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HomeMy WebLinkAbout060228 February 28, 2006 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:15 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, and Doris J. Nipps. Commissioner Munson was absent. 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 – FEBRUARY 21, 2006 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of February 21, 2006, as submitted. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell reported on the Board of Social Services meeting. Commissioner Kercheval informed the Commissioners that he attended the Greater Hagerstown Committee meeting. He stated that he spoke at the Home Builders Association meeting on several school capacity and flow transfer issues. Commissioner Kercheval reported on the joint meeting of the County and City Planning Commissions. He stated that the City provided updates on several projects and a review of their Comprehensive Plan and annexations. The Commissioners also discussed the City’s proposed R. Paul Smith Boulevard and realignment of Howell Road and how it would align with the County’s planned improvements to the Mt. Aetna Road/Route 40 intersection. Commissioner Kercheval reported that he attended Annual Business Awards banquet. Commissioner Nipps reported on the Community Action Council Board meeting and the Business Awards banquet. She stated that she attended the joint Greater Hagerstown Committee/ Chamber of Commerce/CHIEF meeting to hear the report on the “Day in Annapolis.” Commissioner Snook reported on the bills reviewed at the MACo Legislative Committee meeting. He informed the Commissioners that they were invited to the 2006 County Roundball Classic to be held on March 17. Commissioner Snook stated that he received a copy of the feasibility study regarding the proposal to add wet labs at Hagerstown Community College. REPORTS FROM COUNTY STAFF Joe Kuhna, Real Property Administrator, asked the Commissioners to consider selling the French Lane property that was given to the County. Mr. Kuhna stated that the property consists of 4.5 acres with a historic dwelling on it. Commissioner Nipps indicated that the sale is supported by the Historic District Commission and Historical Advisory Board. Mr. Kuhna stated that the property would be subdivided. After discussion, it was the consensus to authorize staff to subdivide the property and advertise it for sale. Commissioner Wivell abstained from the vote. REVISED LIVABILITY CODE Daniel DiVito, Director of the Permits & Inspections Department, Kathy Kroboth, Zoning Administrator, and Ramiro Ramos, Zoning Inspector, met with the Commissioners to review the proposed revisions to the Livability Code. Mr. DiVito stated that this is the first major revision of the Code since its adoption in 1988. He noted that the Code governs the minimum requirements for a residence. Mr. DiVito and Mr. Ramos then reviewed the requested changes. Richard Douglas, County Attorney, stated that these changes do not require a public hearing. Mr. Ramos provided information on the process used by the inspectors when they receive a complaint from a tenant. The Commissioners requested minor revisions to the Code. After discussion, it was the consensus of the Commissioners to hold a public hearing on the Livability Code prior to adopting the requested revisions. Mr. DiVito informed the Commissioners that Washington County has been recognized nationally and that Angela Smith, Deputy Director of Permits, FEBRUARY 28, 2006 PAGE TWO has been invited to speak at a conference in Texas to outline how the County implemented its Accela wireless program so quickly. CITIZENS’ PARTICIPATION Tamara Osterman, Government Affairs Director for the PenMar Association of Realtors, thanked the Commissioners for taking the Livability Code to public hearing. She stated that the Code should assure that a landlord is given appropriate notice of violations. Harry Saufley expressed concerns about the traffic congestion in the Brightwood Acres area that is due to development and the additional traffic problems that the hospital relocation could cause. Commissioner Snook outlined the current projects in the area that they hope will address his concerns. Mr. Saufley also stated that he is concerned about rising property assessments and asked that relief be given to senior citizens who are on fixed incomes. APPROVAL OF REVISED WESTFIELDS AGREEMENT Richard Douglas, County Attorney, reviewed the changes made to the agreement proposed by Westfields. Mr. Douglas then highlighted the substantive changes made since the February 14 meeting. The meeting was then opened for discussion. After making minor revisions, it was the consensus of the Commissioners to approve the agreement. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the APFO agreement with Westfields as revised. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioner Wivell voting “NO.” (A copy of the approved agreement is attached.) COUNTY ATTORNEY ISSUES Richard Douglas, County Attorney, informed the Commissioners that Senator Munson has asked the Commissioners to take a position on a Senate Bill 475 which would offer an option to local correctional officers to participate in the State retirement system for correctional officers. After discussion, it was the consensus not to support the bill. Mr. Douglas provided an update on House Bill 1065 which would cap assessments in the County at 5 percent. He stated that Delegate Griffith has asked for support for House Bill 672 establishing certain offenses and penalties in association with gangs. The Commissioners took this under consideration pending review. REAPPOINTMENT – DISABILITIES ADVISORY COMMITTEE Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint Sondra Funk to the Disabilities Advisory Committee for a three-year term extending to November 30, 2008. Unanimously approved. APPOINTMENT – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Linda Irvin-Craig to the Fire & Rescue Communications Advisory Board for a three-year term. Unanimously approved. APPOINTMENT – AREA AGENCY ON AGING ADVISORY COUNCIL Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Lorna Thomas to the Area Agency on Aging Advisory Council to fill the unexpired term of Cynthia Earle which extends to January 31, 2007. Unanimously approved. RESOLUTON GRANTING EXTENSION OF TIME FOR MUNICIPALITIES TO ADOPT ADEQUATE PUBLIC FACILITIES ORDINANCES Richard Douglas, County Attorney, stated that the Board of County Commissioners adopted a resolution on January 10, 2006, granting an extension of 120 days for municipalities to adopt adequate public facilities ordinances (APFOs) in compliance with the County APFO as required by the Building Excise Tax Ordinance and Section 2-701 of the Code of Public Local Laws. This would allow the municipalities to receive the municipal share of the building excise tax. Mr. Douglas stated that the time will run out as of May 1, 2006. He asked that the FEBRUARY 28, 2006 PAGE THREE Commissioners grant the extension of the deadline to allow them to revise or adopt a compliant ordinance. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt a resolution to extend the deadline to Washington County municipalities to 180 days in order to allow additional time for adoption of a town APFO that is in compliance with the County ordinance, and repeal the previous resolution adopted on January 10, 2006. Unanimously approved. (A copy of Resolution RS-06 __ can be found in the County Commissioners’ office.) BOONSBORO REDEVELOPMENT AREA RESOLUTION Richard Douglas, County Attorney, stated that Boonsboro’s Mayor and Council have adopted a resolution to designate a “redevelopment area” within the meaning of the County Building Excise Tax Ordinance. This would make construction in the area exempt from the tax in commercial or “TC”-Town Center zoned areas. The request includes both commercial and residential properties. Charles “Skip” Kauffman, Mayor of Boonsboro, stated that they want to extend the downtown center and hope that this action will encourage people to renovate in the downtown area. The meeting was then opened for question and discussion. The Commissioners noted that any excise tax credits would be limited to the areas noted on the maps provided and that the Town would need to come back to the Commissioners should they wish to expand this designation in the future. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the Town of Boonsboro’s action to designate a redevelopment area qualifying for building excise tax credits in accordance with Sections 2(r) and 5(g) of the Washington County Building Excise Tax Ordinance, with clarifications. Unanimously approved. (A copy of Resolution RS-06 __ can be found in the County Commissioners’ office.) CONTRACT AWARD – PEOPLESOFT PEOPLETOOLS VERSION V8.47 UPGRADE SERVICES Motion made by Commissioner Kercheval, seconded by Nipps, to award the contract to provide training and upgrade services for the PeopleSoft PeopleTools V8.47 to Maximus, which submitted the lowest responsive, responsible bid of $34,000. Unanimously approved. RECESS – LUNCHEON WITH WASHINGTON COUNTY MUSEUM OF FINE ARTS BOARD OF DIRECTORS The Commissioners recessed at 11:27 a.m. in order to attend a luncheon sponsored by the Board of Directors of the Washington County Museum of Fine Arts. William Plavcan, President of the Board, outlined the Museum’s activities in th FY 2006 and the events planned for the Museum’s 75 anniversary celebration in FY 2007. The Museum’s budget request for FY 2007 is $215,000. 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, and Doris J. Nipps. COURT HOUSE RENOVATION PROJECT – PRISONER ELEVATOR & ACCESS RAMP Gary Rohrer, Director of Public Works, and Gary Pozzouli, Project Manager, met with the Commissioners to request authorization to proceed with the prisoner elevator and access ramp under the terms of a “Construction Change Directive.” Mr. Rohrer provided background information on the project and stated that the addition of a prisoner transport elevator required a major change in the scope of the original contract. Also included in the redesign is a new ramp to the elevator and a snow melt system, which will reduce the County’s liability. He recommended that the Commissioners exercise the County’s right under the terms of the contract and authorize the issuance of a “Construction Change Directive” to the contractor to proceed with the work while the issue of compensation is being resolved. He indicated that a formal change order would be issued when it is resolved. Mr. Rohrer reviewed the additional work required and stated that the recommended amount of the Construction Change Directive for the elevator FEBRUARY 28, 2006 PAGE FOUR is $540,363. The contractor’s proposal is for $655,576. He stated that Judge Fred Wright has secured $250,000 in State contributions toward the elevator. The recommended Construction Change Directive for the access ramp is $121,134 and for the Snow Melt system is $25,846. The meeting was then opened for questions and discussion on the recommendation. The Commissioners discussed the proposal and asked Mr. Rohrer to contact Judge Wright to see if additional State grant funding could be acquired for the project. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the Construction Change Directive for the Court House Renovation Project – Prisoner Elevator and Access Ramp, and the requested funding for FY 2007 for the additional projects, as requested. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 2:00 p.m. to consult with counsel to obtain legal advice and discuss personnel matters relating to the appointment of individuals to boards or commissions over which the Commissioners have jurisdiction and any other personnel matter affecting one or more 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 Kercheval, seconded by Wivell, to reconvene in open session at 2:48 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on two (2) matters and discussed personnel matters relating to the appointment of individuals to boards or commissions over which the Commissioners have jurisdiction. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk. APPOINTMENTS – GAMING COMMISSION AND PLANNING COMMISSION Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Mary Ann Burke to the Gaming Commission for a two-year term and to appoint Clint Wiley to the Planning Commission for a five-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Attorney, informed the Commissioners that Allegheny Energy has applied to run a 500 KV line from Williamsport to Beddington. He also reminded the Commissioners of the budget workshop scheduled for Thursday, March 3 at 8:30 a.m. RECESS The Commissioners recessed at 2:51 p.m. EVENING SESSION – TOWN OF FUNKSTOWN The evening session was called to order at 7:00 p.m. at the Funkstown Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President William J. Wivell and Commissioner James F. Kercheval. Also present were Funkstown Mayor Robert Kline, Vice Mayor Paul Crampton, and Council members Robert Rodgers, John Phillips, Kim Ramer, and Richard Nigh. Tax Setoff - Funkstown Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. Commissioner Snook stated that, for fiscal year 2006, Funkstown would receive $6,057. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook informed the town officials that their employees are welcome to participate in any of the safety training sessions sponsored FEBRUARY 28, 2006 PAGE FIVE by the County. Commissioner Snook briefly discussed State Program Open Space (POS) funding. Commissioner Snook thanked the town for adopting an adequate public facilities ordinance to address school capacity issues caused by growth in the towns. The Commissioners then discussed items of interest to the town officials and citizens in the area, including permits and inspections, the status of the Funkstown bypass, school capacity issues, property tax relief, and traffic congestion in the Funkstown area. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 8:10 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk