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HomeMy WebLinkAbout061010 October 10, 2006 Hagerstown, MD 21740 The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:45 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 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the Light the Night Walk for Leukemia, several candidate forums, and the ribbon-cutting ceremony at Volvo Powertrain/Mack Trucks for the new transportation training classes sponsored by Hagerstown Community College (HCC). Commissioner Wivell reported on the PenMar Development Corporation Board meeting. Commissioner Munson informed the Commissioners that he received numerous telephone calls regarding the incorrect Bay Restoration Fee invoices that were mailed last week. He stated that the Office of Budget and Finance would be sending out corrected invoices later in the week. Commissioner Nipps reported on the Recreation & Parks Board meeting and stated that HCC has asked to change its Program Open Space funding request. She also reported on the Historic District Commission meeting. Commissioner Snook informed the Board that he received a letter from the Hancock Rescue Squad requesting that the Commissioners waive the building permit fee for the renovation at their facility. He asked if one of the Commissioners could attend the Mayor’s Task Force on Homelessness on October 25 on his behalf. Commissioner Snook stated that the Salvation Army’s kettle kickoff is scheduled for November 22. He indicated that he had received a letter from the Maryland Department of the Environment that Maryland Paper Company is installing a new boiler. The Commissioners agreed not to request a public information meeting for this project. Commissioner Snook informed the Commissioners that the Town of Boonsboro would be holding a public hearing regarding the proposed annexation of 35.8 acres. He reminded the Commissioners that the Mummer’s Day Parade is scheduled for October 28 with line up at 5:30 at the Alsatia Club. Commissioner Snook reported on the Maryland Association of Counties Executive Board meeting and stated that they currently have five legislative initiatives for 2007, but want to narrow the list to four. The current list includes budget security, circuit court funding, cost of living, local health formula, and school construction funding. Daily Record Commissioner Snook stated that the reported that Maryland’s economy created 39,000 jobs in the first six months of 2006. He also noted that Carroll County will be voting on a possible change to home rule government during this year’s election. WAIVER – HANCOCK RESCUE SQUAD Motion by Commissioner Munson, seconded by Wivell, to waive the permit fee for the Hancock Rescue Squad addition. Unanimously approved. APPOINTMENT – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Nipps, seconded by Munson to appoint Robert Bowman, II to the Historic District Commission to fill the unexpired term of Eleanor Lakin which extends to October 31, 2007. Unanimously approved. PROCLAMATION – CHARACTER COUNTS! WEEK Commissioner Wivell presented a proclamation to Carolyn Brooks, Director of the Character Counts! Program, Kim Buchanan, and Patsy Campbell, board members, designating the week of October 15-21, 2006 as “Character Counts! Week” and encouraging citizens, schools, businesses and government to support the program. The Board recognized the six pillars OCTOBER 10, 2006 PAGE TWO of character taught by the program: trustworthiness, respect, responsibility, fairness, caring, and citizenship. Ms. Brooks thanked the Commissioners for the proclamation and for their support of the program. She stated that billboards have been placed throughout the County publicizing the program. RECOGNITION LETTERS – LEADERSHIP DEVELOPMENT PROGRAM PARTICIPANTS David Hankinson, Director of Human Resources, and Susan Mosher, Director of HCC’s Continuing Education Program, presented letters of recognition from Hagerstown Community College (HCC) to the participants in the Leadership Development Program. Mr. Hankinson stated that participants in the first group of County employees were Kathy Kroboth, Angela Smith, Ricky Martz, Ed Plank, Steve Goodrich, John Pennesi, Rocky Bishop, Kim Bowers, Brian Brandt, Mike Rohrer, Rob Slocum, and Phil Ridenour. Mr. Hankinson explained that the program was developed in conjunction with HCC to prepare current employees for expanded roles in management. The classes consisted of Principles of Management, Finance, Business Communications, and Human Resources Management. The current class has completed 12 of the 18 credits. The remaining classes to be taken are State and Local Government and the Legal Environment of Business. The Commissioners congratulated the employees on this achievement and for taking the initiative to become future leaders of the County. CITIZENS’ PARTICIPATION Harry Powers reminded the Commissioners about the issues involving Roberts Road and offered to tour the site with them if they would like to look at the situation. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that he received a letter from the Director of Children’s Village thanking John Pennesi, Buildings, Grounds and Parks Department, for his quick response in helping to resolve issues at Children’s Village. REPORTS FROM COUNTY STAFF Joe Kroboth, Deputy Director of Public Works, informed the Commissioners that pavement management operations are ongoing in the Cascade area today, and he noted that the project would then be on winter shutdown. Mr. Kroboth stated that the Boonsboro Library project will begin next week. He reported on the design for Cell 4 at the Forty West Landfill. Mr. Kroboth estimated that the costs to repair the damage to the footbridge at Devil’s Backbone Park would be $100,000-125,000. He stated that the bridge has been closed since sustaining flood damage in June. David Hankinson, Director of Human Resources, requested that the Commissioners authorize filling two vacancies. Motion made by Commissioner Nipps, seconded by Kercheval, to fill the Office Associate vacancy in Permits & Inspections and the Maintenance Equipment Operator (MEO) I in the Highway Department. Unanimously approved. AUTHORIZING RESOLUTIONS FOR LOANS FROM MARYLAND WATER QUALITY ADMINISTRATION FOR RESH ROAD LANDFILL CAPPING PHASE I PROJECT AND THE HALFWAY I & I REHABILITATION PROJECT Dawn Barnes, Assistant Director of Finance, and Timmy Ruppersberger, Bond Counsel, appeared before the Commissioners to review resolutions authorizing the issuance of General Obligation Installment bonds in an amount not to exceed $5,500,000 for the Resh Road Landfill Capping Phase I project and in an amount not to exceed $1,000,000 for the Halfway I & I Rehabilitation Project. She informed the Commissioners that the Maryland Water Quality (MWQ) loan has a 1.0% interest rate plus an administration charge of 5% of total debt service. Motion made by Commissioner Nipps, seconded by Wivell, to adopt the resolution approving the form and authorizing the execution, issuance, sale and delivery of a General Obligation Installment Bond of the borrower in a principal amount not to exceed $5,500,000 pursuant to the OCTOBER 10, 2006 PAGE THREE authority of the Maryland Water Quality Financing Administration Act to be designated as the “Washington County, Maryland Water Quality Bond, Series 2006A Resh Road Landfill – Capping Phase I” with the net proceeds of the sale thereof to be used and applied for the public purpose of financing the cost of acquiring, constructing and equipping certain facilities including, as applicable, the development of property, the acquisition and installation of equipment and furnishings and any related architectural, financial, legal, planning and engineering expenses and authorizing the execution and delivery of a loan agreement between the borrower and the Maryland Water Quality Financing Administration and to adopt the resolution approving the form and authorizing the execution, issuance, sale and delivery of a General Obligation Installment Bond of the borrower in a principal amount not to exceed $1,000,000 pursuant to the authority of the Maryland Water Quality Financing Administration Act to be designated as the “Washington County, Maryland Water Quality Bond, Series 2006B Halfway I & I Rehabilitation Project” with the net proceeds of the sale thereof to be used and applied for the public purpose of financing the cost of acquiring, constructing and equipping certain facilities including, as applicable, the development of property, the acquisition and installation of equipment and furnishings and any related architectural, financial, legal, planning and engineering expenses and authorizing the execution and delivery of a loan agreement between the borrower and the Maryland Water Quality Financing Administration. Unanimously approved. (Copies of Resolution RS-06-32 and RS-06-33 can be found in the County Commissioners’ Office.) REQUEST TO RELINQUISH PORTIONS OF RIGHT-OF-WAY – GOVERNOR LANE BOULEVARD Joseph Kroboth, III, Deputy Director of Public Works, met with the Commissioners regarding a request made by Homewood Retirement Center that the County relinquish a portion of existing right-of-way along the northwest side of Governor Lane Boulevard. Mr. Kroboth explained that Homewood has mowed and maintained a portion of the existing right-of-way for many years. They are now in the planning phase of a major redevelopment of their facilities and are in need of the area in question for temporary parking. After the project is complete, they would construct a landscaping berm to screen the facility for the adjacent industrial area. Homewood is requesting that the County grant this portion to them in fee simple. Mr. Kroboth noted that the section maintained by Homewood is 1,000 feet in length and as wide as 80 feet tapering down to 0 feet. The meeting was then opened for questions and discussion from the Commissioners. It was the consensus of the Commissioners to approve a lease of the property to Homewood for $1.00 per year for the period of time Homewood would need to use the property for temporary. Commissioner Snook suggested that other businesses in the area may also be interested in additional right-of-way along Governor Lane Boulevard since the County owns 200 feet along the rest of the roadway. He asked staff to evaluate whether this would be beneficial. BID AWARD – BERETTA PX4 STORM HANDGUNS Motion made by Commissioner Wivell, seconded by Kercheval, to award the contract for the purchase of one hundred ten (110) units of 40 Caliber Beretta Handguns to Lawmen Supply Company, Inc., which submitted the low responsive, responsible bid of $50,692.40. Unanimously approved. CLAGGETT’S MILL ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) MITIGATION REQUEST Michael Thompson, Director of Planning, met with the Commissioners regarding a request for approval of a School Mitigation Proposal under Article IX of the APFO for Phase 1 of Claggett’s Mill. Mr. Thompson stated that the developer previously submitted a mitigation proposal for the entire development to the Commissioners on August 29, 2006, which was denied. However, the Board suggested that the developer prepare a mitigation plan for Phase 1 only. Mr. Thompson informed the Commissioners that the developer has been working with the Board of Education and its staff on ways to address the school capacity issue. OCTOBER 10, 2006 PAGE FOUR The developer submitted a revised draft APFO Agreement for Phase 1 in which it proposed to pay $1,131,000 of excise tax due on the project for Phase 1 (87 lots) on or before December 31, 2006, which would allow him to obtain building permits for the 87 lots and be given credit for the amount paid toward the excise tax due. The project would be allowed to proceed based on a phasing schedule that would permit 37 building permits to be issued in 2007, with the remaining 50 building permits to be issued in 2008. The new Westfield’s Elementary School is scheduled for opening in the fall of 2008. The remaining 151 lots would not be recorded until such time as they comply with the provisions of the APFO. Mr. Thompson reviewed a letter from the Board of Education showing enrollment figures. The meeting was then opened for questions and discussion. Mr. Thompson stated that his recommendation is to support the mitigation request. The Commissioners requested additional enrollment data from the Board of Education. The letter indicates that the proposed subdivision would impact the schools’ ability to handle the increased enrollment at the elementary and high school levels. Krista McGowan, counsel for the developer, stated that they believe the development met the APFO requirements for the first 87 units. Boyd Michael, Assistant Superintendent for School Operations, stated that the Board is concerned about the cumulative effect of a variety of developments in that area. After discussion, the Commissioners’ decided to postpone a decision on this matter until they receive the additional data they requested from the Board of Education. RECESS – LUNCH The Commissioners recessed at 12:05 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:20 p.m. by President Gregory I. Snook, with the following members present: Commissioners John C. Munson, and Doris J. Nipps. (Commissioners Wivell and Kercheval arrived at 1:25 p.m.) REQUEST FOR APPROVAL OF MITIGATION PROPOSAL – SUNSET MEADOWS DEVELOPMENT Paul Prodonovich, representing Washco Developments, Inc., and Brian Kurtyka, counsel for Washco Developments, appeared before the Commissioners to request their approval of a mitigation proposal under Section 9.3A of the County’s Adequate Public Facilities Ordinance (APFO). Mr. Kurtyka stated that Sunset Meadows is a 53-unit single-family residential subdivision. Five lots have been previously approved and the developer is seeking approval for the next phase of 11 lots to be built over a three-to-five year period. The Board of Education stated that the subdivision did not pass the County APFO test at the elementary and high school levels for the next phase. The projected student yields from the 11 lots are four (4) elementary, two (2) middle, and two (2) high school students. Mr. Kurtyka stated that the developer has meet with representatives of the Board of Education to discuss alternatives for mitigation and the Board rejected all proposals, including portable classrooms, monetary payments and dedication of a 13-acre parcel of land located on Jefferson Boulevard. He informed the Commissioners that Clear Spring schools are not eligible for expansion, and that the current Board of Education policy would not allow portable classrooms. Commissioner Kercheval stated that he was expecting something more concrete from the developer. Mr. Kurtyka asked the Commissioners to vote on the land proposal, and, if denied, to give them an opportunity to provide a proposal on a financial mitigation plan. Motion made by Commissioner Nipps, seconded by Wivell, to deny the current mitigation proposal for Sunset Meadows as proposed by the developer for dedication of a 13-acre parcel of land located on Jefferson Boulevard. Unanimously approved. APPROVAL OF MINUTES – OCTOBER 3, 2006 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of October 3, 2006. Unanimously approved. OCTOBER 10, 2006 PAGE FIVE CONVENE IN CLOSED SESSION Motion made by Kercheval, seconded by Wivell, at 1:45 p.m. to convene in closed session to discuss the appointment employment, assignment, promotion, compensation, or resignation of appointees, employees or officials over whom it has jurisdiction; and to discuss personnel matters that affect one or more specific individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioner Snook was excused from the meeting at 1:55 p.m. and Commissioner Wivell assumed the Chair.) RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to reconvene in open session at 2:35 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment employment, assignment, promotion, compensation or resignation of appointees, employees or officials over whom it has 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; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Joseph Kroboth, Deputy Director of Public Works; David Hankinson, Director of Human Resources; Debra Murray, Director of Finance; Terry McGee, Chief Engineer; and Rob Slocum, Deputy Chief Engineer. ADJOURNMENT Motion made by Commissioner Munson, seconded by Nipps, to adjourn at 2:35 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk