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HomeMy WebLinkAbout050308 March 8, 2005 Hagerstown, Maryland The Commissioners attended the annual breakfast meeting sponsored by the Washington County Extension Service at 7:30 a.m. 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 Kercheval followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – MARCH 1, 2005 Motion made by Commissioner Kercheval, seconded by Wivell, to approve the minutes of March 1, 2005, as amended. Unanimously approved. CITIZEN OF THE MONTH AWARD – FEBRUARY 2005 The Commissioners honored the Massey family as the Citizens of the Month for February 2005. Alvin Massey and Tommy Massey accepted a certificate of merit, on behalf of the Massey family, for donating the parcel of land adjacent to the Washington County Free Library for use as a parking lot. The Massey family has leased this land to the Library for $1 per year for the past 41 years. Alvin Massey thanked the Commissioners for the honor and asked them to support the proposed expansion plans for the Library. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employee R. Jason Malloy (Emergency Communications Department) who is moving from part-time employee to full time. The Commissioners welcomed Mr. Malloy and wished him well in his new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson stated that he feels the County should formalize its unofficial policy of having the candidate who receives the most votes appointed as President of the Board of County Commissioners and the second-place finisher appointed as Vice President prior to the next election. Commissioner Nipps reported on the Recreation & Parks Board meeting. She informed the Commissioners that University of Maryland personnel have decided not to sign the addendum to the lease for the Agricultural Education Center property because they want approval over the uses at the Center. John Martirano, County Attorney, summarized the language in the current lease agreement and how the uses are approved. Commissioner Nipps also reported on the Historic District Commission meeting. She urged the Commissioners to send a letter to the County Delegation to the General Assembly and the House Ways and Means Committee opposing House Bill 1186 – Washington County Property Tax Commission. Commissioner Nipps stated that she believes there has been a misunderstanding by the Delegation that the Commissioners support this bill. It was the consensus of the Commissioners to send a letter in opposition to H.B. 1186 and explain that property taxes are the responsibility of elected County officials and not state government. They also agreed that the time allotted in the bill is not sufficient for an appointed group to make an informed recommendation back to the County and Delegation regarding property tax rates. Commissioner Snook noted that Washington County has the lowest tax rate west of Baltimore, the fourth lowest assessment in the State, and a 10% cap in place for assessments. Motion made by Commissioner Munson, seconded by Nipps, to send a letter and fax to each member of the County Delegation to the General Assembly and to the members of the House Ways and Means Committee in opposition to House Bill 1186 – Washington County Property Tax Commission. Unanimously approved. Commissioner Kercheval reported on the MACo Legislative Committee meeting. He stated that he attended the Washington County Business MARCH 8, 2005 PAGE TWO Awards and commended the Economic Development Commission staff and the Chamber of Commerce for organizing the event. Commissioner Kercheval provided a summary of the Planning Commission meeting. He stated that the Delegation is meeting tomorrow to discuss the excise tax legislation and will probably approved Option 2 with several amendments to be considered. Commissioner Kercheval informed the Commissioners that he met with representatives from the City of Hagerstown regarding their concerns on the bill. Commissioner Wivell reported on the Board of Social Services meeting. He stated that he received a request from The Cascade Committee that the Commissioners continue to provide a stipend to the Blue Ridge Summit Library in the amount of $1,500. Commissioner Wivell informed the Commissioners that he toured four County schools with representatives from the Board of Education. He distributed a copy of a letter requesting Program Open Space funds for the North Hagerstown High School stadium project. The Commissioners agreed that they would consider this request during the next funding cycle. The Commissioners discussed the request made by the Blue Ridge Summit Library. Motion made by Commissioner Wivell, seconded by Kercheval, to provide a donation of $1,500 to the Washington County Free Library for the Blue Ridge Summit library in the FY 2006 budget. Unanimously approved. Commissioner Snook stated that he attended the Washington County Business Awards dinner. He reported on the Chamber of Commerce Board meeting. Commissioner Snook informed the Commissioners that the Chamber elected not to support the Council of Governments concept. He stated that he attended Kohl’s grand opening. Commissioner Snook stated that he received a letter from the Town of Clear Spring thanking Water and Sewer employees for their help in repairing a leak at their reservoir. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he met with the Smithsburg Library Building Committee and they are very pleased with the design changes that were made. He stated that he hopes to have a draft of Article 4 of the Adequate Public Facilities Ordinance for Roads in the next 30-45 days for the Commissioners’ review. Mr. Rohrer provided a progress report on the newMaugansville Elementary School project. APPROVAL TO FILL VACANCY – INFORMATION TECHNOLOGIES Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill the Services Specialist I position (Grade 11) in the Information Technologies Department. Motion carried with Commissioners Kercheval, Nipps, Munson and Snook voting “AYE” and Commissioner Wivell voting “NO.” CONTRACT RENEWAL – UNIFORMS FOR SHERIFF’S DEPARTMENT Motion made by Commissioner Kercheval, seconded by Nipps, to renew the contract with Red the Uniform Tailor, Inc. for Section 1 (Sheriff’s Patrol and Judicial) with the requested price increases, and to rebid the contract on Section II (Correctional Officers) since the present contractor, Jimmie Muscatello’s, did not wish to renew its contract. Unanimously approved. BID REJECTION – DIESEL POWERED SINGLE AXLE DUMP TRUCK Motion made by Commissioner Munson, seconded by Wivell, to reject the bid for purchase of a 26,000 lb. gross vehicle weight diesel powered single axle dump truck as submitted by Freightliner of Hagerstown, the sole responsive bidder, for their bid of $74,801, since the Department’s needs had changed since the truck was bid. The Buildings, Grounds, and Parks Department agreed to purchase a one-ton dump truck and, if sufficient funds remained, a new prison crew van and to re- budget the items in the FY 2006 Capital Outlay Budget for the Buildings, Grounds & Parks Department. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE – THREE PARA-TRANSIT BUSES FOR COUNTY COMMUTER MARCH 8, 2005 PAGE THREE Motion made by Commissioner Wivell, seconded by Munson, to authorize the Transportation Department to purchase three (3) para-transit buses from American Bus Sales & Services, to replace three Goshen mid-sized buses at a total cost of $192,333 by utilizing the Prince George’s County, Maryland contract #P032382C03042(112305), in accordance with the terms and Code of conditions of that contract and in accordance with the Public Local Laws of Washington County , Maryland, Section 1- 106.3. Unanimously approved. CITIZENS’ PARTICIPATION James Devine distributed a magazine article on a cost-efficient solar energy system. He reviewed the benefits and suggested utilizing this type of system to supply energy in new schools. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the March 17 CIP budget workshop has been cancelled and has been rescheduled for March 22. He stated that the Commissioners would also be meeting with Senator Barbara Mikulski that day following the dedication of her new office at the University System of Maryland facility. EMPLOY FACILITIES ENGINEER – WATER QUALITY DEPARTMENT Motion made by Commissioner Kercheval, seconded by Nipps, to employ Mark Bradshaw as Facilities Engineer (Grade 15) at a salary of $60,000 to fill an existing vacancy at the Water Quality Department. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” RE/APPOINTMENTS – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint James Hamill (Greater Hagerstown Committee) and Roger Johnston (at large) to the Economic Development Commission for three-year terms and to appoint Gary Davis (at large) and Timothy Henry (Chamber of Commerce) for three-year terms. Unanimously approved. SOIL CONSERVATION DISTRICT – SENSITIVE AREA REVIEW FEES Michael Thompson, Director of Planning & Community Development, met with the Commissioners to recommend that the Sensitive Area Review fee be increased from $20 to $50 per review effective April 1, 2005. Mr. Thompson explained that the fee was adopted in 1997 to compensate the Soil Conservation District (SCD) for its time in reviewing site plan provisions regarding stream buffers and steep slope development limitations for new developments. He stated that the fee has not been adjusted since its inception and the costs and amount of time required by SCD have dramatically increased. Commissioner Wivell stated that he feels that large subdivisions should paying a higher amount than small subdivisions. After discussion, the Commissioners directed Mr. Thompson to review the fees to incorporate this into the fee schedule. Mr. Weibley agreed to have his staff track the amount of time spent on larger subdivisions. Motion made by Commissioner Nipps, seconded by Wivell, to increase the Sensitive Area Review Fees to $50 per review effective April 1, 2005, with the understanding that staff will return in a year with additional data regarding the fee schedule. Unanimously approved. REZONING TEXT AMENDMENT – WS-03-003 – TOWN OF KEEDYSVILLE Tim Lung, Senior Planner, reviewed text amendment WS-03-003, submitted by the Town of Keedysville to amend the Water and Sewerage Plan. The amendment would include in the text of Chapter Three, Existing and Planned Water Supply Systems, updated information concerning the Town’s plans to upgrade and improve the Town’s aging water infrastructure to accommodate new growth and improve fire flow. The public hearing was held on November 8, 2004 and the Planning Commission has recommended approval of the text amendment. The meeting was then opened for questions and discussion. Motion by Commissioner Wivell, seconded by Nipps, to approve Text Amendment WS-03-003, as submitted by the Town of Keedysville, to amend MARCH 8, 2005 PAGE FOUR Chapter Three of the Water and Sewerage Plan, as presented at a joint public hearing held November 8, 2004. Unanimously approved. REZONING TEXT AMENDMENT – WS-04-007 – MARYLAND ENVIRONMENTAL SERVICE ON BEHALF OF MARYLAND CORRECTIONAL INSTITION Tim Lung, Senior Planner, reviewed text amendment WS-04-007, submitted by Maryland Environmental Service (MES) on behalf of the Maryland Correctional Institution (MCI) to amend the Water and Sewerage Plan. The amendment would include in the text of Chapter Four, Existing and Planned Sewerage Systems, references to a new wastewater treatment facility constructed in the mid- 1990’s and to make the Plan information consistent with the existing facilities and capacities at the treatment plant serving MCI. Mr. Lung stated that the public hearing was held on November 8, 2004 and the Planning Commission has recommended approval of the amendment. Motion by Commissioner Kercheval, seconded by Munson, to approve Text Amendment WS-04-007, submitted by Maryland Environmental Service (MES) on behalf of the Maryland Correctional Institution (MCI) to amend the Water and Sewerage Plan. The amendment would be included in the text of Chapter Four, Existing and Planned Sewerage Systems. Unanimously approved. BYLAW CHANGES – WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES Jenny Belliotti, Chair of the Local Management Board (LMB), appeared before the Commissioners to request their approval of bylaw changes for the Washington County Community Partnership for Children and Families (WCCP). Ms. Belliotti stated that the County Attorney has reviewed the changes and that they were approved by the full board on February 18, 2005. She then reviewed the proposed changes to the bylaws. The Commissioners discussed the revisions and suggested that language be added to clarify whether an agency designee may vote or serve as an officer on the sub-committees. The Commissioners agreed that an agency designee could serve as an officer but could only vote on issues if the appointed member was not present. They stated that each agency could only have one vote. Motion made by Commissioner Nipps, seconded by Wivell, to adopt the bylaw changes as requested by the Washington County Community Partnership for Children & Families, as amended this date. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 12:05 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:04 p.m. by President Gregory I. Snook, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. AGRICULTURAL LEASE – BLACK ROCK GOLF COURSE PROPERTY Motion made by Commissioner Nipps, seconded by Munson, to approve the lease of approximately 50 acres of Black Rock Golf Course property for agricultural purposes to Paul Rhoderick for $20 per acre for the first and second year and $40 per acre for the third through fifth year of the lease, with the provision that the County may void the lease at anytime. Motion carried with Commissioners Nipps, Munson, and Snook voting “AYE” and Commissioner Kercheval voting “NO.” BUDGET PRESENTATION - BLACK ROCK GOLF COURSE Dick Roulette, Chairperson of the Public Golf Corporation Board of Directors, Darrell Whittington, Director of Golf, and John Kain, Golf Course Superintendent, presented the FY 2006 budget request for Black Rock Golf Course of $1,262,240. Mr. Roulette outlined the minor rate increases proposed for next fiscal year. He expressed concerns about the increase in insurance premiums. Mr. Roulette also outlined measures the Board is taking to help increase play at Black Rock. The meeting was then opened for questions from the Commissioners. MARCH 8, 2005 PAGE FIVE (Commissioner Wivell arrived at the meeting at 1:17 p.m.) BUDGET PRESENTATION – HAGERSTOWN REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Phil Ridenour, Special Operations Administrator, presented the Airport budgets for FY 2006. Ms. Motz projected revenues of $1,351,443 for FY 2006. She indicated that the decrease is due to the uncertainty of the status of commercial air service and there is no planned revenue for this item in the budget. Ms. Motz stated that they are hoping that the Essential Air Service designation is reinstated which could account for an increase in revenue. She reviewed the major changes in budget categories and line items and the reasons for the proposed changes. The meeting was then opened for questions from the Commissioners regarding the proposed budget. BUDGET PRESENTATION – HIGHWAY DEPARTMENT J. Theodore Wolford, Superintendent of the Highway Department, introduced the following members of his staff who helped to prepare the budget: Diane Mongan, Office Associate; Jack Reynard, Fleet Manager; Zane Rowe, Building Maintenance Supervisor; Dave Shrader, Traffic & Safety Supervisor; and John Phillips, Section Supervisor. Mr. Wolford stated that highway user revenues fund the Department, which is distributed by the State to maintain the road system. He provided statistics on roads in the County and the employees. Mr. Wolford then presented the Highway Department’s FY 2006 budget request in the total amount of $6,519,576. He highlighted the major changes in budget categories and line items, the reasons for the proposed increases and reductions, and answered questions from the Commissioners. Mr. Reynard explained the impact the reduction of State highway user funds has had on the replacement guidelines. Commissioner Snook commended the Department for doing a good job with the State reductions in Highway User Funds. BUDGET PRESENTATION – TRANSPORTATION DEPARTMENT Kevin Cerrone, Transit Manager, outlined the services and programs offered by the County Commuter and reviewed the operating summary of revenues and expenditures. He indicated that the County Commuter is primarily funded by fare box revenues and State and Federal grants, although a General Fund contribution is required as a matching fund for the grants. Mr. Cerrone presented the proposed budget for FY 2006 in the total amount of $1,993,975. He stated that the requested General Fund appropriation for FY 2006 is $426,155. At this time, the meeting was opened for questions from the Commissioners. CODIFICATION OF CODE OF PUBLIC LOCAL LAWS AND ORDINANCE Richard Douglas, presented a proposal to recodify the Code of Public Local Laws and principal ordinances. He informed the Commissioners that the State Department of Legislative Services prepared the latest supplement of the Code of Public Local Laws and is willing to do the update. Mr. Douglas stated that he would prefer the creation of a Washington County Code that would incorporate the Code of Public Local Laws together with selected County ordinances. He explained that an outside legal publisher could integrate all of the separate ordinances into one cohesive document. The meeting was then opened for questions from the Commissioners. Motion made by Commissioner Munson to accept the County Attorney’s proposal to recodify the Code of Public Local Laws and selected County ordinances as outlined. Motion died for lack of a second. The Commissioners continued discussion and it was the consensus to wait to codify County ordinances since they can foresee major changes in some of them. Motion made by Commissioner Wivell, seconded by Nipps, to update the Code of Public Local Laws through the Department of Legislative Services. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:25 p.m. to discuss a personnel matter, consult with MARCH 8, 2005 PAGE SIX 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 Wivell, seconded by Kercheval, to reconvene in open session at 3:48 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice concerning one (1) matter, consulted with staff about pending or potential litigation, and considered matters that concerned 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 M. Shoop, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; David Hankinson, Director of Human Resources; James Sterling, Director of Buildings, Grounds and Parks; and Tim Troxell, Executive Director of the Economic Development Commission. REAPPOINTMENT – RECREATION & PARKS BOARD Motion made by Commissioner Munson, seconded by Nipps, to waive the two-term limit policy and reappoint Gerald Poffenberger as the representative from the Agricultural Education Center Board to the Recreation & Parks Board for a three-year term. Unanimously approved. RECESS The Commissioners recessed at 3:48 p.m. FISCAL YEAR 2006 BOARD OF EDUCATION BUDGET HEARING The evening session was called to order at 7:00 p.m. in the Kepler Theater at Hagerstown Community College 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. Also present were Board of Education members Bernadette Wagner, Edward Forrest, Roxanne Ober, Paul Bailey, Jacqueline Fischer, Wayne Ridenour, and Russell Williams. Ms. Fischer reviewed the information concerning the types of funding included in the total budget, the process, and how the budget relates to the master plan. William Blum, Chief Operating Officer, outlined the expected incremental revenues from State and County sources. He stated that the Board of Education is projecting an incremental increase of $15,806,692 from the State of Maryland, $3,800,000 from the County, and $696,218 in prior years’ surplus, for a total expected incremental revenue of $20,302,910. The budget request for fiscal year 2006 for County appropriation is $81,686,468 (unrestricted revenues). He stated that the County portion would include maintenance of effort and funding for new buses. Dr. Abernethy reported on hiring and Dr. Morgan spoke regarding the increases related to employee compensation and benefits. Following the presentations, the meeting was opened for questions and comments from the County Commissioners. The meeting was then opened for comments from the public. After hearing all comments, the meeting was adjourned at 8:45 p.m. , County Administrator , County Attorney , Clerk