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HomeMy WebLinkAbout960625 June 25, 1996 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 11:00 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. PLEDGE OF ALLEGIANCE The Commissioners opened the meeting with the Pledge of Allegiance to the Flag by the full assemblage. ECONOMIC DEVELOPMENT WORKSHOP The Commissioners met with Blue Ribbon Panel members Dr. Robert Cirincione, Merle Elliott, James Latimer, Philip Rohrer, Gary Wright, Woody Hawbecker, and Alan Davis, to discuss their recommendation for the reorganization of the Economic Development Commission (EDC). Commissioner Snook briefly reviewed the goals and objectives presented in the report from the Panel. Mr. Elliott stated that the major difference in the current EDC structure and what has been proposed by the Panel is the establishment of an Economic Development Authority which would have the authority to hire, fire, and supervise the executive director and staff. He said that the proposed Authority would be comprised of nine members which would be a more workable size. Gary Wright stated that the Panel discussed contracting the staff through the County but they would be supervised by the Director. Commissioners Bowers and Wade expressed concerns that the Economic Development Authority and staff would be funded by the County, but that the Commissioners would have no authority over how funds are utilized or how the operation is administered. Mr. Elliott suggested that a layer of final review by the Commissioners could be established. He also indicated that the Commissioners would have final authority by withdrawing County funding to the Authority. The discussion then focused on whether the County should allow the Authority the power to hire and fire the staff. Mr. Elliott stated that the Commissioners could include conditions in the resolution that they must approve the goals and objectives presented to them each year by the Economic Development Authority as well as concurring or not with the Authority's recommendation for employment of the Executive Director. The Commissioners then discussed the Panel's recommendation for membership on the Authority. Commissioner Snook asked that the structure be modified to provide that the County Commissioners be given four appointments and the Chamber of Commerce two appointments. Both groups agreed that elected officials should not serve on the Authority other than as non-voting, ex- officio members. Also discussed was the role of the City of Hagerstown. Commissioner Snook stated that the City has agreed to continue to be responsible for the commercial development of the downtown area. Phillip Rohrer discussed the framework and responsibilities of the Authority and how he feels the staff will interact with County departments. The Panel members suggested that the Authority's members be appointed prior to developing a job description for the position of Executive Director or formulating the by-laws. Motion made by Commissioner Shank, seconded by Downey, to proceed with the recommendation, as presented by the Blue Ribbon Panel, to establish an Economic Development Authority, to authorize the Authority to an hire an Executive Director with the concurrence of the Commissioners and allow the Executive Director to hire and supervise staff, and to amend the membership structure to provide for four appointments to the Authority by the County Commissioners. Motion made by Commissioner Bowers, seconded by Wade, to amend the main motion to include that the Executive Director as a County department head, answerable to the County Administrator, in working with the Economic Development Authority. The Main Motion, as amended, was denied with Commissioners Bowers and Wade voting "AYE" and Commissioners Shank, Downey, and Snook voting "NO." The Main Motion carried with Commissioners Shank, Downey, and Snook voting "AYE" and Commissioners Bowers and Wade voting "NO." Commissioner Wade and Commissioner Bowers expressed their concern that a volunteer board would be granted that much authority. RECESS - LUNCH AND TOUR OF "E" POD The Commissioners recessed at 12:33 p.m. for lunch and to tour "E" Pod at the Detention Center. Commissioner Bowers was excused from the Meeting at this time. JUNE 25, 1996 PAGE TWO AFTERNOON SESSION The Afternoon Session was convened at 2:25 p.m. by the President, Gregory Snook with the following members present: Vice President, John S. Shank, and Commissioners R. Lee Downey, and James R. Wade. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he reviewed the County's Web page which is being developed by the Washington County Free Library. He stated that they expect to be on the Internet by July with the County having access by mid-September. Mr. Shoop reminded the Commissioners of the July 11 breakfast meeting with Governor Glendening which is being sponsored by the Greater Hagerstown Committee. The Commissioners asked Mr. Shoop to send a letter to the Water & Sewer Advisory Commission asking them whether they wish for the Commissioners to appoint two additional members to the Commission or form a sub-committee to work with them. The Commissioners expressed the opinion that the Water & Sewer Advisory Commission is the appropriate body to make the decision regarding Mrs. Stewart's appeal for a reduction in her water bill under the leakage policy. Mrs. Stewart provided information during Citizens Participation several weeks ago. The Commissioners asked that the Advisory Commission review this information. Mr. Shoop reminded the Commissioners of the forum to be held July 24th with the Attorney General regarding crime initiatives. LETTER OF AUTHORIZATION - HAGERSTOWN HOUSING AUTHORITY Motion made by Commissioner Wade, seconded by Downey, to provide a letter authorizing the Hagerstown Housing Authority to have access to the financial records of the Washington County Housing Authority pursuant to a confidentiality and non-disclosure agreement. Unanimously approved. APPROVAL OF OVERLAY CONTRACT - C. WILLIAM HETZER, INC. Motion made by Commissioner Shank, seconded by Downey, to approve the contract for overlay of County roads with C. William Hetzer, Inc., as presented by the County Attorney. Unanimously approved. REAPPOINTMENT - WATER & SEWER ADVISORY COMMISSION Motion made by Commissioner Shank, seconded by Wade, to reappoint Joseph Robeson and Russell Weaver to the Water & Sewer Advisory Commission for three- year terms. Unanimously approved. APPOINTMENT - FACILITIES DESIGN REVIEW COMMITTEE Motion made by Commissioner Shank, seconded by Wade, to appoint Jack Barr to the Facilities Design Review Committee. Unanimously approved. BUDGET TRANSFER - HOUSING & COMMUNITY DEVELOPMENT Motion made by Commissioner Downey, seconded by Shank, to approve the following budget transfers requested by Housing & Community Development to cover cost overruns on temporary wages: $1,661.75 from Account 01-5-0211-412-000 to Account 01-5-0213-687-000; $4,300 from Account 01-5-0211-404-000 to Account 01- 5-0211-524-000; $4,300 from Account 01-5-0211-412-000 to Account 01-5-0213-543- 000; and $10,000 from Account 01-5-0211-412-000 to Account 01-5-0211-524-000. Unanimously approved. BUDGET TRANSFER - COMPUTER INFORMATION SERVICES Motion made by Commissioner Shank, seconded by Wade, to transfer $3,140 from Account 01-5-0135-542-020 to Account 01-5-0135-687-000 as requested by Computer Information Systems to purchase a laser printer with network interface. Unanimously approved. INSPECTION & MAINTENANCE AGREEMENT - PRIVATE STORMWATER MANAGEMENT FACILITIES Motion made by Commissioner Downey, seconded by Wade, to approve the Inspection and Maintenance Agreement of Private Stormwater Management Facilities with Divot Realty for property located at 9449 Earley Drive as presented by the County Attorney. Unanimously approved. JUNE 25, 1996 PAGE THREE DISCUSSION OF ECONOMIC DEVELOPMENT AUTHORITY DECISION Commissioner Wade expressed his concerns about giving responsibility for economic development to citizens who have no accountability to County government. Commissioner Snook stated that the Commissioners will watch closely and address any flaws in the structure at that time, and he felt they should move forward to put a plan in place. Commissioner Shank said that the Commissioners will have to approve the Authority's proposed work plan. Commissioner Bowers returned to the meeting at 3:02 p.m. ALLOCATION OF FIRE & RESCUE STATE GRANT FUNDS Motion made by Commissioner Shank, seconded by Bowers, to distribute the 1996 allocation of Fire & Rescue State Grant funds equally based on the number of volunteer companies in the County and the City of Hagerstown. Unanimously approved. The Commissioners asked that the Emergency Services Council review the two methods of allocation and make a recommendation to them for the 1997 allocation. CONVENE IN CLOSED SESSION Motion made by Commissioner Bowers, seconded by Downey, to convene in Closed Session at 3:22 p.m., to consider personnel matters, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Shank, seconded by Bowers, to reconvene in Regular Session at 3:43 p.m. Unanimously approved. In Closed Session the Commissioners discussed eight (8) personnel matters. PART-TIME CIRCUIT COURT STANDING MASTER POSITION Motion made by Commissioner Downey, seconded by Shank, to authorize the creation of the position of Circuit Court Master, contingent upon the provision of State grant funding. Unanimously approved. DEFINITION OF GROSS PROFIT - GAMING COMMISSION LEGISLATION Junior Cunningham, President of the Washington County Club Association, met with the Commissioners to ask that they consider changing the definition of "gross profits" in the gaming law to include a deduction for the cost of the jar. Richard Douglas, County Attorney, explained to Mr. Cunningham that the County is bound by the unambiguous definition of the term contained in Maryland Code, Article 27, Section 255C. He asked that the Commissioners make a request to the Delegation to the General Assembly to change the definition in the next legislative session. The Commissioners also advised Mr. Cunningham to meet with the Gaming Commission to develop a definition for "in-kind services" within the next 30 days. Mr. Cunningham also distributed copies of the monthly Club Association Report Form. He pointed out that the form was amended to include volunteer hours donated each month. He also stated that members of the Association have initiated rental charges for use of their rooms for meetings. EMPLOYMENT - PART-TIME WEED CONTROL COORDINATOR AND FULL-TIME CUSTODIAN I/FLOATER Motion made by Commissioner Downey, seconded by Bowers, to employ Phillip Pannill as Part-time Weed Control Coordinator and to employ Mary Robino as Full-time Custodian I/Floater, to fill existing vacancies. Unanimously approved. BID AWARD - COMPREHENSIVE REDEVELOPMENT PLAN FOR FT. RITCHIE LRA Karen Luther, Purchasing Agent, and Robert Sweeney, Executive Director for Ft. Ritchie, met with the Commissioners to review the bid proposals for a Comprehensive Redevelopment Plan which will produce an outline of the preferred uses for Ft. Ritchie along with alternative uses. Ms. Luther and Mr. Sweeney provided information on the firms interviewed and the reasons for not choosing the firm submitting the low bid. Mr. Sweeney stated that the Executive Council is recommending Sasaki Associates, Inc., who submitted the next low bid. He stated that he has received verbal approval for OEA grant funding for the JUNE 25, 1996 PAGE FOUR Redevelopment Plan, which will require a 25% match. Motion made by Commissioner Bowers, seconded by Shank, to award the bid for the Comprehensive Redevelopment Plan for Ft. Ritchie to Sasaki Associates, Inc. in the amount of $428,000 contingent upon OEA approval and funding. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in Closed Session at 4:41 p.m., to consider personnel matters, to consult with counsel regarding legal issues, and to consider businesses relocating to Washington County, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Shank, seconded by Wade, to reconvene in Regular Session at 5:16 p.m. Unanimously approved. In Closed Session the Commissioners discussed three (3) economic development and property matters and one (1) legal issue. EVENING SESSION The Evening Session of the Board of County Commissioners of Washington County was called to order at 7:00 p.m. at the Keedysville Town Hall 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 The Invocation was delivered by Commissioner Snook. APPROVAL OF MINUTES - JUNE 10, 11, AND 18, 1996 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of June 20, 11, and 18, 1996, as corrected. Unanimously approved. CITIZENS PARTICIPATION Karen Suranno presented a petition to the Commissioners regarding the road conditions on Halifax Drive. Thomas Clemens had several questions regarding the development proposed for Dogstreet Road, the moratorium on sewer hook-ups which he stated were granted without a detailed plan, and the jurisdiction of the portion of Dogstreet Road located within the Town of Keedysville. The Commissioners agreed to check into these matters. Joe Swope stated that he feels the Commissioners should hold more evening meetings in the community. He also stated that he opposes the Commissioners meeting in closed session for economic development matters. Mr. Swope also voiced his opinion regarding the proposal for a one percent increase in sales tax and his support of impact fees. Mary Barger voiced complaints regarding water problems on her property. The Commissioners agreed to check into this matter. Mayor Taylor, along with several citizens from the Town of Keedysville, expressed concerns regarding the safety of Red Hill Road. He stated that he feels the road should be widened. Several citizens also cited incidents of drivers using excessive speed on this road. Kathleen Riley asked the Commissioners to consider using disincentives to help discourage development in rural areas. Betty Markle expressed her concerns regarding the development on Dogstreet Road and asked that a hydro-geological study be required prior to development. CDBG RESOLUTION - STAPLES Motion made by Commissioner Bowers, seconded by Shank, to submit an application to the State for a Community Development Block Grant in the amount of $1,600,000 for property acquisition for the Staples Distribution Center project, as heard at public hearing on June 18, 1996. Unanimously approved. JUNE 25, 1996 PAGE FIVE REORGANIZATION OF METROPOLITAN PLANNING ORGANIZATION (MPO) Robert Arch, Director of Planning & Community Development, presented a Memorandum of Understanding for the Board's approval. Mr. Arch stated that the Memorandum provides for the reorganization of the Hagerstown Urbanized Area Metropolitan Planning Organization (MPO) into the Hagerstown/Eastern Panhandle Metropolitan Planning Organization. He explained that this document would establish the framework for the new organization and outlines representation on the Interstate Council. Motion made by Commissioner Shank, seconded by Wade, to approve the Memorandum of Understanding for the reorganization of Hagerstown Urbanized Area Metropolitan Planning Organization (MPO) into the Hagerstown/Eastern Panhandle Metropolitan Planning Organization as presented. Unanimously approved. NOTIFICATION OF FEES FOR SEDIMENT CONTROL John Shank, II, Chairman of the Washington County Soil Conservation District, and Elmer Weibley, District Manager, met with the Commissioners to present a proposal for review and approval of a fee schedule for sediment and erosion control and stormwater management pond plans. Mr. Weibley reviewed the fees proposed. He stated that the funds would be used to hire a full-time sediment and erosion control plan reviewer and to obtain the equipment needed. Motion made by Commissioner Downey, seconded by Wade, to approve the fee schedule for sediment and erosion control and stormwater management pond plans as proposed by the Washington County Soil Conservation District. Unanimously approved. BID AWARD - PUBLIC OFFICIALS LIABILITY INSURANCE Motion made by Commissioner Wade, seconded by Shank, to award the bid for the Public Officials Liability Insurance to Frederick Underwriters who submitted the low bid of $17,036. Unanimously approved. CERTIFICATE OF NEEDS FOR HOSPICE IN WASHINGTON COUNTY Bob Rauch, Executive Director of Hospice of Washington County, informed the Commissioners that the Maryland Health Resources Planning Commission has received Certificate of Need (CON) applications for three home health agencies to provide general hospice services in Washington County. Mr. Rauch stated that his organization opposes the provision of CONs to these agencies. He informed the Commissioners that he has met with the Advisory Commission to the Board of Health and that Dr. Gist, Chairman of the Advisory Commission, will be requesting that the Commissioners send a letter similar to the one they sent in opposition to CONs for home health services. The Commissioners took this matter under advisement until they can receive Dr. Gist's letter. APPROVAL OF ST. JAMES PARK TAXING DISTRICT Richard Douglas, County Attorney, presented a Resolution which establishes a for the St. James Park development. The creation of this district would allow the developer to levy a special tax on the property which would be assessed on the tax bill of those residents only. The proceeds would be placed into a special fund for the taxing district. Mr. Douglas stated that Continental Investment Corporation plans to issue special obligation bonds in an amount up to $8 million for the sole use of providing infrastructure improvements necessary to bring the development up to County standards. The funds from the will then be applied to payment of the bonds. Mr. Douglas noted that a public hearing was held on this request on February 6, 1996. Motion made by Commissioner Bowers, seconded by Downey, to approve the Resolution designating a special taxing district in Washington County to be known as the St. James Park , and providing for the levy of a special tax on property within the taxing district. Motion carried with Commissioners Bowers, Downey, Shank, and Snook voting "AYE" and Commissioner Wade voting "NO." INCREASE IN FEES - REGIONAL AIRPORT Motion made by Commissioner Bowers, seconded by Shank, to adopt the increases proposed in current charges, rentals, and fees at the Washington County Regional Airport as heard at the public hearing held on June 18, 1996. Unanimously approved.