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HomeMy WebLinkAbout030916 September 15, 2003 Hagerstown, Maryland JOINT PUBLIC HEARING – COMPREHENSIVE REZONING OF RURAL AREAS A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in the Kepler Theater at Hagerstown Community College at 6:00 p.m. to hear testimony regarding the comprehensive rezoning of rural areas as adopted in the Comprehensive Plan for Washington County. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chairperson Paula Lampton. Also present at the hearing were County Commissioners William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps, and Planning Commission members Donald Ardinger, Bernard Moser, Benjamin Clopper, and George Anikis. After presentations and public testimony were heard, it was announced that the record would remain open for ten (l0) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 9:15 p.m. (Due to time limitations, a second hearing will be scheduled in order to hear testimony of the remaining speakers.) __________________________, County Administrator , County Attorney , Clerk September 16, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 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 – SEPTEMBER 9, 2003 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of the meeting of September 9, 2003, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell reported on the Economic Development Commission (EDC) meeting. Commissioner Kercheval reported on the EDC meeting and the Chamber of Commerce/Greater Hagerstown Committee forum. He stated that he participated in the Hancock Canal Apple Days Parade. Commissioner Nipps informed the Commissioners that she participated in the groundbreaking ceremony for the new gymnasium for Girls, Inc. and the Hancock Canal Apple Days Parade. She reported on the meetings of the Commission for Women, Local Management Board, Area Agency on Aging Advisory Committee, and the forum sponsored by the Chamber of Commerce and Greater Hagerstown Committee. Commissioner Snook informed the Commissioners that the State Department of Housing & Community Development has granted $29,000 to Washington County from its FY 2003 Shelter Grant Program. He also reported on the Disabilities Advisory Committee meeting. PUBLIC HEARING – TAX EXEMPT REVENUE BONDS – RAVENWOOD LUTHERAN VILLAGE AND THE VILLAGE AT ROBINWOOD PROJECT The Commissioners convened a public hearing to hear comments regarding SEPTEMBER 16, 2003 PAGE TWO the proposed issuance by the County of tax-exempt variable rate demand revenue bonds for the Ravenwood Lutheran Village and The Village at Robinwood Projects in an aggregate principal amount not to exceed $30,000,000 for Diakon Lutheran Social Ministries. Timmy Ruppersberger, County Bond Counsel, stated that the proceeds of the issue would be used to finance or refinance (or reimburse for prior capital expenditures in connection with) the acquisition, construction, equipping and development of the facilities described in the public notice. This will allow these projects to obtain a lower interest rate due to the tax- exempt nature of the bonds by using the County government as a conduit. Ms. Ruppersberger stated that this issue is a limited obligation bond and does not represent any liability for the County. She indicated that the issuance of these bonds would not affect the County’s bond rating or borrowing limits. Cindy Hoffman, representing the Ravenwood Lutheran Village, answered questions from the Commissioners. The meeting was then opened for public comment. Earl Wolf had several questions on how the funding would be used. Commissioner Snook stated that the County would like to work with Ravenwood Lutheran Village to obtain an easement for a future by-pass road near the Ravenwood property if necessary. Motion made by Commissioner Nipps, seconded by Kercheval, to approve a resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its tax-exempt variable rate demand revenue bonds in one or more series and in a principal amount not to exceed $30,000,000, pursuant to the provisions of Sections 14-101 through 14-109 of Article 41 of the Annotated Code of Maryland (1997 Replacement Volume), as amended, in order to lend the proceeds thereof to Diakon Lutheran Social Ministries, The Lutheran Home at Topton, Pennsylvania, Lutheran Services Northeast, The Lutheran Welfare Services of Northeastern Pennsylvania, Inc., Tressler Lutheran Services and Hospice Saint John, a Maryland not-for-profit corporation, for the sole and exclusive purposes described in the resolution. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” (A copy of the approved resolution is attached.) REVIEW OF PUBLIC HEARING – COMPREHENSIVE REZONING FOR RURAL AREAS Commissioner Snook stated that there were 30 individuals who signed up to speak at the public hearing on the Comprehensive Rezoning of Rural areas last evening who did not get a chance to speak. The Commissioners agreed to schedule a second public hearing for October 8. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he would be testifying before the Hellman Commission regarding the loss of highway user funds. He provided an update on the cemetery project at the Forty West landfill and on the backlog at the Permits & Inspections Department. Mr. Rohrer also reported on the Department of Transportation’s pre-tour meeting that was held earlier this week. Debra Bastian, Director of Finance, informed the Commissioners that the debt capacity report is in the final draft. She stated that her staff is now finalizing the year-end reports. The bond sale is tentatively scheduled for October 14. Ms. Bastian indicated that she would be meeting with the Airport Commission at its November meeting. She also provided a review of the amount of transfer and excise taxes collected to date. Joe Kroboth, Director of Emergency Services, informed the Commissioners that he is working with the Hagerstown Fire Department and the Environmental Protection Agency to coordinate a drill in the area. He provided an update on Hurricane Isabel and the precautions and preparations that are being made in the area. Steve Goodrich, Interim Planning Director, provided information on the backlog in the Permits & Inspections Department. He stated that a meeting has been scheduled regarding proposed amendments to the Adequate Public Facilities Ordinance. Commissioner Snook thanked Mr. Goodrich and the Planning staff for their work in preparation for the public hearing. SEPTEMBER 16, 2003 PAGE THREE CITIZENS PARTICIPATION There was no one present who wished to participate. DISCUSSION OF LOCAL GOVERNMENT OPTIONS The Commissioners considered the recommendation made by the League of Women Voters and The Greater Hagerstown Committee to pursue a change from the current county commissioner form of