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HomeMy WebLinkAbout030422 April 22, 2003 Hagerstown, Maryland SERVICE AWARDS BREAKFAST The Commissioners met at 7:30 a.m. at the Four Points Hotel for the annual service/retirement awards program. Service pins were presented to County employees for their years of service to Washington County government, and the following retirees were honored: Lois McAllister, Terry W. Shives, Lucille Mowen, Ronald Karn, Ray Gruber, Carl R. Flowers, Carroll Keller, and Tyrone L. Houser. Vice President Wivell thanked the employees on behalf of all the Commissioners for their hard work and dedication to County government . The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:03 a.m. by Vice President William J. Wivell with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Kercheval, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 15, 2003 Motion made by Commissioner Kercheval, seconded by Munson, to approve the minutes of April 15, 2003, as amended. Unanimously approved. PROCLAMATION – CITIZENS OF THE YEAR Vice President Wivell commended Gary Rohrer, Director of Public Works, for his remarks at the rally for the troops held last Saturday and sponsored by AMVETS Post 10. Commissioner Munson read a proclamation in support of all United States Soldiers, Sailors, Airmen, Marines, and Coast Guard personnel in the war against Iraq and honoring all who have served in the military as Citizens of the Year . At this time, Commissioner Wivell read a list of names of all County employees who have served in the armed forces and the names of those with immediate family members who are currently serving. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the meeting of the Public Golf Corporation Board of Directors. He stated that he attended the rally in support of our troops and the conference on child abuse and neglect. Commissioner Kercheval also reported on meetings with Stephanie Stone, Director of the Washington County Community Partnership for Children & Families regarding issues with Brothers United Who Dare to Care, and with Dr. Philip Dukes regarding concerns about State funding for the Mental Health Authority. He stated that the Planning Commission met with the Agricultural Land Preservation Advisory Board to discuss transfer development rights. John Martirano, Assistant County Attorney, provided an update on the status of the Right to Farm Ordinance. Commissioner Kercheval reviewed a letter from the Delegation to the General Assembly outlining the State funding cuts to the counties. Commissioner Munson complimented the staff on the employee awards breakfast. Commissioner Nipps stated that she attended the Economic Development Commission’s (EDC) Business Recognition Dinner. She also congratulated the EDC staff on the award they received. Commissioner Nipps reported on the Airport Advisory Commission meeting. She stated that she participated with the employees in support of the troops by reciting the Pledge of Allegiance and singing patriotic songs last Thursday. Commissioner Wivell reported on the meetings of the Water & Sewer Advisory Commission and the Economic Development Commission. He stated that he attended Salem Avenue th Elementary’s 50 anniversary open house and the Boonsboro Volunteer Fire Company banquet. Commissioner Wivell reported on the PenMar Development Corporation meeting, the Celebration of Business, and the Salute to Veterans. APRIL 22, 2003 PAGE TWO PUBLIC HEARING – PROPOSED MODIFICATION TO ENVIRONMENTAL HEALTH FEES Motion made by Commissioner Kercheval, seconded by Munson, to convene as the Board of Health at 9:32 a.m. Unanimously approved. The Commissioners adjourned as the Board of Health at 9:45 a.m. Sitting as the Board of Health, the Commissioners convened a public hearing at 9:32 a.m. in order to hear comments with regard to the proposed modification to Environmental Health Fees. William Christoffel, Health Officer, stated that the Health Department is recommending that the Environmental Health Service fee schedule include a one time per year fee for temporary food service in the amount of $15. Laurie Bucher, Director of the Environmental Health Division, explained that when an individual wants to sell food at a one-time yard sale or other similar temporary event, a Temporary Food Service Permit must now be obtained for a fee of $50. This fee would be reduced to $15 for a one time per year event. The hearing was then opened for public testimony. There was no one present who wished to testify. Motion made by Commissioner Nipps, seconded by Kercheval, to approve a modification to the Environmental Health Fees for Washington County to include a one time per year fee for temporary food service in the amount of $15. Motion carried with Commissioners Nipps, Kercheval, and Wivell voting “AYE” and Commissioner Munson voting “NO.” REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Board that the sign at the entrance to Hopewell Valley has been installed. He stated that he met with developers who have projects underway in the Longmeadow Road/Maugans Avenue corridor in order to address the impacts on various roadways in the area and the requirements of the Adequate Public Facilities Ordinance. Mr. Rohrer also reviewed the stream bank restorations in the Beaver Creek and Hancock areas to be done this fiscal year. Joe Kroboth, Emergency Services Director, informed the Commissioners that Joey Chojnacki received the “Dispatcher of the Year” award and David Pheil received “Shift Supervisor of the Year” award at the Tri-State Telecommunications Banquet. Mr. Kroboth stated that he is testing applicants for part-time dispatcher positions this week. He also indicated that he would be meeting with FEMA regarding the reimbursement for the President’s Day snowstorm. Mr. Kroboth explained that FEMA would pay 75% of the costs for a 48-hour period of the storm. Robert Arch, Director of Planning & Community Development, reported that his office has been in contact with the National Park Service to explore regulations about the conversion of excess Federal property into park land. He stated that he has been working with Dennis McGee, Director of Facilities Management for the Board of Education, on the formula on funding for school capacity in the Adequate Public Facilities Ordinance. Mr. Arch indicated that he is also reviewing the methods used by other counties in the State. EMERGENCY SHELTER GRANT APPLICATION Motion made by Commissioner Kercheval, seconded by Munson, to approve the submission of a grant application to the Department of Housing & Community Development for an Emergency Shelter Grant in the amount of $50,000 that would provide funding for the Community Action Council, CASA, St. John’s Shelter, and REACH, Inc. Unanimously approved. RENTAL ALLOWANCE PROGRAM (RAP) TO WORK – GRANT APPLICATION David Jordan, Executive Director of Community Action Council (CAC), asked the Commissioners to approve the submission of the Rental Allowance Program (RAP) to Work application and grant agreement for FY 2003 to the Department of Community Services. He stated that Washington County’s allocation for the program year is $30,000. Motion made by Commissioner Nipps, seconded by Munson, to submit an application to the Office of Rental Services Programs for the Rental APRIL 22, 2003 PAGE THREE Allowance Program (RAP) to Work application for FY 2003 and Grant Agreement for an amount up to $30,000. Unanimously approved. EARLY ACTION COMPACT AIR QUALITY PROGRAM MITIGATION Robert Arch, Director of Planning & Community Development, introduced Tad Abern from the Maryland Department of the Environment (MDE) who made an informational presentation on the Early Action Compact of the Air Quality Program Mitigation. Mr. Abern provided information on the air pollution levels in Maryland and Washington County. He stated that the data shows that Washington County was above the eight-hour ozone standards for eight days in 2002. He also explained the new Environmental Protection Administration (EPA) standards and Early Action Compact (EAC) agreements. Mr. Abern stated that the first step in the process is to designate the areas that do not meet the new ozone standard as “nonattainment.” He explained that the basic concept of an EAC is to allow an area to defer designation and certain requirements by enacting regulations to come into compliance early and thereby avoid certain regulatory requirements. Mr. Abern also outlined the process for establishing the non-attainment areas, the schedule for designating areas, the criteria, and the timelines for an EAC. Mr. Arch explained the benefits of implementing an EAC for Washington County. The meeting was then opened for questions from the Commissioners. They thanked Mr. Abern for the presentation and expressed interest in implementation of an EAC. CITIZENS PARTICIPATION T.S. Alphin stated that the hangar rent that he pays at the Hagerstown Regional Airport is too high for the facility. Commissioner Nipps explained that the Airport Commission is compiling information on fair market values. The Commissioners stated that they would have the Airport Commission respond to Mr. Alphin regarding his concerns. Donald Allensworth spoke about State cuts in highway user revenues, the defeat of the legislation regarding slot machines, and his opposition to imposition of a County transfer tax. GRANT AGREEMENT – MARYLAND TRANSIT ADMINISTRATION Motion made by Commissioner Nipps, seconded by Munson, to approve a grant agreement with the State Transit Administration in the amount of $85,000 with the local share to be paid by the . Department of Social Services for the JOBS ProgramUnanimously approved. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Nipps , seconded by Kercheval , to reappoint Jan Wetterer to the Board of Zoning Appeals for a three-year term. Unanimously approved. APPOINTMENT – RECREATION & PARKS BOARD Motion made by Commissioner Nipps seconded by Kercheval, to appoint Deborah Murphy to the Recreation & Parks Board for a three-year term. Unanimously approved. REAPPOINTMENT – BOARD OF EXAMINERS & SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Munson, seconded by Nipps, to reappoint Daniel Shank to the Board of Examiners & Supervisors for Electricians for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, thanked Vicki Lumm, Legal Secretary; Tina Rupert, Office Associate; and Norman Bassett, Public Information Officer, for planning the activities in recognition of our armed forces. Mr. Shoop stated that the Sheriff’s Department is monitoring the traffic situation near Clear Spring High School. He informed the Commissioners that they would be receiving the new Employee Handbook this week. EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) CONTRACT - MODIFICATION Motion made by Commissioner Nipps, seconded by Kercheval, to approve the modification of the TEFAP contract to authorize Food Resources, Inc. to APRIL 22, 2003 PAGE FOUR receive additional grant funding of $10,000 for purchase of a mobile food pantry, with the remainder of the funding needed to be provided by private and corporate donations. Unanimously approved. REVISED BOARDS AND COMMISSIONS POLICY (PR-22) Richard Douglas, County Attorney, reviewed revisions to the Boards and Commissions Policy. Mr. Douglas stated that an exception to the residency requirement has been added for members of the Economic Development Commission (EDC). Applicants for the EDC would be considered who are employed by or affiliated with business entities with a substantial presence in Washington County. Certain other minor revisions were made for clarification and to otherwise update the policy. Motion made by Commissioner Kercheval, seconded by Nipps, to adopt the proposed revisions to the Boards and Commissions Policy (PR-22), including an exception to the residency requirement for appointment to the Economic Development Commission. Unanimously approved. RECESS – LUNCH AND TOUR OF WASHINGTON COUNTY RURAL HERITAGE MUSEUM The Commissioners recessed at 11:34 a.m. for lunch and a tour of the Washington County Rural Heritage Museum. AFTERNOON SESSION The afternoon session was called to order at 2:20 p.m. by Vice President William J. Wivell with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. COMMENTS REGARDING THE NEW COMPREHENSIVE PLAN AND THE REVISED ZONING ORDINANCE Thomas Firey appeared before the Commissioners to comment on the recently adoped Comprehensive Plan. Mr. Firey stated that private rural landowners whose property has been devalued by “downzoning” should be compensated. He indicated that because downzoning is intended to benefit all county residents by preserving the area, it seems appropriate that the landowners be compensated for the loss and the costs be equally distributed so that citizens would equally share the burden. Mr. Firey estimated that it would cost $145 million to compensate the property owners. He provided data on the formula used to determine the cost of agricultural land versus the development value and the cost of downzoning. Mr. Firey also stated that the county could offer an annual compensation reimbursement in the form of a tax credit on rural property. The meeting was then opened for questions and discussion. BID AWARD – REHABILITATION OF BROADFORDING ROAD BRIDGE Motion made by Commissioner Kercheval, seconded by Nipps, to award the contract for the rehabilitation of the Broadfording Road Bridge to BEKA Industries, Inc., which submitted the low responsive, responsible bid of $693,000, conditional on SHA concurrence since it is a Federal Aid project. Unanimously approved. BID AWARD – TENNIS COURTS REPAIR Motion made by Commissioner Nipps, seconded by Kercheval, to award the bid for tennis courts repair and resurfacing to Craig Paving, Inc., which submitted the low responsive, responsible bid of $245,000 for Option 1 (a total of 26 courts located at North Hagerstown, South Hagerstown, Williamsport, and Smithsburg High Schools). Unanimously approved. YOUTH OF THE MONTH AWARDS – MARCH 2003 Commissioner Nipps presented a Certificate of Merit to Eric Rollins in recognition of his selection as the March 2003 Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended Eric for his leadership, academic and extra-curricular activities. Commissioner Nipps stated that Eric would also receive a $50 savings bond from the WCCP. PART-TIME WEIGHT CLERK POSITION – SOLID WASTE DEPARTMENT Robert Davenport, Director of the Solid Waste Department, requested that the Commissioners approve his request to advertise to fill the Part-time APRIL 22, 2003 PAGE FIVE Weigh Clerk position (Grade 7) at the Forty West Landfill to fill an existing vacancy. Mr. Davenport stated that it is a budgeted position. Motion made by Commissioner Munson, seconded by Nipps, to approve the request to fill the position of Part-time Weigh Clerk at the Forty West Landfill. Unanimously approved. CONTRACT RENEWAL – ELECTRICAL MAINTENANCE SERVICES Motion made by Commissioner Kercheval, seconded by Munson, to renew the contract for electrical maintenance services with Kube Electric Company, Inc. with the requested increases for an electrician and helper for a one-year period. Unanimously approved. BID AWARD – UNIFORMS FOR SHERIFF’S DEPARTMENT PERSONNEL Motion made by Commissioner Munson, seconded by Nipps, to award the bid for uniforms for the Sheriff’s Office as follows: Section I (Sheriff’s Patrol and Judicial) to Red the Uniform Tailor, Inc. in the total amount of $14,130; and Section II (Correctional Officers) to Jimmie Muscatello’s in the total amount of $11,972, as based on estimated quantities, for a one- year period with an option by the County to renew the contract for up to two additional consecutive one year periods. Unanimously approved. SHERIFF’S DEPARTMENT PROMOTIONS A ceremony was held to promote Rodney D. Weicht to the Rank of First Sergeant, Chief of Security, Detention Center, at the Sheriff’s Department. Sheriff Charles Mades reviewed First Sergeant Weicht’s history with the Department, and he was then presented with his new badge by Capt. Douglas Mullendore. Sheriff Mades then promoted Corporal Terri L. Blair to the Rank of Sergeant, Programs Coordinator, Detention Center. Craig T. Rowe was promoted to the Rank of Corporal, Detention Center and presented with his badge by his daughter. Cpl. Peter A. Lazich was promoted to the Rank of Sergeant, Patrol Division, Narcotics Task Force, and presented with his Sergeant’s badge by his son. The Commissioners congratulated them on their promotions and thanked them for their dedication and hard work. DISTRIBUTION OF NEW EMPLOYEE HANDBOOKS Dee Hawbaker, Assistant Human Resources Director, distributed the new edition of the Employee Handbook and reviewed the revisions. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Kercheval, to convene in closed session at 2:55 p.m. to consider personnel issues, discuss collective bargaining negotiations, and consult with staff, consultants, or other individuals about pending and potential litigation, 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 Nipps, seconded by Munson, to reconvene in open session at 5:07 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on two (2) matters, considered two (2) personnel issues, discussed collective bargaining negotiations, and consulted with staff, consultants, or other individuals about pending and potential litigation. Present during closed session were Commissioners William J. Wivell, John C. Munson, James F. Kercheval, 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; Sheriff Charles Mades; Captain Douglas Mullendore; and Lt. Martin Van Evans. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 5:07 p.m. Unanimously approved. APRIL 22, 2003 PAGE SIX , County Administrator , County Attorney , Clerk