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HomeMy WebLinkAbout040824 August 24, 2004 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. APPROVAL OF MINUTES – AUGUST 10, 2004 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of August 10, 2004, as amended. Unanimously approved . COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on several seminars he attended at the Maryland Association of Counties (MACo) conference. He asked that the staff look into the possibility of participating in the State’s development capacity analysis program to get an assessment of the number of lots available in the County. Another session emphasized that local governments need to be more actively engaged in Federal and State programs involving correctional issues and indicated that that there could be potential funding available for some initiatives. Commissioner Kercheval informed the Commissioners that he spoke at the Hagerstown Kiwanis Club meeting last week. He reminded those in attendance that Augustoberfest would be held this weekend and is in need of additional volunteers. Commissioner Kercheval stated that play has increased at Black Rock Golf Course by 13,000 rounds over last year. Commissioner Wivell reported on the Water Quality Advisory Commission meeting and noted several items of concern that were discussed. He also reported on the Economic Development Commission meeting and a public briefing held by Corporate Office Properties Trust (COPT), the contract purchaser of the former base at Fort Ritchie. Commissioner Wivell informed the Commissioners that he attended the living history event at the Western Maryland Center on Civil War medicine. Commissioner Nipps reported on the MACo conference. She stated that many counties in the State are struggling to deal with growth issues. Commissioner Nipps informed the Commissioners that school enrollments are up considerably and that Eastern Elementary School has added a sixth kindergarten class. She stated that the County needs to continue to closely monitor the enrollment figures. Commissioner Snook informed the Commissioners that an article in the Frederick newspaper reported that Frederick County has approximately 40,000 students enrolled and that they have hired 250 new teachers. He stated that Washington County is hosting the 2004 winter MACo conference on December 1 – 3 and the theme for the conference is “Best Practices.” Commissioner Snook reported that the MACo Legislative Committee has narrowed the list of initiatives to the following items: 1) county budget security, 2) transfer of controlling interests, 3) public safety/communications, and 4) school construction funding. He also reported that Governor Ehrlich indicated that the State’s budget numbers are looking more favorable. Commissioner Snook stated that he contacted Sheriff Mades to discuss the possibility of purchasing truck scales to spot-check weight limitations on bridges. He stated that electric deregulation would become effective in January and asked the County Administrator to get information regarding piggybacking on the State bid. Commissioner Snook informed the Commissioners that the County has received $90,000 in Community Development Block Grant funding for housing and Community Action Council initiatives. He also distributed a letter from the Convention and Visitors Bureau asking that the County forgive an advance that was given to them. AUGUST CITIZEN OF THE MONTH – WALTER WILLIAMS The Commissioners honored Walter Williams as the Citizen of the Month for AUGUST 24, 2004 PAGE TWO August 2004. Commissioner Snook presented Mr. Williams with a proclamation recognizing him for his dedication to the Williamsport community and his devotion to youth sports programs. Mr. Williams recently helped to host the State Little League Championship Tournament that was held at Byron Park in Williamsport. He was also commended for his dedication in maintaining the Little League fields and for attempting to save the life of a citizen in Byron Park last year. Mr. Williams thanked the Commissioners for the proclamation and thanked his family for their support over the years. REPORTS FROM COUNTY STAFF Dave Hankinson, Director of Human Resources, requested authorization to fill the position of Weigh Clerk at the landfill due to a recent resignation. Motion made by Commissioner Munson, seconded by Wivell, to approve the request to fill the vacant Weigh Clerk position at the Forty West Landfill. Unanimously approved. Joe Kroboth, Director of Emergency Services, informed the Commissioners that the Emergency Numbers Systems Board is hosting a training program on September 16 regarding the consolidation of communications systems and has extended the invitation to elected officials. He stated that the Emergency Management Assistance Compact has requested that Maryland consider sending resources to Florida to assist with the disaster recovery efforts from Hurricane Charley. Gary Rohrer, Director of Public Works, provided an update on the Broadfording Road bridge project. He stated that they have been negotiating with four construction firms and hope to have the proposals complete and ready for presentation to the Commissioners by next Tuesday for their approval. Mr. Rohrer stated that County crews have been trimming trees to improve visibility, patching roadways, and have replaced several signs in the area and on the detour route. BID AWARDS – COPY PAPER AND CUSTODIAL PAPER GOODS Motion made by Commissioner Nipps, seconded by Wivell, to award contracts for copy paper and custodial paper goods (Frederick Co. bid #04-06) to the following companies which submitted the lowest responsive, responsible bids: Office Max – Item 576 - $21.23/case, Item 577 - $26.71/case, and Item 575 - $22.57/case; Calico Industries, Inc – Item #7 - $22.25/case; Weiss Brothers of Hagerstown, Inc. – Item #8 -$20.20/case; and Daycon Products Co., Inc – Item #9 - $17.00/case. Motion