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HomeMy WebLinkAbout070109 January 9, 2007 Hagerstown, Maryland Commissioners Barr, Baker, and Aleshire met at the Emergency Services Department at 33 West Washington Street, Hagerstown, on January 8 and will meet at the Engineering Department at 80 West Baltimore Street on January 10 as part of the newly-elected County Commissioners’ orientation program to discuss operations and tour the facilities. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:00 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 – DECEMBER 19, 2006 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of December 19, 2006. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the topics covered at the Maryland Association of Counties Annual Winter Conference. He stated that he attended the reception in honor of Mary Baykan, Director of the Washington County Free Library, who received the 2007 Librarian of the Year Award from The Library Journal. Commissioner Kercheval reported on the Planning Commission meeting. He informed the Board that he toured Frederick County’s central booking facility and met with the owners of a restaurant on Massey Boulevard to discuss planned upgrades to the roadway and how they would affect the entrance to their facility. Commissioner Baker reported on the Recreation & Parks Board meeting. He stated that the Board has approved a request made by the Agricultural Education Center Board to amend the Building, Grounds and Parks regulations to allow alcohol at a bonanza being sponsored by the International Association of Fire Fighters. Commissioner Baker noted that this request was unanimously supported by the Recreation and Parks Board and by a majority of the Agricultural Education Center Board. Motion made by Commissioner Baker, seconded by Wivell, to modify the existing Building, Grounds and Parks Board Rules and Regulations to permit alcohol at a one-time event to be held at the Agricultural Educational Center in 2008 being sponsored by the International Association of Fire Fighters. After discussion, the Main Motion was amended by Commissioner Baker and seconded by Wivell, to amend the existing Building, Grounds and Parks Rules and Regulations to permit alcohol to be served at the Agricultural Education Center, to be determined by the Commissioners on a case-by-case basis, to approve the current request to serve alcohol at a one-time event to be held at the Agricultural Educational Center in 2008 being sponsored by the International Association of Fire Fighters and, to approve the request to hold the event sponsored by the International Association of Firefighters at the Agricultural Education Center in 2008. The Amended Motion carried with Commissioners Baker, Wivell, Aleshire, and Barr voting “AYE” and Commissioner Kercheval voting “NO.” Commissioner Aleshire stated that he received feedback from some of the municipalities regarding holding one tax set-off meeting for all municipalities during a Municipal League meeting. He indicated that the information the municipalities received should be clarified to let them know that the Commissioners would continue to meet at the various towns throughout the year. Commissioner Aleshire indicated that he feels the municipalities would support the change with the clarification. Rodney Shoop, County Administrator, stated that he would contact Mayor Kauffman, President of the Municipal League, to resolve the matter. Commissioner Aleshire noted that the Town of Boonsboro voted to approve recent annexation requests. He stated that he attended the reception honoring JANUARY 9, 2007 PAGE TWO Mary Baykan. Commissioner Aleshire suggested that a letter of congratulations be sent to Governor-elect O’Malley. Commissioner Wivell indicated that he attended the reception for Mary Baykan. He reported on the PenMar Development Corporation Board meeting. Commissioner Wivell stated that the Board should address the issue of increasing tax assessments in the County. Commissioner Barr reported that he attended the Airport Advisory Commission meeting and that the runway extension project is on time and on budget. 2006 GOAL #2 – URBAN GROWTH AREA ZONING IMPLEMENTATION PLAN AND SCHEDULE Michael Thompson, Director of Planning & Community Development, and Stephen Goodrich, Chief Planner, met with the Commissioners to review Goal #2 for 2006 – Urban Growth Area Zoning Implementation Plan and Schedule. Mr. Thompson reviewed the revised Action Plan for the goal. Mr. Goodrich indicated that the staff would like direction on whether the County Commissioners wish to appoint an Advisory Committee. He stated that the staff feels it is better to get focused community input from an Advisory Committee at the beginning of the project rather than at the end. Mr. Goodrich emphasized that this is not a substitute for obtaining citizen input. He suggested that the Advisory Committee’s assignment should be specifically outlined for them. The meeting was then opened for discussion and questions. The Commissioners outlined topics they would like to have considered as part of the process, including economic development, new zoning designations, future transportation planning, design guidelines, size of the Urban Growth Area (UGA), and the advisory council. Mr. Goodrich informed the Commissioners that the Maryland Department of Planning is performing the Development Capacity Analysis. Commissioner Wivell stated that he feels this should be calculated in a manner which takes into consideration the availability of resources versus an analysis based upon the zoning. Commissioner Kercheval indicated that he understands the new administration will be using Smart Growth funding priorities. Also discussed was how resources and the extension of infrastructure would be addressed in the zoning and would encourage growth in the UGA. Mr. Goodrich stated that they hope the zoning and regulations would encourage development closer to the core of the UGA. He also assured them that the growth areas for the municipalities would be included in the plan. It was the consensus of the Commissioners to appoint an advisory committee at beginning of the process. They asked staff to come back with suggestions and recommendations for groups to be represented on the committee. PROCLAMATION – CERVICAL HEALTH MONTH Commissioner Barr presented a proclamation to Earl Stoner, Deputy Director of the Health Department, and Kim Rasch, Director of the Health Services Division of the Health Department, proclaiming January 2007 as Cervical Health Month in Washington County. This joint effort is intended to create awareness among Washington County women about their risk for cervical cancer and encourage them to take measures to ensure their good health by discussing a cervical screening program that includes regular Pap tests with their health care provider. CITIZENS’ PARTICIPATION Penny Nigh, a member of the Hagerstown City Council, distributed copies of a presentation made by Det. Sgt. Rodeheaven of the Maryland State Police on the methamphetamine problem. She asked that they share it with members of the Local Delegation to the General Assembly as a proactive approach toward the problem. Councilwoman Nigh asked whether the 2+2 Committee would be continued and stated that she is not in favor of it. She also expressed concerns about Washington County Hospital not being able to accept emergency patients and ambulances being routed to other hospitals in the area. JANUARY 9, 2007 PAGE THREE Gerry Ditto congratulated the new Commissioners. He expressed concern about the legislative request to allow civil citations for violations of building codes. Mr. Ditto commented on using the Agricultural Education Center for the firemen’s bonanza and the lack of a stabilized area for parking. He also expressed concern about increasing tax assessments. REAPPOINTMENTS – AGRICULTURAL RECONCILIATION BOARD Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint Donald Harding, Terry Karn, Marcia Watters and Jeff Semler to the Agricultural Reconciliation Board for three-year terms. Unanimously approved. REAPPOINTMENT – PLANNING COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint Terry Reiber to the Planning Commission for a five- year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that County employees donated $9,393 to non-profit organizations and causes in 2006 through the Casual Day program. He stated that he would draft a letter of congratulations from the Commissioners to Governor-elect O’Malley for his inauguration. He also indicated that he would attempt to schedule a meeting with the Local Delegation to the General Assembly on January 24. CHANGE ORDER – PENMAR WATER FACILITIES Motion made by Commissioner Kercheval, seconded by Baker, to approve a change order with Mid-Atlantic Utilities, Inc. in the amount of $44,160 for the PenMar Water Facilities project to finish grading and additional plantings to eliminate drop-off, which were not part of the original contract. Unanimously approved. APPOINTMENT – WESTERN MARYLAND CONSORTIUM Motion made by Commissioner Aleshire, seconded by Wivell, to appoint Commissioner Kercheval as Washington County’s representative on the Western Maryland Consortium Executive Council. Unanimously approved. REPORTS FROM COUNTY STAFF Dee Hawbaker, Acting Director of Human Resources, asked the Commissioners to approve advertising to fill a vacant Maintenance Equipment Operator (MEO) III position at the Highway Department. Motion made by Commissioner Kercheval, seconded by Baker, to approve the request to fill a vacant Maintenance Equipment Operator (MEO) III position at the Highway Department and any subsequent vacancies that may result from this action if filled in-house. Unanimously approved. RESH ROAD LANDFILL II CLOSURE PHASE I–N-CELLS, CLOSURE CAP CONSTRUCTION, AND CHANGE ORDER NO. 2 Terry McGee, Chief Engineer, and Joe Kroboth, III, Deputy Director of the Department of Public Works, appeared before the Commissioners regarding the Resh Road Landfill II Closure Phase I–N-Cells, Closure Cap Construction Project. Mr. Kroboth informed the Commissioners that this contract was awarded to Pavex, Inc. on June 13. The project was completed in 160 days rather than 465 as the contract had outlined and saved significant costs in inspection services. During the grading associated with Cell N-3, the contractor found that an existing swale to the rear of the cell did not drain and would require significant rework to correct the situation. The swale was not included in the contract documents and would have to be addressed through the change order process. The staff authorized the work to avoid delay claims by the contractor. Mr. Kroboth stated that the project was initially fully funded using a low-interest Maryland Water Quality Finance Administration loan. The County Commissioners approved a $235,000 budget transfer from the Phase II capping project in November 2006 to cover the anticipated shortfall at JANUARY 9, 2007 PAGE FOUR that time. The Maryland Water Quality Department allowed them to readjust necessary line items for the project. Mr. McGee reviewed the expenditures from the original contract and anticipated costs. He stated that the completion date is anticipated to be January 27, but that the date is weather- dependent. Mr. McGee noted that in the worst-case scenario, the borrow material would more than double what the design plans called for originally. He stated that it is possible that an additional budget transfer may be required at project closeout in order to cover the various project over-runs. If this happens, the staff would recommend that the additional funding be taken from the Phase II capping effort. The Commissioners discussed the complications that have occurred with the project and the design consultant. Commissioner Kercheval asked staff to discuss the new innovative technology using plasma arc gasification to vaporize refuse with MDE and ask them to possibly consider this type of concept. Mr. McGee reviewed Change Order No. 2 from the contractor, URS Corporation, *Pavex, for a not-to-exceed cost of $135,980 for the additional work. *Minutes corrected 1/30/07. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve Change Order No. 2 for $135,980 for Resh Road Landfill Phase I Capping with Pavex, Inc for adjusted slopes. Unanimously approved. COMPREHENSIVE ANTI-GANG ACTIVITY STRATEGY GRANT Motion made by Commissioner Aleshire, seconded by Kercheval, to accept the Comprehensive Anti-Gang Activity Strategy Grant of $109,318 awarded through the Governor’s Office of Crime Control and Prevention to the Sheriff’s Department. Unanimously approved. RECESS – LUNCH WITH FARM BUREAU The Commissioners recessed at 11:29 a.m. in order to attend the annual legislative luncheon with the Washington County Farm Bureau. AFTERNOON SESSION The afternoon session was called to order at 1:48 p.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. BRIEFING WITH LOBBYIST Brien Poffenberger, Executive Director of the Hagerstown- Washington County Chamber of Commerce, introduced Michael Johansen, an attorney with Rifkin, Livingstone, Levitan & Silver, who was hired by the County, Chamber of Commerce, CHIEF, Greater Hagerstown Committee and City of Hagerstown to lobby for specific community issues. Mr. Johansen stated that all partners have agreed to focus on the following issues for the lobbying program: Securing State funding for Library expansion; Protection of State funding for Central Booking Facility; Reform of the prisoner release program; and Funding of the Agricultural Commercialization Program (Maryland Agricultural & Resource Based Industry Development Corporation). The meeting was opened for questions and discussion. Commissioner Wivell noted that funding for improvements to the Library is not yet included in the County’s CIP budget. The Commissioners discussed the prisoner release program and asked Mr. Johansen to make sure that this goal is achievable. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Baker, to convene in closed session at 2:08 p.m. to discuss the appointment, employment, assignment, promotion, compensation, or performance evaluation of appointees, employees, or officials over whom the Commissioners have jurisdiction and any other personnel matter that affects one or more specific individuals; consult with counsel to obtain legal advice; consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; discuss public security as the public body has determined that public discussion would constitute a risk to the public or to public security; and discuss an JANUARY 9, 2007 PAGE FIVE investigative proceeding on actual or possible criminal conduct, in Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 4:26 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters relating to the appointment, employment, assignment, promotion, compensation or performance evaluation of appointees, employees or officials over whom it has jurisdiction and other personnel matters that affect one or more specific individuals; consulted with counsel to obtain legal advice; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; discussed public security as the public body has determined that public discussion would constitute a risk to the public or to public security; and discussed an investigative proceeding on actual or possible criminal conduct. 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: Rodney Shoop, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Dee Hawbaker, Acting Director of Human Resources; Cindy Mowen, Acting Human Resources Administrator; Thomas Pianta, Chair of the Advisory Commission to the Board of Health; Tim Troxell, Director of the Economic Development Commission (EDC); Cassandra Latimer, Deputy Director of EDC; Robin Ferree, EDC Business Development Specialist; James Hovis, Director of the Gaming Office; John Latimer, Director of Fire & Emergency Services; Kevin Lewis, Deputy Director of Fire & Emergency Services; and Glenn Fuscsick, President of the Washington County Volunteer Fire & Rescue Association. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn at 4:26 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk