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HomeMy WebLinkAbout041130 November 30, 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 Commission Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – NOVEMBER 15 & 16, 2004 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of November 15 and 16, 2004, as amended. Unanimously approved. CITIZENS’ PARTICIPATION John Bartlett expressed his concerns with the Planning Department’s policy to name the private lane where he resides in the Rohrersville area to assist emergency services in finding the residences. He stated that the residents of the lane were notified that it must be named because there were more than three dwellings on the lane. Other residents were in attendance, including Wendy Smallwood, Christy Rogers, and Michael Haller, who voiced their opposition to changes in their addresses by naming the lane. James Devine suggested that the Commissioners consider adopting an ordinance, similar to the one adopted by the City of Hagerstown, regarding landlord/tenant concerns to provide better protection for tenants. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the meetings of the Local Management Board and Public Golf Corporation. He stated that there is additional acreage near Black Rock Golf Course that could possibly be utilized as a site for a new school in the future. He stated that he met with the Homebuilders’ Association and the Downtown Task Force for Revitalization. The “2 + 2” Committee met with representatives of the Economic Development Commission to discuss economic development in the City of Hagerstown. Commissioner Wivell stated that he attended an open house in the Royal Oaks Subdivision, which was built by Oak Hill Enterprises. He informed the Commissioners that he sat in on the Board of Education meeting when they presented their legislative priorities to the Washington County Delegation to the General Assembly. Commissioner Wivell indicated that he attended a recent tax seminar and suggested that the County may want to consider utilizing health savings accounts. Commissioner Munson stated that he recently attended Eagle Scout ceremonies for two Boy Scouts. He asked when a plan on the use of County vehicles and fuel conservation information would be presented to the Board for their consideration. Rodney Shoop, County Administrator, stated that they still need additional information for the report but should be able to discuss this issue in the near future. Commissioner Nipps reported on the meetings of the Mental Health Authority and the Airport Advisory Commission. Commissioner Snook stated that he heard complimentary reports on the flu shot clinic held by the Health Department. He reminded the Commissioners that the Roads Department Christmas party is scheduled for December 4. Commissioner Snook stated that notification letters regarding the new State Bay restoration fund were sent out last week. He informed the Commissioners that the Street Acceptance Committee met and accepted 12,000 feet of roads into the County system. He stated that he received notification from the Maryland Department of the Environment that they granted a renewal of an air control permit to St. Lawrence Cement. Commissioner Snook reported on the meetings of the Emergency Services Committee and the Transportation Advisory Committee. He stated that he recently spoke at the Board of Realtors meeting regarding APFO fees. NOVEMBER 30, 2004 PAGE TWO UPDATE – SMITHSBURG BRANCH LIBRARY PROJECT Gary Rohrer, Director of Public Works, along with Mary Baykan, Director of the Washington County Free Library, Judith Ferro and Lynn Shaw representing the Friends of the Smithsburg Library, and Mickey Myers, Mayor of Smithsburg, met with the Commissioners to provide an update on the Smithsburg Branch Library project. Mr. Rohrer informed the Commissioners that the design development stage is approximately 80% complete. He noted that the final design stage with construction and bid documents should be complete in late February 2005. Mr. Rohrer reviewed the schematics of the proposed plan. He stated that the architect’s current design is less than 9,000 square feet. They hope to have the Notice to Proceed for the project in early April. Ms. Ferro and Ms. Baykan informed the Commissioners that a total of $1,115,303.46 for the project is available. Ms. Ferro listed the fundraising projects that were undertaken in the community since the project began in 2002. Ms. Baykan congratulated the community, which raised over 80% of the funds. She also thanked the Town of Smithsburg which donated the land and is waiving the hook-up fees. Commissioner Snook thanked the group for the presentation and stated that the Board would like to meet with Town officials to discuss the operational side of the project. CONTRACT AWARD – MARYLAND’S STATEWIDE SPECIAL TRANSPORTATION ASSISTANCE (SSTAP) FOR THE WASHINGTON COUNTY PUBLIC TRANSPORTATION DEPARTMENT Motion made by Commissioner Nipps, seconded by Munson, to award the contract to provide services to the Washington County Public Transportation Department for Maryland’s Statewide Special Transportation Assistance Program (SSTAP) to Turner Charter, Inc., trading as Turner Van Service, the sole responsive, responsible bidder, based on the bidder factor addition of ten (10%) percent (fuel surcharge) to its 2004 Turner Charter Service Pricing, a ten (10%) administrative fee or invoicing surcharge, and a monthly cost of $1,000 per month for a wheel chair lift equipped vehicle, for a six (6) month contract with an option to renew for up to four (4) additional consecutive one-year periods, contingent upon concurrence from the Maryland Transit Administration. Unanimously approved. BUDGET TRANSFER REQUEST – AGRICULTURAL EDUCATION CENTER Motion made by Commissioner Munson, seconded by Kercheval, to approve the request for a budget transfer request of $34,000 from the completed Agricultural Education Center Barn 4 (Phase I) project to the stormwater management system upgrade project at the Agricultural Education Center. Unanimously approved. REAPPOINTMENT – AGRICULTURAL RECONCILIATION BOARD Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint Michael Main to the Agricultural Reconciliation Board for a three-year term. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 12:02 p.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. PROPOSED AMENDMENTS – TIP JAR REGULATIONS OF THE WASHINGTON COUNTY GAMING OFFICE Dan DiVito, former Gaming Director, and James Hovis, Gaming Director, met with the Commissioners to review proposed amendments to the Tip Jar Regulations of the Washington County Gaming Office. Mr. DiVito explained that the majority of the changes in the regulations are being requested to bring them into conformity with the State statute. He reviewed each of the proposed amendments and explained the reason for requesting the changes in the regulations. NOVEMBER 30, 2004 PAGE THREE Motion made by Commissioner Nipps, seconded by Kercheval, to approve the amendments in the Tip Jar Regulations of the Washington County Gaming Office, as outlined by the former Gaming Director. Unanimously approved. UPDATE OF GEOGRAPHIC INFORMATION SYSTEM (GIS) SUBCOMMITTEE Bud Gudmundson, GIS Coordinator, Alison Rice, representing Environmental Systems Research Institute (ESRI), and Doug Adams, GIS Manager for Baltimore County, appeared before the Commissioners to provide an update on the GIS subcommittee. Mr. Gudmundson explained that in this presentation he would provide background information on the GIS system and how it is used in Washington County and other counties. A second presentation in January will deliver the final report complete with conclusions and recommendations. He stated that the subcommittee was appointed by the IT Steering Committee to address how to better implement the GIS system in Washington County. The Steering Committee has been meeting for the past year to provide a needs analysis, determine what other counties in Maryland are doing with GIS, and meet with software and service providers. All the information will be placed in the report and recommendations to be presented in January. Mr. Gudmundson stated that GIS is a system for management, analysis, and display of geographic knowledge, represented using a series of information sets such as maps, layers, geographic data sets, processing and work flow models, data models, and metadata. He explained that more informed decisions can be made since the data can be visualized and greater efficiencies in operations could be achieved. Mr. Gudmundson informed the Commissioners that Washington County began using GIS in 1991 in the Planning Department. He stated that there is a need for this technology in many departments. Ms. Rice informed the Commissioners that she previously worked for Allegany County and discussed various applications for GIS in County departments. She stated that centralization of GIS is now the trend in Maryland and reviewed its benefits. Ms. Rice recommended that the County adopt an implementation plan before proceeding. Mr. Adams provided examples of lessons he has learned in working with GIS in both Harford and Baltimore Counties. He reviewed information from a cost-benefit analysis he performed in Baltimore County and spoke on budgeting for the GIS system and the integration of GIS. The Commissioners thanked them for the presentation and stated that they look forward to hearing the Steering Committee’s recommendations in January. ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) – SCHOOL FEES Gary Rohrer, Director of Public Works, and Mike Thompson, Director of the Planning Department, met with the Commissioners to discuss increasing APFO school fees from $7,355 to $8,500 per dwelling. Mr. Rohrer stated that Section 5.4.2 of the Washington County Adequate Public Facilities Ordinance provides for annual adjustments due to cost increases in school. He explained that when the Board instituted the APFO fees, the initial amount used for the formula did not include site work costs, which increases the average from $157 per square foot to $180 per square foot. Mr. Rohrer outlined the formula used to derive the monetary compensation paid by developers and reviewed the school APFO tracking sheet by development. He provided a hand-out showing different cost variables used in developing the formula to determine “cost per student.” Mr. Rohrer stated that the cost only reflects “bricks and mortar” costs and not textbooks, furnishings, or equipment. The meeting was then opened for questions and discussion. Dr. Elizabeth Morgan, Rodney Turnbough and William Blum attended, representing the Board of Education. Mr. Blum stated that the formula assumed that the State would fund construction of schools at its prior levels (65%), but this has not happened. He indicated that the County would probably have to forward fund or singularly fund the construction of new schools. Commissioner Kercheval stated that the projections indicate that there will be a shortfall in the amount needed for funding. Commissioner Munson stated that he feels that existing schools should be renovated rather than building new schools. The Commissioners discussed NOVEMBER 30, 2004 PAGE FOUR the possibility of getting legislative approval to use excise tax revenues for school construction to allow for more flexibility. It was the consensus of the Commissioners to increase the APFO for schools as outlined with implementation to occur on December 1 for any subdivision phase/section that has not received final approval from the Planning Commission. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the recommendation to increase the APFO school fees as stated in Section 5.4.2 from $7,355 to $8,500 per dwelling, to become effective December 1, 2004, for any subdivision that has not received final approval from the Planning Commission. Unanimously approved. FUNKSTOWN WATER & SEWER PLAN AMENDMENT – WS-04-004 Greg Murray, Director of the Water Quality Department, met with the Commissioners regarding the Funkstown Water and Sewer Plan Amendment. Mr. Murray stated that the Town has requested an amendment for the purpose of building a new 200,000-gallon per day wastewater treatment plant. The Town considered several options that were presented, including one that would alternatively transfer the Town’s flow through the City of Hagerstown’s collection system to the County’s Conococheague Wastewater Treatment plant. Mr. Murray reviewed in detail a summary of costs associated with both options and explained how the costs were derived. He informed the Commissioners that, although the original financial analysis showed a benefit to the Town in building its own facility, these factors have been re- evaluated. The result shows that the regional concept could be less costly long term and would accomplish the additional goals of inflow and infiltration correction. The Commissioners discussed Mr. Murray’s comments and opened the meeting for comments from Town officials. Mayor Robert Kline, Assistant Mayor Paul Crampton, and Council members Kim Rayer, John Phillips, and Richard Nigh were in attendance. They indicated that they were under a consent order from the Maryland Department of the Environment and requested that the Commissioners approve the request for water and sewer amendment WS-04-004, to allow them to move forward with construction of a new wastewater treatment plant if they decide to do so. Mr. Crampton stated that the Mayor and Council have reviewed the numbers and will consider the new information heard today before making a decision. Motion by Commissioner Kercheval, seconded by Wivell, to approve Text Amendment WS-04-004, as presented at a joint public hearing held September 20, 2004. Unanimously approved. (It was noted for the record that, although Commissioner Wivell was not in attendance at the public hearing on September 20, 2004, he did listen to a recording of the hearing.) CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Nipps, to convene in closed session at 3:57 p.m. to discuss the appointment of appointees or officials over whom the Board has jurisdiction and consider any other personnel matter that affects one or more specific individuals; consult with counsel to obtain legal advice, discuss a personnel matter that affects one or more specific individuals, and consult with staff, consultants or other individuals about pending or potential litigation, 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 Nipps, seconded by Kercheval, to reconvene in open session at 5:11 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment of appointees or officials over whom the Board has jurisdiction and consider any other personnel matter that affects one or more specific individuals; consulted with counsel to obtain legal advice on two (2) matters, and consulted with staff, consultants or other individuals about pending or potential litigation. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, NOVEMBER 30, 2004 PAGE FIVE and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Joe Kroboth, Director of the Emergency Services Department; Daniel DiVito, Director of Permits & Inspections; Jim Hovis, Director of the Gaming Office; and Greg Murray, Director of the Water Quality Department. ADJOURNMENT Motion made by Commissioner Munson, seconded by Wivell, to adjourn at 5:11 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk