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HomeMy WebLinkAbout970923 September 23, 1997 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, 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. APPROVAL OF MINUTES - SEPTEMBER 15 & 169, 1997 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of September 15 and 16, 1997, as submitted. Unanimously approved. RESOLUTION OF APPRECIATION - FRANK ARTZ & FAMILY AND LARRY ARTZ & FAMILY Commissioner Downey presented a Resolution of Appreciation to Larry Artz and family and Commissioner Shank presented a Resolution to Frank Artz and family to extend their appreciation to them for allowing their historic farm land to be used for the 135th commemorative re-enactment of the Battle of Antietam. Through the generosity of these families, spectators from all 50 states and 15 foreign countries were hosted for the re-enactment. The Commissioners commended them for their assistance in making this event such a success.  COMMISSIONERS REPORTS AND COMMENTS  Commissioner Bowers commented on the Grand Jurys report and suggested that the Commissioners meet with the Foreman of the Grand Jury to clarify certain matters contained in their report. He also asked if the Parks Department was  scheduled to make improvements at the site of the veterans memorial at Martin Snook Park. The Commissioners asked that the Director of Recreation & Parks make a presentation to them on what the project entails. Commissioner Downey reported on the breakfast meeting sponsored by the Maryland Citizens for Responsible Government which was held at Fort Ritchie and on the Local Management Board meeting. Commissioner Wade reported on the Municipal League meeting. Commissioner Shank reported on the Historical Society meeting. He stated that he has received complaints on the design of the intersection of Dogstreet Road and Red Hill Road and asked that the appropriate departments look into this matter. Commissioner Snook reported that the Maryland Department of the Environment has issued a water permit for the Fahrney-Keedy Retirement Home. He also announced that the Tri-County Council will sponsor the Commissioners who wish to attend the Appalachian Export Summit. PUBLIC HEARING - BUILDING AND MECHANICAL CODES Ordinance Repealing 1993 BOCA National Building Code with Amendments and Enacting the BOCA National Building Code, 1996, 13th Edition, with Local Amendments Paul Prodonovich, Director of Permits & Inspections, and Randy Dick, Deputy Director, reviewed the code and amendments and the proposed fee schedules for plan examination, building permit and inspection. At this time, Commissioner Snook opened the meeting for public comments. There was no one present who wished to testify. Ordinance to Repeal the 1992 CABO One and Two Family Dwelling Code and to Enact the 1995 First Printing of the CABO One and Two Family Dwelling Code with Local Amendments of Washington County Mr. Prodonovich and Mr. Dick reviewed the CABO One and Two Family Dwelling Code and the changes being made. There was no one present who wished to testify when the hearing was opened for public comment. SEPTEMBER 23, 1997 PAGE TWO An Ordinance to Repeal the 1993 BOCA National Mechanical Code, Eighth Edition, And to Enact the 1996 International Mechanical Code, First Printing, with Local Amendments for Washington County Mr. Prodonovich and Mr. Dick reviewed the International Mechanical Code which they are proposing and a proposed fee scheduled which they are proposing for adoption. There was no one present who wished to testify during this portion of the hearing. Ordinance Repealing the 1993 BOCA National Plumbing Code with Amendments and Enacting the 1997 International Plumbing Code with Local Amendments for Washington County Mr. Prodonovich and Mr. Dick reviewed the International Plumbing Code and the local amendments they are proposing for adoption. There was no one present who wished to testify during this portion of the hearing. Proposed Electrical Fee Schedule Mr. Prodonovich reviewed the fee schedule proposed for electrical fees. He stated that the schedule has not been amended since 1973. At this time, Commissioner Snook opened the meeting for public testimony. Taylor Oliver stated that he is concerned with the percentage increase in the proposed fees. He asked that the fees be phased in over a three-year period. James Elliott, member of the Board of Examiners and Supervisors for Electricians, expressed concerns that the increase is too high and asked the Commissioners to delay approving the new schedule until the Board has had an opportunity to review it and make a recommendation. The Commissioners asked that the Electrical Board hold a special meeting to review the proposed fees and make a recommendation. The hearing was closed at this time and Commissioner Snook announced that the record will remain open for ten (l0) days to allow additional submissions in writing. UPDATE - WATER & SEWER FINANCIAL PLAN Clarence Scheer, Chairman of the Water & Sewer Advisory Commission, and Debra Bastian, Director of the Budget & Finance Department, met with the Commissioners to provide an update on financing options that the Water & Sewer Finance Committee is currently considering. Also present at the meeting were Commission members Bonnie Parks and Mike Armel. Mr. Scheer asked for the  Commissioners approval to contract with a financial advisor with expertise in utility financing. He stated that this would allow them to see if there are benefits in restructuring the debt repayment, staggering future debt repayment and borrowing requirements, and setting longer terms for future debt. Ms. Bastian stated that costs for this could be transferred through the CIP budget. After discussion from the Commissioners, they agreed to obtain price quotations from a financial advisor. They asked that the Water & Sewer Advisory Committee have a recommendation back to them in 60-90 days. Motion made by Commissioner Wade, seconded by Bowers, to allow the Water & Sewer Advisory Committee to obtain cost estimates from financial advisors with expertise in utility financing regarding the possible restructuring of debt repayment and future debt for the Water & Sewer Department. Unanimously approved. PROPOSED CHANGES TO GAMING LAW Sue Tuckwell, Chair of the Gaming Commission, and Kathy Sterling, Gaming Coordinator, met with the Commissioners to present their recommendations for potential changes to the gaming law governing tip jars in Washington County. Also present were Gaming Commission members Clarence Scheer, Donald McKendrick, and Fred Rohrer. Ms. Tuckwell stated that the Gaming Commission  is recommending the following changes: 1) eliminate in-kind contributions SEPTEMBER 23, 1997 PAGE THREE and require the clubs to pay a flat fifteen percent (15%) of the gross profits in cash to the Gaming Fund; 2) extend the term limits for Commission members to four (4) years from the present two (2) years; 3) allow members who serve on the board of directors of a nonprofit organization (501c3) to serve on the  Gaming Commission, provided that the members organization does not apply for distributions from the Gaming Funds; and 4) repeal the sunset clause which would automatically repeal the law on June 30, 1999. The Commissioners reviewed each request with the Commission members. Motion made by Commissioner Wade, seconded by Bowers, to recommend the proposed amendments to the gaming law to the Washington County Delegation to  the General Assembly as part of the Countys legislative package for 1998. Unanimously approved.  CITIZENS PARTICIPATION Don Allensworth spoke to the Commissioners regarding annexation procedures and  the possible use of State funding to assist in the resolution of the Countys sewer debt. RECESS - RIBBON CUTTING FOR ROBINWOOD DRIVE AND LUNCH The Commissioners recessed at 10:54 a.m. in order to attend the ribbon cutting for the intersection improvements at Robinwood Drive and Mt. Aetna Road and for lunch. AFTERNOON SESSION The Afternoon Session was called to order at 12:30 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. BOARD OF EDUCATION - CIP FUNDING Marie Byers, President of the Board of Education, and Robert Kline, Vice President, met with the Commissioners with regard to their request for advance funding for the South High renovation project. Also present were Board members Edwin Hayes, Dori Nipps, and Andrew Humphreys; Interim Superintendent, Linda Barkdoll; and Director of Facilities Management, Dennis McGee. Ms. Byers discussed the importance of advancing $1 million for Phase I of the South High project to allow them to leverage an additional $7.4 million in State funds. She indicated that an additional $500,000 would be needed from the County in fiscal year 1999 and $500,000 in fiscal year 2000. Mr. Kline  indicated that this would save $250,000 with the States participation in the project. Commissioner Wade stated that he would support this proposal if the Board of Education will agree to develop a three-year operating budget to be  presented next year with the Countys support. Ms. Byers stated that she would like to schedule a work session with the Commissioners in order to share the findings of the curriculum audit. She also indicated that, because of salary negotiations with the teachers, it may be difficult to develop a realistic plan. Commissioner Bowers suggested that the County give the Board of Education $750,000 from the surplus funds to allow them to proceed with projects which may be been delayed due to the South High project. The Commissioners agreed to support this proposal, provided that both Boards work together to present a three-year operating budget to meet the educational needs of the community. Ms. Nipps stated that they would have to request permission from the State for this amendment. The group discussed the proposal made by Commissioner Bowers. The Commissioners asked Debra Bastian, Director of Finance, to make a recommendation to them as to whether this funding should be taken from the CIP reserves or cash reserves. Motion made by Commissioner Wade, seconded by Bowers, to provide $750,000 to SEPTEMBER 23, 1997 PAGE FOUR  the Board of Education for Capital Improvements Projects from the Countys fiscal year 1997 surplus funds which, when added to the $250,000 in Board of Education savings, will total $1,000,000 of additional funding for the South High renovation project. The funding is contingent upon the Board of Education working cooperatively with the Commissioners to approve a three-year operating budget plan designed to meet educational needs and recognize the restrictions of the County, which will be jointly presented to the public during budget hearings in 1998. Unanimously approved. LOCAL MANAGEMENT BOARD (LMB) - FAMILY PRESERVATION PLAN Tamara Puffenberger, Co-Chair of the Steering Committee for the Family Preservation Project, introduced the members of the Steering Committee. She stated that the Local Management Board (LMB) contracted with the Center for Community Healthcare Strategies (CCHS) to conduct a comprehensive study of family preservation and support services for the City of Hagerstown. She introduced Phil Shenk of CCHS who provided information on the process used for the community assessment. Mr. Shenk stated that they attempted to determine what the residents of Hagerstown believe are the positive and negative factors in the community, areas in which improvement is needed. The study was undertaken through interviews and telephone surveys. Michael Hardy, Chairman of the LMB, stated that they hope to use the study to make a proposal to the State for grant funding. He stated that they will be coming to the Commissioners in October with a proposal to implement the plan and get their approval to submit this plan to the State. Commissioner Snook thanked the Steering Committee for their involvement with the study.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the meeting of the Western Maryland County Commissioners will be held October 3 at Woodmont. He informed the Commissioners that tentative schedules for presentations for the FY 1999 budget have been distributed and the budget hearing is scheduled for April 23 at this time. Mr. Shoop reminded the Commissioners that the County picnic is scheduled for September 27. CHANGE ORDER - AIRPORT SHELL BUILDING Mr. Shoop presented a change order in the amount of $88,425 for installation of a 28-gauge linear panel on the roof and walls of the shell building at the Regional Airport to keep the fire-retardant material from flaking off into the building. The Commissioners had several questions regarding the warranty on  the material and the contractors responsibility for the problem. They requested an opinion from a third party expert regarding this request. COLD WEATHER HOMELESS PROGRAM Motion made by Commissioner Shank, seconded by Bowers, to provide $250 from  the Commissioners Contingency Line Item to the Washington County Cold Weather Homeless Program, a program of REACH, Inc., for the purchase of transportation vouchers for use in the shelter program. Unanimously approved. BUDGET TRANSFER - ROADS DEPARTMENT Motion made by Commissioner Shank, seconded by Wade, to approve the transfer of $48,000 from Fund Balance Reserves (20-4-0000-371-009) to Automotive and Road Equipment (20-5-1371-683), as requested by the Roads Department for vehicles which were ordered in fiscal year 1997 but delivered in fiscal year 1998. Unanimously approved. HEALTH DEPARTMENT - REQUEST FOR ADDITIONAL FUNDS Mr. Shoop informed the Commissioners that the Health Department has requested  an additional $333,000 from the Countys fiscal year 1997 surplus for the SEPTEMBER 23, 1997 PAGE FIVE purchase of vehicles and air-conditioning equipment. After discussion, it was the consensus of the Commissioners that funding requests be submitted during the normal budget process. Motion made by Commissioner Shank, seconded by Bowers, to deny the request made by the Health Department for additional funding in the amount of $333,000  from Washington Countys fiscal year 1997 surplus. Unanimously approved. REZONING CASE RZ-97-04 - APPLICANT - JOHN YOUNG Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ-97- 04, submitted by John Young, to rezone 1.85 acres from Agricultural to Business Transitional which was heard at public hearing on June 9, 1997. Commissioner Bowers and Commissioner Wade each indicated that, although they were not present at the public hearing, they have listened to the tape of the hearing and are familiar with the record and evidence presented. Motion made by Commissioner Shank, seconded by Bowers, to accept the definition of the neighborhood as described by the applicant. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Bowers, seconded by Downey, that there has been a substantial change in the character of the neighborhood, based upon the following: a) extension of sanitary sewer lines in the neighborhood, b) extension of public water lines in the neighborhood, c) increased traffic along Robinwood Drive, d) construction of Medical Campus Road and Yale Drive, e) improvements to Robinwood Drive, f) development of the Robinwood Medical Campus facility, g) approval of the proposed PUD for Manny Shaool, and h) the recent rezoning of nearby property owned by Triad, Inc. from Agricultural to Residential Suburban. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property for the following reasons: a) the location of the Urban Growth Area Boundary, b) development trends in the neighborhood, c) consideration of recommendations made on other individual map amendments in the neighborhood, d) compatibility of proposed zoning and existing land use along Robinwood Drive with the need to provide adequate buffers and transitional areas particularly to adjacent existing residential development, and e) consistency with the objectives of the Comprehensive Plan. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, based upon the previous motions, to grant rezoning request RZ-97-04 from Agricultural to Business Transitional. Unanimously approved. ADOPTION OF SOFTWARE COMPLIANCE POLICY AND INTERNET POLICY Alan Davis, Director of Human Resources, and Ronald Whitt, Director of Computer Information Systems, appeared before the Commissioners to present the proposed Software Compliance Policy and the Internet Policy. Richard Douglas, County Attorney, added that such policies provide some protection from liability. Motion made by Commissioner Wade, seconded by Bowers, to approve the Internet Policy as proposed. Unanimously approved. SEPTEMBER 23, 1997 PAGE SIX Motion made by Commissioner Bowers, seconded by Downey, to adopt the Software Compliance Policy as presented. Unanimously approved. ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION Beth Evans, Assistant County Attorney, reviewed the changes made to the Economic Development Commission Ordinance based on the comments made at the public hearing on August 19. John Howard, Director of the Economic Development Commission (EDC), spoke on behalf of Philip Rohrer, Chairman of the EDC, and asked that two amendments be made to the ordinance as proposed. After review, the Commissioners agreed to the changes. Motion made by Commissioner Shank, seconded by Wade, to adopt the Ordinance Establishing an Economic Development Commission, as amended. Unanimously approved. A copy of the Ordinance is attached. CONVENE IN CLOSED SESSION Motion made by Commissioner Shank, seconded by Wade, to convene in at 2:43 p.m. to consider personnel matters, to consult with counsel to obtain legal advice, and to 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 Bowers, seconded by Downey, to reconvene in open session at 3:46 p.m. Unanimously approved. In the Commissioners considered three (3) personnel matters, consulted with legal counsel to obtain legal advice on four (4) issues. PERSONNEL AND EMPLOYMENT DECISIONS Motion made by Commissioner Bowers, seconded by Shank, to approve the following personnel actions: Part-time Office Associate - Gaming Commission - to employ Casey Mulligan at $7.21 per hour; Office Associate III - Human Resources - to employ Barbara Benedict as Office Associate III, Grade 6, to  existing vacancy; and Assistant States Attorney IC - Narcotics Task Force -  to promote Duane Gigeous from Assistant States Attorney III to Assistant  States Attorney IV, Grade 16, to fill an existing vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Wade, to adjourn at 3:53 p.m. Unanimously approved. County Administrator County Attorney , Clerk