government to code home rule. Rodney Shoop, County Administrator, stated that representatives of the task force presented information on the three forms of local government to the Commissioners at the August 26, 2003 meeting. After discussion, it was the consensus of the Commissioners not to support the recommendation for a change from the current form of local government to code home rule. Motion made by Commissioner Munson, seconded by Wivell, not to support the recommendation made by the League of Women Voters Task Force on Local Government Options to pursue a change to the code home rule form of government. Unanimously approved. RECESS – LUNCH & TOUR OF CEDAR RIDGE CHILDREN’S HOME AND SCHOOL The Commissioners recessed at 10:58 a.m. for lunch and to tour the Cedar Ridge Children’s Home and School. AFTERNOON SESSION The afternoon session was called to order at 1:32 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. CAPITAL IMPROVEMENT BUDGET WORKSHOP – FY 2005-2009 The Commissioners conducted a budget workshop to discuss the projects submitted for the Capital Improvements Program (CIP) for Fiscal Years 2005-2009. Debra Bastian, Director of Finance, provided a summary of the projects to be funded with bond proceeds during fiscal years 2005 – 2009. Projects include the following: Communication system ($12,899,259), education ($13,404,920), infrastructure ($12,643,606), municipal solid waste ($970,000), water and sewer ($1,340,000), and other general operations ($2,120,000) for a total of $43,377,785. She stated that the Board of Education’s requested increase in out-year funding; the Airport runway extension project, and possible ENR upgrades were not included in the projections. The County’s remaining unused authorization for bond funds is $4,806,687. Ms. Bastian recommended requesting legislation for authorization for $12 million of bond funding per year for four years, based on the Debt Affordability Study. She indicated that she would be able to provide more details next week. The meeting was then opened for questions and discussion. The Commissioners agreed to include an amendment for the Program Open Space conversion to acquire property in the Tammany area in FY 2004. Dennis McGee, Director of Facilities Management, and William Blum, Chief Operating Officer, informed the Commissioners that there might be a shortfall of $2 million for six months in the Salem Avenue Elementary School project due to a “timing issue” with the State in FY 2005. Mr. McGee also outlined the projected construction schedule for the new Maugansville Elementary School. Rodney Shoop, County Administrator, suggested that State capital funding for educational projects might be a good initiative for the Maryland Association of Counties to include as one of its priorities. DEPARTMENT OF SOCIAL SERVICES – ASSESSMENT OF HUMAN SERVICES NEEDS David Engle, Director of the Department of Social Services (DSS), appeared before the Commissioners to review the “assessment of needs” survey that is being presented to provide an opportunity for Washington County residents to express their concerns and opinions about the strengths and weaknesses of the organization. He stated that it is a requirement for the Department to maintain its accreditation. Commissioner Snook recommended that DSS maintain its current programs and not initiate any new ones at this time. He thanked Mr. Engle for his SEPTEMBER 16, 2003 PAGE FOUR presentation and complimented DSS on its child support collection programs. CONTRACT AWARD – AFTER SCHOOL PROGRAMS FOR YOUTH Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for After School Programs for Youth to HotSpots of Hagerstown, Maryland, in the amount of $40,000 to fulfill the requirement contained in the Youth Strategies Five- Year Consolidated Grant Proposal, to begin October 1, 2003. Motion carried with Commissioners Nipps, Kercheval and Munson voting “AYE” and Commissioners Wivell and Snook voting “NO.” CONTRACT AWARD - #2 HEATING FUEL Motion made by Commissioner Wivell, seconded by Kercheval, to piggyback the Board of Education’s bids for #2 heating fuel and award the County’s contract as follows: Tank wagon – A C& T Company – bidder factor of +$.1039; Transport loads – Petroleum Traders, Inc. with a bidder factor of +$.0288. Unanimously approved . BID AWARD – SHERIFF’S DEPARTMENT DIGITAL RECORDER Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for a digital recorder at the Sheriff’s Department to SBM Electronics, Inc., which submitted the low responsible, responsive bid of $26,885, with funding to be provided by the Maryland 911 Emergency Number Systems Board. Unanimously approved. APPROVAL OF ENGINEERING REVIEW FEES The Commissioners discussed the engineering review fees as presented by Gary Rohrer, Director of Public Works, at last week’s meeting. Motion made by Commissioner Wivell to increase engineering review fees to generate approximately $250,000 per year. The Motion died for lack of a second. Motion made by Commissioner Kercheval, seconded by Nipps, to authorize staff to develop engineering review fees structured to generate $275,000 to contribute toward the actual costs of staffing, equipment, and services provided for new development. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 3:35 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 matters that relate to collective bargaining negotiations, consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Munson, seconded by Nipps, to reconvene in open session at 6:14 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters that affect one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, considered matters that relate to collective bargaining negotiations, considered the acquisition of real property for a public purpose and matters directly related thereto, and considered matters that concern proposals for businesses or industrial organizations 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; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Ted Wolford, SEPTEMBER 16, 2003 PAGE FIVE Highways Supervisor; William Sprague, Interim Director of Permits & Inspections; Tim Troxell, Executive Director of the Economic Development Commission (EDC), Cassandra Latimer, EDC Marketing Specialist; Gerald Hoak, EDC Board member; Carolyn Motz, Airport Manager; and Greg Larsen, Business Development Manager for the Hagerstown Regional Airport. EMPLOY – COMBINATION ELECTRICAL INSPECTOR III Motion made by Commissioner Munson, seconded by Nipps, to employ Michael Kidwell as Combination Electrical Inspector III (Grade 11) in the Permits and Inspections Department at a salary of $35,500. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 6:15 p.m. Unanimously approved. , County Administrator , Assistant County Attorney ___________________________, County Clerk