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HomeMy WebLinkAbout030729 July 29, 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 Nipps, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JULY 22, 2003 Motion made by Commissioner Nipps, seconded by Wivell, to approve the minutes of July 22 2003, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Snook informed the Commissioners that Senator Barbara Mikulski would be meeting with them on August 7 and has asked that they select three items for discussion. The Commissioners agreed to talk to the Senator about the land conveyance at Fort Ritchie, funding for local projects such as the branch libraries and repair of the dam at Devil’s Backbone Park, and road improvements. They also agreed to give an update on the airport runway extension. Commissioner Nipps stated that she enjoyed the County employees’ annual picnic and complimented the Recreation Department for organizing it. Commissioner Kercheval asked that the rezoning application distributed in the work sessions for the new Comprehensive Plan be placed on the County’s web site. He reported on the Public Golf Corporation meeting and stated that the Planning Commission meeting is next Monday if they have any items for the agenda. Commissioner Kercheval stated that he attended the viewing of the “Save our Towns” video at the meeting of the Citizens for the Protection of Washington County (CPWC). He also informed the Commissioners that he filmed a public service announcement for the Board of Education. Commissioner Wivell stated that he also attended the CPWC meeting to watch the video. The Commissioners discussed a citizen’s complaint of speeding near High Rock and agreed to look at the road before making a decision on whether to have speed humps installed. Commissioner Snook distributed a letter from the Maryland Department of the Environment and a letter of complaint that was received from an inmate at the Detention Center. He informed the Commissioners that the Board of Public Works has approved the request of the Maryland Board of Elections for the statewide procurement of voting machines. The County’s share to purchase the machines will be $509,000 to be paid in installments beginning in FY 2005. GENERAL OBLIGATION AND TAXABLE BOND OBLIGATION REFINANCING – 2004 BOND ISSUANCE Debra Bastian, Director of Finance, met with the Commissioners to discuss the possible refinancing of several bond issues. Ms. Bastian explained that the County has the opportunity to refund certain previously issued general obligation bonds, water and sewer bonds, Maryland Water Quality bonds, Maryland Industrial Act Loans, and Industrial Commercial Redevelopment Funds loans. She recommended refinancing the bonds that can achieve at least 2% net present value savings through general obligation refunding and re-applying the use of the 2003 bond funds against the 2004 sale or through Maryland Water Quality (MWQ). Ms. Bastian informed the Commissioners that she has estimated the net savings of the refunding costs to be $11,358,436. Ms. Bastian stated that the County has received approval from MWQ to increase the loan amount for the landfill capping project that had 2003 bond proceeds applied toward it. Interest costs would be reduced by switching the borrowing year and source for this project. She informed the Commissioners that she received approval to pay off several current loans from MWQ. JULY 29, 2003 PAGE TWO Ms. Bastian explained the difference between taxable and non- taxable bonds. She stated that the interest rates on the taxable bond using Maryland Water Quality would be reduced from 7.1% to 1.5%. Ms. Bastian informed the Commissioners that it would cost approximately $4 million for the package but that the County would receive $15 million in present value interest savings without increasing the life of the bond issues. She reviewed the options and the savings in each category. The meeting was then opened for questions and discussion. It was the consensus of the Commissioners to proceed with the bond refinancings as presented by the Director of Finance. UPDATED “CELLULAR TELEPHONES AND SERVICE POLICY” (P-6) Karen Luther, Purchasing Agent, reviewed the amendments that she is recommending to the “Cellular Telephones and Service Policy” (Policy No. P-6). She stated that the initial Policy P-6 was adopted on October 24, 1995. The updated policy redirects the responsibility of oversight for departmental cellular telephone issuance of equipment and usage to the Department Head or Division Director who can better assess their department’s needs. The policy states that the Department Head/Division Director or their designee would then be responsible for determining unauthorized usage and obtaining reimbursement to the County at the rate of $.30/minute. Ms. Luther stated that the updated policy also addresses safety issues and violations. She provided a graph outlining the history of cellular phone usage by County employees from 1991 – 2003. The Commissioner discussed the policy and agreed to add language to Section VI (C) to exclude monthly invoices for covert operations of the Narcotics Task Force from being included as public record until the cases are closed. The meeting was then opened for questions and discussion. Commissioner Kercheval suggested that the policy include language directing department heads to review cellular telephone usage on a regular basis. The Commissioners agreed to include that revision and also asked that Ms. Luther report back to them on the policy in six months. Motion made by Commissioner Wivell, seconded by Kercheval, to adopt the amendments to the Cellular Telephones and Service Policy (Policy P-6) as recommended by the Purchasing Agent, to include the revisions recommended by the Commissioners. Motion carried with Commissioners Wivell, Kercheval, Nipps and Snook voting “AYE” and Commissioner Munson voting “NO.” BID AWARD – GENERATOR SETS – WATER QUALITY DEPARTMENT Motion made by Commissioner Wivell, seconded by Kercheval, to award the contract for one (1) 187.5kVA generator for the Village Square Pump Station and one (1) 255k-VA generator for the Maugansville Pump Station to Fidelity Engineering Corp., which submitted the low responsive, responsible total bid of $48,666. Unanimously approved. CITIZENS PARTICIPATION There was no one present who wished to participate. MEMORANDUM OF AGREEMENT – RUNWAY EXTENSION PROJECT Motion made by Commissioner Nipps, seconded by Kercheval, to approve the Memorandum of Agreement with the FAA for $1.1 million for navigational and visual aids for the runway extension project at the Hagerstown Regional Airport. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator reminded the Commissioners of Senator Barbara Mikulski’s visit on August 7. APPOINTMENTS – MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Wiley Rutledge, Ethel Nemcek, Fay Kilmer-Smith, Daniel Dwyer, Jennie Jones-Geis, and Jerry Thomas to the Mental Health Advisory Committee for three-year terms. Unanimously approved. JULY 29, 2003 PAGE THREE SCHOOL CAPACITY STATUS REPORT Robert Arch, Director of Planning & Community Development, met with the Commissioners in order to review a revised method of testing for school adequacy under the Adequate Public Facilities Ordinance (APFO). Mr. Arch explained that the current method used to calculate school adequacy is limited to a comparison of the existing student population to school capacity; however, students generated from developments that are in the approval process but not yet built out, are not part of the testing methodology. He stated that the testing procedure should be revised to incorporate these students, as well as those from the resale of existing properties. Mr. Arch indicated that his staff has reviewed various methods from other counties and is in the process of developing an alternative approach. He stated that he would need direction from the Board as to whether to continue in this direction. Mr. Arch then reviewed the model being considered which would calculate potential students from proposed developments, approved developments that have not been built out, and resale of existing housing. The meeting was opened for questions and discussion. The Commissioners took the proposal under consideration and asked for input from the Homebuilders Association and the Board of Education in the next few weeks. RECESS – LUNCH The Commissioners recessed at 11:44 a.m. for lunch. 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 William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. BYLAWS FOR GAMING COMMISSION Richard Douglas, County Attorney, and Daniel DiVito, Gaming Director, met with the Commissioners to present the bylaws being recommended for adoption for the Gaming Commission. Mr. DiVito then reviewed the proposed bylaws. The Commissioners asked for minor revisions and asked that a time be designated for an annual meeting and election of officers. Motion made by Commissioner Nipps, seconded by Munson, to approve the bylaws for the Washington County Gaming Commission as presented. Unanimously approved. GRANT RENEWAL – MARYLAND CEASE FIRE COUNCIL GRANT Motion made by Commissioner Munson, seconded by Nipps, to approve the renewal of the Maryland Cease Fire Council grant for $25,950 to continue the employment of an Investigator/Property Clerk for the period July 1, 2003 - June 30, 2004. Unanimously approved. WORKSHOP – RIGHT TO FARM ORDINANCE John Martirano, Assistant County Attorney, and Eric Seifarth, Agricultural Planner, met with the Commissioners for a workshop session to review the draft of the proposed “Right to Farm” Ordinance. Also present were members of the Washington County Farm Bureau, Health Department, and Agricultural Land Preservation Advisory Board. Mr. Martirano stated that the Commissioners have been granted the authority to adopt ordinances or regulations to protect a person’s right to farm or to engage in agricultural or forestry operations. He reviewed each section of the draft Ordinance. The meeting was then opened for questions and discussion. The Commissioners discussed several articles that need to be addressed before proceeding to public hearing and asked the group to meet to finalize the document in the next few weeks. They agreed to schedule the public hearing at the evening meeting on September 30. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:39 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with staff to discuss pending litigation, consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial JULY 29, 2003 PAGE FOUR organization to locate, expand, or remain in the State, and consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Munson, seconded by Wivell, to reconvene in open session at 5:30 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters that affect one (1) or more specific individuals, consulted with counsel to obtain legal advice on four (4) matters, consulted with staff to discuss pending litigation, considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, and considered the acquisition of real property for a public purpose and matters directly related thereto. 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; G. Clair Baker, Jr., Esq.; Paul Prodonovich, former Director of Permits & Inspections; Dee Hawbaker, Acting Human Resources Director; Robert Arch, Director of Planning & Community Development; and Daniel DiVito, Gaming Director. APPOINTMENT – PENMAR DEVELOPMENT CORPORATION Motion made by Commissioner Wivell, seconded by Nipps, to appoint William Mahr to the PenMar Development Corporation to fill the unexpired term of Steven Swayne which extends to June 30, 2004. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 5:34 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk