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HomeMy WebLinkAbout040127 January 27, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:30 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 County Administrator Rodney Shoop, followed by the Pledge of Allegiance to the Flag by the full assemblage. CITIZEN PARTICIPATION There was no one present who wished to participate. The Commissioners welcomed Patrick Bowers who was attending the meeting as part of the requirements to earn the rank of Eagle Scout. POLICY REVIEW – EMPLOYEE DRESS CODE David Hankinson, Director of Human Resources, presented a Dress Code Policy for County employees for the Commissioners’ review and adoption. Mr. Hankinson stated that the policy attempts to formalize standards for appropriate attire in County offices. It also makes every Friday a “Business Casual” attire day. He explained that there have been issues with some departments having employees dressed in non-suitable attire. Mr. Hankinson stated that the policy would provide a clearer definition of appropriate attire. The Commissioners reviewed the policy as proposed. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt policy PR-27 – Employee Dress Code, as presented. Motion carried with Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” APPROVAL OF MINUTES – JANUARY 13 & 20, 2004 Motion made by Commissioner Nipps, seconded by Wivell, to approve the minutes of January 13 and 20, 2004, as amended. Unanimously approved. BUDGET TRANSFER – METROPOLITAN PLANNING ORGANIZATION (MPO) Motion made by Commissioner Nipps, seconded by Munson, to approve the budget transfer request to increase the Planning Department budget by $712,727, the amount of the federal grant funding for the Hagerstown/Eastern Panhandle Metropolitan Planning Organization Unified Planning Work Program. Unanimously approved. CHANGE ORDER – AIRPORT REHAB RUNWAY 220 Motion made by Commissioner Nipps, seconded by Kercheval, to approve a change order with P & W Excavating for the Rehabilitation of Runway 220 (AIP-3-24-0019-23) for a decrease in the contract of $180,962.04 due to the final adjustment of project quantities. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the meeting with the local Delegation to the General Assembly is tentatively scheduled for February 4. The Commissioners agreed to cancel the meeting in Annapolis. COMMISSIONERS REPORTS AND COMMENTS Commissioner Nipps distributed the latest draft of recommended options being considered by the Task Force to Study Public School Facilities. She asked the Commissioners to read the draft as it may have some implications for Washington County. Commissioner Nipps expressed concern regarding the impact it would have on the County in the comparison of models calculating the State’s share of construction funding for schools. She noted that, using the model outlined in the draft, Washington County’s funding would be lowered by six percent. Commissioner Nipps stated that the Task Force is not taking public comment but would be taking their recommendation directly to the Governor. After discussion, the Commissioners agreed to review the recommended options and present their concerns to the Local Delegation to the General Assembly. JANUARY 27, 2004 PAGE TWO CABLE FRANCHISE AGREEMENT – INITIAL STEP Ron Whitt, Director of Information Technologies, and members of the Washington County Public Network (WCPN) met with the Commissioners to provide information on the initial steps that need to be taken in order to obtain a cable franchise agreement. Al Martin, City Finance Director and member of the WCPN, stated that the first step in the process of cable franchising is to identify future cable-related needs and interests of the community and to assess the technical capability of the local cable providers to satisfy these needs. He noted that a needs assessment study can be accomplished using public hearings, surveys, focus groups, interviews, and reports and audits. The County would set acceptable standards of service and may provide communication infrastructure and revenue to meet educational and governmental technology needs. Mr. Martin provided information about the City’s renegotiation of their existing contract and the benefits to the community. The meeting was then opened for questions and discussion. Mr. Whitt stated that WCPN would develop the request for proposal. He estimated that the needs assessment survey and technical evaluation of the current cable system would cost $20,000. Gene Hager, General Manager of Antietam Cable, stated that there could be rate increases to County customers if a franchise agreement is negotiated. Commissioners Wivell and Munson expressed their concerns about adopting a cable franchise fee. Motion made by Commissioner Nipps, seconded by Kercheval, to pursue a needs assessment study for a cable franchise agreement and to authorize the Washington County Public Network to develop a request for proposal for the study. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” SMALL URBAN AREA PUBLIC TRANSPORTATION OPERATING GRANT AGREEMENT Motion made by Commissioner Nipps, seconded by Kercheval, to accept a Small Urban Area Public Transportation Operating Grant from the Maryland Transit Administration for Fiscal Year 2003 for 75% of the estimated net project cost or $490,000, whichever is less, with the County share of approximately $286,500, which is budgeted as part of the Transportation Department’s budget. Unanimously approved. AMERICANS WITH DISABILITIES ACT (ADA) ASSISTANCE GRANT AGREEMENT Motion made by Commissioner Wivell, seconded by Nipps, to approve a grant agreement with the Maryland Transit Administration for FY 2004 to assist in providing transportation services to persons with disabilities for the approved net project cost of $188,100. The County will be required to provide local public funds of $20,900. Unanimously approved. CAPITAL GRANT AGREEMENT - TRANSPORTATION Motion made by Commissioner Nipps, seconded by Kercheval, to approve the grant agreement from the Maryland Transit Administration (FY 2004) to assist in the purchase of two small buses with lifts, miscellaneous shop equipment, ADP hardware, fare box upgrade and facility rehabilitation in the amount of $196,700 for the net project cost, with the County to provide local funds for the project in the amount of $19,670. Unanimously approved. GRANT AGREEMENT – STATEWIDE SPECIAL TRANSPORTATION ASSISTANCE PROGRAM Motion made by Commissioner Nipps, seconded by Wivell, to approve the agreement with the Maryland Transit Administration for FY 2004 Statewide Special Transportation Assistance Program (SSTAP) grant funding in the amount of $156,771, seventy-five percent of the net project cost, to assist in providing transportation services to elderly persons and persons with disabilities, with the County providing up to $52,257 in local public match through in-kind services. Unanimously approved. COMMISSIONERS COMMENTS – CONTINUED Commissioner Nipps reported on the Community Action Council meeting. She informed the Commissioners that a recommendation has been made regarding JANUARY 27, 2004 PAGE THREE a new director for the Convention & Visitors Bureau. Commissioner Nipps indicated that she recently viewed a video regarding urban sprawl. Commissioner Munson reported on the Solid Waste Advisory Committee meeting. Commissioner Wivell informed the Commissioners that he attended the awards banquet for the Clear Spring Volunteer Fire and Ambulance Companies. He asked whether the Commissioners were interested in pursuing a bill to allow local zoning law to be taken to referendum, similar to the one previously introduced for Frederick County. Richard Douglas, County Attorney, stated that he would distribute copies of the Frederick County bill. Commissioner Wivell expressed his concern over the Governor’s proposal to include a $2.50 fee on water and sewer charges and reviewed its potential implications to County budgets and customers. Commissioner Kercheval reported on the Public Golf Corporation meeting. He asked that County staff review the insurance coverage on the deductible and claim coverage because the golf course has had several damage claims where they were required to pay much more than the deductible for repairs. He also asked if there were any used trucks available in the County system for use by the golf course employees. Commissioner Snook informed the Commissioners that the Town of Clear Spring is requesting a waiver of permit fees for the upgrades they are making to their water plant. After discussion, the Commissioners requested additional information on the amount of the fees. Commissioner Snook reported on the Transportation Advisory Committee meeting. He informed the Board that the Maryland Historic Trust approved the application to place the Leitersburg Historic District on the Register of Historic Places. RECESS The Commissioners recessed at 12:10 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:02 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. WORK SESSION - DISCUSSION OF RURAL AREA ZONING TASK FORCE Rodney Shoop, County Administrator, stated that on December 9, 2003, the Commissioners voted to establish a 13-member task force to review issues concerning rural area zoning, among them: equity and programs dealing with these issues, permitted uses, small parcels, and lot exemptions. The Commissioners then reviewed the individuals who were recommended by the various groups from which recommendations were solicited and voted on their selections. Mr. Shoop reminded the Commissioners that each Commissioner would have one appointment to the task force and the remaining eight members would be appointed by consensus. Motion made by Commissioner Munson, seconded by Wivell, to appoint the following individuals to an ad hoc task force to review issues regarding rural area zoning as outlined in the Comprehensive Plan: Fred Frederick (Greg Snook), Tom Firey (William Wivell), Robert Ernst (James Kercheval), Dick Cushwa (Doris Nipps), Harold Phillips (John Munson), David Herbst (Agricultural Land Preservation Advisory Board), Tom Newcomer (Chamber of Commerce), Chuck Ernst (Citizens for the Protection of Rights), Jason Divelbiss (Greater Hagerstown Committee), Debi Turpin (Home Builders Association), Steve O’Farrell (Real Estate Appraisers), Richard Hopkins (Pen-Mar Association of Realtors), and Donald Schwartz (Farm Bureau and Extension Service). Unanimously approved. The Commissioners discussed whether to retain a facilitator to work with the group. They agreed that the task force should make its recommendations to them in early May. JANUARY 27, 2004 PAGE FOUR CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 1:52 p.m. to consider a personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, and consult with staff about pending or potential litigation, all 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 Nipps, to reconvene in open session at 4:04 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter that affects one or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and consulted with staff about pending or potential litigation. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Duane Gigeous, Part-time Assistant County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Jonathan Topazian, County labor counsel; and Carolyn Motz, Airport Manager. ADJOURNMENT Motion made by Commissioner Munson, seconded by Kercheval, to adjourn at 4:04 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ___________________________, County Clerk