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HomeMy WebLinkAbout080520 May 19, 2008 Hagerstown, Maryland JOINT PUBLIC HEARING – REZONING CASES RZ-08-001 and CP-08- 001 A public hearing of the Board of County Commissioners of Washington County, Maryland was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning Map Amendment RZ-08-001 and CP-08-001. Presiding at the hearing was County Commissioners Vice President Terry L. Baker. Also present at the hearing were County Commissioners Kristin B. Aleshire and William J. Wivell. Commissioners John F. Barr and James F. Kercheval were absent from the meeting. Kirk Downey, Assistant County Attorney, reviewed the procedures for the meeting and administered the oath to those who planned to give testimony. He stated that Commissioner Kercheval had participated in the April hearing held by the Planning Commission on these applications as its ex officio member and that he would review the record of this evenings hearing, in order to participate in making the decision for these cases. Jill Baker, Senior Planner, presented the staff reports for RZ-08-001 and CP-08-001. After the presentation by the applicant and hearing all testimony, Mr. Downey stated that the record is closed and the hearing was concluded. The public hearing was adjourned at 9:25 p.m. __________________________, County Administrator , County Attorney , Clerk May 20, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:36 a.m. by Vice President Terry L. Baker with the following members present: Commissioners Kristin B. Aleshire and James F. Kercheval. (Commissioner President John F. Barr was absent from the meeting.) INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – MAY 13, 2008 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of May 13, 2008. Unanimously approved. ( Commissioner Wivell arrived at 9:45 a.m.) COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval commended Greg Murray, County Administrator, and the Budget & Finance staff for the th budget presentation. He stated that he attended the 50 anniversary celebration for Callas Contractors and congratulated them on this accomplishment. Commissioner Kercheval reported on meetings of the Local Management Board and Public Golf Corporation. He thanked Joe Kroboth, Director of Public Works, for organizing and conducting the public meeting regarding the Funkstown bridge closure. Commissioner Kercheval congratulated Charlie Sekula, the owner of the Schmankerl Stube Restaurant on the 20-year anniversary of his downtown business. He informed the Commissioners that he attended the Rotary Club’s exchange dinner with guests from Tunisia who were touring the area as part of the program. Commissioner Kercheval stated that he was unable to attend last night’s rezoning hearing, although he attended the original presentation to the Planning Commission and will be reviewing the recordings in order to take part in making the final decision on the applications. MAY 20, 2008 PAGE TWO Commissioner Aleshire stated that he attended the Tough Talk presentation sponsored by the Teen Pregnancy Prevention Coalition. He also attended the Women at the Table awards ceremony, the student presentations “Their Mind at Work” at Salem Avenue Elementary School, the annual Democratic Central Committee dinner, and the public meeting regarding the proposed repair and closure of the Funkstown Bridge. Commissioner Aleshire reported on the Advisory Commission to the Board of Health meeting and indicated that they are seeking direction regarding the role of their board. He indicated that he attended the meeting of the Hancock Mayor and Council and conveyed their thanks to the Board for receiving a portion of the limited Program Open Space (“POS”) funding. Commissioner Aleshire stated that he felt his remarks were misrepresented during a recent interview that was broadcast on WHAG-TV regarding filling positions for emergency services. In regard to the Funkstown Bridge closure for repair, he stated that he has not changed his mind about proceeding with the project and that they should direct staff to continue with the plans. He indicated that he would be willing to wait to discuss the matter until the full board was present. Commissioner Aleshire noted that he spoke to members of the Funkstown Volunteer Fire Company who want the County to proceed to repair the bridge. He stated that he also spoke to members of the Funkstown Legion and adjoining property owners that would be affected by construction of a temporary bridge and got the clear indication that they are not interested in the option of using rights-of-way on their properties. Commissioner Aleshire suggested that the County send a form letter to lending institutions and realty companies who maintain properties following foreclosures about County ordinances regarding the maintenance of properties. Commissioner Wivell stated that he feels the Brumbaugh/Kendle/Grove farm on the Airport property is a significant piece of County history that should be saved and questioned whether the FAA is requiring demolition of the building. He stated that he feels the County needs to release the request for proposals for repair of the Funkstown bridge in order to keep the maintenance time at a minimum. The Commissioners agreed to discuss their thoughts on the bridge project at this time to avoid delays. Commissioner Kercheval stated that he believes the County can do the following to help minimize the effects of the bridge closure in the area: 1) staff can work with the Board of Education to help minimize the impacts of the bridge closure on the bus schedule; 2) install appropriate signage; 3) temporarily relocate a fire truck on the other side of the bridge, and 4) provide incentives to the contractor to finish early. Joe Kroboth, Director of Public Works, stated that the State Highway Administration (SHA) has approved the package without the incentives and indicated that they would have to approve any revisions. Motion made by Commissioner Aleshire, seconded by Kercheval, to proceed to advertise for bids for the Funkstown Bridge repair as a five-month project and to seek approval from the State Highway Administration to include an addendum for incentives equal to $1,500 per day, with a 30-day cap, if the project is finished ahead of schedule. Unanimously approved. Commissioner Baker informed the Commissioners that he participated in the Hagerstown Community College commencement ceremony. He noted that Dr. Altieri thanked the Commissioners for their support. Commissioner Baker thanked Mr. Kroboth for organizing the public meeting on the Funkstown Bridge. He stated that he also attended the rezoning hearing last night. APPOINTMENT OF THE 2008 WASHINGTON COUNTY SALARY STUDY COMMISSION Andrew Wilkinson, Assistant County Attorney, appeared before the Commissioners regarding the appointment of the 2008 Salary Study Commission. Mr. Wilkinson informed the Commissioners that the law requires that a commission of nine (9) members be appointed from the organizations set forth in the statute to evaluate the salaries of various elected officials, including the Commissioners. He noted that the Commission must hold its first meeting before July 1, 2008 and issue a report to the Board of County Commissioners with their recommendations MAY 20, 2008 PAGE THREE by December 1, 2008. The Commissioners must then submit their recommendations to the Washington County Delegation by December 15, 2008. Mr. Wilkinson reviewed the list of recommendations for the Commission: Democratic Party Central Committee of Washington County - Patricia Heck; Republican Party Central Committee of Washington County – Marilee Kerns; Washington County Chamber of Commerce - Kent Reynolds; Washington County Farm Bureau - Bette Jo Shifler; League of Women Voters of Washington County – Monda Sagalkin; Central Maryland AFL-CIO Council – Donald A. Forcino; Cumberland Valley Associated Builders and Contractors, Inc. – Jeff Bohn; and Joint Veterans Council of Washington County – Tony Pruchniewski. Mr. Wilkinson explained that the other mandated group was the Washington County Council of PTAs, which has disbanded, so the ninth representative will be chosen by the Salary Study Commission. He stated that the Commissioners have no discretion in making the appointments, as the statute requires that they appoint the individuals recommended by each organization. The meeting was opened for questions and discussion. Motion made by Commissioner Wivell, seconded by Kercheval, to appoint the following individuals as members of the 2008 Washington County Salary Study Commission: Democratic Party Central Committee of Washington County - Patricia Heck; Republican Party Central Committee of Washington County – Marilee Kerns; Washington County Chamber of Commerce - Kent Reynolds; Washington County Farm Bureau - Bette Jo Shifler; League of Women Voters of Washington County – Monda Sagalkin; Central Maryland AFL-CIO Council – Donald A. Forcino; Cumberland Valley Associated Builders and Contractors, Inc. – Jeff Bohn; and Joint Veterans Council of Washington County – Tony Pruchniewski, with the Commission to chose the ninth representative. Unanimously approved. BID AWARD – RESH ROAD LANDFILL PHASE 2 CLOSURE CAP CONSTRUCTION Motion made by Commissioner Wivell, seconded by Aleshire, to award the bid for Resh Road Landfill Phase 2 Closure Cap Construction to Kinsley Construction, Inc., which submitted the lowest responsible, responsive base bid of $5,579,678 and total contingent items $1,129,132 for a grand total bid of $6,708,810. Unanimously approved. BID AWARD – JANITORIAL SERVICES FOR WASHINGTON COUNTY OFFICE BUILDINGS Motion made by Commissioner Kercheval, seconded by Aleshire, to award the contracts to the responsible, responsive bidders with the lowest bid prices as follows for the individual locations under Option No. 2: Servtec Custodial, Inc. for Location No. 1 - $24,788, Location No. 2 - $46,900; Location No. 3 - $12,256; and Location No. 4 - $36,844; and to award the contract to Superior Cleaning Systems, Inc., for Location No. 5 - $10,350 and Location No. 6 - $4,000; with unit costs for optional carpet cleaning and hourly rates for any additional work as required and indicated on the attached bid tabulation sheet for each vendor; to also grant withdrawal, without prejudice, the bids of Abacus Corporation and Dust Farries Cleaning due to evident errors as requested by the submitting vendors. Unanimously approved. 2008 JOHN FRYE HISTORIC PRESERVATION AWARD Commissioner Baker presented the 2008 John Frye Historic Preservation Award to Omer Long in recognition of the contribution he has made to historic preservation in Washington County. Preston Law, past chair of the Historical Advisory Committee, provided information on the Fahrney Medical Museum that Mr. Long will be donating to the Rural Heritage Museum. The wooden, one-room cottage now located on the grounds of the Fahrney-Keedy Home & Village will be moved to its new home at the Agricultural Education Center in the near future. He also applauded Mr. Long for his upkeep of the Museum for the past 50 years and for acting as its curator. CITIZENS’ PARTICIPATION Phil Physioc appeared before the Commissioners on behalf of his son, Henry Physioc, regarding their property near Mt. Aetna. The Commissioners directed him to the County Attorney’s Office regarding any questions relating to the ongoing litigation. MAY 20, 2008 PAGE FOUR APPOINTMENT – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Richard Seibert to the Economic Development Commission as the Greater Hagerstown representative for a three-year term beginning July 1, 2008. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, informed the Commissioners that a sewer line collapsed at the intersection of Virginia Avenue and Massey Boulevard. Mr. Murray stated that several area contractors were contacted to repair the hole that developed and excavate and replace 175 feet of sewer line. C. William Hetzer, Inc. was available to make the emergency repairs. Commissioner Aleshire asked that a letter of appreciation be sent to C. William Hetzer for mobilizing and responding so quickly to the situation. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve an emergency sole source purchase order with C. William Hetzer, Inc. to repair the damage at the intersection of Virginia Avenue and Massey Boulevard and replacement of the sewer line on a time and materials basis, estimated at $50,000-$60,000. Unanimously approved. Mr. Murray distributed a draft copy of the insert that will be included in Washington County tax bills providing additional information on County government. Commissioner Wivell suggested that a chart also be included showing where funding is allocated. REPORTS FROM COUNTY STAFF Jim Hovis, Director of the Gaming Office, recommended that the County take a “no opinion” position on the issue with regard to an organization’s request for endorsement as it is outside of the County’s jurisdiction. Joe Kuhna, Real Property Administrator, stated that the Board had previously entered into a lease agreement with Homewood Retirement Center for property needed by Homewood during construction of its new facility. It has now asked if the County is interested in selling the property or if the County would be willing to continue to lease it. After discussion, the Commissioners agreed that they were not interested in selling the property but that they would be interested in continuing to lease it to Homewood. PROCLAMATION – EMERGENCY MEDICAL SERVICES FOR CHILDREN DAY Commissioner Wivell presented a proclamation to Kevin Lewis, Director of the Division of Fire & Emergency Services, and Brigitte Heller, Emergency Medical Services Coordinator, designating May 21, 2008 as “Emergency Medical Services for Children Day” in Washington County to bring recognition to the dedicated men and women who strive to meet the emergency medical needs of children. PROCLAMATION – EMERGENCY MEDICAL SERVICES WEEK Commissioner Aleshire presented a proclamation to Mr. Lewis and Ms. Heller designating the week of May 18–24, 2008 as “Emergency Medical Services Week”, recognizing the value and accomplishments of the paramedics, firefighters, and volunteers who provide emergency medical services in Washington County. PRESENTATION OF CERTIFICATES OF MERIT Commissioner Baker presented a Certificate of Merit to Paula Blenard in recognition of receiving her Bachelors of Science degree in business and accounting from Phoenix University. The Commissioners offered their congratulations on this educational accomplishment. Commissioner Kercheval presented a Certificate of Merit to Karen Luther who received her Associates in Arts degree from Hagerstown Community College. The Commissioners offered their congratulations and commended Ms. Luther on the dedication and perseverance needed to attain this goal. MAY 20, 2008 PAGE FIVE DISCUSSION ON ADOPTION OF FISCAL YEAR 2009 BUDGET The Commissioners discussed the proposed fiscal year 2009 budget and the testimony given at the public hearing on May 13, 2008. Mr. Murray stated that they would be discussing any changes made or requested, but would wait until the June 3 meeting when the full Board is in attendance, to take a formal vote on the proposed budget. Debra Murray, Director of Budget and Finance, reviewed the summary of changes that have been made since the public hearing. She stated that General Fund budget revisions include an increase of $130,000 to the Election Board due to notification by the State of Maryland of an increase in the cost of leasing the voting machines. She also stated that revenue was increased by $16,000 as a result of the increase in mulch fees. Ms. Murray informed the Commissioners that the Treasurer’s Office was advised that there will be an administration fee of $9,700 for the State to administer the Homestead Tax Credit program. To balance the additional costs, she recommended: 1) Moving one-time funding in the FY 2009 budget for the Commission on Aging and Library into the FY 2008 budget and paying it out prior to June 30 and, 2) Adjust the CIP budget by reducing pay-go funds (local match to POS funds due to the State reduction). Ms. Murray informed the Commissioners that adjustments were made to the Capital Budget due to State reductions in Program Open Space projects and Technology projects to help balance the General Fund budget. The meeting was opened for discussion. Commissioner Wivell expressed concerns about items in the General Fund budget including Phase 2 for the provision of emergency medical services and he questioned the wisdom of adding government programs and increases to non-profit agencies due to the decline in the economy. He applauded the Budget and Finance Department for their budget presentation and the amount of information provided to them. YOUTH OF THE MONTH ANNUAL BANQUET The Commissioners adjourned at 11:17 a.m. in order to attend the annual banquet honoring the 2007-08 nominees and recipients of the Youth of the Month awards and Community Partnership CHARACTER COUNTS! awards. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk