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HomeMy WebLinkAbout030603 June 3, 2003 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson stated that he has received several telephone calls in opposition to the airport runway extension project and that he has concerns about the County taking on the debt for the project. Motion made by Commissioner Munson to reconsider the decision made on May 20, 2003 to proceed with the airport runway extension project. It was determined that, in accordance with Robert’s Rules of Order, the motion was not in order since a motion to reconsider can only be made by a member who voted with the prevailing side. Commissioner Nipps informed the Commissioners that she presented the History Teacher of the Year award to Edward Gift from Smithsburg High School. She stated that she attended a dinner recognizing the retirees from the Board of Education. Commissioner Wivell reported that he met with City officials for negotiations on the water and sewer litigation. He stated that he also met with the City regarding their proposed pit bull ordinance. Commissioner Wivell reported on his meeting with the Board of Education representative regarding possible ways to consolidate operations. He also reported on the Social Service Board meeting. Commissioner Kercheval reported on the meetings of the Planning Commission and the Metropolitan Planning Authority. He distributed information from the transportation survey that was reviewed at the meeting. Commissioner Snook informed the Commissioners that he attended the Memorial Day ceremony at Marty Snook Park. He provided welcoming remarks at the Register of Wills annual statewide conference. Commissioner Snook reported on the meetings of the Transportation Advisory Committee and the Chamber of Commerce Board of Directors. He stated that he was contacted by Ruby Swartz whose friend is collecting donations to help reduce the cat population through a spay/neuter program. Commissioner Snook stated that he received a letter from the Blue Ridge Summit Library requesting a stipend of $1,500 from the County. He provided statistics on the number of Washington County residents who use the library. Motion made by Commissioner Wivell, seconded by Nipps, to provide a donation of $1,500 to the Washington County Free Library for the Blue Ridge Summit library with funds to be taken from the FY 2002 Commissioners Contingency fund. Motion carried with Commissioners Wivell, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson voting “NO.” REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, reported on the reimbursement for the Presidents’ Day snowstorm. He stated that the County should receive $115,240 from FEMA toward the costs that were incurred. Mr. Kroboth provided the Commissioners with copies of the most recently adopted fire and rescue standard operating procedures. Commissioner Snook asked that time be scheduled on the agenda to update the Commissioners on the procedures. Mr. Kroboth also informed the Commissioners that several back-up operations were out of order over the JUNE 3, 2003 PAGE TWO weekend when the emergency operations tower on Fairview Mountain was struck by lightning. Gary Rohrer, Director of Public Works, reported on the efforts to remove debris due to the recent storms and flooding. He provided an update from the Solid Waste Department on the sales of permits and mulch. Mr. Rohrer indicated that income is ahead of budget. He stated that proposals for relocation of the cemetery on the Forty West Landfill property are being reviewed. Debra Bastian, Director of Finance, informed the Commissioners that she is proceeding with a refunding issue of Maryland Water Quality bonds. She stated that she would be finalizing the full cost accounting report for the Solid Waste Department this week. Ms. Bastian stated that an intern from the Board of Education’s finance academy would be working in her Department this summer. Robert Arch, Director of Planning & Community Development, informed the Commissioners that he would have an item on the agenda next week regarding the Early Action Compact for air quality issues. REQUEST FOR DONATION – COMMUNITY RESCUE SERVICE (CRS) Commissioner Snook informed the Commissioners that the Emergency Services Advisory Council reviewed the request that the County match the $50,000 donatation to CRS given by the Hagerstown Mayor and Council. The Advisory Council recommended that the request be denied. Mr. Kroboth reviewed the reasons for the recommendation. He stated that CRS has not fulfilled the required conditions agreed upon when the County provided an additional $50,000 to them in 2002. Motion made by Commissioner Wivell, seconded by Munson, to accept the recommendation of the Emergency Services Advisory Council to deny the request to provide an additional $50,000 donation to Community Rescue Services. Unanimously approved. RENTAL ALLOWANCE PROGRAM – 2003 ADDITIONAL FUNDING Sherry Neil, Case Management Coordinator for Community Action Council (CAC), informed the Commissioners that additional funding is available through the Rental Allowance Program (RAP) for FY 2003. She requested that the Commissioners approve submission of an amended grant agreement to the Department of Housing & Community Development for bonus funding of $41,341. Ms. Neil stated that the additional subsidy would allow CAC to assist 55 families. Motion made by Commissioner Nipps, seconded by Kercheval, to submit a bonus funding application and FY 2003 Amended Grant Agreement to the State Department of Housing & Community Development for $41,341 in additional grant funding for the Rental Allowance Program. Unanimously approved. AGRICULTURAL LAND PRESERVATION EASEMENT PAYMENT – LEE WORTHINGTON Robert Arch, Director of Planning & Community Development, met with the Board regarding an agricultural easement option for Lee Worthington. Mr. Arch explained that the option contract to purchase an agricultural land preservation easement on Mr. Worthington’s property has been approved by the Board of Public Works and the review of the property title and acreage is nearly complete. He stated that Mr. Worthington would have been paid for his easement in January if the State had not frozen the funds due to the budget crisis. The State anticipates making the payment in July. The purchase price for the property is $246,483.98 and consists of $204,323.08 of State matching funds and $42,160.90 of commitment funds (FY 2002) from the County. Mr. Arch recommended that the County fund 100% of Mr. Worthington’s easement from the local agricultural transfer tax fund with two contingencies: 1) It would be funded only with the expectation that the State would reimburse the County, and 2) If the County is billed for the 60/40 matching funds for FY ’03 easements before reimbursement occurs for the Worthington easement, then the State would not invoke the 17% per JUNE 3, 2003 PAGE THREE annum interest penalty for late payment. He informed the Board that the local agricultural land preservation fund balance as of April 30, 2003 is $551,000. After discussion, it was the consensus of the Commissioners to wait for the State to meet its funding commitment in July unless the applicant has an emergency need for the payment. PRELIMINARY CONSULTATION STATUS – NON-GROWTH AREAS Mr. Arch met with the Board to review the list of preliminary consultations that are not being processed because of the moratorium that is in place for major subdivisions in non-growth areas. He identified the following subdivisions that have been affected by the moratorium: 1) Paul Merson (11 lots); 2) Paul Redmond (18 lots); 3) Daughtery property (24 lots); 4) Maurice Carlisle (54 lots); 5) Glen Erin (78 lots); 6) Sunset Meadows (62 lots); 7) Howard Payne/Monroe Road (42 lots); and 8) Howard Payne/Rohrersville Road (28 lots) for a total of 317 lots. Mr. Arch also provided information on the acreage of each application and the date the plans were submitted to the County. The meeting was then opened for questions and discussion. Commissioner Kercheval stated that he feels that the County changed the rules in “mid-stream” for these eight applicants when it adopted the moratorium. The Commissioners also discussed the TDR program and how it could impact these proposed developments. Mr. Arch stated that these applications would not be affected by a TDR program because of the length of time it would take to establish it. He also reminded the Commissioners that, if the new zoning ordinance is adopted prior to these developments submitting their final plats, they would have to adhere to the new requirements if a waiver is not granted by Commissioners. Following the discussion, it was the consensus of the Commissioners to take this matter under consideration until next week’s meeting. PLAN EXAMINER POSITION – PERMITS & INSPECTIONS DEPARTMENT Robert Arch, Director of Planning & Community Development, requested that the Commissioners approve the request to advertise to fill the position of Plan Examiner in the Permits & Inspections Department (Grade 13). Mr. Arch stated that the additional position is needed to address the increased number of building permit applications. He indicated that the funding for the position would come from the increase in base permit fees associated with electrical, plumbing, and mechanical permits. The Commissioners asked that additional information on permit fees and work flow be provided to them. Motion made by Commissioner Kercheval, seconded by Munson, to approve the request to advertise for an additional Plan Examiner Position (Grade 13) in the Permits & Inspections Department, to be funded through fee increases, with the provision that additional data is provided on the proposed fee increases. Motion carried with Commissioners Kercheval, Munson, Nipps, and Snook voting “AYE” and Commissioner Wivell voting “NO.” CITIZENS PARTICIPATION Karen Hendrickson, a County employee and volunteer with the Washington County Chapter of the American Red Cross, stated that the County raised $414.67 for “Operation Keep Connected” from collection cans that were placed throughout County facilities and $529 from a special casual day. Ms. Hendrickson explained that the project provides phone cards to U.S. troops stationed overseas. She also displayed flags that she and her sister made to raise funds for the Red Cross. Commissioner Snook thanked Ms. Hendrickson for her efforts to support the troops. Don Allensworth commended the Commissioners for considering waivers to the moratorium. Jim Willetts stated that he is interested in the issue of County growth and its impact on schools, roads, and infrastructure. He stated that he feels they need to “get a handle on growth” and commended the Commissioners for their recent actions on the moratorium. JUNE 3, 2003 PAGE FOUR COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that the May casual day raised $352 for the “Relay for Life” sponsored by the American Cancer Society. Mr. Shoop stated that the June 9 rezoning hearing has been cancelled. He reminded the Commissioners that the meeting of the Western Maryland Boards of County Commissioners is June 6. Mr. Shoop informed the Commissioners that he and Debra Bastian would be meeting with the Airport Advisory Commission to review the County’s debt affordability policy and the debt incurred by the Airport. He also informed the Commissioners that the restrictions around Camp David have been reduced to a radius of three nautical miles but would be expanded to a radius of 10 miles when President Bush is there. REAPPOINTMENTS – ADULT PUBLIC GUARDIANSHIP REVIEW BOARD Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint Cynthia Pellegrino and Sara Ann Godwin to the Adult Public Guardianship Review Board for three-year terms. Unanimously approved. REAPPOINTMENTS – ANTIETAM BATTLEFIELD ADVISORY COMMITTEE Motion made by Commissioner Kercheval, seconded by Nipps, to reappoint George Anikis, Edwin Itnyre, and John Powell to the Antietam Battlefield Advisory Committee for three-year terms. Unanimously approved. REQUEST TO FILL VACANCY – DIRECTOR OF HUMAN RESOURCES Rodney Shoop, County Administrator, reviewed the revised job description for the Director of Human Resources position. Mr. Shoop requested that the Commissioners fill the vacancy at Grade 16 and approve the re-alignment of responsibilities within the Department. He stated that he has been reviewing the functions of the Department since the Director’s position has been vacant, and he has revised the director’s job description to emphasize support and service to the employees. Mr. Shoop also recommended that the Assistant Director’s position be downgraded to a Grade 13 and renamed Human Resources Administrator. He explained the changes better match the responsibilities of the position. He also recommended that the Office Associate III be upgraded to Assistant Benefits Administrator (Grade 9) to provide assistance to the Benefits Administrator. The Office Associate IV would be responsible for administrative support for the entire office with emphasis on assisting the Risk Manager and Safety Administrator. The meeting was then opened for questions and discussion. Commissioner Nipps asked that the job description include that union negotiating experience is preferred under the “Education and Experience” section. Dee Hawbaker, Assistant Human Resouces Director, explained the overwhelming impact that being shorthanded has had on the Department and the backlog it has created. She asked that the recommendation and realignment proposed by Mr. Shoop be approved. Commissioner Wivell stated that he opposes the recommendation because he would like to have additional time to discuss the possible consolidation of the County’s Human Resources Department with that of the Board of Education. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request to fill the Human Resources Director vacancy (Grade 16) and to re-align the Department’s responsibilities as outlined. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” WORLD CLASS PARTNERSHIP BETWEEN LIBRARY AND SCHOOLS Mary Baykan, Director of the Washington County Free Library, and Dr. Patricia Abernethy, Deputy Superintendent of Instruction, appeared before the Commissioners to present a partnership document between their institutions for a World “CLASS” Partnership (Connecting Libraries and Schools for Success). Ms. Baykan stated that the agreement is to help assist students in completion of assignments, reward scholarships, promote a love and respect for reading, and create a community atmosphere that is conducive to academic success. WASHINGTON COUNTY READS: “ONE BOOK, ONE COUNTY” PROGRAM Ms. Baykan and Kathleen O’Connell, Assistant Director, presented the Commissioners with a copy of the book “No Certain Rest” by Jim Lehrer. JUNE 3, 2003 PAGE FIVE Ms. Baykan informed them that this is the first book in a program to have the community read the same book at the same time and discuss it together. She stated that the Library would be sponsoring discussions during the month of June. TOWN OF BOONSBORO WATER & SEWER LINE EXTENSION PROJECT William Christoffel, Health Officer; John Grayson, Maryland Department of the Environment (MDE); and Laurie Bucher, Director of the Environmental Health Division, met with the Commissioners to discuss their recommendation that the water and sewer line from the Town of Boonsboro be extended. Ms. Bucher informed the Commissioners that MDE and the Health Department have found serious water quality problems with wells located adjacent to the Town of Boonsboro resulting in risks to the public health of the users. She stated that they are proposing that the water line be extended 6,000 feet along National Pike West from Lappans Road to Mill Point Road. She stated that an extension of the sewer line is also being proposed due to the number of documented septic failures in that area. The proposed sewer line would be extended 2,000 feet along National Pike West from Lappans Road to the Boonsboro Square Auction House. This segment of the project would need to be annexed into the Town of Boonsboro because of a charter requirement for sewer service. Ms. Bucher stated that MDE and the Health Department are also recommending that the County sign the application for project funding which would allow the application to be submitted to MDE for review. The meeting was then opened for questions and discussion. Kevin Chambers, Town Councilman from Boonsboro, was also in attendance. The Commissioners voiced their concerns about the recommendation and raised questions about assuming the debt for the project with no new revenues, the impact it would have on the rates of current customers, and what entity would assume responsibility for management of the project. Mr. Chambers advised them that the Town of Boonsboro has agreed to manage the project, however, they would not assume any debt for the construction. The Commissioners requested more detailed information. Ms. Bucher assured them that they are only requesting their authorization to apply for MDE grant funding. Motion made by Commissioner Wivell, seconded by Munson, to submit a pre-application to the Maryland Department of the Environment for grant monies for extension of the water and sewer line from and by the Town of Boonsboro, as specified, contingent upon the development of a financial model and more detailed analysis, County staff being made available to assist in the Town of Boonsboro and/or the Health Department with the grant application, and with the understanding that no debt would be incurred by the County for the project. Unanimously approved. CERTIFICATE OF MERIT – RICHARD L. COSS Commissioner Snook presented a Certificate of Merit to Richard L. Coss in recognition of fourteen years of service on the Washington County Election Board and for serving as its chair for the past ten years. The Commissioners commended him for his leadership, expertise, and competency and offered their congratulations on this accomplishment. Commissioner Snook wished Mr. Coss good luck in his future endeavors. Mr. Coss thanked the Commissioners for the recognition and stated that he enjoyed his time on the Board. RECESS – YOUTH MERITORIOUS AWARDS RECIPIENTS LUNCHEON The Commissioners recessed at 12:16 p.m. in order to attend a luncheon honoring the recipients of the Youth Meritorious Awards at Hagerstown Community College. AFTERNOON SESSION The afternoon session was called to order at 2:04 p.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. COMMISSIONERS’ REPORTS AND COMMENTS - CONTINUED JUNE 3, 2003 PAGE SIX Commissioner Kercheval suggested that the Commissioners include the dates of the upcoming rezoning hearings on the flyers that are placed in the property tax billings sent by the County Treasurer. Commissioner Snook informed the Board of a property that recently was sold in the Hunters Green Industrial Park. APPROVAL OF MINUTES – MAY 20, 2003 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of the meetings of May 20, 2003, as amended. Unanimously approved. APPOINTMENT – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Nipps, seconded by Kercheval, to appoint John Barr to the Economic Development Commission as the City of Hagerstown’s representative to fill the unexpired term of Richard Reichenbaugh, which extends to June 30, 2004. Unanimously approved. COUNTY ATTORNEY ISSUES – AMENDED RESOLUTION FOR ST. JAMES SPECIAL TAXING DISTRICT Richard Douglas, County Attorney, informed the Commissioners that the extension for the St. James Special Taxing District expired on June 1, 2003. He presented an amended resolution dated June 1, 2003 to extend the time period to June 10, 2003, to give the developer the opportunity to make a presentation to the Commissioners on the merits of the project before deciding whether to extend the time period for the development. Motion made by Commissioner Wivell, seconded by Munson, to deny the request for a ten (10) day extension of the Amending Resolution for the St. James Park Special Taxing District. The motion was denied with Commissioners Wivell, and Munson voting “AYE” and Commissioners Nipps, Kercheval, and Snook voting “NO.” Motion made by Commissioner Kercheval, seconded by Nipps, to approve the Resolution amending a Resolution adopted on September 11, 2001 and May 21, 2002 to extend the period of time for issuance of bonds under said resolution to June 10, 2003. Motion carried with Commisisoners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to convene in closed session at 2:22 p.m. to discuss a personnel issue, consult with staff about pending and potential litigation, consult with counsel to obtain legal advice, consider a matter that concerns the proposal for a business or industrial organization to locate, expand or remain in the State, and discussed an issue of public security, 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 Nipps, to reconvene in open session at 4:45 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel issue, consulted with counsel to obtain legal advice on three (3) matters, consulted with staff about pending and potential litigation, considered a matter that concerns the proposal for a business or industrial organization to locate, expand or remain in the State, and discussed an issue of public security. Present during closed session were Commissioners Gregory I. Snook, 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; William Christoffel, Health Officer; Becky Hogamier, Director of Addictions; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; and Tim Troxell, Executive Director of the Economic Development Commission (EDC); and Douglas Wright, Chair of the EDC. JUNE 3, 2003 PAGE SEVEN ADJOURNMENT Motion made by Commissioner Munson, seconded by Kercheval, to adjourn at 4:45 p.m. Unanimously approved. , County Administrator , County Attorney , Clerk