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HomeMy WebLinkAbout021217 December 17, 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 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 – DECEMBER 10, 2002 Motion made by Commissioner Wivell, seconded by Munson, to approve the minutes of December 10, 2002, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson informed the Commissioners that he visited the Railroad Museum’s Christmas exhibit. He also stated that he attended a meeting with Delegate Chris Shank and representatives of the Citizens for the Protection of Washington County, the Agricultural Land Preservation Advisory Board, and the Farm Bureau regarding agricultural land preservation. Commissioner Nipps stated that she received a letter from the Pangborn Elementary School CAC inviting the Commissioners to tour the school. Commissioner Snook stated that the joint meeting with the Board of Education on January 7 would be held at Pangborn Elementary. Commissioner Nipps also reported that the Recreation & Parks Board and Airport Advisory Commission will each hold meetings on January 19. Commissioner Kercheval reported on the meetings of the Mental Health Advisory Committee and the Public Golf Corporation Board. He asked that the web site information for Permits & Inspections be updated. Rodney Shoop, County Administrator, informed him that the departments would soon have the ability to update their own sites. Commissioner Kercheval also reported that the Economic Development Commission (EDC) expressed concerns that the fiber optic line in I-70 has not been tested. Commissioner Wivell also reported on the EDC meeting. The Commissioners discussed whether to appoint a task force to consider privatization of the Economic Development Department. They also considered the possibility of restructuring the hotel rental tax legislation to provide a dedicated percentage to fund economic development. They agreed that it should be made clear that the recommendation of the task force is not to be perceived as final. Commissioner Wivell asked that County staff review the agenda of the City’s annexation committee in order to have someone present at their weekly meeting if necessary. He also provided an update on the Water & Sewer Advisory Commission meeting. John Martirano, Assistant County Attorney, gave an update on the status of the “Right to Farm” Ordinance. Commissioner Snook reported on the pre-legislative forum sponsored by the Chamber of Commerce. He informed the Commissioners that the State of the County presentation is scheduled for February 5. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, stated that she is working on the interim budget report. She indicated that Capital Improvement Program (CIP) requests are due on Friday. Ms. Bastian informed the Commissioners that she met with the Airport consultant regarding the runway extension project. DECEMBER 17, 2002 PAGE TWO Joe Kroboth, Director of Emergency Services, informed the Commissioners that the call volume at the 911 Center was significantly higher last week due to the ice storm. Gary Rohrer, Director of Public Works, informed the Commissioners that he had a luncheon meeting with Delegate Shank last week. He stated that he and Pete Loewenheim, Communications Maintenance Director met with communications vendors last week regarding system upgrades. Mr. Rohrer indicated that he met with Judge Wright on architectural upgrades to the Court House. He stated that an inspection was held on the Sheriff’s new patrol facility that is nearing completion. He also reported on the State’s plans for the Lambs Knoll tower. Ted Wolford, Director of the Highway Department, provided a briefing on snow and ice removal operations. He reviewed the tracking system used and stated that the total cost to the snow removal budget was $66,000. The Commissioners thanked Mr. Wolford for the update. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Assistant Director of Human Resources, introduced new County employees Daniel DiVito (Gaming Director) and Corinne Baliga (Cook, Detention Center). The Commissioners welcomed the new employees and wished them well in their positions. CERTIFICATE OF MERIT – GARY AUSTIN The Commissioners recognized Gary Austin, Combination Inspector for the Department of Permits & Inspections, who will graduate Magna Cum Laude from Frostburg State University with a Bachelor of Science degree on December 21, 2002. Mr. Austin also was the winner of the Career Connections Award of Excellence for both his majors at FSU and was named the winner of the Dynamark- Freeman Charitable Trust Award. Commissioner Wivell presented Gary Austin a certificate of merit in recognition of having received his Bachelor of Science degree in Liberal Studies with a concentration in Public Administration and commended him for his dedication and perseverance. Mr. Austin thanked the Commissioners for the certificate. CERTIFICATE OF MERIT – STEVEN G. DAVIS Commissioner Snook presented a Certificate of Merit to Steven G. Davis in recognition of his 33 years of faithful and dedicated service with the State Highway Administration. The Commissioners commended him for his excellent work on behalf of the citizens. They also extended their best wishes to him on his retirement. CERTIFICATE OF MERIT – ROGER FINN Commissioner Kercheval presented a Certificate of Merit to J. Roger Finn in recognition of his five years of service on the Board of Directors of the Public Golf Corporation with the past two years as Chairman. The Commissioners stated that through his leadership, the golf course continues to be an asset to Washington County. REPORTS FROM COUNTY STAFF – CONTINUED Robert Arch, Director of Planning and Community Development, stated that the rescheduled Recreation & Parks meeting would be held on December 19. He also reminded them that the Metropolitan Planning Organization meeting would be held on December 18. AIR QUALITY – EARLY ACTION COMPACT Mr. Arch informed the Commissioners that there is a window of opportunity to submit an early action program with regard to new Federal legislation on air quality to show that the County is voluntarily taking measures to improve air quality. He stated that he would have representatives from EPA make a more formal presentation in the future. Mr. Arch said that it would lessen the administrative burden on the County if the action plan is accepted. He also indicated that it could be withdrawn at any time. Motion made by Commissioner Nipps, seconded by Munson, to authorize the County Planning staff to work with the Maryland Department of the DECEMBER 17, 2002 PAGE THREE Environment to submit the initial document for an Early Action Program for air quality to the Environmental Protection Administration. Unanimously approved. LEGISLATIVE AGENDA FOR 2003 LEGISLATIVE SESSION The Commissioners continued discussions on the requests to present to the Washington County Delegation to the General Assembly for their consideration in the 2003 legislative session. John Martirano, Assistant County Attorney, briefly reviewed the following items which had been discussed at the December 10 meeting: elimination of requirement for advertising of intent to lease, prohibition of massage parlors without state certification, prohibition of soliciting at intersections, home detention for pretrial detainees, criminal background checks, impact fee statute, animal control enabling law, building excise tax, and county transfer tax, as well as the waiver of the fee charged by the Clerk of Court for collecting such a county transfer tax. The Commissioners discussed each item and made amendments. They could not reach a consensus on making a request to the Delegation for the enabling legislation that would generate additional revenues and asked the staff to provide additional information. They also agreed to explain to the Delegation that these items are under consideration and may be submitted at a later date. Discussion on the legislative agenda was discontinued at this time in order to hold citizens participation. CITIZENS PARTICIPATION Denise Troxell expressed the concerns of the Citizens for the Protection of Washington County, the Farm Bureau, and the Agricultural Land Preservation Advisory Board about preservation of agricultural land. She also recommended that the Commissioners ask for enabling legislation for all of the items they were considering that would generate revenue for the County. Jim Laird stated that he feels the excise tax is most reasonable request due to the complications of the impact fee legislation. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the County received the United Way Spirit Award. He recognized Tina Rupert, chair of the United Way campaign, for her efforts in increasing contributions by 60% this year. Ms. Rupert stated that it was the generosity of County employees that accounted for the increase. LEGISLATIVE AGENDA – CONTINUED The Commissioners continued discussions on the 2003 legislative package. They discussed whether to request changes to the Animal Control Enabling Law. Maria Procopio, Executive Director of the Humane Society, provided information on the role and training of Animal Control Officers and cited examples of cases they have had that could have merited criminal charges. The Commissioners agreed to see if the Delegation is willing to revisit the State law to tighten its provisions before looking at the local ordinance. Mr. Martirano stated that the second request is for a change in the enabling legislation to more accurately reflect the duties of the Animal Control Authority as well as the animal control operations in Washington County. This change would not have any effect on the way the Animcal Control Authority is currently operating. The Board indicated that they also wish to discuss unfunded State mandates, funding for the University System of Maryland, farming requirements, revitalization areas and the possibility of State funding for the proposed central booking facility. RECESS – LUNCH AND CHRISTMAS CAROLING The Commissioners recessed at 11:56 a.m. for lunch and to join County employees in singing Christmas carols in front of the County Administration Building. DECEMBER 17, 2002 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:17 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. COMPENSATION AND CLASSIFICATION STUDY UPDATE Alan Davis, Director of Human Resources, met with the Board regarding the status of the compensation and classification study. He introduced Roger Scott, Senior Vice-President of Springsted, Inc., whose firm was contracted to perform the study. Mr. Davis stated that Mr. Scott has met individually with every department head, has received position analysis questionnaires from all employees, and has scheduled several employee meetings. Mr. Scott provided information on the background of his company. The meeting was then opened for questions from the Commissioners. AUTHORIZING RESOLUTION – PUBLIC IMPROVEMENT BONDS OF 2003 Timmy Ruppersberger, Bond Counsel, appeared before the Commissioners to review a resolution to issue and sell $7,450,000 in Public Improvement Bonds of 2003. Debra Bastian, Director of Budget and Finance, reviewed the changes made in the bond package and reviewed the projects for which the bond funds would be used. Motion made by Commissioner Wivell, seconded by Nipps, to approve the resolution authorizing and empowering the County Commissioners of Washington County to issue and sell at public sale, upon its full faith and credit, its General Obligation Serial Maturity Bonds in the aggregate principal amount of $7,450,000 to be known as “Washington County, Maryland, Public Improvement Bonds of 2003,” pursuant to the provisions of Chapter 110 of the Laws of Maryland of 1999, as amended, for the public purpose of financing the cost of general public improvements in Washington County. Unanimously approved. (A copy of the approved Resolution is attached.) Motion made by Commissioner Kercheval, seconded by Nipps, to authorize staff to proceed to file an application for Maryland Water Quality Bonds in the amount of $1,113,000 for close-out of the Resh landfill. Unanimously approved. REQUEST FOR APPLICATION TO MARYLAND EMERGENCY NUMBERS BOARD Joe Kroboth, Director of Emergency Services, requested authorization from the Board to submit an application to the Maryland Emergency Numbers Board for enhanced 911 telephone equipment and digital recorders. Mr. Kroboth explained that the Emergency Numbers Board funds major equipment purchases for the Primary Safety Answering Point in each political jurisdiction. The funding for this is obtained from 911 service fees charged on all telephone bills in the State of Maryland. Mr. Kroboth reviewed several federally-mandated enhancements to the system and the schedule for implementation of these requirements. He indicated that the estimated cost of the project is approximately $1,000,000. Mr. Kroboth stated that the local share of the funding is limited to minor installation costs that could be budgeted in next fiscal year’s budget. He estimated that these costs would be $2,000-$3,000. Mr. Kroboth then responded to questions from the Commissioners. Motion made by Commissioner Munson, seconded by Wivell, to authorize the submission of an application to the Maryland Emergency Numbers Board for grant funding of the enhanced 911 telephone equipment and digital recorders mandated by the federal government. Unanimously approved. ACCEPTANCE OF DEDICATED RIGHT-OF-WAY – DELLINGER ROAD Motion made by Commissioner Munson, seconded by Nipps, to accept the dedication of right-of-way from the following individuals at the west end of Dellinger Road to allow the developer to widen the road bed by 18 inches and to extend the supporting slopes and banks to the road bed up to an additional four feet as required by the County’s Adequate Public Facilities Ordinance: Parcel 47 – Larry Allen, Parcel 1 (Lot 1) – Colin and Debra Kelley, Parcel 3 (Lot 2) – Todd and Lori Gardenhour, Parcel 3 DECEMBER 17, 2002 PAGE FIVE (Lot 3) – Dean and Martha Lowry, Parcel 3 (Lot 4) – Marvin and Judy Gower, Parcel 5 – Louis and Margaret Perini, Parcel 48 – Louis and Margaret Ann Perini, Parcel 56, Louis and Margaret Ann Perini, Parcel 64 – Louis and Margaret Perini, and Parcel 72 - Shirley Sears. Unanimously approved. MAUGANS AVENUE PHASE I – SURPLUS PROPERTY Gary Rohrer, Director of Public Works, informed the Board that the residential properties recently purchased at 13526 Pennsylvania Avenue and 18620 Maugans Avenue have been inspected for compliance with the County’s Livability Code. The staff is recommending making the repairs and improvements required to satisfy the Code and rent these properties until such time as the final design of the Maugans Avenue property is accepted and all easements and/or properties have been purchased. He estimated that the cost of the repairs would be $4,000. Motion made by Commissioner Wivell, seconded by Kercheval, to authorize the staff to make necessary repairs to the properties at 13526 Pennsylvania Avenue and 18620 Maugans Avenue and proceed to rent them until such time as the Maugans Avenue Road improvement project is ready to proceed. BID AWARD – ONE TANDEM AXEL, CAB & CHASSIS – SOLID WASTE DEPARTMENT Motion made by Commissioner Nipps, seconded by Munson, to award the contract for one (1) tandem axle, cab and chassis with 3500 gallon water system for dust control for the Solid Waste Department to Grimes Truck Center, which submitted the low responsive, responsible total bid of $97,916. Motion carried with Commissioners Nipps, Munson, Kercheval and Snook voting ““AYE” and Commissioners Munson voting “NO.” BID AWARD – POOL AND WATER/WASTE WATER TREATMENT CHEMICALS Motion made by Commissioner Kercheval, 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: Item #20 (Ground Aluminum Sulfate) – Delta Chemical Co. - $246.00/ton and Item #43 (sodium hypochlorite bulk) – Univar USA, Inc. - $.48/gallon. Unanimously approved. CONTRACT AWARD – PEER EDUCATION PROGRAM IN HOTSPOT DESIGNATED AREA Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for the peer education program in the HotSpot designated area of Hagerstown to the Boys & Girls Club of Washington County in the amount of $150,000 for a two-year contract with funding to be provided from the Maryland Governor’s Office of Crime Control & Prevention. Motion carried with Commissioners Nipps, Kercheval, Munson and Snook voting “AYE” and Commissioner Wivell voting “NO.” YOUTH OF THE MONTH AWARD Commissioner Nipps presented a Certificate of Merit to Jesse Latta in recognition of his selection as the November 2002 Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended Jesse for his leadership, academic and extra-curricular activities. Commissioner Snook stated that Jesse would also receive a $50 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Wivell, to convene in closed session at 3:12 p.m. to discuss personnel issues, consult with counsel to obtain legal advice, consult with staff to discuss pending and potential litigation, and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 Kercheval, seconded by Munson, to reconvene in open session at 5:17 p.m. Unanimously approved. DECEMBER 17, 2002 PAGE SIX In closed session, the Commissioners discussed one (1) personnel issue, consulted with counsel to obtain legal advice on three (3) matters, consulted with staff to discuss pending and potential litigation, and considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State. 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; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Greg Murray, Director of the Water & Sewer Department; Debbie Turpin, Executive Director of the Homebuilders Association (HBA); HBA members Dennis Swope and Paul Crampton; Joseph Kroboth, Emergency Services Director; Timothy Troxell, Director of the Economic Development Commission (EDC); Cassandra Latimer, EDC Marketing Specialist; and Douglas Wright and Gerald Hoak, EDC Board members. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 5:17 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk