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HomeMy WebLinkAbout050125 January 25, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:15 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on the meetings of the Mental Health Authority and Airport Advisory Commission. She informed the Commissioners that Partners for Success is sponsoring a seminar on March 19 regarding the “No Child Left Behind” legislation as it deals with special needs children. Commissioner Wivell stated that he appeared before the Board of Public Works to request additional funding for the Board of Education’s capital projects. He also reported on the Social Services Board meeting. Commissioner Kercheval reported on the meetings of the Local Management Board, Mental Health Advisory Committee, and Metropolitan Planning Organization. He informed the Commissioners that he met with the Chamber of Commerce’s Legislative Committee regarding the proposed changes in the excise tax legislation. Commissioner Kercheval stated that he attended the January meeting of the local chapter of the Maryland Municipal League to discuss the proposed amendments to the excise tax and the Adequate Public Facilities Ordinance. Commissioner Snook informed the Commissioners that Roxanne Ober would act as their liaison on the Board of Education. Commissioner Wivell agreed to continue as the Commissioners’ liaison to the Board of Education. Commissioner Snook distributed an invitation from the Daughters of the American Revolution to a scholarship reception on February 16. He stated that the Town of Hancock has asked for County assistance in estimating the cost and type of bridge to replace the one that was damaged in Kirkwood Park. Commissioner Snook stated that the Governor has appointed Clyde Tate to the Election Board as a substitute member. He also distributed a letter from the State Public School Construction Program regarding permit fees that may be charged for school construction projects. APPOINTMENT – LOCAL MANAGEMENT BOARD Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Mark Lannon to the Local Management Board to fill the unexpired term of Vivian Miller that extends to June 30, 2005. Unanimously approved. AUTHORIZATION TO FILL MAINTENANCE EQUIPMENT OPERATOR I POSITION Motion made by Commissioner Nipps, seconded by Munson to authorize filling the vacant Maintenance Equipment Operator I position at the Highways Department. Unanimously approved. CERTIFICATE OF MERIT – SCOTT HOBBS Commissioner Snook presented a certificate of merit to Scott Hobbs, Bridge Engineer, in recognition of having received his license as a Registered Professional Engineer. The Commissioners congratulated Mr. Hobbs on this accomplishment and acknowledged the many years of education and perseverance required to achieve this goal. Mr. Hobbs thanked the Commissioners for the Certificate and outlined the requirements for the certification. CONTRACT AWARD – OUT OF SCHOOL TIME ASSISTANCE FOR YOUTH WITH SPECIAL NEEDS Motion made by Commissioner Kercheval, seconded by Nipps, to award the contract for Out of School Time Assistance for Youth with Special Needs to ARC of Washington County, the sole proposer, for $30,536. Funding for the project is provided through a grant from the State Developmental Disabilities Administration. Unanimously approved. JANUARY 25, 2005 PAGE TWO RECOGNITION OF HIGHWAY DEPARTMENT PERSONNEL FOR COMPLETING COMMUNITY EMERGENCY RESPONSE TRAINING (CERT) Joe Kroboth, Director of Emergency Services, and Verna Brown, Emergency Management Coordinator, recognized Ted Wolford, Director of the Highway Department, and Section Supervisors Ronnie Ridenour, Dave Shrader, Kevin Knight, and Doug Murray for having 100% of its workforce complete Washington County’s Community Emergency Response Training (CERT). Mr. Kroboth stated that the CERT course included training in disaster preparedness for fire suppression, medical operations, light search and rescue, disaster psychology, and animals in disaster and terrorism. He presented Mr. Wolford and each Section Leader with a plaque acknowledging this accomplishment. The Commissioners commended the employees of the Highway Department for completing the training. Mr. Wolford then gave an update on the cost of last weekend’s snowstorm. He stated that they have had very few equipment problems during the storms and commended Jack Reynard, Fleet Manager, for the manner in which the vehicles are maintained. CITIZENS’ PARTICIPATION Gerry Ditto expressed his views on current agricultural preservation programs and those being considered under the rural area rezoning. He outlined several concerns he has with the program. The Commissioners discussed some of the difficulties involved in determining how to structure an equitable program. 2005 SALARY STUDY COMMISSION RECOMMENDATIONS Richard Douglas, County Attorney, stated that the members of the Washington County Delegation to the General Assembly have made it clear that they would like the County Commissioners to make a specific recommendation as to the Sheriff’s salary. He stated that the Salary Study Commission recommended a salary of $90,000, and the Sheriff requested a salary for his successor in the range of $80,000 - $85,000. The Commissioners discussed the recommendations and agreed to request a salary of $80,000 for the Sheriff, beginning with the 2006 term of office. Motion made by Commissioner Munson, seconded by Nipps, to recommend a salary of $80,000 for the Sheriff, beginning with the 2006 term of office. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” Mr. Douglas stated that the members of the Delegation were not receptive to their proposal to amend the salary study process by having the appointed Salary Study Commission make its recommendation directly to them regarding the County Commissioners’ salary. He recommended that this proposal be withdrawn. The Commissioners indicated that they would leave the recommendation as it is and allow the Delegation to decide whether or not to approve it. REAPPOINTMENT – GAMING COMMISSION Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint William McKinley as the County’s representative to the Gaming Commission for a two-year term. Unanimously approved. BUDGET TRANSFER REQUEST – AGRICULTURAL EDUCATION CENTER BARN #1 Motion made by Commissioner Munson, seconded by Wivell, to approve the request to include a $38,0000 grant from the Gaming Commission into a new CIP account for the installation of footers and concrete slab in Barn #1 at the Agricultural Education Center. Unanimously approved. PROJECT CLOSE-OUT – HALFWAY BOULEVARD BRIDGE Motion made by Commissioner Munson, seconded by Nipps, to approve the final close-out change order from J.D. Eckman, Inc. in the amount of $111,500 for emergency repairs to Halfway Boulevard Bridge (W-661) over Underpass Way, with funds to be reimbursed from the firm’s insurance company. Unanimously approved. JANUARY 25, 2005 PAGE THREE SUPPORT OF UNIVERSITY SYSTEM OF MARYLAND AT HAGERSTOWN Dr. C. David Warner, Executive Director of the University System of Maryland at Hagerstown (USMH),and JoEllen Barnhart, Associate Director, met with the Commissioners to request that the County provide financial support for the operating expenses of the library/media center or some immediate support for marketing in 2005. He indicated that the marketing effort for FY 2005 is estimated to cost $15,300 and the library/media center is budgeted at $30,000 per year. Ms. Barnhart explained how these areas were selected for requested funding. The Commissioners discussed the request and agreed to provide a one-time allocation. Motion made by Kercheval, seconded by Munson, to provide a one- time allocation of $25,000 to the University System of Maryland at Hagerstown for marketing activities with funds to be taken from the Commissioners’ Contingency fund. Unanimously approved. CONSENT ORDER – CITY OF HAGERSTOWN WASTEWATER TREATMENT PLANT Greg Murray, Director of the Water Quality Department, met with the Commissioners to review the Consent Order between the City of Hagerstown and Maryland Department of the Environment regarding measures to be taken by the City for upgrade of its wastewater treatment facility. Mr. Murray explained that this Order specifies conditions under which the City can provide service to customers during the term of the Order, as well as milestones and requirements for capacity management and upgrade of the facility. He stated that the Consent Order could have potential implications regarding City and County service capabilities. Mr. Murray stated that the Order initially limits additional available capacity at the facility to 120,000 gallons per day. He reviewed the provisions of the Order, including the corrective action required and its enforcement, in detail with the Commissioners. The meeting was then opened for questions and discussion. Commissioner Kercheval stated that the Commissioners would have to look at developing an allocation policy and prioritize the County’s needs. The Commissioners discussed the interconnector and the amount of flow that could be transferred from the City’s system. Mr. Murray stated that now that the State’s Enhanced Nutrient Removal (ENR) requirements have been announced, the staff can develop an allocation process to ensure overall capacity for the long term. RECESS – LUNCH The Commissioners recessed at 12:10 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 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. WORKSHOP – PROPOSED GOALS FOR 2005 The Commissioners continued their discussion of proposed goals for adoption for 2005. Mr. Shoop reviewed the suggestions made during the January 6 workshop and proposed that they select between seven and nine to address this year. The Commissioners agreed to the following goals: - Adopt Rural Area Rezoning Zoning after consideration of equity and land preservation issues and begin implementation of Comprehensive Plan recommendations for Urban and Town Growth Area. - Work with municipalities to develop residential and business tax incentive program in designated areas. - Appoint a task force to begin development of a plan to address affordable/workforce housing. - Work with the Board of Education to improve the planning process for construction and renovation of facilities and develop policies to manage growth versus available capacities. - Develop a long-range plan for the life of the Forty-West Landfill. - Initiate and develop policies and procedures that lead to the implementation of the emergency medical services plan. JANUARY 25, 2005 PAGE FOUR - Initiate a County-wide infrastructure and resource management plan. The Commissioners agreed to refine the wording and consider the goals for adoption at a later date. (Commissioner Snook was excused from the meeting at 2:50 p.m. and Commissioner Wivell assumed the Chair.) FORTY WEST LANDFILL CEMETERY RELOCATION Rob Slocum, Deputy Chief Engineer, appeared before the Commissioners to provide an update on the Forty West Landfill cemetery relocation project. Mr. Slocum introduced William Lowthert from R. Christopher Goodwin & Associates, Inc., the firm selected to perform the archeological services required to relocate the nineteenth century cemetery to the St. Paul’s Cemetery in Clear Spring. He indicated that the project cost was $384,319.75 for all phases. Mr. Lowthert stated that the project involved Phase III archeological investigations in accordance with the US Army Corps of Engineers and Maryland Historical Trust requirements. Through this investigation, 84 historic burials were identified and exhumed dating from the late eighteenth through the mid- nineteenth centuries and contained members of the extended Wachtel, Stine, Troup, and Kershner families. Upon completion of these archeological investigations and in consultation with interested family members, all human remains, coffin-related artifacts, and personal items recovered were re-interred at St. Paul’s Cemetery in Clear Spring during August and September 2004. A bronze and granite plaque will be installed at St. Paul’s Cemetery to mark the reinterment of the 84 graves disinterred from the Wachtel/Stine Cemetery. (Commissioner Snook returned to the meeting at 3:20 p.m. and resumed the Chair) Ken Clopper spoke on behalf of the descendants involved with the relocation throughout the project. He thanked the Commissioners for supporting the reinterment and commended Mr. Lowthert and the County staff for the professional and sensitive manner in which they completed the project. WORKSHOP ON PROPOSED EXCISE TAX Rodney Shoop, County Administrator, discussed the request that the County Delegation to the General Assembly remove the present ceiling on the building excise tax rate as of July 1, 2005 and more specifically whether to make a recommendation on a fee for road improvements for non-residential development. Commissioner Kercheval stated that he met with the Legislative Committee of the Chamber of Commerce to obtain feedback from them. The Commissioners reviewed information on similar fees charged by other counties and the price per square foot assessed for previous projects under the Adequate Public Facilities Ordinance agreements. They agreed that they would like to have the flexibility in the legislation to assess the tax, with the understanding that the details would be resolved at a later date. The Commissioners raised concerns about establishing an excise tax fee for commercial projects and emphasized the need to have flexibility. Brien Poffenberger, Executive Director of the Chamber of Commerce, stated that they feel any fee for this should be fair, uniform, predictable, and in a form to be used as an economic development tool. Richard Douglas, County Attorney, stated that the County has the authority in the current law to assess a fee for commercial projects. After discussion, it was the consensus of the Commissioners not to request a change in the legislation for commercial and industrial projects. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 4:19 p.m. to consult with counsel to obtain legal JANUARY 25, 2005 PAGE FIVE advice 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 Wivell, to reconvene in open session at 4:43 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice concerning 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, and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Kirk Downey, Part-time Assistant County Attorney; and Joni Bittner, County Clerk. RECESS The Commissioners recessed at 4:43 p.m. EVENING SESSION – TOWN OF FUNKSTOWN The evening session was called to order at 7:00 p.m. at the Funkstown Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present were Funkstown Mayor Robert Kline, Vice Mayor Paul Crampton, and Council members Robert Rodgers, Richard Nigh, and Sharon Chirgott. Tax Setoff - Funkstown Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. Commissioner Snook stated that, for fiscal year 2005, Funkstown would receive $5,506. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook informed the town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He stated that the Town might also want to piggyback onto the County’s overlay contract. Commissioner Snook briefly discussed State Program Open Space (POS) funding. Commissioner Snook urged the town to adopt an Adequate Public Facilities Ordinance to address school capacity issues caused by growth in the towns, as was presented at the local Maryland Municipal League meeting last night. The Commissioners then discussed items of interest to the town officials and citizens in the area, including permits and inspections, the status of the Funkstown bypass, and the need for a for a turn arrow at the traffic signal near the Funkstown Fire Hall. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Kercheval, to adjourn at 7:30 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk