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HomeMy WebLinkAbout060926 September 26, 2006 Hagerstown, MD 21740 The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:45 a.m. by President Gregory I. Snook with the following members present: Vice president William J. Wivell, Commissioners James F. Kercheval, John C. Munson and Doris J. Nipps. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway 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. APPROVAL OF MINUTES – SEPTEMBER 18 & 19, 2006 Motion made by Commissioner Kercheval, seconded by Munson, to approve the minutes of September 18 and 19, 2006. Unanimously approved. PRESENTATION OF AWARDS – SHERIFF CHARLES MADES Sheriff Charles Mades presented the following officers with campaign ribbons for their uniforms in recognition of their receiving Deputy of the Year awards as presented by the Maryland Sheriffs’ Association: Colonel Douglas Mullendore (1982 and 1996); Major Randy Wilkinson (1989); Lt. Terri Blair (2004); Lt. Dennis Minnick (2005); DFC Ann Churchey (2005) and Deputy Ben Jones (2006). He also recognized DFC Joe Barnhart who received honorary mention as Detention Officer of the Year. Each individual shared the event that led to their selection for the award. Sheriff Mades then awarded Deputy Todd Kerns with the J. H. Cover Taser Medal of Valor for Non-Lethal Force. Sheriff Mades recognized the promotions of Lt. Dennis Minnick and Sgt. Nancy Stouffer. He then presented awards to each of the County Commissioners, County Administrator Rodney Shoop and David Hankinson, Director of Human Resources, naming them honorary deputies in appreciation of their support of the Sheriff’s Office. Commissioner Snook thanked Sheriff Mades and his staff for the dedicated workforce at the Sheriff’s Department. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson requested an update on the status of the elevator repairs at 100 West Washington Street. Gary Rohrer, Director of Public Works, informed the Commissioners that he received a proposal to address the cave-in and will review it with staff and make a recommendation as soon as possible. Commissioner Nipps reported on the Airport Advisory Commission meeting. Commissioner Wivell reported on the Department of Social Services Board meeting. He stated that information he received on the excise tax collection showed that it is currently $2 million under budget with a potential $6 million shortfall. Rodney Shoop, County Administrator, stated that Debra Murray, Director of Finance, would be providing an update on the budget later in today’s meeting. Commissioner Kercheval informed the Board that he spoke to the Hagerstown Community College (HCC) Government Class. He reported that the Local Management Board met last week. He also stated that he attended the Chamber of Commerce mixer at HCC. Commissioner Snook stated that the Health Department has sent out postcards reminding citizens to be prepared for the flu season and providing tips on the prevention of spreading germs. He reported on the University System of Maryland-Hagerstown Advisory Board (USM-H) meeting. He asked if the Board would consider giving $25,000 to USM-H scholarship fund for Washington County students for FY 2007. Commissioner Snook stated that a survey completed by Manpower shows that 53% of companies in the area plan to hire additional employees this quarter. Motion made by Commissioner Nipps, seconded by Wivell, to contribute $25,000 to the University System of Maryland- Hagerstown scholarship fund SEPTEMBER 26, 2006 PAGE TWO for Washington County residents, with funds to be taken from the Commissioners’ Contingency Fund. Unanimously approved. NATIONAL PIKE FESTIVAL AND WAGON TRAIN Laura Bowman, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 18-20, 2007 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. It was the consensus of the Commissioners to approve funding from the Commissioners’ Contingency Fund to pay overtime costs for two Sheriff’s deputies for the National Pike Festival on May 19 and 20, 2007 and to include them on the County’s event insurance coverage. BID AWARD - - BOONSBORO BRANCH LIBRARY Gary Rohrer, Director of Public Works, Mary Baykan, Director of the Washington County Free Library; and Charles “Skip” Kauffman, Mayor of Boonsboro, met with the Commissioners to discuss the bid award for construction of the new Boonsboro Branch Library. Ms. Baykan stated that the Town has raised $1,583,614.15 to build the library and has another $430,000 in firm pledges. They requested that the Commissioners proceed to award the bid even though there is still a budget deficit. Mayor Kauffman stated that the Library Committee would continue its fundraising activities through the construction phase if necessary to raise the remaining balance. Mayor Kauffman stated that the Town would like to retain the stone masonry veneer and standing seam steel roof on the building as included in the base bid. He noted that additional Program Open Space monies were secured to fund the parking lot. Commissioner Snook complimented the Mayor and Town residents for their efforts in providing additional funding. The meeting was then opened for questions. Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for construction of the Boonsboro Branch Library to Callas Contractors, which submitted the low responsive, responsible base bid of $2,057,000. Unanimously approved. APPROVAL OF GRANT AWARDS - MARYLAND TRANSIT ADMINISTRATION GRANT AGREEMENTS Motion made by Commissioner Nipps, seconded by Wivell, to approve the following grant agreements with the Maryland Transit Administration: 1) Small Urban Area Public Transportation Operating Grant from the Maryland Transit Administration for Fiscal Year 2006 for 75% of the estimated net project cost or $669,739, whichever is less, with the County share of approximately $443,880, which is budgeted as part of the Transportation Department’s budget; 2) to approve a Grant Agreement with the Maryland Transit Administration for FY 2007 to assist in providing transportation services to persons with disabilities for the approved net project cost of $209,600. The County will be required to provide local public funds of $21,500; 3) to approve the Agreement with the Maryland Transit Administration for FY 2007 Statewide Special Transportation Assistance Program (SSTAP) grant funding in the amount of $146,917, seventy-five percent of the net project cost, to assist in providing transportation services to elderly persons and persons with disabilities, with the County providing up to $48,972 in local public match through in-kind services; 4) to approve the Agreement through the Maryland Transit Administration to assist the County to provide transportation service under the Job Access and Reverse Commute program for FY 2007 in the amount of $38,211, State funds of $33,002, and local funds of $109,375 as provided by the Washington County Department of Social Services; and 5) to approve the Capital Grant Agreement from the Maryland Transit Administration (FY 2007) to assist in the purchase of three 30-foot buses with lifts; shop equipment, rehabilitate electronic fareboxes, and facility rehabilitation and preventative maintenance in the amount of $526,400 for the net project cost, with the County to provide local funds for the project in the amount of $65,800. Unanimously approved. SEPTEMBER 26, 2006 PAGE THREE PRESENTATION OF “KNOW YOUR COUNTY” BOOKLET - LEAGUE OF WOMEN VOTERS Monda Sagalkin and Donna Smith, representing the Washington County League of Women Voters, appeared before the Commissioners to present them with the updated “Know Your County” booklet. Ms. Sagalkin stated that the booklet would be updated again in two years. She also provided a CD of the booklet that can be downloaded to the County’s website. Ms. Smith thanked the Gaming Commission for providing the funding for printing costs. Commissioner Snook thanked the League for their hard work on this project. CITIZENS’ PARTICIPATION There was no one present who wished to participate. REAPPOINTMENT – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Wivell, seconded by Munson, to reappoint David Wiles to the Historic District Commission for a three-year term. Unanimously approved. REAPPOINTMENT – ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Munson, seconded by Nipps, to waive the two-term limit policy and reappoint Julie Barr-Strasburg to the Advisory Commission to the Board of Health for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, thanked Tara Reilly, The Herald Mail, reporter for for her article on his upcoming retirement. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the State has given its approval on the Marble Quarry Road bridge replacement. He then provided updates on current road and bridge projects. Mr. Rohrer stated that the State has scheduled the Edgewood Drive/Route 40 project for advertisement in December 2007 with completion in 2009. John Latimer, IV, Director of Fire & Emergency Services, announced that the Williamsport Volunteer Fire Company and Williamsport Emergency Services Company voted last night to consolidate/merge operations as of January 1, 2007. He informed them that the Washington County Volunteer Fire & Rescue Association voted to provide full gaming funding to both companies even after the consolidation. Commissioner Snook stated that he was in attendance at the meeting and informed both companies that it was the Commissioners’ intent to continue to distribute Senator William H. Amoss funds to them as they presently do and would consider providing a one-time payment for transitional costs relating to the merger. Debra Murray, Director of Finance, provided an update on the County’s audit. She stated that preliminary information on the General Fund budget shows a surplus of $16.7 million. Ms. Murray noted that the fund balance would increase $6.7 million and that cash reserves will meet the stated 17% goal. She indicated that an adjustment of $4.2 million to the Capital Improvement Program (CIP) fund for FY 2006 project funding was made for shortfalls in excise tax and the remaining the $5.8 million is designated for a projected shortfall in housing starts in the FY 2007 budget. The meeting was then opened for questions. VISIT FROM SECRETARY AUDREY SCOTT - MARYLAND DEPARTMENT OF PLANNING Secretary Audrey Scott from the Maryland Department of Planning (“MDP”) visited with Commissioners. Secretary Scott stated that she wanted to take time to meet with “clients” and hear their concerns. She indicated that the MDP promotes planned growth and wants to assure that regulations are in place so the vision will not be compromised. Secretary Scott outlined the services provided by her department, including technical assistance to counties, helping to develop comprehensive plans, model ordinances, guidelines, and acting as a data center. She complimented Eric Seifarth, Agricultural Planner, and the County for its preservation efforts and informed the Commissioners that Washington County is fourth in the State in the percentage of agricultural land preserved. She also SEPTEMBER 26, 2006 PAGE FOUR noted that MDP is now responsible for the Maryland Historic Trust programs. Secretary Scott also spoke regarding House Bill 4011, revitalization efforts, and the “priority place” program. The meeting was then opened for questions from the Commissioners. Commissioner Snook thanked Secretary Scott for her visit and for the recent Rural Legacy funding that was received by the County. RECESS – LUNCH The Commissioners recessed at 11:55 a.m. for lunch with Secretary Scott. AFTERNOON SESSION The afternoon session was called to order at 1:25 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. CONTRACT AWARD – AVIATION ENGINEERING SERVICES Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for aviation engineering services to URS Corporation, contingent upon FAA approval, for a two-year period with an option to renew for up to three (3) consecutive one-year periods. Unanimously approved. BID AWARD – IMPROVEMENTS TO THE SHARPSBURG WATER TREATMENT PLANT & BUDGET TRANSFER REQUEST Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for improvements to the Sharpsburg Water Treatment Plant to Callas Contractors, Inc., which submitted the lowest responsive, responsible bid of $1,307,000, contingent upon approval from the Maryland Department of the Environment, and to approve a budget transfer request of $232,400 from Account No. 38-41010-LIN003, $82,184 from Account 38-41010- LIN004 and $50,000 from Account No. 38-41010-TRP001 to Account No. 38-4010-TRP-014. Unanimously approved. REZONING APPLICATION RZ-06-009 Kirk Downey, Assistant County Attorney, reviewed map amendment RZ-06-009, submitted by Pennsylvania Avenue 2003, LLC to rezone the 0.47 acres of land located 1,000 feet east of the intersection of U.S. Route 11 and North Pointe Drive from RS- Residential Suburban to BG-Business General. The application was discussed at the September 19, 2006 meeting. Mr. Downey stated that the Planning Commission recommended that the request for rezoning be granted based on a change in the character of the neighborhood. Motion made by Commissioner Wivell, seconded by Munson, to grant rezoning request RZ-06-009 from RS- Residential Suburban to BG- Business General based upon a change in the character of the neighborhood and to adopt the Findings of Fact and Articulation of Reasons as set forth in the report of the County Attorney. Unanimously approved. (The adopted Findings of Fact for RZ-06- 009 are attached.) AWARD OF COMMUNITY DEVELOPMENT FUNDS Kathy Saxman, Project Manager for the Washington County Community Partnership for Children and Families (WCCP), informed the Commissioners that they recently reviewed concept applications from the community for an award of $25,000 in Community Development Funds that are available to community- based organizations to promote State results for “Stable & Economically Independent Families,” “Children Safe in Their Families and Communities,” “Babies Born Healthy,” and “Children Entering School Ready to Learn.” Ms. Saxman reviewed the programs recommended by the WCCP for the funding. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the award of $25,000 in Community Development Funds as recommended: Head Start of Washington County - $4,340 for “Ages and Stages Social and Emotional Questionnaire” training; Otterbein United Methodist Church in partnership with the Family Center/Teen MOPS - $825.00 for “MOPS Program for Teenage Mothers,” Boys and Girls Club of Washington County in partnership with Otterbein United Methodist Church – $9,308 for provision of an After School Program for children in the community, Children In SEPTEMBER 26, 2006 PAGE FIVE Need - $1,342 to assist in stocking their warehouse with school clothing and supplies,” Washington County Health Department - $3,480 for recruitment and training of 10 volunteers who will serve as Court Appointed Special Advocates for 10-15 children who are victims of adjudicated Child In Need of Assistance case of abuse or neglect, Community Action Council - $5,705 for the provision of the FLITE program. Unanimously approved. APPROVAL OF QUIT CLAIM – DIVISION STREET Motion made by Commissioner Munson, seconded by Wivell, to have staff further research the request to transfer a portion of an undeveloped roadbed referred to as Division Avenue on an old plat to the adjacent property owners to determine if the said property could be sold by the County as a building lot. Motion carried with Commissioners Munson, Wivell, Nipps, and Snook voting “AYE” and Commissioner Kercheval voting “NO.” CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Nipps, at 2:05 p.m. to convene in closed session to discuss personnel matters relating to the appointment, employment or assignment of appointees, employees or officials over whom the County Commissioners have jurisdiction; personnel matters that affect one or more specific individuals, and consult with counsel to obtain legal advice on a legal matter 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 Nipps, to reconvene in open session at 2:30 a.m. Unanimously approved. In closed session, the Commissioners discussed two (2) matters relating to the appointment, employment, or assignment of appointees, employees or officials over whom the County Commissioners have jurisdiction; and personnel matters that affect one or more specific individuals, and consulted with counsel to obtain legal advice on a legal matter. 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; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; and Dan DiVito, Director of Permits and Inspections. APPOINTMENTS - PLUMBING BOARD Motion made by Commissioner Nipps, seconded by Munson, to appoint Michael Johnson and David Hutzler to the Plumbing Board for three-year terms and to appoint William Tweed as an Alternate on the Plumbing Board for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 2:30 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk