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HomeMy WebLinkAbout960206 February 6, 1996 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:30 a.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. 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. JANUARY 1996 YOUTH OF THE MONTH AWARD - CASSIE DANIEL Commissioner Snook presented a Certificate of Merit to Cassie Daniel in recognition of being selected as the Youth of the Month for January 1996 by the Washington County Children's Council. Commissioner Snook listed Cassie's activities and accomplishments and commended her for being a superior role model for all our youth. Cassie thanked the Commissioners and Children's Council for the award and introduced her mother to the Commissioners. APPROVAL OF MINUTES - JANUARY 23, 25 AND 30, 1996 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of January 23, 25, and 30, 1996, as submitted. Unanimously approved. BID AWARD - WHEEL TRACTOR SCRAPER - SOLID WASTE DEPARTMENT Motion made by Commissioner Shank, seconded by Wade, to award the bid for a Wheel Tractor Scraper for the Solid Waste Department to Alban Tractor Co., Inc., for its net total bid of $219,487 (this includes a trade-in allowance of $100,000 for two (2) Caterpillar 621 Wheel Tractor Scrapers). Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Downey reported on the Civil Defense Company Banquet. Commissioner Bowers commented on the evening meeting held at Sharpsburg and on the State of the County presentation. The Commissioners discussed the State of the County address and ways to improve it for next year's presentation. The Commissioners then discussed recent amendments made by the Washington County Delegation to the General Assembly to the gaming legislation. The Commissioners agreed to send a letter to the members of the Delegation asking them to reconsider the amendments they made allowing private clubs to count in- kind services as 5% of their contribution, as well as their decision to allow the clubs to retain 40% from each tip jar, and to express concerns that they were not given the opportunity to supply comments before such drastic changes to the legislation were considered. The Commissioners also suggested that the clubs also be mandated to give a certain percentage of their proceeds to fire and rescue companies. Commissioner Snook reported that he met with residents of Lakeside Mobile Home Park regarding concerns they have at Lakeside. They asked him to look into whether Brentwood Road could be used as an emergency exit by residents of Lakeside. Commissioner Shank reported on the Recreation & Parks Board meeting and on the Funkstown Volunteer Fire Company banquet. Commissioner Wade stated that he toured the Sharpsburg water facility and sewage treatment plant and the Elk Ridge district facilities. He informed the Commissioners that he attended the Board of Public Works meeting in Annapolis with Board of Education officials to appeal for funding of the Lincolnshire Elementary renovation project and three roofing projects. The Commissioners also discussed the workshop meeting at the Water & Sewer Department. TRANSPORTATION SAFETY AWARDS 1994 & 1995 Alan Davis, Director of Human Resources, presented plaques to the following County Commuter Bus Drivers in recognition of their exceptional safe driving performances for the years 1994 and 1995: Linda Foltz for 7 years of safe driving in 1994 and 8 years in 1995; Bobbie Fredericks - 2 years in 1994 and 3 years in 1995; and Julie Dagenhart - 2 years in 1994 and 3 years in 1995. Commissioner Snook thanked and commended the group for their safe driving achievement. COMMUNITY ACTION COUNCIL UPDATE Cheryl Walkley, Director of the Community Action Council (CAC), appeared before the Commissioner to show the Commissioners what assistance their funding to CAC provides and to meet some of the people the programs have helped. Ms. Walkley stated that the mission of CAC is to increase the capacity of individuals and groups and to make them less dependent upon government assistance. Ms. Walkley indicated that several of their current programs are at risk for funding reductions from the State and Federal governments and this makes County funding essential for these programs to function. Keith Hoffman, Supervisor of Service Intake at the Department of Social Services, discussed with the Commissioners how FEBRUARY 6, 1996 PAGE TWO CAC interacts with DSS on various programs. Barbara Darren and Heather Jones, who use programs offered by CAC, told the Commissioners their stories as to how the CAC helped to change their lives. MISS MARYLAND SCHOLARSHIP PAGEANT David Jones, President-Elect of the Miss Maryland Scholarship Pageant Executive Board, as well as Board members Ed Dorsey and Lyn Shindle, met with the Commissioners to provide information about the Pageant and its contributions to Washington County. Mr. Jones stated that 1996 will be the 25th anniversary of the Pageant held in Washington County. Mr. Dorsey read the Miss America/Miss Maryland Mission Statement and furnished information on the Pageant and its history. He also provided information on the scholarship opportunities. Mr. Dorsey outlined tentative activities to be held during Pageant Week in recognition of the 25th anniversary. Tammy Wyatt, Miss Maryland 1992, spoke to the Commissioners about her experiences as Miss Maryland and the opportunities it provided to her. Mr. Jones reviewed budget information and estimated that it will cost the County an estimated $12,800 to provide funds for rental of the Maryland Theatre, transportation, and co-sponsorship of the opening ceremony and Parent's Day luncheon. The Commissioners thanked the Pageant representatives for the presentation. ADOPTION OF RESOLUTION - WASHINGTON COUNTY PUBLIC IMPROVEMENT BONDS OF 1996 Timmy Ruppersberger, Bond Counsel from Eastwick, Rose & Wright, and Paul Heid, County Financial Consultant, met with the Commissioners regarding adoption of a Resolution for the Public Improvement Bonds of 1996 in the amount of $8,000,000. Ms. Ruppersberger stated that the bond funds will be used for capital projects, school projects, water and sewer projects, and road improvements. She stated that the sale of the bonds is scheduled for February 20, 1996. Motion made by Commissioner Wade, seconded by Shank, to approve the Resolution authorizing and empowering the County Commissioners of Washington County to issue and sell at public sale, upon its full faith and credit, its General Obligation bonds in the aggregate principal amount of $8,000,000 to be known as the "Washington County, Maryland Public Improvement Bonds of 1996". Unanimously approved. PUBLIC HEARING - ST. JAMES PARK SPECIAL TAXING DISTRICT The Commissioners convened the public hearing at 10:10 a.m. to allow citizens of Washington County to comment on the proposal to establish a special taxing district encompassing 443 acres of land located off the Sharpsburg Pike. Ms. Ruppersberger explained that, pursuant to legislation enacted in the General Assembly in the 1995 Session, Washington County became one of the counties authorized to create special taxing districts. Ms. Ruppersberger stated that the applicant intends to create a residential subdivision to be known as St. James Park on this land using the proceeds from the bonds to construct the subdivision. The bond will then be repaid through special assessments that would be levied against the properties in the taxing district. Ms. Ruppersberger assured the Commissioners that no debt or obligation would be incurred by the County and that it would not affect County tax rates. Commissioner Shank voiced concerns regarding an existing debt the developer has with the Water & Sewer Department. Bernie Cravath, partner in the project, asked that County representatives meet with him to resolve this issue. Mr. Cravath also stated that the adoption of a resolution by the County is only a procedural step to allow them to proceed to approach investors to finance the bonds. He indicated that this is a staged development and that they would be seeking $8 million in bond funds for the first phase. Paul Heid stated that the special taxing district would not have any bearing on County bond issues since it is not considered a general obligation of the County. The meeting was opened for public comment. Joseph Walker had questions regarding the unpaid obligation of the developer. Commissioner Snook stated that the record will remain open until February 9, 1996, to accept any written comments. The hearing was closed at 10:27 a.m. CITIZENS' PARTICIPATION Joe Walker had several questions about the Water & Sewer Department regarding an audit and the County's involvement in a legal issue. Ed Miller, Washington County's representative to the C & O Canal Park, informed the Commissioners that Mobil Oil Company has donated $100,000 to repair damages to the Canal during the recent flood. FEBRUARY 6, 1996 PAGE THREE Marcia Griffith, Miss Maryland 1995, appeared before the Commissioners to express her gratitude to them for their support of the Miss Maryland Scholarship Pageant. Donald Allensworth expressed his opposition to the legislation to exempt lands zoned industrial or commercial from the Forest Conservation Ordinance. Douglas Stine asked if the County is interested in purchasing his property on Kending Lane. The Commissioners asked Mr. Stine to meet with the Administrative Engineer regarding this matter. BID AWARD - WORKERS' COMPENSATION INSURANCE FOR VOLUNTEER FIRE & RESCUE ASSOCIATION Alan Davis, Director of Human Resources, and Annajean Bitner, Insurance & Safety Coordinator, met with the Commissioners regarding the bids received for Workers' Compensation coverage for the Volunteer Fire and Rescue Association. Ms. Bitner stated that bids were received from Wright-Gardner Insurance, through the Injured Workers' Insurance Fund, with a quoted premium of $82,988; and from Stine, Davis & Peck Insurance, through Selective Insurance Company, with a quoted premium of $83,500. Ms. Bitner stated that the Injured Worker's Fund currently has this coverage but their claim service has been very poor and that they are extremely slow in processing and paying claims. She stated that Selective Insurance Company's rates would be regulated by the Workers' Compensation Commission and would be more stable. They have been quick to respond and settle claims in the past. She recommended that the Commissioners award the bid to Selective Insurance even though it is not the low bid. After discussion, the Commissioners took this under consideration at this time. STREET ACCEPTANCE - SOUTH POINTE PUD Motion made by Commissioner Shank, seconded by Bowers, to accept 350 linear feet of Sunflower Drive and cul-de-sac located in the South Pointe PUD, with a 2-year maintenance bond of $4,000 required from the developer and an additional performance bond of $10,000 from the paving contractor. Unanimously approved. MONROE ROAD BRIDGE - DEED ACCEPTANCE Motion made by Commissioner Bowers, seconded by Shank, to accept a deed from the Town of Boonsboro for land needed to complete the Monroe Road Bridge Project. Unanimously approved. APPROVAL OF AMENDED INVESTMENT POLICY Motion made by Commissioner Downey, seconded by Wade, to approve the Investment Policy as amended to include a new Section IX "Safekeeping and Custody" as presented by the Director of Finance. Unanimously approved. (Amended Resolution attached.) CONFERENCE CALL - UPDATE ON LEGISLATIVE REQUESTS - DELEGATE JOHN DONOGHUE Delegate John Donoghue spoke with the Commissioners on a conference call to provide an update on Washington County's legislative requests. Delegate Donoghue stated that the hearing on House Bill 300, Vehicle Emissions Testing, will be held today at 1:00 p.m.. The request on Child Support Enforcement has been assigned to the Appropriations Committee and will be heard on February 15. He informed them that the Water & Sewer bill will be filed tomorrow, and the City of Hagerstown's request for an increase in the hotel/motel tax will be discussed by the Delegation tomorrow. Delegate Donoghue provided other updates on legislative requests and agreed to fax the gaming bill amendments. He agreed to try to schedule a meeting for tomorrow to continue discussions on the gaming bill. APPOINTMENTS - SOLID WASTE ADVISORY COMMISSION Motion made by Commissioner Bowers, seconded by Wade, to appoint Joseph Swope and Lori Talley to the Solid Waste Advisory Commission for three year terms. Unanimously approved. REAPPOINTMENTS - MID-MARYLAND EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL Motion made by Commissioner Shank, seconded by Bowers, to reappoint the following individuals to the Region II EMS Council of MMEMSAC: Charles Bowler, Jr., Robert Becker, Thomas Bikle, TFC John Sexton, Blaine Snyder, and Wayne Williams, for three year terms. Unanimously approved. REAPPOINTMENT - PLUMBING BOARD Motion made by Commissioner Shank, seconded by Bowers, to reappoint Charles Semler to the Plumbing Board for a three year term. Unanimously approved. FEBRUARY 6, 1996 PAGE FOUR HANCOCK RESCUE SQUAD - AUTHORIZATION TO ENTER INTO LEASE AGREEMENT The Commissioners discussed the request made by the Hancock Rescue Squad to enter into a lease/purchase agreement with Comvest Limited, Inc. for a 1996 chassis to refurbish the squad unit. Richard Douglas, County Attorney, informed the Commissioners that, pursuant to Section 147(f) of the Internal Revenue Code of 1986. The lease requires the approval of the Chief Governing Officer of the County. It involves no Couinty liabilities. The Commissioners took this under advisement at this time. AMENDMENT TO PUBLIC INFORMATION POLICY - SEARCH FEE Motion made by Commissioner Shank, seconded by Wade, to amend Washington County's policy under the Public Information Act in order to comply with the Annotated Code of Maryland, Section 10-621(b) to charge the established search fee of $35 per hour only after the first two hours of time. Copies will be charged at $.25 per copy. Unanimously approved. RESOLUTIONS - MILA AND MICRF LOANS - NEWGATE INDUSTRIAL PARK Motion made by Commissioner Downey, seconded by Wade, to approve the Resolution to approve a $1,181,250 MILA loan for the Hopewell Road project and a $818,750 MICRF loan from the Department of Business and Economic Development for the Hopewell Road area, with the changes proposed by the Attorney General's Office, and to approve an Agreement and Declaration of Covenants between CHIEF and the Board of County Commissioners, as presented by the County Attorney. Unanimously approved. EXTENSION SERVICE REQUEST Motion made by Commissioner Shank, seconded by Wade, to approve the request made by the Director of the Extension Service to allow them to hire a part-time employee with the $5,094 remaining from the salary of Norris Diefenderfer, who retired effective January 31, 1996. Unanimously approved. LRA EXECUTIVE BOARD - APPOINTMENT Motion made by Commissioner Shank, seconded by Wade, to uphold their previous decision not to appoint Herb Meininger as an ex officio member of the LRA Executive Committee. Unanimously approved. Motion made by Commissioner Bowers, seconded by Wade, to appoint Joanne Hersh to the LRA Executive Committee for Ft. Ritchie. Unanimously approved. ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the Election Board will be leasing space at the Water & Sewer Department to store voting machines and for training seminars. Mr. Shoop advised the Commissioners that the workshop meeting scheduled for Thursday with the Planning Commission has been cancelled. The Commissioners decided to meet at 8:00 a.m. next Tuesday, February 13. RECESS The Commissioners recessed for lunch at 11:44 a.m. AFTERNOON SESSION The Afternoon Session was convened at 1:00 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. MEETING WITH BOARD OF EDUCATION The Commissioners met with Board of Education members Thomas Berry, Dori Nipps, Janice Cirincione, B. Marie Byers, and Robert Kline, to discuss a cash flow problem which may occur with the scheduled operating distributions. Also present were Dr. Wayne Gersen, Superintendent of Schools; James Lemmert, Assistant Superintendent; and David Brandenburg, Supervisor of Accounting. Rodney Shoop, County Administrator, reviewed a plan for funding the Board of Education for the remainder of the fiscal year. Mr. Shoop stated that the problem may occur with the May 16 distribution request of $4,300,000. He explained that the County may not have the available funds to meet this disbursement due to the timing of the income tax distribution from the State to the County, which would occur approximately two weeks later. He stated that the County could pay $1,400,000 to the Board of Education on May 16 and $2,900,000 on May 31. Mr. Brandenburg explained that the FEBRUARY 6, 1996 PAGE FIVE entire $4,300,000 is needed on May 16th to meet payroll and other expenses. The Commissioners considered the possibility of having the Board of Education cash in an investment from its surplus health insurance fund to carry them over during the two-week period. The County would then reimburse the Board and include the interest earnings they would lose during that time. Debra Bastian, Director of Finance, explained that the County has no investments or Certificates of Deposit to cash in after April 1. The Board of Education members expressed concern about using this fund even though the Commissioners agreed to reimburse them. Bill Greenwald, representing the Teachers' Association stated that since the employee groups are partners in this fund, it would also have to be authorized by the officials from these associations. Commissioner Wade suggested that staff members for both organizations meet to see if they can get the allocation down to a smaller number for the May 16 disbursement request. He stated that the Commissioners will discuss other alternatives later today. It was also agreed to arrange a schedule of the timing of County investments to coincide with the Board of Education's requests for its larger disbursements and to try to develop a long-term solution to the funding problem. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in Closed Session at 2:14 p.m., with regard to personnel matters, to consider businesses relocating in Washington County, and to consult with the County Attorney on legal matters, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Bowers was excused from the Meeting at 3:15 p.m. RECONVENE IN REGULAR SESSION Motion made by Commissioner Wade, seconded by Shank, to reconvene in Regular Session at 4:14 p.m. Unanimously approved. In Closed Session the Commissioners discussed six (6) personnel matters, three (3) economic development and land matters, and consulted with the County Attorney on four (4) legal matters. RESCIND LETTER OF RESIGNATION - GEORGE GROSS Motion made by Commissioner Shank, seconded by Wade, to allow George Gross, Director of the Water & Sewer Operations, to rescind his letter of resignation, with the condition that he will reimburse the County for any costs incurred in advertising to fill this position if he leaves County employment within the next two years. Unanimously approved. EMPLOY - PART-TIME BUS DRIVERS Motion made by Commissioner Downey, seconded by Wade, to employ Nancy Bell, Barbara Wells, and Austin McLaughlin as part-time bus drivers at the County Commuter on an as-needed basis to fill existing vacancies. Unanimously approved. DISCUSSION - BOARD OF EDUCATION DISBURSEMENT The Commissioners continued their discussions regarding the May 16 disbursement request of $4,300,000 from the Board of Education. Commissioner Wade recommended that the financial staffs from both groups meet to lower the amount needed at that time and that the County borrow the funds, if necessary, to meet this disbursement. The Commissioners agreed with Commissioner Wade's suggestion and also directed that the Board of Education "zero" out its budget at the end of the fiscal year and return the excess amount to the County's General Fund. The Commissioners asked Mr. Shoop to relay this to Dr. Gersen. SEWAGE SLUDGE PERMIT APPLICATION The Commissioners discussed a Sewage Sludge Permit renewal to transport sludge from the MCI treatment plant to the Resh Road landfill. CITY OF HAGERSTOWN'S REQUEST TO INCREASE HOTEL/MOTEL TAX It was the consensus of the Commissioners not to support the City of Hagerstown's request for legislation to increase the hotel/motel tax by one- half percent. The Commissioners agreed that, if the City would reduce the rent for office space for the Convention and Visitors Bureau, they could use these funds for Civil War promotions. FEBRUARY 6, 1996 PAGE SIX REQUEST FOR AMENDMENT OF GAMING LEGISLATION The Commissioners agreed to request the Delegation to the General Assembly to amend the Gaming Legislation to delete the provision to allow private clubs to count in-kind services as five percent (5%) of their contribution, as well as their decision to to use gross profits rather than net profits for calculation purposes, and to request that the clubs retain $35 rather than $45 from the tip jar profits. The Commissioners reiterated that their main priority is the deletion of Section 2. They also suggested that the some percentage should be provided to fire and rescue companies from the portion donated to charity from the private clubs. ADJOURNMENT Motion made by Commissioner Downey, seconded by Wade, to adjourn at 4:28 p.m. Unanimously approved. County Administrator County Attorney Clerk