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April 25, 2006
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
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.
APPROVAL OF MINUTES – APRIL 18 and 19, 2006
Motion made by Commissioner Nipps, seconded by Munson, to
approve the minutes of April 18 and 19, 2006, as amended.
Unanimously approved.
PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK
Commissioner Snook presented a proclamation to Jill Ritter and
Jennifer Bricker, representing the Victims’ Rights Unit of the
State’s Attorney’s Office, designating the week of April 23-29,
2006, as National Crime Victims’ Rights Week and asking all
citizens to join forces with victim service programs, criminal
justice officials, and concerned citizens in this observance.
Ms. Ritter thanked the Commissioners for the proclamation and
informed them of activities planned to commemorate National
Crime Victims’ Rights Week.
PROCLAMATION – NATIONAL COUNTY GOVERNMENT WEEK
Commissioner Munson presented a proclamation to representatives
of the Emergency Services Department, Sheriff’s Department,
Health Department, Washington County Volunteer Fire & Rescue
Association, and Special Operations Unit, designating the week
of April 23-28, 2006, as National County Government Week and
commending its observance to all citizens, with the theme
“Protecting Our Communities” and honoring those County services
that protect residents from natural disasters, terrorist
attacks, crime and drug abuse. Commissioner Snook thanked all
County employees and volunteers for their dedication in helping
to protect Washington County and its citizens.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Nipps reported on meetings of the Historic District
Commission, Recreation & Parks Board, and Airport Advisory
Commission. She informed the Commissioners that the County
would be receiving $2.8 million in Program Open Space (POS)
funding from the State. Commissioner Nipps stated that she met
with Congressman Bartlett to tour the Hagerstown Regional
Airport. She also reported on the Beaver Creek Watershed
meeting and stated that time would be scheduled on the agenda
for this presentation to made to the Board.
Commissioner Munson reported on the Agricultural Education
Center Board meeting.
Commissioner Wivell reported on the Gang Awareness Task Force
meeting.
Commissioner Kercheval reported on meetings of the Public Golf
Corporation, Local Management Board, Mental Health Advisory
Committee, and 2+2 Committee. He stated that he judged the
science fair at Pangborn Elementary School and spoke to the
Paramount Elementary CAC group. Commissioner Kercheval also met
with the Chairman of the Board of Directors for Holly Place
regarding their long range planning.
Commissioner Snook distributed a copy of a letter he received
from the State Highway Administration regarding their policy on
noise barriers along interstate highways. He reported on the
rankings of Maryland, Pennsylvania, Virginia and West Virginia
Quad State Business Journal.
on economic factors as found in the
RealtorMagazine
Commissioner Snook stated that lists the
average home price in Washington County for February 2006 as
$252,000 and provided information from the Trend report on home
sales. He noted that home sales have declined in Washington
County and in the State. Commissioner Snook reminded the Board
that the Elks Club will hold Flag Day ceremonies on June 11 at
the Hagerstown Community
APRIL 25, 2006
PAGE TWO
College Amphitheater. Commissioner Snook reported on the
meetings of the Hagerstown-Eastern Panhandle Metropolitan
Planning Organization (MPO) and the Emergency Services Committee
meeting.
Commissioner Snook informed the Commissioners that Gary Rohrer,
Director of Public Works, has asked for authorization to
advertise the FY 2007 Pavement Maintenance Program for bids. It
was the consensus of the Commissioners to proceed to bid the
project.
REPORTS FROM COUNTY STAFF
Mike Thompson, Director of Planning & Community Development,
provided comments from the State Highway Administration on the
I-81 improvement project. Mr. Thompson informed the
Commissioners that there is a May 1 deadline for Mr. Schuster to
make application for a workforce housing-type project as
presented at last week’s meeting. He reminded them that Mr.
Schuster had requested that the excise tax fee be reduced from
$15,500 per unit to $1.00 per foot to allow for the construction
of one and two-bedroom units of workforce housing. It was the
consensus of the Commissioners not to reduce the excise tax for
this project.
Motion made by Commissioner Wivell, seconded by Nipps, to
authorize filling the vacant Senior Plant Operator vacancy at
the Water Quality Department. Unanimously approved.
COUNTY ATTORNEY ISSUES
County Attorney John Martirano asked the Commissioners if they
wanted to add Potomac Case Management Services, Inc. to the list
of non-profit organizations to which the County Commissioners
may contribute funds pursuant to Section 1-108. Mr. Martirano
stated that he has been informed that the agency is not eligible
for Gaming funds for the project they specified.
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the request to place Potomac Case Management Services,
Inc. on the list of non-profit organizations to which the County
Commissioners may contribute funds, pursuant to Section 1-108,
Code of the Public Local Laws of Washington County, Maryland.
Motion carried with Commissioners Kercheval, Nipps, and Snook
voting “AYE” and Commissioners Wivell and Munson voting “NO.”
REAPPOINTMENTS – ADULT PUBLIC GUARDIANSHIP REVIEW BOARD
Motion made by Commissioner Wivell, seconded by Munson, to
reappoint Sally Clopper and to waive the two-term limit policy
and reappoint Cynthia Pellegrino to the Adult Public
Guardianship Review Board for three-year terms. Unanimously
approved.
CONTINUATION OF FY 2007 BUDGET DISCUSSIONS
The Commissioners discussed the proposed Fiscal Year 2007 budget
and reviewed a draft of the General Fund revenues and
expenditures. Debra Murray, Director of Finance, and Kim
Edlund, Assistant Director, provided information on the changes
that were made from Draft #2 to Draft #3 of the proposed budget.
They reviewed the income tax revenue projections and other
revenue projections. Ms. Murray stated that she had budgeted
conservatively due to increased interest rates and in the event
that housing construction slowed down. She also noted that the
draft #3 of the budget assumes that the requested increases in
fees for Permits & Inspections and Planning, and the increases
relating to the Sheriff’s Department were approved.
Ms. Murray reviewed the changes made in the proposed
expenditures budget. Commissioner Snook distributed a copy of a
letter from the Hagerstown Mayor and Council requesting
additional funding for the Arts and Entertainment District
project, the parking deck, and the demolition of a building on
East Washington Street. Commissioner Snook also asked that a
placeholder of $25,000 be put in budget in the event that it is
needed to pay for the services of a medical director to monitor
emergency medical service calls.
APRIL 25, 2006
PAGE THREE
The Commissioners then began discussions of the proposed tax
rate and potential tax relief proposals. Ms. Murray offered
options to provide tax relief based on previous discussions by
the Commissioners. The Commissioners discussed the options and
provided their views.
Motion made by Commissioner Kercheval, seconded by Nipps, to
provide $150 to each owner-occupied tax account using the $5
million surplus from fiscal years 2005 and 2006 by separate
check distribution in June 2006. Unanimously approved.
It was the consensus of the Commissioners to include a
placeholder of $1 million in the FY 2007 budget for
implementation of a County homeowner tax credit program to
supplement the State program.
Motion made by Commissioner Kercheval, seconded by Nipps, to
take the Fiscal Year 2007 General Fund budget to public hearing
at the current property tax rate of $.948 per $100 of assessed
full value on May 9, 2006 as proposed by staff with the
adjustments made to date. Motion carried with Commissioners
Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson
and Wivell voting “NO.”
CITIZENS PARTICIPATION
Daniel Moeller asked the Commissioners that information on plans
for dealing with a possible avian flu epidemic along with the
County’s emergency evacuation plan be placed on the County’s
website. He reminded them that the County goals call for a TDR
Program to be in place by August 2006.
Diane Eves thanked the Commissioners for the tax relief and the
supplemental homeowners’ tax credit program that were approved
this morning.
Bob Harsh, owner of County Medical Transport, asked for
information regarding the contract awarded for ambulance
services for the Health Department. Commissioner Snook directed
Mr. Harsh to discuss this with the Purchasing Agent.
Al Martin, Finance Director for the City of Hagerstown, provided
an update on the Downtown Arts and Entertainment District and
parking deck projects. He thanked the Commissioners for their
past commitment of funding. Mr. Martin informed the
Commissioners that unexpected additional costs occurred with the
parking deck project. The City has increased its funding, but
they are also requesting that the County provide an additional
$300,000 for this work as well as the East Washington Street
portion of the project. After discussion, the Commissioners
took this request under consideration.
Bob Darby complimented the County on its recycling program and
informed them of safety issues at the Maugans Avenue exit ramp
off Interstate 81.
JOINT PUBLIC HEARING – MODIFICATION OF CHARGES, RENTALS, AND
FEES – HAGERSTOWN REGIONAL AIRPORT
A joint public hearing of the Board of County Commissioners and
the Hagerstown Regional Airport Advisory Commission was convened
at 11:17 a.m. to hear testimony regarding the proposed increase
in current charges, rentals and fees at the Airport. Also
present at the hearing were Airport Advisory Commission members
Spence Perry and Tom Henderson. Carolyn Motz, Airport Manager,
reviewed the proposed rates and charges. She stated that the
average increase in rates being requested is 4%. The meeting
was then opened for public comment. There was no one present
who wished to comment. The hearing was closed at 11:23 a.m.
ENTERPRISE GIS OFFICE – FINAL IMPLEMENTATION PLAN
Bud Gudmundson, GIS Coordinator, and Heidi Hammel, KCI
Technologies, met with the Commissioners to provide an update on
the GIS Subcommittee and the final implementation plan for the
Enterprise GIS Office. Mr. Gudmundson stated that this office
would be established as part of the Information Technology (IT)
Department. Ms. Hammel then presented information on the
background and common uses of GIS in businesses and
APRIL 25, 2006
PAGE FOUR
enterprises. She reviewed the proposed three-year phase-in plan
and corresponding budget. Mr. Gudmundson explained that the GIS
Office would manage the central database and intra-net GIS,
coordinate GIS development in user departments, and enforce
standards. He explained that the differences in the budget for
the interim plan and final implementation plan were for the
difference proposed in staffing. While the consultant is
recommending that the GIS Department be staffed with 5 employees
over a two-year period, the County Task Force recommended three
employees over two years. Commissioner Snook asked Mr.
Gudmundson to contact Tri-County Council to see if grant funding
was available for this endeavor. The meeting was then opened
for questions. Mr. Gudmundson asked for the Board’s continued
support of the project.
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.
PUBLIC HEARING – MODIFICATION AND RESTRUCTURING OF FEE SCHEDULES
– DEPARTMENT OF PERMITS AND INSPECTIONS
The Commissioners convened a public hearing at 1:15 p.m. in
order to permit public comment concerning the proposed
modification and restructuring of fee schedules governing all
building work performed under the 2005 National Electrical Code,
the 2003 International Residential Code for One and Two-Family
Dwellings, the 2003 International Building Code, the 2003
International Plumbing Code, and the 2003 International
Mechanical Code. Daniel DiVito, Director of Permits and
Inspections, and Angela Smith, Deputy Director, reviewed the new
fee schedule. Mr. DiVito stated that it would make the County
competitive with surrounding jurisdictions and generate revenues
to cover the cost of providing services. The meeting was then
opened for public comment. Debbie Turpin, Executive Director of
the Home Builders Association, expressed concern with the state
of the housing market in the County. She stated that the
Association supports the hiring of additional Building
Inspectors. Taylor Oliver spoke in support of the increase in
fees. He suggested that the County consider adopting a goal of
thirty (30) calendar days to approve or deny permits. He
further suggested that if a permit is not approved within that
time frame, the builder would be permitted to begin construction
but only in compliance with County regulations. The hearing
was closed at 1:35 p.m.
PUBLIC HEARING – PROPOSED NEW FEE SCHEDULE – PLANNING DEPARTMENT
The Commissioners convened a public hearing at 1:35 p.m. to
permit any interested person to appear and testify concerning
the proposed adoption of a resolution adopting a new fee
schedule for the Washington County Planning Department. The
fees would be charged pursuant to the Zoning Ordinance for
Washington County, Maryland, the Subdivision Ordinance for
Washington County, Maryland, the Forest Conservation Ordinance
for Washington County, Maryland, and other administrative fees.
The new fee schedule would be effective July 1, 2006. The
meeting was then opened for public comment. Debbie Turpin,
Executive Director of the Home Builders Association, spoke in
opposition to the proposed fee increases. No one else desired
to comment and the hearing was closed.
MEMORANDUM OF UNDERSTANDING – MID-MARYLAND LAND TRUST
ASSOCIATION, INC.
Eric Seifarth, Land Preservation Planner, and Jack Moran,
President of the Mid-Maryland Land Trust, Inc., reviewed the
proposed Memorandum of Understanding (MOU) relating to donated
and purchased easements acquired through Mid-Maryland Land
Trust, Inc. Mr. Seifarth stated that the MOU would still allow
for purchased agreements. The meeting was then opened for
questions and discussion.
Motion made by Commissioner Wivell, seconded by Munson, to enter
into a Memorandum of Understanding (MOU) with the Mid-Maryland
Land Trust Association, Inc. providing for cooperation and
coordination between
APRIL 25, 2006
PAGE FIVE
Washington County and Mid-Maryland land Trust, Inc. relating to
donated and purchased easements of agricultural land in
Washington County. Unanimously approved.
COUNTY AGRICULTURAL TRANSFER TAX – RURAL LEGACY EASEMENT
SETTLEMENT
Eric Seifarth, Land Preservation Planner, met with the
Commissioners to present the request made by Dennis and Sylvia
Frye to permit the temporary use of County Agricultural Transfer
tax funds in the amount of $300,795.44 for a limited period of
time in order to fund their Rural Legacy easement settlement,
contingent upon the Department of Natural Resources funds being
sent to the County prior to the May 5 settlement. The Rural
Legacy funds would then be used to reimburse the County funds.
Mr. Seifarth explained that the Frye’s have been working with
the County for several years to settle a Rural Legacy easement
with FY 2004 funds. The state held up all funds in 2005 due to
budget issues. By the time the funds were cleared for easement
settlements, the Frye’s bank had sold the loan to another bank.
However, if they can settle the easement before May 9, they can
receive a much better rate with Mid-Atlantic Farm Credit. Since
the State Board of Public Works does not meet to approve this
item until May 3, they would need 10 days to process easement
checks through the Budget and Finance Department and allow the
settlement attorney to clear the check. Mr. Seifarth stated
that one solution would be to front the money using the local
Agricultural Transfer Tax Fund and then repay the fund from the
Rural Legacy check. He stated that the Agricultural Land
Preservation Advisory Board has recommended against this option.
The meeting was then opened for discussion.
Motion made by Commissioner Munson, seconded by Nipps, to
approve the request to permit the use of County Agricultural
Transfer tax funds in the amount of $300,795.44 for a limited
period of time in order to fund the Frye Rural Legacy easement
settlement, contingent upon the Department of Natural Resources
funds being sent to the County prior to the May 5 settlement.
Unanimously approved.
CONTRACT RENEWAL – ELECTRICIAN SERVICES AT COUNTY FACILITIES
Motion made by Commissioner Munson, seconded by Nipps, to renew
the contract for electrician services at County facilities to
Kube Electric Co., Inc., with the requested 5% increase in labor
rates for FY 2007. Unanimously approved.
CONTRACT RENEWAL – PLUMBING & HEATING MAINTENANCE SERVICES
Motion made by Commissioner Munson, seconded by Nipps, to renew
the contract for plumbing and heating maintenance services with
Beaver Mechanical Contractors, Inc. with a 2% increase in the
hourly rate for a plumber’s helper for non-routine hours, a 2%
increase in hourly rates for a plumber during routine regular
working hours, and a 2% increase in hourly rates for a plumber
during evenings, Saturdays, Sundays and holidays for FY 2007.
Unanimously approved.
CONTRACT RENEWAL – TRASH REMOVAL SERVICESAT COUNTY FACILITIES
Motion made by Commissioner Munson, seconded by Nipps, to renew
the contract with Allied Waste Services (formerly BFI Waste
Services, LLC) for trash removal services at twenty (20) County
facilities with the requested adjustments as requested in their
letter of April 19, 2006. Unanimously approved.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – EQUIPMENT AND
INSTALLATION/IMPLEMENTATION SERVICES FOR WIRELESS PROJECT
Motion made by Commissioner Kercheval, seconded by Wivell, to
authorize by resolution the Information Technology (IT)
Department to purchase equipment and services from GTSI Corp. to
create an integrated in-building secure 802.11 wireless local
area network (LAN) for deployment in the County Administration,
County Office and Administration Annex buildings in the amount
of $36,900 by utilizing the U.S. Communities contract #RQ03-
605674-16A on which Fairfax County, Virginia, was the “Lead
Public Agency” in accordance with the terms and conditions of
Code of Public Local
that contract and in accordance with the
Laws of Washington County
, Maryland, Section 1-106.3.
Unanimously approved.
APRIL 25, 2006
PAGE SIX
CONTRACT AWARD – STRATEGIES TO PROMOTE CHILDREN SAFE IN THEIR
FAMILIES AND COMMUNITIES IN WASHINGTON COUNTY
Karen Luther, Purchasing Agent, and Paula Fisher, Project
Coordinator for the Washington County Community Partnership for
Children and Families (WCCP), informed the Commissioners that
they recently reviewed concept applications for the award of
Strategies to Promote Children Safe in Their Families and
Communities in Washington County, Maryland to fulfill the
requirements contained in the WCCP’s Summary of Concept Ideas
for the use of carry forward funds. She stated that the Review
Panel recommended that funds be awarded to the following
agencies: 1) Boys & Girls Club of Washington County, Inc for
NetSMARTZ in the amount of $55,333, 2) Washington County Health
Department for enhancement of the Court Appointed Special
Advocates Program for $15,864, and 3) Head Start of Washington
County, Inc. for the grief training program Grief, Inc. in the
amount of $8,234.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the recommendation to award Strategies to Promote
Children Safe in Their Families and Communities in Washington
County, Maryland for the use of carry forward funds to the
following agencies: 1) Boys & Girls Club of Washington County,
Inc for NetSMARTZ in the amount of $55,333, 2) Washington County
Health Department for enhancement of the Court Appointed Special
Advocates Program for $15,864, and 3) Head Start of Washington
County, Inc. for the grief training program Grief, Inc. in the
amount of $8,234. Unanimously approved.
REJECTION OF PROPOSALS – COMPRHENSIVE TEEN PREGNANCY PREVENTION
STRATEGIES
Ms. Luther and Ms. Fisher asked the Commissioners to reject both
proposals received for the Comprehensive Teen Pregnancy
Prevention Strategies services. Ms. Fisher explained why the
proposals were found to be non-responsive.
Motion made by Commissioner Munson, seconded by Nipps, to reject
the proposal of Girls, Inc. of Washington County, partnering
with the Washington County Health Department in the amount of
$108,897 for Comprehensive Teen Pregnancy Prevention Strategies
for being non-responsive. Unanimously approved.
TEXT AMENDMENT - SUBDIVISION ORDINANCE SO-06-001, RZ-06-001, &
FC-06-001
Motion made by Commissioner Munson, seconded by Nipps, to
approve text amendments SO-06-001, RZ-06-001, and FC-06-001 to
the Subdivision Ordinance, the Zoning Ordinance and the Forest
Conservation Ordinance, respectively, to be effective as of July
1, 2006, as submitted by the Washington County Planning
Department to remove the existing fees from the Ordinances; and
the fees for services rendered in connection with each Ordinance
would be established by resolution by the Board of County
Commissioners. Unanimously approved.
PROPERTY ACQUISITION – CHARLES & MARY CUNNINGHAM
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the purchase of property owned by Charles and Mary
Cunningham located at 14219 Maugansville Road for $269,900 using
95% FAA funds, with a 2.5% State and local match. The property
is in the Runway Protection Zone for Runway 9. Unanimously
approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 3:40 p.m. to discuss personnel
matters relating to the employment of an individual over whom
the Commissioners have jurisdiction and any other personnel
matter affecting one or more specific individuals, consult with
staff about pending litigation, and consult with counsel to
obtain legal advice, 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 Munson, seconded by Wivell, to
reconvene in open session at 5:17 p.m. Unanimously approved.
APRIL 25, 2006
PAGE SEVEN
In closed session, the Commissioners discussed two (2) personnel
matters relating to the employment of individuals over whom the
Commissioners have jurisdiction and other personnel matters
affecting one or more individuals, consulted with staff about
pending litigation, and consulted with counsel to obtain legal
advice. 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 John
Martirano, County Attorney; Kirk Downey, Assistant County
Attorney; Joni Bittner, County Clerk; Jonathan Topazian, Labor
Counsel; Greg Murray, Director of the Water Quality Department;
David Hankinson, Director of Human Resources; Gary Rohrer,
Director of Public Works; Tony Davis, and Nicholas Woodfield.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Nipps, to
adjourn at 5:17 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk