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HomeMy WebLinkAbout060822 August 22, 2006 Hagerstown, Maryland CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Nipps, at 8:30 a.m. to convene in closed session to discuss personnel matters relating to the appointment, employment, assignment or compensation of appointees, employees or officials over whom the County Commissioners have jurisdiction; personnel matters that affect one or more specific individuals; to consult with counsel to obtain legal advice on a legal matter; and consider a matter that concerns the proposal for a business or industrial organization 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 Nipps, seconded by Kercheval, to reconvene in open session at 9:00 a.m. Unanimously approved. In closed session, the Commissioners discussed three (3) matters relating to the employment, appointment, assignment, or compensation of appointees, employees or officials over whom the County Commissioners have jurisdiction; personnel matters that affect one or more specific individuals; consulted with counsel to obtain legal advice on a legal matter; and considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State. 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 C. Downey, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Tim Troxell, Director of the Economic Development Commission (EDC); Cassandra Latimer, EDC Marketing Specialist; and Robert Garver, Regional Office of the Department of Business & Economic Development. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:05 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. The meeting was held at the Hagerstown Regional Airport Terminal, 18434 Showalter Road, Hagerstown, due to elevator maintenance at the County Administration Building. 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson distributed copies of an article regarding the dangers of cell phone use while driving and stated that he feels the County should ask the local Delegation to the General Assembly to submit legislation to prohibit it. Commissioner Wivell reminded the Commissioners that there is a vacancy on the Water Quality Advisory Commission. Commissioner Nipps stated that she attended the dedication ceremony for the Smithsburg Branch of the Washington County Free Library. She noted that there is a vacancy on the Historic District Commission. Commissioner Nipps reported on the Maryland Association of Counties Conference. Commissioner Kercheval stated that he attended the dedication for the Smithsburg Branch of the Washington County Free Library and thanked the Department of Public Works staff for their involvement in the project. He reported on the meetings of the Economic Development Commission and Public Golf Corporation. Commissioner Kercheval stated that he met with Secretary Philbrick, Department of the Environment, regarding water and sewer issues. AUGUST 22, 2006 PAGE TWO Commissioner Snook stated that he received correspondence from the State Highway Administration (SHA) regarding resurfacing and safety improvements to MD Route 65. He indicated that SHA also sent a follow-up letter regarding the Edgewood Drive project, stating that it hopes to obtain the necessary rights-of-way by spring 2008. Commissioner Snook informed the Commissioners that the Town of Hancock submitted a grant request to the Department of Natural Resources for Community Parks and Playground for Widmyer Park. He stated that he and John Latimer, IV, Director of Fire & Emergency Services, met with a representative from Allegheny Power regarding power outages. Commissioner Snook reminded the Commissioners that Everybody’s Day at Pen Mar Park is scheduled for August 27 and that C & O Canal Days, Augustoberfest and SpudFest are scheduled for this weekend. Commissioner Snook stated that he was approached by representatives of the Girl’s Softball League to ask if the Commissioners would be willing to allow the Buildings, Grounds, and Parks Department to purchase an infield groomer for softball fields at Kemps Mill Park. He estimated that it would cost $15,000. The League would be willing to repay the funds. The Commissioners discussed the request and asked the County Attorney to draft an agreement for repayment of funds. Motion made by Commissioner Munson, seconded by Nipps, to approve a loan of $15,000 from the Commissioners’ Contingency Fund to purchase an infield groomer for the Kemps Mill Park softball fields to be repaid in three (3) annual installments of $5,000 over a three (3) year period by the Washington County Girls Softball League. Unanimously approved. The Commissioners discussed the request made by the Community Free Clinic for an additional contribution. The Commissioners took the request under consideration WARRANT ENTRY AND SERVICE PROGRAM Motion made by Commissioner Wivell, seconded by Munson, to approve the request to continue the line item for Warrant Entry and Service for grant funds of $17,680 received to provide supplemental manpower resources for the Sheriff’s Department for the service and entry of domestic violence orders. Unanimously approved. GANG ASSESSMENT INITIATIVE GRANT Motion made by Commissioner Kercheval, seconded by Nipps, to approve the grant for Gang Assessment Initiative funds from the Governor’s Office of Crime Control and Prevention in the amount of $15,000 for the period July 1, 2006 through November 1, 2006. Unanimously approved. BID AWARD – BOONSBORO BRANCH LIBRARY Gary Rohrer, Director of Public Works, and Joseph Kroboth, Deputy Director, reviewed the bids for construction of the Boonsboro Branch of the Washington County Free Library. Mr. Rohrer stated that the low bid received was $2,057,000, which was well over the County’s estimated $1,636,000. He explained that the bid contained the following alternates: 1) Reduce the size of the parking lot ($20,000); 2) Deduct for shingled roof versus standing seem steel ($32,000); and 3) Brick veneer versus stone masonry veneer exterior wall ($94,000). Mr. Rohrer stated that they are recommending the alternates be deducted. Mr. Kroboth reviewed a spreadsheet on the project and indicated that actual cash available for the project to date is $1,483,614. He stated that there is potential funding of $730,000 through State, Federal and private sources. If these funds were awarded, total funding for the project would be $2,313,614. Mr. Kroboth estimated that Construction Administration/Management expenses would cost $213,487 that would have to be added onto the project. He stated the deficit based on secured funding as of August 21, 2006 is $753,451.75 and subtracting the alternates would be $607,451.75. The estimated deficit based on secured and non-secured funding would be $23,451.75 or $122,548.25 with alternates. Mayor “Skip” Kauffman stated that the Town is still raising private funds and believes they will have additional funding for the project. He AUGUST 22, 2006 PAGE THREE indicated that they would like to keep the stone veneer for the project. Mr. Rohrer stated that he wanted to check on the legality of negotiating with the contractor for the stone veneer. After discussion, it was the consensus of the Commissioners not to award the bid but to wait to make a decision until they know if there will be additional grant funding from the State Library Construction funding and/or private contributions. PURCHASE OF RIGHT-OF-WAY – MAUGANS AVENUE Motion made by Commissioner Munson, seconded by Kercheval, to approve the purchase of a right-of-way needed for the Maugans Avenue project from Lake Plaza 1989 Limited Partnership at 18726 North Pointe Drive as follows: 3,331 square feet in fee simple, 3,785 square feet in temporary construction easement for the total acquisition cost of $27,800. Unanimously approved. CERTIFICATE OF MERIT – MARSHALL A. MARAVELIS, JR. Commissioner Snook presented a Certificate of Merit to Marshall Marvelis, Jr., in recognition of his exemplary actions in the line of duty on August 1, 2006 when he processed a 911 call for emergency fire dispatch and followed protocols to relay life- saving instructions to a victim trapped in the home. The Commissioners thanked Mr. Marvelis and commended him for his efforts. Mr. Marvelis related the events and thanked the other members of the crew for coordinating the efforts. FLOW TRANSFER AGREEMENT WITH CITY OF HAGERSTOWN Greg Murray, Director of the Water Quality Department, and Kirk Downey, Assistant County Attorney, met with the Commissioners to request approval of a Flow Transfer Agreement with the City of Hagerstown. Mr. Murray stated that the agreement would alleviate challenges the City of Hagerstown faces in light of the Washington County Hospital’s move to the Robinwood Drive campus. The proposed agreement provides for a daily transfer of 120,000 gallons per day to the County. The City Council approved the agreement on August 8. Mr. Murray reviewed the changes in language made to the agreement. The meeting was then opened for questions. Motion made by Commissioner Munson, seconded by Kercheval, to approve the Flow Transfer Agreement with the City of Hagerstown for transfer of flows from the City of Hagerstown’s Wastewater System to Washington County’s Wastewater System in an amount equivalent to that approved for the new Washington County Hospital. Unanimously approved. REPORTS FROM COUNTY STAFF Robert Graff, Assistant Director of Buildings, Grounds, and Parks, provided an update on the elevator project in the County Administration Building and the reason for the delays. He stated that they hope to complete the project by the end of September or beginning of October. (Commissioner Wivell was excused at 10:20 a.m.) CITIZENS PARTICIPATION Gary Wolf stated that he would like the County to continue to maintain Roberts Road and asked what improvements would have to be made for it to be accepted into the County roads system. He explained that it is a private road and the residents are having a dispute regarding improvements and ownership. Commissioner Snook asked that residents meet with the Department of Public Works staff to review procedures and standards to be met for the County to accept this road. Harry Powers, also of Roberts Road, informed the Commissioners that there are nine homes along the road and seven residents would like it to be upgraded and accepted into the County system and two do not. He stated that they are concerned that the County does not want to continue to maintain the road. Commissioner Snook asked Mr. Wolf to act as the County’s contact for residents. AUGUST 22, 2006 PAGE FOUR REAPPOINTMENT – FIRE & RESCUE COMMUNICATIONS ADVISORY COMMITTEE Motion made by Commissioner Munson, seconded by Nipps, to waive the two-term limit policy and reappoint Milton Bloom, III to the Fire & Rescue Communications Advisory Committee for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that there have been changes in the Commissioners’ meeting schedule and that there would now be a meeting held on September 5. The meeting planned for September 12 has been cancelled. COUNTY ATTORNEY ISSUES Kirk Downey, Assistant County Attorney, reminded the Commissioners that they would have to begin compiling legislative requests for 2007 in the near future. REPORTS FROM COUNTY STAFF - CONTINUED Motion made by Commissioner Nipps, seconded by Kercheval, to approve filling a Maintenance Equipment Operator (MEO) II vacancy at the Highway Department. Unanimously approved John Latimer, Director of Fire & Emergency Services, provided an update on the pandemic flu exercise that was held yesterday by the Health Department. Mike Thompson, Director of Planning, informed the Commissioners that the City of Hagerstown would be holding a hearing tonight regarding changes to their Adequate Public Facilities Ordinance (APFO). He stated that the Planning staff found the changes to be consistent with the County’s Ordinance and he reviewed the changes that would be considered. Norman Bassett, Public Information Officer, informed the Commissioners that public information from the County is now featured on I-Tunes and Blogspot.com. PROPOSAL FOR ELDERLY HOUSE PROJECT IN MAUGANSVILLE John Schuster, Jr., representing Greenspring Housing LP and SIS Properties, LLC, stated that he would like to build a 24-unit elderly housing facility for low and moderate income seniors adjacent to his Greenside Apartments in Maugansville. Mr. Schuster explained that all occupants would be required to be 62 years of age or older. He also reviewed the income levels to be served and the estimated rental payments. Mr. Schuster requested that the Commissioners enter into a PILOT (payment in lieu of taxes) Agreement similar to the one the County approved for Hagerstown Robinwood Senior Associates. He also asked that they confirm that elderly housing developments are 70% exempt from the excise tax. Mr. Schuster also requested that the Commissioners provide a Resolution of Support to the Maryland Department of Housing and Community Development. The meeting was then opened for questions. The Commissioners agreed to take the request under consideration and place the matter on next week’s agenda for a decision. REZONING MAP AMENDMENT RZ-06-008 (JOEL KNIGHT) Kirk Downey, Assistant County Attorney, informed the Commissioners that Joel Knight, the applicant for rezoning case RZ-06-008, wishes to amend his pending rezoning application to seek a lesser-intensity zoning classification. Mr. Downey explained that the applicant originally sought a reclassification from A-Agriculture to BG-Business General. The applicant has now obtained legal counsel and wishes to amend his application to request a BT-Business Transitional classification, which he believes to be more compatible with the surrounding neighborhood. Mr. Downey stated that if the request is granted, another hearing would be scheduled to consider the amended request. It was the consensus of the Commissioners to recommend that Mr. Knight withdraw the request and re-file. They agreed to give him credit for application fees that he has already paid but require him to pay the difference between the previous and current application fees. AUGUST 22, 2006 PAGE FIVE RECOMMENDATIONS FOR EQUITY AND LAND PRESERVATION IN RURAL AREAS Eric Seifarth, Land Preservation Administrator, and Holly , Thibault, Land Preservation Plannermet with the Commissioners to discuss the Board of County Commissioners’ Goal #1 for 2006 – Present Recommendations for Equity and Land Preservation in the Rural Areas by August. Mr. Seifarth reviewed the land preservation funding programs that are currently available and reviewed the average easement value per acre from FY 2002 through 2006. Commissioner Snook noted that the price per acre in the rural areas has increased following the comprehensive rezoning. Mr. Seifarth made the following recommendations: Equity – acquire additional appraisals in the EC and Preservation zoning districts to better compare land values. Work with the Agricultural Land Preservation Advisory Board to evaluate possible priority easement ranking programs if it is determined that there are areas with a disparity in values. Land Preservation in Rural Areas – 1) Determine a timetable to achieve the goal of 50,000 in permanent easements. 2) Continue to maximize all match fund programs. 3) Consider new LESA soils evaluation system and points system to allow for building large blocks of permanent preservation. 4) Continue to work with Land Trusts to acquire donated easements. 5) Finalize selection of consultant for Transferable Development Rights (TDR) and work with other agencies and counties to design a program that will help to preserve prime agricultural land, and to allow for possible equity adjustments. Mr. Seifarth reviewed the TDR schedule. He stated that they hope to issue a notice to proceed in September with the final report due 120 calendar days following the notice. He indicated that they plan to finalize the consultant selection tomorrow. Mr. Seifarth also reviewed miscellaneous issues including the Mennonite community, which does not participate in the programs, and future funding issues. He stated that there is strong support from property owners for preservation programs and noted that the current demand for easement purchase exceeds $60 million. The meeting was then opened for questions. Motion made by Commissioner Munson, seconded by Nipps, to approve the recommendations presented to allow staff to proceed with the programs as outlined. Unanimously approved. DONATED CONERVATION EASEMENT – STANLEY AND SALLY JO BOWSER Eric Seifarth introduced Peter Vorac, Executive Director of the Mid-Maryland Land Trust Association (MMLTA), who asked the Commissioners to approve the use of local Agricultural Transfer Tax Funds in the amount of $14,300 for administrative and settlement costs for an agricultural easement being donated by Stanley and Sally Jo Bowser. He stated that the Commissioners recently entered into an agreement with the Mid-Maryland Land Trust to pay certain administrative and settlement costs for donated easements. The 100-acre easement is located at 2056 McFarland Road. Motion made by Commissioner Munson, seconded by Nipps, to approve the use of Agricultural Transfer Tax Funds for administrative and settlement costs for an agricultural easement being donated by Stanley and Sally Jo Bowser. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:50 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 12:55 p.m. by President Gregory I. Snook, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. AIRPORT UPDATE Carolyn Motz, Airport Manager; Phil Ridenour, Airport Fire Chief; Greg Larsen, Business Development Manager; and Ed Rakowski, Security Coordinator met with the Commissioners to present an update on current and future projects at the airport and organizational procedures. AUGUST 22, 2006 PAGE SIX Ms. Motz reviewed the Mission Statement of the Airport and stated that their priorities are safety, security, and service. She outlined the advancements that have taken place since 1995 and reviewed the Airport Layout Plan. Mr. Ridenour reviewed the safety and emergency plan for the Airport, and Mr. Rakowski reviewed the security program. Mr. Larsen outlined the business development that has occurred at the Airport service for the period 2002-2006, and current projects including the runway improvement program. He stated that the future is bright for business development at the Airport. Hal Lucas, General Manager of Sierra Nevada Corporation, outlined his plans for expansion at the Airport. CONVENE IN CLOSED SESSION Motion made by Nipps, seconded by Kercheval, at 3:47 p.m. to convene in closed session to consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and to 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 OPEN SESSION Motion made by Commissioner Munson, seconded by Kercheval, to reconvene in open session at 3:20 p.m. Unanimously approved. In closed session, the Commissioners considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State; considered one matter relating to the acquisition of real property for a public purpose and matters relating thereto; and consulted with counsel to obtain legal advice on a legal matter. Present during closed session were Commissioners Gregory I. Snook, James F. Kercheval, John C. Munson and Doris J. Nipps. Also present at various times were John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Cassandra Latimer, EDC Marketing Specialist; Carolyn Motz, Airport Manager; Greg Larsen, Airport Business Development Manager; Ed Rakowski, Airport Security Coordinator; Phil Ridenour, Airport Fire Chief; Mahesh Kukata, County Airport consultant; and Airport Advisory Commission Members Thomas Henderson, Gordon Crabb, and Wayne Alter. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 3:20 p.m. At this the Commissioners toured the Airport facility and grounds. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk