’s approval to fund an organizational study. Richard Douglas, County Attorney, stated that the study can be stopped, but that the County would still be obligated to provide payment in full since no provisions were included to pay a pro rata amount. Mr. Douglas explained why pro rata provisions were inappropriate for a short-term, lump-sum, professional services agreement of this type. Mr. Shoop also informed the Commissioners that the November Casual Day raised $262 and that 850 pounds of food was collected for Food Resources, Inc. REVIEW OF PROPOSED LEGISLATIVE AGENDA FOR THE 2003 LEGISLATIVE SESSION Richard Douglas, County Attorney, reviewed the proposed 2003 legislative agenda for discussion. He asked the Commissioners to review the proposals and decide what they wish to submit to the local delegation to the General Assembly for consideration. Mr. Douglas reviewed the following items: 1) Elimination of requirement for advertising of intent to lease - Section 1-301 of the Code of the Public Local Laws requires that every lease entered into by the County be advertised. The requirement is antiquated and is not in keeping with modern commercial practices. In the alternative, the requirement for advertising could be limited to leases over a certain dollar value or to properties other than DECEMBER 10, 2002 PAGE FIVE those at the Airport. 2) Prohibition of massage parlors without state certification – The Sheriff has requested a bill similar to House Bill 230 proposed by Charles County that passed last session. 3) Prohibition of Soliciting at Intersections – This issue deals with individuals or groups soliciting at intersections. The Sheriff stated that there should be some type of required permit and regulations as to how these individuals conduct themselves while soliciting. There are no measures in place to regulate this activity while traffic is stopped and many of them are in and out of traffic causing a general nuisance. 4) Home Detention for Pretrial Detainees – This request would give the Sheriff the authority to utilize home detention for pre-trial inmates. 5) Narcotics Nuisance Abatement – this would support the statewide initiative by the County Narcotics Nuisance Abatement Attorney to amend the landlord-tenant laws to permit a summary ejectment proceeding for breach of lease actions based on illegal drug use, sale and possession. 6) Animal Control Enable Law – Constitute Ordinance Violations as Misdemeanors; Reassign Certain Functions from Animal Control Authority to Animal Control Agency- This request would amend the animal control enabling law to add the authority to impose criminal penalties by making violations of the Animal Control Ordinance misdemeanors. While the Ordinance had such a provision since its adoption in 1990 until its amendment in 2001, the County lacked the enabling authority to enforce such a provision. The amendments requested also conform the enabling statute to the structure approved for the new Ordinance. 7) County Transfer Tax – The County seeks legislative authority to consider imposing a County transfer tax. The tax would “piggyback” on the State transfer tax and would be assessed on the recordation of specified “instruments in writing” in the land records of the Circuit Court. Approximately $1.2 million in revenues could be generated by one (1%) percent tax, which could be used as a dedicated revenue source for capital projects or designated uses. The projects may include education, urban redevelopment, or agricultural and historic preservation projects. 8) Fee Charged by the Clerk of Court for Collecting a County Transfer Tax – this would add a subsection to the state law to allow the Clerk of the Circuit Court to waive fees for collections, particularly with respect to recordation taxes. 9) Impact Fee Statute – remove the present limitation to specific districts so that it may be applied to the entire County as in statutes applicable to other counties. 10) Criminal Background Checks – allow the County to run criminal background checks on prospective employees. 11) Excise Tax – a possible alternative source of funding. After discussion, the Commissioners agreed to schedule another meeting prior to submitting the final list to the Delegation. RECESS – ANNUAL DEPARTMENT OF SOCIAL SERVICES LUNCHEON The Commissioners recessed at 11:58 a.m. in order to attend the annual Department of Social Services luncheon. AFTERNOON SESSION The afternoon session was called to order at 1:25 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James Kercheval, John Munson, and Doris Nipps. CAPITAL IMPROVEMENT FUNDING AND BOND ISSUANCE Debra Bastian, Director of Finance, and Lester Guthorn, Financial Advisor, met with the Commissioners to provide information on capital improvement funding needs and the tax- exempt debt associated with the projects. Ms. Bastian also discussed the funding alternatives with the Commissioners. Ms. Bastian provided background information on the Water & Sewer Department plan and the adopted Debt Affordability Policy. She also reviewed the outstanding bond issues and projected debt. Ms. Bastian stated that the County has lowered its projected bond borrowings from $10 million to a total of $8,563,000 by using “pay-go” funding through the County’s surplus. Ms. Bastian reviewed the background and procedures used in developing the Capital Improvement Plan, the review process, and the specifications that DECEMBER 10, 2002 PAGE SIX the projects must meet to qualify as a capital project. Mr. Guthorn reviewed his role in the bond process and briefly discussed the role of the bond rating agencies. The meeting was then opened for questions and discussion. WATER & SEWER ADVISORY COMMISSION UPDATE Clarence Scheer, Chair of the Water & Sewer Advisory Commission, introduced Commission members Scott Schubel, Ed Renn, and Bonnie Parks, who were in attendance. Mr. Scheer reviewed the purpose of the Advisory Commission and gave a brief overview of its history. He stated that they serve in an advisory capacity to the Board relating to rates, policies, and establishment or extension of any water or sewer systems, to improve communications between the citizens and the Commissioners regarding water and sewer service, to communicate any concerns they may have regarding water or sewer service, and to perform other functions at the direction and request of the Board. Mr. Scheer expressed concerns about County residents that utilize City water and sewer services. He complimented Greg Murray on his management of the Department. Commissioner Snook thanked Mr. Scheer and the Water & Sewer Advisory Board members for the presentation. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Nipps, to convene in closed session at 2:37 p.m. to discuss personnel matters, consult with counsel to obtain legal advice, and consult with staff to discuss pending and potential litigation, 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 Munson, to reconvene in open session at 3:49 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with counsel to obtain legal advice on three (3) matters, and consulted with staff to discuss pending and potential litigation. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Alan Davis, Director of Human Resources; Debra Bastian, Director of Finance; Gary Rohrer, Director of Public Works; Greg Murray, Director of the Water & Sewer Department; Debbie Turpin, Executive Director of the Homebuilders Association; and Clarence Scheer, Scott Schubel, Ed Renn, and Bonnie Parks, members of the Water & Sewer Advisory Commission. HIRING OF GAMING DIRECTOR Motion made by Commissioner Munson, seconded by Nipps, to employ Daniel F. DiVito as Gaming Director (Grade 13) to fill an existing vacancy. Unanimously approved. RECESS The Commissioners recessed at 3:50 p.m. to attend a meeting with the Board of Education. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at the central office on Commonwealth Avenue at 4:10 p.m. The following members of the Board of Education were present: Bernadette Wagner, Roxanne Ober, Russell Williams, Jacqueline Fischer, and Paul Bailey. Staff members present were Dr. Elizabeth Morgan, Superintendent of Schools; Dennis McGee, Director of Facilities Management; William Blum, Chief Operating Officer; and Christian South, Director of Budget & Finance. Icebreaker The Commissioners participated in an activity designed to help them become acquainted with the School Board members and staff. DECEMBER 10, 2002 PAGE SEVEN First Quarter Budget Adjustments Motion made by Commissioner Nipps, seconded by Wivell, to approve the following first quarter budget adjustments as requested by the Board of Education by decreasing the following categories: Administration - $1,780; Mid-Level Administration - $113,145; Instructional Salaries - $79,355; Other Instructional Costs - $10,525; and Fixed Charges - $31,500 47,613; and to increase the following categories: Revenue - $16,515; Instructional Textbooks & Supplies - $92,300; Special Education - $127,850; Student Personnel Services - $2,650; ; Student Transportation - $5,000; and Operation of Plant - $25,000, for a total adjustment to the Fund Balance of $0. Unanimously approved. Presentation on “Highly Qualified Teachers” Dr. Morgan informed the Commissioners that the new “No Child Left Behind” Act attempts to standardize certain aspects of public education. She stated that the term “highly qualified teachers” has been used to focus on the professional qualifications of teachers. Teachers must be certified by the State in elementary and middle school education, hold a Bachelor of Science degree, and demonstrate subject knowledge and teaching skills. Dr. Morgan stated that there are specific conditions for early childhood or elementary school teachers, certain special education teachers, teachers certified through reciprocity, and teachers working out of field. She expressed concerns about the implications for the local school system. Sun-setting Grants Boyd Michael, Executive Director of Secondary Education, and JoEtta Palkovitz-Brown, Executive Director of Elementary Education, reviewed the implications of the sun-setting of grants to the public school system. Mr. Michael reviewed the grant funds that would be rolled over into the “Bridge to Excellence” funding and Ms. Palkovitz-Brown reviewed the grant funds that are undetermined at this time. Unfunded Mandates Mr. Blum discussed the implications on unfunded state and federal mandates on the public schools. He stated that the education effort index shows that the County needs to contribute additional funds to be “average” and asked the County to “step up to the plate.” Commissioner Snook emphasized the decrease in the State’s share of funding for education. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Nipps, to adjourn at 5:20 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk