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HomeMy WebLinkAbout070911 September 11, 2007 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 John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire; James F. Kercheval; and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – AUGUST 28, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of August 28, 2007. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the Tri-County Council meeting and tour of business and industry in Allegany County. He also reported on the Planning Commission meeting and informed the Commissioners that a Maryland Association of Counties Legislative Committee meeting is scheduled for September 12 in Annapolis. Commissioner Baker informed the Commissioners that he attended Maugansville Pride Days. He stated that he attended the Citizens for the Protection of Washington County meeting where Dan DiVito was guest speaker. Commissioner Baker reported on the Recreation & Parks Board meeting. Commissioner Aleshire reported on meetings of the Advisory Commission to the Board of Health and the Solid Waste Advisory Committee. He stated that the Funkstown Town Council is requesting that the one-lane bridge over the Antietam Creek be expanded to two lanes. Commissioner Aleshire informed the Commissioners that he attended Boonesboro Days. He also asked for information on the 2+2 Committee and revenue sharing issues. Commissioner Wivell reported on the Water Quality Advisory Commission meeting. He stated that they would like to meet with the County Commissioners in the near future. Commissioner Wivell asked if the County had received the Cost of Service Study from the City of Hagerstown. Commissioner Barr reported on his meeting with Gary Maynard, Secretary of Public Safety and Corrections. PROCLAMATION –DISABLED AMERICAN VETERANS FORGET-ME-NOT MONTH Commissioner Barr presented a proclamation to Steve Hansen, Commander of the Washington County Chapter of Disabled American Veterans (DAV), and Todd Stair, Past Commander, proclaiming the month of September 2007 as “Disabled American Veterans Forget-Me-Not Month” in Washington County and encouraging all citizens to join in their support of those who gave of themselves to protect and preserve our way of life. Mr. Hansen outlined activities scheduled during the month to benefit disabled veterans. HAGERSTOWN SOFTBALL ASSOCIATION – REQUEST FOR FUNDING ASSISTANCE Mike Kelbaugh, President of the Hagerstown Softball Association, and Tom Riford, President of the Hagerstown- Washington County Convention and Visitors Bureau (CVB), appeared before the Commissioners to request assistance to have lighting installed on the softball fields at Hagerstown Fairgrounds Park. Mr. Kelbaugh requested that the Commissioners authorize funding from the hotel rental tax special projects fund for the lighting. He stated that, if lighting were installed, larger tournaments could utilize the fields and create additional economic impact for the County. Mr. Riford expressed the CVB’s support for the request and stated that they have assisted in the fundraising effort. He noted that a typical tournament brings in more than $25,000 of economic impact in a single weekend. It was also noted that they generate approximately $15,000 on hotel rental tax each year. The meeting was opened for questions and discussion from the Commissioners. SEPTEMBER 11, 2007 PAGE TWO Motion made by Commissioner Kercheval, seconded by Wivell, to approve the request to provide $20,000 from the Hotel Rental Tax Special Projects Fund to install lighting at the softball fields at Hagerstown Fairgrounds Park. Unanimously approved. PUBLIC HEARING – ACQUISITION OF REAL PROPERTY (101 TANDY DRIVE, HAGERSTOWN, MARYLAND) The Commissioners convened a public hearing in order to hear comments concerning the acquisition of 8.3356 acres improved with a building of approximately 83,500 square feet, commonly known as 101 Tandy Drive, Hagerstown, Maryland. Andrew Wilkinson, Assistant County Attorney, stated that the public hearing is being held to meet the requirements of Section 1-301(b) of the Code of the Public Local Laws of Washington County, Maryland, as it has been determined that the property is needed for a public purpose. The consideration to be paid for the property is $5,034,000, all or a portion of which may be expended from the General Fund. The Commissioners discussed the results of the feasibility study which showed that the cost of the building was significantly less than the cost of new construction for a similar facility and that the facility would also be a suitable location for Detention Center improvements or to be converted for use by other County facilities. The meeting was then opened for public comment. Colonel Randy Wilkinson and Lt. Van Evans, Detention Center, spoke in favor of the purchase. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the acquisition of 8.3356 acres improved with a building of approximately 83,500 square feet, commonly known as 101 Tandy Drive, Hagerstown, Maryland, from the Phoenix Color Corporation for the price of $5,034,000. Unanimously approved. STATUS REPORT - UNIVERSITY SYSTEM OF MARYLAND AT HAGERSTOWN David Warner, Executive Director of the University System of Maryland at Hagerstown (USM), and Gaye McGovern, Chair of the Scholarship Program, met with the Commissioners to provide an update on USM and the scholarship fund for Washington County residents enrolled there. Dr. Warner informed the Commissioners that there are 19 programs being presented by six colleges in the University System with 376 students currently enrolled. Ms. McGovern stated that the scholarship committee has raised $206,000 to date and is planning a fundraiser at Duffy’s on Potomac on September 15. She asked that the Commissioners consider providing a contribution to the scholarship fund if excess funds permit after the County’s audit is completed. The Commissioners discussed the request and thanked Mr. Warner and Ms. McGovern for the information. SUNSET MEADOWS DEVELOPMENT – APPROVAL OF MITIGATION PROPOSAL Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Sunset Meadows Development school mitigation proposal. Mr. Thompson stated that Sunset Meadows is a 53-unit single- family residential subdivision located at the intersection of Hicksville Road and St. Paul Road in the Clear Spring area. Mr. Thompson indicated that the proposed mitigation plan for the remaining 48 lots within the development was heard by the Commissioners at the August 7, 2007 meeting. The proposal called for the payment of $5,000 per dwelling above the existing excise tax for a total of $18,000 per dwelling. The developer agreed to phase the build-out of the remaining 48 lots over a six to eight year period (6-8 units per year). The owner/applicant agreed to pay the full excise tax plus the $5,000 per lot for schools at whatever excise tax rate is in effect at the time of final plat approval, but in no event would the amount paid be less than $13,000 per unit plus the $5,000 mitigation fee. Brian Kurtyka, attorney for the applicant, spoke in support of the proposal. Motion made by Commissioner Aleshire, seconded by Wivell, to deny the proposed mitigation proposal for Sunset Meadows Development as proposed. Unanimously approved. SEPTEMBER 11, 2007 PAGE THREE CITIZENS’ PARTICIPATION Cindy Downs spoke in opposition to development in Agricultural Preservation areas. Laura Bowman, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 16-18, 2008 and asked that the County support the event by providing use of mailing facilities, a law enforcement escort and allowing it to be included on the County’s event insurance coverage. Motion made by Commissioner Kercheval, seconded by Wivell, to approve funding from the Commissioners’ Contingency Fund to pay overtime costs for two Sheriff’s deputies for the National Pike Festival on May 16-18, 2008 and to include them on the County’s event insurance coverage. Unanimously approved. Dan Moeller expressed concern regarding funds reserved in a previous budget to assist low-income County residents with property tax increases and questioned whether the Commissioners were developing a plan on how the remaining funds would be issued. COUNTY ATTORNEY ISSUES Motion made by Commissioner Wivell, seconded by Kercheval, to endorse a Maryland Economic Development Assistance Fund (MEDAF) loan to the Cinetic Landis Corporation in the amount of $500,000 to construct a manufacturing facility in the Hunter’s Green Business Park, and to approve $50,000 in matching funds as required. Uanimously approved. (A copy of the approved resolution, Resolution RS-07-00 20 can be found in the County Commissioners’ Office.) APPOINTMENT – GAMING COMMISSION Motion made by Commissioner Aleshire, seconded by Baker, to appoint Dan Seiler to the Washington County Gaming Commission for a two-year term. Unanimously approved. APPOINTMENTS – COMMISSION FOR WOMEN Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Erin Minifield, Ruth Anne Callaham, and Natasha Arnall to the Commission for Women for three- year terms. Unanimously approved. REAPPOINTMENTS – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Aleshire, seconded by Baker, to reappoint Joe Ralls and Mike Lida to the Fire & Rescue Communications Advisory Board for three-year terms. Unanimously approved. PUBLIC HEARING – ECONOMIC DEVELOPMENT REVENUE BONDS (HOMEWOOD AT WILLIAMSPORT, MD, INC. PROJECT) Timmy Ruppersberger, Bond Counsel, met with the Commissioners to present a request made by Homewood at Williamsport MD, Inc., Homewood Retirement Centers of the United Church of Christ, Inc., and Homewood Foundation, Inc. requesting the issuance by the County Commissioners of one or more series of its economic development revenue bonds in an aggregate principal amount not to exceed $14,000,000. The bonds will be used by the Borrower to finance or refinance the acquisition, construction, equipping and development of the facility described below: (1) the demolition of the existing nursing home located on the existing Williamsport campus and site work; 2) acquisition and construction of an approximately 72,000 square foot building to be located on the Williamsport Campus and other campus improvements; 3) the acquisition and installation of necessary and useful equipment, machinery, furnishings and fixtures in connection with the foregoing; and 4) the acquisition of any other improvements or interests in land as may be necessary or useful for the foregoing. The proceeds may also be used to pay costs of issuance, capitalized interest and other costs of the transaction. Ms. Ruppersberger stated that Washington County would only be used as a conduit to issue the bonds and would not be liable for the payments. She stated that the issuance would have no impact on the County’s borrowing limits or financial position, but the resolution would allow the company to begin the project and then be reimbursed through the bond funding. SEPTEMBER 11, 2007 PAGE FOUR Conrad Hechey, Vice President of Operations, provided additional information regarding the use of the bond funds. Motion made by Commissioner Aleshire, seconded by Kercheval, to adopt an official Action Resolution approving the issuance and sale of its economic development revenue bonds in an aggregate principal amount not to exceed Fourteen Million Dollars ($14,000,000.00) in one or more series from time to time, in order to lend the proceeds thereof to Homewood at Williamsport MD, Inc. Project solely for the purpose of financing or refinancing the acquisition, construction, equipping and development of the facility described below: (1) the demolition of the existing nursing home located on the existing Williamsport campus and site work; 2) acquisition and construction of an approximately 72,000 square foot building to be located on the Williamsport Campus and other campus improvements; 3) the acquisition and installation of necessary and useful equipment, machinery, furnishings and fixtures in connection with the foregoing; and 4) the acquisition of any other improvements or interests in land as may be necessary or useful for the foregoing. The proceeds may also be used to pay costs of issuance, capitalized interest and other costs of the transaction. Motion carried with Commissioners Aleshire, Kercheval, Baker, and Wivell voting “AYE” and Commissioner Barr “ABSTAINING.” (A copy of the approved resolution, Resolution RS-07-00 015, can be found in the County Commissioners’ Office.) REPORTS FROM COUNTY STAFF John Latimer, Director of Fire & Emergency Services, informed the Commissioners that the Local Emergency Planning Committee (LEPC) would be holding its annual hazmat drill on September 22 at the water treatment plant in Williamsport. Mr. Latimer stated that Governor O’Malley proclaimed the month of September as Disaster Preparedness Month. Joe Kroboth, Director of public Works, requested that John Weber, Motor Equipment Operator, be promoted to Lead Construction Specialist to fill an existing vacancy at the Highway Department, retroactive to September 3, 2007, at the rate of $16 per hour. Motion made by Commissioner Wivell, seconded by Aleshire, to approve the promotion of John Weber to Lead Construction Specialist at the Highway Department at the rate of $16 per hour retroactive to September 3, 2007. Unanimously approved. Mr. Kroboth informed the Commissioners that he received a petition from the homeowners at South Pointe requesting that a traffic signal be installed at the entrance on Oak Ridge Drive. He stated that a traffic study would be conducted to determine if a signal is warranted at this location. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, requested formal approval to hire George William Sonnik, III, as Human Resources Director at a salary of $75,000. He provided information on Mr. Sonnik’s background. Motion made by Commissioner Wivell, seconded by Kercheval, to approve employing George William Sonnik, III, as Human Resources Director at a salary of $75,000. Motion carried with Commissioners Wivell, Kercheval, Baker and Barr voting “AYE” and Commissioner Aleshire “ABSTAINING” since he did not participate in the interview process. Mr. Murray provided information on the meeting with the Department of Environment and Department of Planning to be held on September 20. He reminded the Commissioners that Senator Barbara Mikulski would be meeting with the Commissioners on September 13. Mr. Murray reminded the Commissioners that an Agricultural Marketing Advisory Committee has not been appointed to provide guidance to the position of Agricultural Marketing Specialist. The Commissioners discussed various aspects of the Committee. Mr. Murray agreed to bring it back for the Commissioners’ review. He informed the Commissioners that the Commission on Aging would hold a strategic planning session on October 30. Mr. Murray indicated SEPTEMBER 11, 2007 PAGE FIVE that a meeting is scheduled with the Local Delegation to the General Assembly on September 25. Mr. Murray reviewed the following list of proposed goals for 2007 for the Commissioners’ to review: 1) Evaluate zoning classifications in the Urban and Town Growth Areas and adopt recommendations on appropriate uses and densities including potential transfer of development rights, development of new economic development related zoning designations, designations and allowable uses for educational sites such as Hagerstown Community College, and size of Growth Area boundaries. 2) Develop a long-range transportation plan identifying County needs for new or upgraded infrastructure required to support long-term growth management, and in cooperation with other local government initiatives. 