carried with Commissioners Nipps, Wivell, Munson and Snook voting “AYE” and Commissioner Kercheval “ABSTAINING.” REQUEST TO ENTER INTO NEW LEASE FOR GOLF COURSE EQUIPMENT John Kain, Golf Course Superintendent, and Richard Roulette, Chairman of the Public Golf Corporation Board, appeared before the Commissioners to request that they provide financing to purchase new equipment for golf course maintenance. Mr. Roulette provided background information on the original purchase agreement for the equipment. He explained that the age of the equipment has deteriorated and that maintenance costs have increased dramatically. They proposed purchasing the equipment from existing state contracts to replace the worn-out equipment instead of leasing it. Mr. Roulette estimated that it would cost between $227,000 and $233,000 depending on the trade-in values. He asked that the Commissioners consider loaning them the money to purchase the equipment with a pay-back period of five years. The meeting was then opened for questions and discussion. The Commissioners asked that they develop a replacement schedule for these items so this does not occur in the future. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to provide up to $250,000 to the Black Rock Golf Course for the purchase of equipment on State contracts with the funds to be taken from General Fund cash reserves with pay-back to occur over a five- year period. Unanimously approved. AUGUST 24, 2004 PAGE THREE SENIOR LIVING ALTERNATIVES – REQUEST FOR FUNDING Doug Wright, member of the Board of Directors for Senior Living Alternatives, met with the Commissioners to request $25,000 to assist them with general operating costs to keep the homes open. Mr. Wright stated that Holly Place and North Holly Place provide 24-hour assisted living care to 30 elderly, low-income residents and that they are the only facility of this type in the County. He explained that the State has reduced its funding for this type of program and they did not receive the amount of funding they anticipated from the Gaming Commission. The meeting was then opened for questions and discussion. The Commissioners agreed to provide the requested funds and asked that they develop a long-range plan to resolve their budget dilemma. Motion made by Commissioner Kercheval, seconded by Nipps, to provide $25,000 to Senior Living Alternatives for general operating costs for Holly Place and North Holly Place, with funds to be taken from the Commissioners Contingency. Unanimously approved. ON-BEHALF-OF (OBO) LOCAL GOVERNMENTS HOUSING PROGRAM Motion made by Commissioner Wivell, seconded by Nipps, to assign Washington County’s 2004 housing bond allocation in the amount of $3,779,104 to the Community Development Administration for use in the On Behalf of (OBO) Program for first-time homebuyers. . Unanimously approved STRATEGIC PRIORITIES – HAGERSTOWN/WASHINGTON COUNTY ECONOMIC DEVELOPMENT COMMISSION Tim Troxell, Executive Director of the Economic Development Commission (EDC), and Doug Wright, Chair of the EDC, met with the Commissioners to discuss the strategic priorities set at their planning retreat held on June 21. The priorities on which the EDC will focus are as follows: assist and retain existing businesses; facilitate workforce development partnerships; identify infrastructure needs and opportunities for economic development; support continued government cooperation towards achieving economic development objectives; and attract new businesses to Washington County with an emphasis on the target industry list. Mr. Wright also provided information on the action plans for each of the items. The Commissioners commented on the priorities and thanked the staff and board members for doing a wonderful job. CITIZENS PARTICIPATION Chuck McCann thanked the Commissioners for their immediate response on the Broadfording Road Bridge. Commissioner Snook provided an update on the project and the items that have been addressed following last week’s meeting. Mr. McCann invited the Commissioners to a community meeting being held at the bridge on September 2 at 4:30 p.m. James Devine expressed concerns about development in the County and funding incentives given to businesses. He also cited laws pertaining to storage bins and eviction proceedings. APPROVAL TO ADVERTISE POSITION – PART-TIME ASSISTANT COUNTY ATTORNEY Richard Douglas, County Attorney, asked for authorization to advertise to fill an upcoming vacancy in his office for a Part- time Assistant County Attorney. Motion made by Commissioner Wivell, seconded by Munson, to approve the request to advertise to fill the position of Part- time Assistant County Attorney. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Larsen, Business Development Manager for the Hagerstown Regional Airport, announced that US Airways is now offering its “LowFares” program at the Hagerstown Regional Airport as part of the new “GoFare” rate structure. Mr. Larsen distributed information on the fares and the cost of advance purchase tickets. FAA GRANT AIP 3-24-0019-032 – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Kercheval, to approval FAA Grant AIP 3-24-0019-032 for $979,053 to be used to expand terminal AUGUST 24, 2004 PAGE FOUR building phase 3 to rehabilitate the apron in front of the terminal. Unanimously approved. REAPPOINTMENTS – AIRPORT ADVISORY COMMISSION Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint Thomas Henderson and Harry Reynolds to the Airport Advisory Commission for three-year terms. Unanimously approved. REAPPOINTMENT – AGRICULTURAL EDUCATION CENTER BOARD Motion made by Commissioner Munson, seconded by Nipps, to reappoint James Reeder to the Board of Directors of the Agricultural Education Center for a three-year term. Unanimously approved. WORKSHOP – RURAL AREA REZONING Michael Thompson, Planning Director, and Stephen Goodrich, Chief Planner, met with the Commissioners to discuss the recommendations of the Rural Area Rezoning Task Force and the Planning Commission with regard to rural area rezoning. The Commissioners discussed growth issues that were topics at the MACo conference with regard to long-range planning and various State programs that might be available. The Commissioners discussed the schedule for rural business applications and agreed to have an additional cycle to consider these to make the process simpler. The Commissioners reviewed the recommendations made by the Planning Commission and the Rural Area Zoning Task Force. Lot Exemptions Motion made by Commissioner Nipps, seconded by Kercheval to adopt the following criteria for lot exemptions: 1) Under 50 acres - 3 lots, 2) 50 to 100 acres – 4 lots, over 100 acres – a maximum of five lots. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” Side-Yard Setbacks Motion made by Commissioner Nipps, seconded by Kercheval, to approve modifying the proposed 50’ side yard setbacks in A, EC, and P zones to 15’ when using a 40,000 square foot lot allowance and no permanent preservation is adjacent, retaining a 50’ setback when creating larger lots (5, 20, or 30 acres) or when permanent preservation is adjacent, and developing a sliding scale for in-between areas depending on lot design (minimum 30% of lot width at building line not to exceed 50’ each side). Unanimously approved. Rural Business Hearing Schedule Motion made by Commissioner Munson, seconded by Kercheval, to support the proposed procedure for Rural Business (New) designations as outlined in the Planning Department’s Staff Report and Analysis. Unanimously approved. Amend Definitions - Truck Stop or Motor Freight Terminal Motion made by Commissioner Nipps, seconded by Kercheval, to amend the definitions of truck stop and motor freight terminal as previously approved. Unanimously approved. Language – Special Exceptions Motion made by Commissioner Munson, seconded by Kercheval, to approve the Planning Commission’s recommendation to return the term “functionally similar” to the language regarding special exceptions. Unanimously approved. The Commissioners recessed at this time for lunch and agreed to continue discussions during the afternoon session. RECESS – LUNCH The Commissioners recessed at 11:58 a.m. for lunch. AUGUST 24, 2004 PAGE FIVE AFTERNOON SESSION The afternoon session was called to order at 1:06 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. APPROVAL OF RESOLUTION – EIGHTH AMENDED AND RESTATED TRUST AGREEMENT OF THE LOCAL GOVERNMENT INSURANCE TRUST (LGIT) Annajean McKnight, Risk Management Administrator, met with the Commissioners to review the amended and restated LGIT agreement. She stated that the Board of Trustees of the LGIT has approved the following amendments to the agreement: 1) Inter-Pool Borrowings – the limit of moneys that the Board of Trustees may loan from one pool to any other pool is removed. 2) Deficits and Surplus in Pools – short-term inter-pool borrowing has been added to the list of mechanisms available to the Board of Trustees to address a deficit in the General Fund of a Pool. 3) Inter-Pool Transfers – The Board of Trustees is authorized to transfer moneys from one Pool to any other Pool, but only to address the closure of a Pool or a major component of a Pool and upon an affirmative vote of two-thirds. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the Resolution approving and consenting to the Eighth Amended and Restated Trust Agreement of the Local Government Insurance Trust as presented. Unanimously approved. CONTINUATION OF WORKSHOP – RURAL AREA ZONING RECOMMENDATIONS The Commissioners continued their discussions and review of the recommendations made by the Planning Commission and Rural Area Zoning Task Force with regard to rural area zoning. They reviewed the Table of Land Use Regulations (Rural Area Uses) and made changes in items A – D for hearing. They agreed to continue their review of the table at next week’s meeting. GOSSARD MILL ROAD – RECOMMENDATION FOR REPAIRS Gary Rohrer presented a recommendation to proceed with repairs to Gossard Mill Road. Mr. Rohrer noted that this is the primary detour route while the Broadfording Road Bridge is closed for repairs. He stated that the road is in need of serious repair, and it is not prudent to let it go through the winter. Mr. Rohrer proposed that the project be done in September and estimated that it would cost $195,000. Rodney Shoop, County Administrator, proposed that it be funded out of the surplus in the excise tax revenues and added to contract for overlay with Craig Paving. The Commissioners took this request under consideration. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Nipps, to convene in closed session at 2:23 p.m. to discuss personnel matters that affect one or more specific individuals, consult with counsel to obtain legal advice, consult with staff 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 3:43 p.m. Unanimously approved. In closed session, the Commissioners discussed four (4) personnel matters that affect one or more specific individuals, consulted with counsel to obtain legal advice on one (1) matter, consulted with staff about pending or potential litigation, 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; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; AUGUST 24, 2004 PAGE SIX Robert Davenport, Director of the Solid Waste Department; Gary Rohrer, Director of Public Works; Greg Murray; Director of the Water Quality Department; Brian Overcash, Safety Coordinator; and David Hankinson, Director of Human Resources. ETHICS COMMISSION RE/APPOINTMENTS Motion made by Commissioner Nipps, seconded by Wivell, to appoint John Venditta to the Ethics Commission for a three-year term and to reappoint Dana Moylan for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 3:43 p.m. Unanimously approved. , County Administrator _________________________, County Attorney Clerk ______________________,