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HomeMy WebLinkAbout040518 May 18, 2004 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 – MAY 11, 2004 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of May 11, 2004, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps informed the Commissioners that she attended the Emergency Medical Services Annual Heroes Banquet. She reported on the Commission for Women meeting and stated that she would be attending a meeting of the Beaver Creek Watershed Association tonight. Commissioner Munson reported on the Fire & Rescue Communications Advisory Board meeting. He stated that they would be attempting to evaluate the amount of equipment responding to incidents. Commissioner Wivell stated that he met with Paul Miller, Executive Director of the Humane Society regarding budgets. He reported on the Economic Development Commission meeting. Commissioner Wivell informed the Commissioners that he spoke at the Hagerstown Community College commencement ceremony. He stated that he met with Mona Adkins regarding the proposed Robinwood Drive extension. Commissioner Kercheval stated that he also attended the Economic Development Commission meeting. He reported on items that were discussed at the Planning Commission’s workshop meeting, including regulation of billboards and the comprehensive rezoning. Commissioner Kercheval stated that he attended the Champagne and Orchid Event sponsored by the Museum of Fine Arts. He informed the Commissioners that he met with representatives from the Home Builders Association regarding Adequate Public Facilities Ordinance fees. He stated that the State tax booklet incorrectly lists the income tax for Washington County and that a correction should be made. Commissioner Snook informed the Commissioners that Kendl Philbrick, Secretary of the Maryland Department of the Environment would be in Western Maryland on June 2 – 4. He stated that he received a letter complaining about speeding on Robinwood Drive. Commissioner Snook announced that the Board of Public Works has approved Program Open Space funding for the Kemps Mill softball complex. He stated that the Quad State Business Journal estimates from the 2000 census that Washington County’s growth rate was 1.2% annually through July 2003. Rodney Shoop, County Administrator, provided an update on the telephone system at the Permits and Inspections Department. Commissioner Snook stated that he attended opening day ceremonies for the Hagerstown Suns and threw out the first pitch. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he would be meeting with representatives from the Town of Keedysville regarding their interest in adopting an Adequate Public Facilities Ordinance for the Town. Mr. Rohrer stated that the Broadfording Road stone arch bridge rehabilitation would be re-advertised this week. He informed the Commissioners that the Engineering Department is in the process of hiring two interns from the University of Maryland. Mr. Rohrer also stated that speed humps have been installed on High Rock Road. Joe Kroboth, Director of Emergency Services, informed the Commissioners that approximately $17,816 remains from a two-year State Emergency Management Agency grant that his Department received. Mr. Kroboth stated MAY 18, 2004 PAGE TWO that the remaining funds are unobligated, and he requested authorization to hire a summer intern to perform GIS mapping to update the service area maps. He indicated that the remaining funds would then be used for part-time services to continue the effort at the end of the summer. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request to utilize grant funding from the Maryland Emergency Management Agency to hire a summer intern to perform GIS mapping and for a part-time individual to continue to provide these services. Unanimously approved. AUTHORIZING RESOLUTIONS FOR THE REFINANCING OF THE 1993 “F” BOND FOR THE CONOCOCHEAGUE WASTEWATER PROJECT AND THE 1999 TAXABLE Debra Bastian, Director of Finance; Lester Guthorn, Financial Advisor; and Timmy Ruppersberger, Bond Counsel, appeared before the Commissioners to review authorizing resolutions to authorize and empower the Commissioners to refinance $10,410,000 of the 1993 “F” Bond for the Conococheague Wastewater project and the remaining balance of $6,925,000 of the Taxable Water and Sewer Refunding Bonds of 1999 for the Pretreatment Project Plant with loans from the State of Maryland through the Department of Water Quality. Mr. Guthorn answered questions from the Commissioners. He stated that approximately $6,996,339 would be saved in the refinancing of these bond issues. Mr. Guthorn informed the Commissioners that the bonds being refinanced have interest rates of 7.0% and 5.5% and the Maryland Water Quality (MWQ) loan has a .85% rate, which includes an administration fee of .4%. He stated that it is difficult to meet the requirements for a MWQ loan and commended the County’s Finance Department for providing all necessary documentation for the refinancing. Ms. Ruppersberger then reviewed the authorizing resolutions. Debra Bastian, Director of Budget and Finance, reviewed the changes made in the bond package and the savings that would be realized through use of Maryland Water Quality Bond funds. Commissioner Snook thanked the Budget & Finance Department staff, Water Quality Department, and the Water Quality Advisory Commission. Motion made by Commissioner Kercheval, seconded by Nipps, to adopt the resolution approving the form and authorizing the execution, issuance, sale and delivery of a general obligation installment bond of the borrower in a principal amount not to exceed $10,750,000 pursuant to the authority of the Maryland Water Quality Financing Administration to be known as “Washington County, Maryland, Water Quality Refunding Bond, Series 2004-WWTP” with the net proceeds of the sale thereof to be used and applied for the public purpose of refinancing the cost of acquiring, constructing and equipping certain facilities and authorizing the execution and delivery of a loan agreement between the borrower and the Maryland Water Quality Financing Administration. Unanimously approved. Motion made by Commissioner Kercheval, seconded by Nipps, to adopt the resolution approving the form and authorizing the execution, issuance, sale and delivery of a general obligation installment bond of the borrower in a principal amount not to exceed $8,515,000 pursuant to the authority of the Maryland Water Quality Financing Administration and Title 6 of the Code of Public Local Laws of Washington County, as amended, to be known as “Washington County, Maryland, Water Quality Refunding Bond, Series 2004-Conococheague Pretreatment Facility” with the net proceeds of the sale thereof to be used and applied for the public purpose of refinancing the cost of acquiring, constructing and equipping certain facilities and authorizing the execution and delivery of a loan agreement between the borrower and the Maryland Water Quality Financing Administration. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to comment. BONUS FUNDING FOR RENTAL ALLOWANCE PROGRAM Motion made by Commissioner Nipps, seconded by Wivell, to approve the submission of the Rental Allowance Program (RAP) bonus funding application in the amount of $23,346 and the Amended Grant Agreement for MAY 18, 2004 PAGE THREE FY 2004 to the Office of Rental Service Programs at the Department of Housing and Community Development. Unanimously approved. APPOINTMENT – DISABILITIES ADVISORY COMMITTEE Motion made by Commissioner Wivell, seconded by Nipps, to appoint Joe Kuhna to the Disabilities Advisory Committee to fill the unexpired term of Patricia McMillan. Unanimously approved. RE/APPOINTMENTS – AGRICULTURAL EDUCATION CENTER BOARD OF DIRECTORS Motion made by Commissioner Munson, seconded by Nipps, to appoint Joanna Staub to the Agricultural Education Center Board of Directors to fill the unexpired term of John Herbst extending to June 30, 2005, to appoint Ronald Webb for a three-year term, and to waive the two-term limit policy and reappoint William Poffenberger for a three-year term retroactive to June 30, 2003. Unanimously approved. PUBLIC HEARING – PROPOSED MODIFICATION TO CERTAIN LANDFILL USER FEES The Commissioners convened a public hearing at 11:00 a.m. in order to hear public comments on certain landfill user fees. Robert Davenport, Director of the Solid Waste Department, outlined the following proposed fee schedule which would become effective July 1, 2004: Sanitary Landfill – General Refuse, Rubble and Building Debris and Discounted Fee (over 4,000 tons/per year) - $39/ton; Minimum Scale Charge - $5; Tires - $140/ton or $2.50 each for automobile tires, all others by weight; Equipment tires and agricultural - $250; Asbestos - $130/ton ($5 minimum charge); Sludge - $39/ton; High volume-low weight - $75/ton; Management/Inspection fee - $50/load (asbestos); Solid Waste Collection Licensing Fee - $100/annual, small business $10/annual; Fill Dirt - $2.00/ton; Mulch - $15/ton (retail), $5/cubic yard (wholesale), and $4/cubic yard over 100 cubic yard per month; Compost - $12/ton; and Residential permit fee: $120/year and Senior Citizens - $90/year. The meeting was then opened for questions from the Commissioners. Commissioner Snook then opened the hearing for public comment. There was no one present who wished to comment. Motion made by Commissioner Munson, seconded by Wivell, to adopt the Resolution for Adoption and Modification of Rules and Regulations, Landfill and Convenience Box Fees and Charges as presented. Motion carried with Commissioners Munson, Wivell, and Snook voting “AYE” and Commissioners Kercheval and Nipps voting “NO.” NONPROFIT ELIGIBILITY LIST REQUEST The Commissioners discussed the request made by members of the Greenberry Hills Residents Crime Watch to be added to the list of nonprofit agencies to which the Board of County Commissioners may contribute funds, pursuant to Section 1-108 of the Code of the Public Local Laws of Washington County. The public hearing was held on April 20, 2004 to consider this request. Motion made by Commissioner Munson, seconded by Wivell, to table the request made by the Greenberry Hills Residents Crime Watch to be added to the list of nonprofit agencies to which the Board of County Commissioners may contribute funds until after the Gaming Commission makes its annual distribution. The Motion was denied with Commissioners Munson and Wivell voting “AYE” and Commissioners Kercheval, Nipps, and Snook voting “NO.” Motion made by Commissioner Munson, seconded by Nipps, to deny the request made by the Greenberry Hills Residents Crime Watch to be added to the list of nonprofit agencies to which the Board of County Commissioners may contribute funds. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” UPDATE – C-SAFE AFTER SCHOOL PROJECT Carolyn Brooks, C Safe Coordinator, met with the Commissioners to provide highlights of after-school programs that were provided at Bester, Winter Street, Fountaindale, and Eastern Elementary Schools through the C-Safe Program. Ms. Brooks provided a packet of information containing letters of appreciation to the Commissioners for maintaining the funding to allow MAY 18, 2004 PAGE FOUR the after-school homework clubs to continue. Kathy Kelsey, Principal at Winter Street Elementary School, provided information on how the program benefited the children in her school. The meeting was then opened for questions. Mr. and Mrs. Bartel, volunteers with the C-Safe after-school program, stated that they were very impressed with the quality of the programs. RECESS – LUNCH The Commissioners recessed at 11:44 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:08 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. DOWNTOWN LEGACY AND VISION Bruce Zimmerman, City Administrator, and Cathy Maher, City Planning Director, met with the Commissioners to provide a status report on downtown activities and development. They gave a presentation showing the progress of the following projects in the downtown area: University System of Maryland Education Center, University Plaza, Bowman’s South Potomac Street project; Arts & Entertainment parking deck, Fidelity Bank project, Barbara Ingram School for the Arts, Hagerstown Performing & Visual Arts Center, and the Tusing Warehouse Project. The meeting was then opened for questions. The Commissioners proposed initiation of a tax credit program to encourage downtown development. Ms. Maher provided an update on potential programs they are considering and stated that they would like to offer a similar program for residential properties. The Commissioners thanked them for the presentation. 2005 ANNUAL PROGRAM OPEN SPACE (POS) PROGRAM Jim Sterling, Director of Buildings, Grounds & Parks, met with the Commissioners to review the proposed POS Program for 2005 as recommended by the Recreation and Parks Board and to review the projects for the County and the municipalities. Mr. Sterling stated that the County’s FY 2005 is $319,767. The Commissioners then discussed the proposed projects: Boonsboro Shafer Park Acquisition - $50,000; Development: Hagerstown Fairgrounds - $34,140, Pangborn Park - $22,500, Rail Trail Park - $38,160; Keedysville Taylor Park Playground Equipment - $20,000, Smithsburg Veterans Park - $23,400, South High Track Resurfacing - $55,000, Washington County - $30,000 for Tennis Court Rehabilitation, $10,800 for Agricultural Education Center Park Improvements - $10,567, and Tammany Park Improvements - $36,000 for a grand total of $319,767. Commissioner Nipps advised the Commissioners that the Board of Education would be submitting a request to transfer the $55,000 budgeted for improvements to the North High Track to the Hancock track project. Motion made by Commissioner Nipps, seconded by Wivell, to approve the FY 2005 Program Open Space program, as presented. Unanimously approved. BID AWARD – HEATING, VENTILATING, AIR CONDITIONING AND AUTOMATIC TEMPERATURE CONTROLS MAINTENANCE SERVICE Motion made by Commissioner Nipps, seconded by Munson, to award the contract for Heating, Ventilating, Air Conditioning and Automatic Temperature Controls Maintenance Service to Miller & Anderson, Inc., which submitted the sole bid of $150,700 for a one-year contract with an option to renew for up to four additional one year periods. Motion carried with Commissioners Nipps, Munson, Wivell, and Snook voting “AYE” and Commissioner Kercheval voting “NO.” CONTRACT AWARD – COMPREHENSIVE HEALTH CARE SERVICES FOR INMATES Motion made by Commissioner Munson, seconded by Nipps, to award the contract for Comprehensive Health Care Services for Inmates at the Washington County Detention Center to PrimeCare Medical, Inc., which submitted the low responsive, responsible bid for a total proposal in the amount of $866,640, for a one-year contract with an option by the County to renew for up to four additional consecutive one-year periods. Unanimously approved. MAY 18, 2004 PAGE FIVE SUBDIVISIONS EXEMPT FROM MORATORIUM DUE TO COMPLIANCE WITH DENSITY REQUIREMENTS OF THE COMPREHENSIVE PLAN – MONROE MANOR ESTATES Stephen T. Goodrich, Interim Planning Director, met with the Commissioners to discuss a subdivision that complies with the density requirements of the Comprehensive Plan. Mr. Goodrich stated that the moratorium on major new residential subdivisions outside of the Growth Areas provided for an exemption for subdivisions greater than five lots that are consistent with the Comprehensive Plan. He recommended that the Commissioners exempt Monroe Manor Estates, Lots 6-23, as permitted by the Moratorium Ordinance. Mr. Goodrich reviewed the concept plan and a plat of the area. Motion made by Commissioner Kercheval to exempt Monroe Manor Estates, Lots 6-23 from the Moratorium on major residential subdivisions since the development is in compliance with the density requirements of the Comprehensive Plan, and to allow the Planning Department staff to approve future developments of this nature if they meet the density requirements of the Comprehensive Plan. The Motion died for lack of a second. Motion made by Commissioner Munson, seconded by Nipps, to exempt Monroe Manor Estates, Lots 6-23 from the Moratorium on major residential subdivisions given that it is in compliance with the density requirements of the Comprehensive Plan. Unanimously approved. YOUTH OF THE MONTH AWARDS – MARCH & APRIL 2004 Commissioner Nipps presented a Certificate of Merit to Heidi Stamper in recognition of her selection as the March 2004 Youth of the Month (High School), Commissioner Wivell presented a Certificate of Merit to Laura Canfield as the March 2004 Youth of the Month (Middle School), and Commissioner Munson presented a Certificate of Merit to Morgan Smith as the Youth of the Month for April 2004, as recommended by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended them for their leadership, academic and extra-curricular activities. Commissioner Snook stated that they would also receive a $50 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 2:42 p.m. to consider any personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, consult with staff, consultants, or other individuals about pending or potential litigation, and consider matters that concern proposals for businesses or industrial organizations 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 3:50 p.m. Unanimously approved. In closed session, the Commissioners considered one (1) personnel issue that affects one or more individuals, consulted with counsel to obtain legal advice on one (1) matter, consulted with staff or other individuals about pending or potential litigation, and considered a matter that concerns a proposal for a business or industrial organization 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; Richard Douglas, County Attorney; John M. Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Greg Murray, Director of the Water Quality Department; and Clarence Scheer, Chair of the Water Quality Advisory Commission. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 3:50 p.m. Unanimously approved. MAY 18, 2004 PAGE SIX , County Administrator __________________________, County Attorney ___________________________, County Clerk