3) Evaluate current Excise Tax Ordinance and adopt new fees and structure as appropriate for legislative action. 4) Develop a comprehensive coordinated process for oversight of the developmental process through evaluation of the Planning, Engineering, and Permits functions. 5) Complete update for the County Water and Sewer Plan. 6) Review current assets and future needs to adopt a long-term plan with regards to space requirements given the various departmental and outside agency locations and functions, and in accordance with a comprehensive strategy for efficient location of services. 7) Evaluate departmental structures and reorganize by discipline as necessary for maximum efficiency. 8) Implement automation of the capital budget process for FY 2009 to include external agency input and review. Include refined ranking descriptions related to Capital Improvement Program (CIP) budget. 9) Develop a process for review of salary/benefits on rolling schedule for budgetary purposes to include peer review of job descriptions and classifications, and recommendations for policy updates. 10) Implement procedures to allow for greater public accessibility to Board meetings. This includes scheduling evening venues and providing remote accessibility to routine scheduled meetings. 11) Evaluate, revise as necessary, and adopt the 2006 building codes. 12) Update the joint hearing process for review and approval of planning and zoning requests. 13) Update and adopt the County Purchasing Policy Manual. 14) Develop a comprehensive approach to the agricultural industry economic development marketing and support needs. 15) Evaluate the need and location for development of an active adult senior center. The Commissioners reviewed the proposed list and included items they would like to discuss for inclusion on the 2008 goals. Mr. Murray informed the Commissioners that the Board of Education has requested a letter in support of pursuing alternative funding for the Barbara Ingram School for the Arts. The Water Quality Advisory Commission has requested a joint meeting with the Commissioners. He stated that it would be scheduled for early October. Mr. Murray informed the Commissioners that the Washington County Volunteer Fire & Rescue Association has voiced its support for hiring of advanced life support technicians. He stated that he would schedule time to discuss Phase 2 of the EMS Plan so that it can be formalized by the Board. DISCUSSION OF MEDICAL EXAMINERS AND FORENSIC INVESTIGATORS SERVICES (REMOVAL AND TRANSPORT SERVICES) Dr. Edward Ditto, retired Medical Examiner, appeared before the Commissioners to discuss an issue they are having with removal and transport services of human remains for examination by a medical examiner or forensic investigator. He stated that Kerfoot Livery Service had an arrangement with the State to perform these services in Washington County but declined to continue due to the low rate being paid by the State. Although the State increased its rate to two dollars per mile, Kerfoot declined to continue under this rate. Dr. Ditto requested that the Commissioners match the State’s rate of $2.00 per mile for each incident. He noted that the County currently provides a match of $80 per case for the medical examiners and forensic investigators. Dr. Ditto indicated that they are having problems with the current transport service being used. The meeting was opened for questions and discussion. Lt. Rick Naron and Major Robert Leatherman supported the request and substantiated the difficulties they are facing with prompt services with the current provider. Several current forensic investigators spoke of the SEPTEMBER 11, 2007 PAGE SIX difficulties they are experiencing. The Commissioners discussed the matter and directed the County Attorney’s Office and other Staff to research the matter and work with the State Medical Examiner’s Office to find a resolution to this issue. RECESS The Commissioners recessed at 12:37 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:19 p.m. by President John F. Barr, with the following members present: Commissioners Kristin B. Aleshire and James F. Kercheval. PUBLIC HEARING – SECURITY SYSTEM FALSE ALARM ORDINANCE The Commissioners convened a public hearing in order to hear comments regarding the proposed Security System False Alarm Ordinance. Col. Randy Wilkinson of the Sheriff’s Office informed the Commissioners that deputies responded to 2,219 false security alarms in 2006. He stated that the estimated total wage cost to the Department for this was $66,570 last year. Col. Wilkinson indicated that other Maryland counties have greatly reduced false alarms after adopting similar ordinances. Andrew Wilkinson, Assistant County Attorney, reviewed the proposed Ordinance and corresponding resolution, which includes a provision for fees as well as charges for responding to more than two false alarms in one calendar year. Commissioner Barr opened the meeting for public comment. Norma Beaubien, President of the National False Alarm Reduction Association and False Alarm Coordinator for Montgomery County spoke in favor of the ordinance. Neil Glessner, Steve Tucker, Joan Tucker, Jerry Ditto, and Roy Jones spoke in opposition. After discussion, the hearing was closed at 2:24 p.m. (Commissioners Baker and Wivell arrived at 1:49 p.m.) BID AWARD – ADMINISTRATION AND EMERGENCY COMMUNICATIONS CENTER RENOVATION & BUDGET TRANSFER REQUEST Motion made by Commissioner Kercheval, seconded by Baker, to award the contract for Washington County Fire & Emergency Services – Administration and Emergency Communications Center Renovation to Palmer Construction Company, Inc., which submitted the lowest responsive, responsible base bid of $1,485,000, and to approve a budget transfer of $175,000 to increase State Funding for items that will be reimbursed by the Numbers Board. Unanimously approved. COMMUNITY TRANSPORTATION PRIORITIES FUNDING TOOLS Noel Williams, Chair of the Transportation Task Force for the Greater Hagerstown Committee (GHC), and Art Callaham, Executive Director of GHC, appeared before the Commissioners to present community transportation priorities and to request approval of a process to establish a community transportation lobbying effort. Mr. Williams stated that GHC has long-range projects that include I-81 widening, I-70 improvements, a northeast bypass study, and commuter rail service. He stated that short-range projects include U.S. 40/Edgewood Drive improvements, Eastern Boulevard improvements, U.S. 340/Keep Tryst Road, and construction of Southern Boulevard. Mr. Williams reviewed each of the proposed projects. The Commissioners discussed the request and their concerns and agreed to take the request under consideration when they receive the additional information. APPROVAL OF INTERGOVERNMENTAL COOPERATIVE PURCHASES – F350 SUPER DUTY CREW CAB PICK-UP TRUCK;ALL WHEEL STEER SKID LOADER AND IMPLEMENTS; AND JOHN DEERE 5325 TRACTOR; AND A F350 SUPER CAB PICK-UP TRUCK Motion made by Commissioner Kercheval, seconded by Aleshire, to authorize, by resolution, the following purchases: 1) Highway Department to utilize the contract awarded by the City of Harrisburg, Pennsylvania, to Day Fleet Sales of Monroeville, PA, for the purchase of one (1) F350 Super Duty Crew Cab Pick-up Truck at a cost of $31,579, in accordance SEPTEMBER 11, 2007 PAGE SEVEN with the terms and conditions of that contract pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland; 2) Highway Department to utilize the City of Hagerstown’s contract 1384.06-A with Bobcat of Hagerstown, MD for the purchase of one (1) All Wheel Steer Skid Loader ($39,490.03), one (1) Sweeper ($4,424.49), one (1) Planer ($12,924.46), and one (1) snow pusher attachment ($2,919.18) for a total sum of $59,758.16, in accordance with the terms and conditions of that contract pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland; 3) Buildings, Grounds and Parks Department to utilize the Baltimore County Public Schools contract JMI-611-05 to the John Deere Company(Landmark Equipment, LLC as local dealer) for the purchase of one (1) John Deere 5325 model Tractor at a cost of $40,002.73, in accordance with the terms and conditions of that contract pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland; and 4)Weed Control to utilize the contract awarded by the City of Harrisburg, Pennsylvania, to Day Fleet Sales of Monroeville, PA, for the purchase of one (1) F350 Super Cab Pick-up Truck at a cost of $27,781, in accordance with the terms and conditions of that contract pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. (A copy of Resolutions RS-07-016, RZ-07-017, RZ- 07-018, and RZ-07-019 can be found in the County Commissioners’ Office.) RURAL COMMUNITY SURVEY CONTRACT - PHASE IV Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the contract with the Maryland Historical Trust for matching grant funds in an amount up to $7,710 for a Phase IV Rural Community Survey to hire a consultant to document historic resources in the communities of Downsville, Brownsville, Bakersville, Gapland, Garrett’s Mill and Mt. Lena and add them to the County and State inventories. Unanimously approved. PURCHASE OF RIGHT OF WAY – MT. AETNA ROAD PROJECT Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the purchase of right-of-way fee simple and easements from Spirit Master Funding III, LLC at 1396 Dual Highway for 1,813 sq. ft. fee simple and 3,051 sq. ft. temporary construction easement, for the purchase price of $38,125. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 3:32 p.m. to discuss the appointment, employment, assignment, promotion, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and discuss any other personnel matter that affects one or more specific individuals; 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 Aleshire, seconded by Wivell, to reconvene in open session at 4:14 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, and/or compensation of appointees, employees or officials over whom it has jurisdiction; and discussed personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were: Gregory Murray, County Administrator; Julie Cade, Executive Office Assistant; Carolyn Motz, Regional Airport Director; and Tom Henderson and Spence Perry, Airport Advisory Commission Members. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Baker, to adjourn at 4:14 p.m. Unanimously approved. _____________________________, County Administrator SEPTEMBER 11, 2007 PAGE EIGHT _____________________________, County Attorney ________________________ County Clerk