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HomeMy WebLinkAbout080715 July 15, 2008 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:40 a.m. at their offices on Commonwealth Avenue. Commissioners John F. Barr, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell were in attendance. The following Board of Education members were present: Roxanne Ober, Paul Bailey, Ruth Anne Callaham, William Staley, Wayne Ridenour, Donna Brightman and Bernadette Wagner. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; Chris South, Chief Financial Officer, Barbara Scotto, Supervisor of Transportation; and Rob Rollins, Director of Facilities Planning and Development. Third Quarter Budget Adjustments Motion made by Commissioner Wivell, seconded by Aleshire, to approve the following third quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Administration - $50,000; Mid-Level Administration - $21,947; Instructional Salaries - $70,150; Special Education - $143,000; Pupil Personnel Services - $69,000; Fixed Charges - $150,000; and Operation of Plant - $1,380,600; and by increasing the following categories: Revenue - $223,154; Instructional Textbooks & Supplies - $37,434; Student Health Services - $5,000; Student Transportation Services - $69,189; Capital Outlay - $1,168,008; and Food Service - $25,500; for a net change in the Fund Balance of $630,522. Unanimously approved. Elementary School Construction Update Mr. Michael and Mr. Rollins provided an update on the completion of the new Maugansville, Pangborn and Rockland Woods Elementary Schools. Mr. Michael stated that Pangborn and Rockland Woods are on schedule and that Maugansville is slightly behind schedule. He indicated that it is anticipated that all three schools will open on time. Mr. Michael noted that all three schools are within budget. Mr. Rollins provided an overview of the projects and a PowerPoint presentation showing photographs of the schools. The Commissioners asked that a tour of the new schools be scheduled for them in the future. Antietam Academy Update Mr. Michael and Mr. Rollins presented information on the design of a new Antietam Academy. Mr. Michael stated that the Design Committee is currently working with the architect and engineering team on the schematic design of the new facility. He noted that the project received planning approval from the Board of Public Works and the Public School Construction Program. The request for funding will be included in the FY 2010 Capital Improvement Program submitted to the State in the fall. Costs to Relocate Portable Classrooms Mr. Michael provided an update on the relocation of portable classrooms. He stated that the Commissioners approved up to $1.5 million for the relocation and renovation of 18 portable classrooms; however, they received a bid of $800,000 and they anticipate being under budget. High Performance Buildings Act Mr. Michael reviewed information on Senate Bill 208 “High Performance Building Act” which requires new or renovated State buildings and new school buildings to be constructed as high performance buildings under certain circumstances and be considered as “LEED silver certified” standards. The State has agreed to fund up to 50% of the local share of any increased construction costs associated with the high performance buildings in fiscal years 2010 – 2014, dependant upon the State’s annual school construction budget. No additional funding was added to the State’s overall budget for this new funding policy. Revised Pupil Transportation Policy and Regulation Mr. Michael and Ms. Scotto reviewed the school system’s revised transportation policy and regulation. Ms. Scotto stated that the major revision is to only provide students with one consistent bus stop location in the morning and one bus location at the end of the school JULY 15, 2008 PAGE TWO day. She stated that these two stops can be different. Children will be required to ride the bus to which they have been assigned and parents will be required to complete and submit a Transportation Local Change Form if a change becomes necessary. The meeting was opened for questions and discussion. Commissioner Kercheval expressed his concerns about the changes in the policy and felt that they were now too restrictive, and would be harmful to divorced parents with two households or parents with part-time employment. Commissioner Aleshire stated that he feels it will increase traffic problems at schools with limited parking areas by increasing the need for parent drop-off and pick-up. RECESS The Commissioners recessed at 9:50 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 10:20 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 – JULY 8, 2008 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of July 8, 2008 with amendments. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker stated that he recently helped with the tractor pull event held at the Agricultural Education Center. Commissioner Kercheval informed the Commissioners that the Maryland Association of Counties (MACo) Legislative Committee is meeting next week and asked that they advise him of any initiatives they would like submitted for consideration. He suggested that a workshop be scheduled with community leaders and elected officials to discuss the best model to use to attract biotech companies and to educate stakeholders on the challenges and rewards of biotech and life science industries. It was the consensus of the Commissioners to support having the Economic Development Commission staff schedule and organize the meeting. Commissioner Aleshire informed the Commissioners that he was contacted by the MACo staff with regard to the proposed legislative initiatives that he sent to them for consideration. He stated that he attended the monthly meeting of the Western Enterprise Fire Company. Commissioner Aleshire stated that he was disappointed with the list of individuals selected to serve on the Governor’s death penalty coalition. He indicated that there were no representatives from Western Maryland or from any counties other than the five largest counties. Commissioner Barr reported on the PenMar Development Corporation meeting. CITIZENS’ PARTICIPATION Lawrence Hopp raised concerns about an alley near his property and a dispute regarding it with the neighboring property owner. Greg Murray, County Administrator, indicated that the County never accepted the alley. After discussion, Andrew Wilkinson, Assistant County Attorney, informed Mr. Hopp that the County does not have standing to resolve the civil dispute. COUNTY ATTORNEY ISSUES Kirk Downey, Assistant County Attorney, informed the Commissioners that he has requested that staff provide to the County Attorney’s Office requests for legislative initiatives for the 2009 session. REPORTS FROM COUNTY STAFF William Sonnik, Director of Human Resources, requested permission to advertise the position of Senior Plant Operator in the Division of JULY 15, 2008 PAGE THREE Environmental Management. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the request to fill the position of Senior Plant Operator as requested. Unanimously approved. Phil Ridenour, Airport Fire Chief, requested approval of an amendment to Rider Jet Center lease. He stated that Mr. Rider is proposing to construct a 3,750 square foot addition to Hangar 26 and extend the current lease to 2042. Mr. Ridenour explained that the additional space would allow the hangar to accommodate a third Global Express jet. He stated that the lease agreement waives the land rent, with the hangar reverting to the County at the end of the lease in exchange for the developer funding the construction. The County would also benefit from increased fuel sales by keeping these types of businesses at our Airport. Motion made by Commissioner Kercheval, seconded by Aleshire, to amend the lease with Rider Jet Center for Hangar 26 at the Hagerstown Regional Airport to allow the construction of a 3,750 square foot addition and to extend the lease to 2042. Unanimously approved. Michael Thompson, Director of Planning & Community Development, provided an update on the stakeholders meeting that he attended regarding the proposed high voltage power line that may go through a portion of Washington County. Mr. Thompson stated that a route has not been decided upon although a plan is expected to be filed by October. Mr. Thompson informed the Commissioners that MACo Planning Directors met in order to relay their concerns to the State Land Use Task Force. He also noted that a Statewide Transportation Plan is to be implemented by end of the year. CITY OF HAGERSTOWN ANNEXATION REQUEST (A08-03) – STAMPER/DUAL HIGHWAY PROPERTY Michael Thompson, Director of Planning, met with the Commissioners to review annexation request A08-03 from the City of Hagerstown. The property is located on the east side of the Dual Highway adjacent to the Four Points Hotel. Mr. Thompson explained that the requested zoning is consistent with the existing County zoning, and “express approval” for the development of the property is not necessary. Mr. Thompson stated that the property is currently zoned HI-I (Highway Interchange) and the proposed zoning would be C-2 (Commercial General), which is consistent. The applicant is proposing the construction of an office building on 0.92 acres. The meeting was opened for questions. Motion made by Commissioner Kercheval, seconded by Baker, to support staff’s recommendation that the C-2 zoning proposed for City of Hagerstown annexation request A08-03 is consistent with the County zoning. Unanimously approved. CITY OF HAGERSTOWN ANNEXATION REQUEST (A08-04)–PER CCC, LLC The Commissioners reviewed annexation request A08-04 – Per CCC, LLC, from the City of Hagerstown. The property is located on Lot 182 (10,000 square feet), Prospect Place on Harwood Road. The property is an existing lot and the applicant is proposing to construct a single-family home on the site. Mr. Thompson stated that the property is currently zoned RU (Rural Urban) and the proposed zoning would be R-1 (Residential), which is consistent with the existing County zoning and “express approval” for the development of the property is not necessary. The meeting was opened for questions. Commissioner Kercheval stated that while he has no concerns over the annexation of a single lot, he does not believe that the zoning classification is consistent and expressed concerns that the Commissioners would be setting a precedent for larger annexations if they agreed with staff’s recommendations. He suggested the issue would be better resolved by determining the zonings are inconsistent, but granting express approval for the application to avoid any delays. JULY 15, 2008 PAGE FOUR Motion made by Commissioner Kercheval, seconded by Aleshire, to grant express approval to allow the City of Hagerstown Annexation Request A08-04 to be annexed and developed as R-1 due to their finding that the current RU zoning is not consistent with the proposed R-1 zoning requested. Unanimously approved. RISK MANAGEMENT POLICY AND AMENDMENTS TO SAFETY COMMITTEE BY-LAWS Becky Maginnis, Risk Management Administrator, and Brian Overcash, Safety Compliance Administrator met with the Commissioners to request the adoption of a Risk Management Policy and to review amendments to the Safety Committee Bylaws. Ms. Maginnis informed the Commissioners that their goal is to develop a formal safety/risk management program in 2008. Ms. Maginnis reviewed the proposed policy and stated that the goal of the policy is to apply generally accepted risk management principles and techniques to protect the health, safety and welfare of County employees and the citizens they serve as well as property, assets and other resources. She stated that by expanding the current safety compliance program to include risk management, it will help to place the County in the best position to market its insurance needs. Ms. Maginnis noted that they need to establish the four “prongs” of risk management by determining what the risks are, how to manage them, how to control them, and how to measure to see what controls work. Mr. Overcash reviewed the proposed changes to the Safety Committee Bylaws. He stated that to administer the new risk management policy there is a need to increase the role of the Safety Committee by including participation of other County departments. The Bylaws also authorize the appointment of subcommittees to perform accident review, research, analysis, and safety inspections. Mr. Overcash outlined the proposed membership on the Committee. Motion made by Commissioner Kercheval, seconded by Baker, to adopt the Risk Management/Safety Program Policy (RMS-1) as proposed and to approve the requested changes to the Safety Committee Bylaws. Unanimously approved. (Copies of the adopted policies are attached.) RECESS – LUNCH The Commissioners recessed at 11:37 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:04 p.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire and James F. Kercheval. (Commissioner Wivell arrived at 1:08 p.m.) BID AWARD – PAVEMENT MAINTENANCE PROGRAM AND APPROVAL OF BUDGET TRANSFER Motion made by Commissioner Wivell, seconded by Aleshire, to award the bid for the Pavement Maintenance Program, to C. William Hetzer, Inc., which submitted the lowest responsive, responsible bid of $4,240,682.30. Unanimously approved. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve a budget transfer of $429,946.52 from the CIP Contingency to fund the shortfall in the Pavement Maintenance budget. Unanimously approved. HOTEL RENTAL TAX FUND – MUNICIPAL DISTRIBUTION Greg Murray, County Administrator, presented various scenarios regarding distribution of the portion of the Hotel Rental Tax funds that go to the municipalities. Mr. Murray indicated that the Commissioners felt that the funds should be distributed based on population or by the areas in which the tax was collected. The mayors of the various municipalities have recommended that the tax be distributed to their towns based on population. Mr. Murray stated that staff has recommended that quarterly distributions be made with an annual reporting process similar to the Excise Tax to insure proper expenditure of the funds. He reviewed four scenarios for proposed allocations as well as the proposed reporting form. JULY 15, 2008 PAGE FIVE The Commissioners reviewed the four scenarios presented for distribution of the municipal portion of hotel rental tax funds and agreed to Scenario #2 which provides a base amount to each municipality of $15,000 and then distributes the remaining funds using a formula based on population. Commissioner Kercheval also asked that the report forms provide more detail on the projects and that municipalities be current on their excise tax liabilities before disbursements are made. Motion made by Commissioner Kercheval, seconded by Baker, to approve distribution of the hotel rental tax to County municipalities by providing a base amount of $15,000 to each municipality and then calculating the distribution by population, with the funding to be distributed quarterly and to require that detailed annual report forms, created by the County, be submitted to the Budget and Finance Department on how the funds were spent. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Wivell, to convene in closed session at 2:07 p.m. to consult with staff about pending or potential litigation; consult with counsel to obtain legal advice; and consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Kercheval, seconded by Baker, to reconvene in open session at 2:35 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice, consulted with staff about pending or potential litigation, and considered the acquisition of real property for a public purpose and matters directly related thereto. 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; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Joe Kroboth, Director of Public Works; Carolyn Motz, Airport Director; Phil Ridenour, Airport Fire Chief; and Joe Kuhna, Real Property Administrator. RECESS The Commissioners recessed at 2:35 p.m. to travel to the Humane Society’s Shelter for the 3:00 meeting. HUMANE SOCIETY OF WASHINGTON COUNTY – SHELTER TOUR AND PRESENTATION OF OPERATIONS Paul Miller, Director of the Humane Society for Washington County (HSWC), presented a PowerPoint presentation to the Commissioners regarding the history of animal control and the duties of the Humane Society. Mr. Miller stated that the County Commissioners entered into a contractual agreement with the Humane Society of Washington County in 1999 to provide enforcement of the Animal Control Ordinance (ACO). He provided an overview of the components contained in the ACO and the compensation arrangement as contained in the agreement. Mr. Miller stated that programs provided by the HSWC include the pet food bank, CatSnip and DogSnip public assistance spay/neuter programs, Safe Haven, humane education, cruelty investigations, adoptions, disaster and emergency response, volunteer programs, and a therapy dog program. He provided FY 2008 statistics on the animals received by the shelter and those outgoing. Mr. Miller also outlined suggestions for changes to the ACO. After taking questions, the Commissioners were given a tour of the shelter. RECESS The Commissioners recessed at 4:35 p.m. JULY 15, 2008 PAGE SIX PUBLIC INPUT MEETING – DOUB PROPERTY ANNEXATION (A08-02) The Commissioners held a meeting at Hagerstown Community College, Kepler Theater, at 5:10 p.m. to hear public input regarding the annexation request to the City of Hagerstown for the Doub Property (A08-02). Greg Murray introduced Commissioners John F. Barr, Terry L. Baker, James F. Kercheval, and William J. Wivell. He explained that the purpose of the meeting is not whether a shopping center is wanted for this site but to consider whether “express approval” should be granted. Michael Thompson, Director of Planning and Community Development, stated that the annexation request is for a parcel of land consisting of approximately 141.69 acres that is adjacent to the City of Hagerstown. The property is located at the interchange of I-70 and Rt. 40. The Annexation Plan indicates that the owner would like to develop the property as a commercial development consisting of retail, hotels and restaurants with some business/employment consisting of office buildings. Mr. Thompson indicated that no development plans have been submitted for approval; however, a concept plan has been submitted. Mr. Thompson noted that the applicant is requesting C-4 (Regional Shopping Center) for 123.88 acres and POM (Professional Office/Mixed Use) for 17.81 acres upon annexation. The majority of the property is currently zoned HI-2 (Highway Interchange-2) with a small portion zoned HI-1. He stated that, although the Commissioners do not have a formal role in the actual annexation process, they do play a role in how the property is zoned since the proposed zoning is different from that of the existing county zoning. The applicant has requested that the Commissioners grant “express approval” to their request. If the request is granted, the proposed commercial development would be developed under the provisions of the City of Hagerstown zoning regulations immediately upon annexation. However if the Commissioners determine that the granting of “express approval” is not appropriate, the annexation could still take place, but development in a manner contrary to the existing county zoning could not take place for five years. (Commissioner Aleshire arrived at 5:25 p.m.) At this time, the meeting was opened for public comment. The Commissioners heard comments from 15 individuals. The meeting was adjourned at 6:15 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk