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HomeMy WebLinkAbout080805 August 5, 2008 Hagerstown, Maryland The Commissioners attended the Chamber of Commerce sponsored “Eggs and Issues” breakfast meeting with State Comptroller Peter Franchot at 7:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:15 a.m. by Vice President Terry L. Baker with the following members present: Commissioners Kristin B. Aleshire and James F. Kercheval. 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 – JULY 29, 2008 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of July 29, 2008. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval reported on the Planning Commission meeting. Commissioner Aleshire stated that he attended the Keedysville Mayor and Council meeting and advised the Commissioners of the issues that were discussed. CONSIDERATION OF ANNEXATION REQUESTS Town of Smithsburg - Jacques Michael Thompson, Director of Planning, met with the Commissioners to review an annexation request from the Town of Smithsburg for the Jacques property. He stated that zoning for the subject property is consistent with the existing County zoning and “express approval” for the development of the property is not necessary. Mr. Thompson informed the Commissioners that the parcel is 0.72 of an acre, is contiguous with the Town on three sides, and is located off of East Water Street, north of Main Street. He noted that the property is currently zoned RR (Residential Rural) and the proposed zoning would be SR (Suburban Residential), which is consistent with the existing zoning. The meeting was opened for questions. It was the consensus of the Commissioners that zoning for the subject property is consistent with the existing County zoning. Town of Smithsburg - Verdier Michael Thompson, Director of Planning, met with the Commissioners to review an annexation request from the Town of Smithsburg for the Verdier property. He stated that zoning for the subject property is consistent with the existing County zoning and “express approval” for the development of the property is not necessary. Mr. Thompson informed the Commissioners that the property is 0.45 of an acre, is contiguous with the Town, and is located on the north side of Cave Hill Road. He noted that the property is currently zoned RR (Residential Rural) and the proposed zoning would be SR (Suburban Residential), which is consistent with the existing zoning. The meeting was opened for questions. It was the consensus of the Commissioners that zoning for the subject property is consistent with the existing County zoning. AUGUST 5, 2008 PAGE TWO City of Hagerstown (A08-05 – Private Reserve, LLC) Michael Thompson, Director of Planning, met with the Commissioners to review an annexation request from the City of Hagerstown (A08-05 – Private Reserve, LLC). He stated that zoning for the subject property is consistent with the existing County zoning and “express approval” for the development of the property is not required. Mr. Thompson informed the Commissioners that the property is 0.65 of an acre and is located off of Atlantic Drive, north of Jefferson Street. He stated that the property is currently zoned RU (Residential Urban) and the proposed zoning would be R-1 (Residential), which is consistent with the existing zoning. Mr. Thompson noted that the proposed zoning is also consistent with the Low Density Residential designation in the 2002 adopted Comprehensive Plan. The meeting was opened for questions. After discussion, it was the consensus of the Commissioners that zoning for the subject property is consistent with the existing County zoning. Motion made by Commissioners Kercheval, seconded by Aleshire, to support the Planning Staff’s findings that the zoning classifications requested are consistent with the County zoning for the Jacques and Verdier annexation requests as submitted by the Town of Smithsburg and for the City of Hagerstown’s application (A08-05) for Private Reserve, LLC, and that the properties do not require express approval. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 9:28 a.m. to consult with staff about pending or potential litigation and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioner Wivell arrived at 9:29 a.m.) RECONVENE IN REGULAR SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 9:47 a.m. Unanimously approved. In closed session, the Commissioners consulted with staff about pending or potential litigation and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Kristin B. Aleshire, Terry L. Baker, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; and Joe Kroboth, Director of Public Works. GAMING COMMISSION ANNUAL REPORT AND ANNOUNCEMENT OF FY 2008 GAMING FUND RECIPIENTS Jim Hovis, Gaming Director, introduced the Gaming Commission members in attendance. Penny Pittman, Chair, informed the Commissioners that the gaming distribution for FY 2008 is $2,642,377.01. Mr. Hovis stated that this distribution represents a decrease of 11% from fiscal year 2007 revenues. Ms. Pittman said that the funds would be divided between 73 local charitable organizations and the Washington County Volunteer Fire & Rescue Association, which will receive 50% of the revenues totaling $1,321,188.51. She provided a list of the charitable organizations that would be receiving gaming funds and the amount each would receive. Mr. Hovis stated that the Gaming Commission would submit its annual report in September as required. Commissioner Baker opened the floor for comments from representatives of the recipient organizations who were in attendance. Commissioner Baker thanked the Gaming Commission for their dedication and hard work in reviewing the requests and distributing the funding. RESOLUTION – HAGERSTOWN COMMUNITY COLLEGE ARTS & SCIENCE COMPLEX Greg Murray, County Administrator, informed the Commissioners that the Board of Trustees of Hagerstown Community College has requested that Commissioners execute a Resolution petitioning Maryland Community Colleges for funding for the sum of $831,000 for the purpose of assisting AUGUST 5, 2008 PAGE THREE the financing of the design of the Arts and Science Complex in the FY 2009 budget. Mr. Murray stated that the Resolution is standard but noted that it contains language that the County “shall provide all the remaining funds necessary to complete the described project even if the Board of Public Works approves a grant which is less than the amount requested by this Petition.” He indicated that the State will not accept the Resolution without that condition being included. Commissioner Kercheval stated that he understands the concerns, but given the County’s long-standing relationship with the State, it is acceptable to approve the Resolution. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve a Resolution petitioning the State for grant funding in the amount of $831,000 in FY 2009 for the Arts and Science Complex at Hagerstown Community College. Unanimously approved. REPORTS FROM COUNTY STAFF William Sonnik, Director of Human Resources, requested approval to fill the following vacancies: Maintenance Equipment Operator II at the Highways Department and Senior Plant operator at the Water Quality Department. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve advertising to fill a Maintenance Equipment Operator II position at the Highways Department and Senior Plant operator at the Water Quality Department. Unanimously approved. Joe Kroboth, Director of Public Works, informed the Commissioners that the pre-tour meeting with the Department of Transportation has been scheduled with the staff for September 11. CHANGE ORDER – 911 CENTER RENOVATION PROJECT Joe Kroboth, Director of Public Works, met with the Commissioners to request approval of a Change Order for the 911 Center – Fire & Emergency Services Building Renovation Project for additional electrical grounding necessary to meet Motorola’s R56 Grounding Standard. He recommended that the funds be transferred from the Elliott Parkway Fiber Optic Project. Mr. Kroboth explained that the Motorola Corporation has specific requirements for grounding electrical and electronic equipment to protect it from static electrical sources, lightning and other forms of stray electrical energy. The change order is necessary to install additional grounding systems beyond those included in the original scope of work in the 911 Center project, which is a condition of the Radio System Contract, and is necessary to validate the radio system warranties and functionality. Mr. Kroboth stated that the estimated value will be approximately $145,000. The meeting was opened for comment. Commissioner Kercheval had questions regarding labor and overhead issues and asked staff to determine whether to negotiate with the current contractor or terminate that portion of the contract and rebid this item. Mr. Kroboth stated that he would consider both options and utilize the most cost effective method. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve a Change Order for the 911 Emergency Center Renovation Project with Palmer Construction Co., Inc., in an amount not to exceed $145,000 to install additional grounding systems beyond those included in the original scope of work, and to approve a budget transfer for these funds from the Elliott Parkway Fiber Optic Project. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to participate. RECESS – MEETING WITH SENATORS MIKULSKI & CARDIN AND LUNCHEON WITH “CHILDREN IN NEED” The Commissioners recessed at 10:40 a.m. to attend a presentation by Senators Mikulski and Cardin at the Funkstown Volunteer Fire Company to announce that Washington County has been awarded $1,997,240 in Federal AUGUST 5, 2008 PAGE FOUR grants through the U.S. Department of Homeland Security's Assistance to Firefighters Grant Program (AFGP). The Commissioners then traveled to Children in Need, Inc. for lunch and to tour its facility. AFTERNOON SESSION The afternoon session was called to order at 1:46 p.m. by Vice President Terry L. Baker with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Wivell, to convene in closed session at 1:46 p.m. 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 REGULAR SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 2:01 p.m. Unanimously approved. In closed session, the Commissioners considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were Commissioners Kristin B. Aleshire, Terry L. Baker, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Delegate LeRoy Myers; James Sterling, Director of Parks, Recreation & Facilities; and Joe Kroboth, Director of Public Works. PUBLIC SAFETY RADIO AND MOBILE DATA COMMUNICATIONS SYSTEM UPDATE Joe Kroboth, Director of Public Works, and Pete Loewenheim, Manager of the Communications Maintenance Department, met with the Commissioners to provide an update on the public safety radio and communications system project. Mr. Loewenheim provided an update on the contract with Motorola. He also provided a status of each of the following existing and new sites: Sideling Hill, Hancock, Fairview Mountain, Elliott Parkway, Maryland Rt. 65 & I-70, Mt. Quirauk; Lamb’s Knoll, downtown Hagerstown at the 911 Center, and the Sharpsburg Water Tank site. Mr. Kroboth and Mr. Loewenheim gave an update on their interaction with the National Park Service (NPS). Mr. Kroboth indicated that the additional information requested by the NPS was recently forwarded to them. He explained that the delay was caused by the need for nondisclosure agreements to be executed by all parties receiving the information since the system designed by Motorola is considered proprietary. Mr. Loewenheim stated that a meeting has been scheduled with NPS for August 20. He also noted that the County staff is in discussions with a property owner for an alternative tower site and are working to obtain input from the NPS. Mr. Loewenheim stated that two key individuals from the NPS have retired since the project started. Mr. Loewenheim informed the Commissioners that it is estimated that the project will not be completed until late fall 2009. He stated that the project will begin with a partial system and the remainder will be phased-in. This option is being researched from a technical and contractual perspective to see if it is viable. Mr. Loewenheim indicated that the 911 Center project is 90% complete. The meeting was opened for questions. TAKE FLIGHT BARBARA INGRAM SCHOOL FOR THE ARTS FOUNDATION - CIVIC ARTS PROJECT Pieter Bickford and Angie Youngblood, members of the Board of Directors of the Barbara Ingram School for the Arts Foundation, appeared before the Commissioners to provide Take Flight information regarding the Civic Arts Project. Mr. Bickford explained that their goal is to raise funds for the Barbara Ingram School for the Arts Foundation while enriching artistic collaboration, increasing visibility of downtown Hagerstown, promoting tourism, and celebrating community in the Arts and Entertainment District. He Take Flight stated that the project hopes to place thirty butterfly sculptures that are artistically decorated in the AUGUST 5, 2008 PAGE FIVE downtown Hagerstown area. The sculptures will then be auctioned off at the Butterfly Ball with the money going to the Foundation. Ms. Youngblood stated that the butterfly was chosen to represent the metamorphosis of the downtown area. The Foundation requested the Commissioners’ support of the project through sponsorship. Ms. Youngblood stated that Monarch Sponsorship is $3,500 and Emperor is $5,000. The meeting was opened for discussion and questions. Motion made by Commissioner Kercheval, seconded by Take Flight Aleshire, to support the Civic Arts Project by sponsoring the purchase of a butterfly sculpture at the $5,000 level to benefit the Barbara Ingram School for the Arts Foundation with funds to be taken from the Hotel Rental Tax Fund. The Motion carried with Commissioners Kercheval, Aleshire, and Baker voting “AYE” and Commissioner Wivell “ABSTAINING.” 2008 ON BEHALF OF (OBO) LOCAL GOVERNMENT HOUSING BOND ALLOCATION PROGRAM Motion made by Commissioner Kercheval, seconded by Aleshire, to assign Washington County’s 2008 housing bond allocation in the amount of $4,278,496 to the Community Development Administration for use in the Maryland Mortgage On Behalf of (OBO) Program for first-time homebuyers. Unanimously approved. CHANGE ORDER REQUEST – PUBLIC SAFETY FIBER OPTIC CONDUIT PROJECT Rob Slocum, Deputy Director of the Division of Public Works, and Vicky McKenzie, Project Manager, met with the Commissioners to request approval of a change order for the Public Safety Fiber Optic Conduit Project. Mr. Slocum stated that the project would revise the size of one of the three innerducts within the 4” conduit to accommodate the donated 96-count fiber optic cable; extend the conduit installation directly into the Communications Room at the Sheriff’s Office facility; and add pulling, fusion splicing, testing and terminating the fiber optic cable at the Sheriff’s Office facility, and the new 911 Center on Elliott Parkway, including the Tower Equipment Shelter. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve a Change Order with DA Foster Co. for the Public Safety Fiber Optic Conduit Project in the amount of $53,584.25 to revise the size of one of the three innerducts within the 4” conduit to accommodate the donated 96-count fiber optic cable; extend the conduit installation directly into the Communications Room at the Sheriff’s Office facility; and add pulling, fusion splicing, testing and terminating the fiber optic cable at the Sheriff’s Office facility, and the new 911 Center on Elliott Parkway, including the Tower Equipment Shelter. Unanimously approved. (Commissioner Wivell was excused from the meeting at this time.) DISCUSSION OF BRUMBAUGH-KENDLE-GROVE FARMSTED Carolyn Motz, Airport Director, and Phil Ridenour, Airport Fire Chief, appeared before the Commissioners to discuss the Brumbaugh-Kendle-Grove Farmstead located on the Hagerstown Regional Airport’s property. Ms. Motz introduced Airport Advisory Commission members in attendance as well as Mahesh Kukata, consultant from Airport Design Consultants, Inc., and Jennifer Mendelsohn, FAA Environmental Specialist. Ms. Motz provided historical information on the property and explained that the purchase was reimbursed with a Federal Aviation Administration (FAA) grant in 1999 for $830,305.24. The grant assurances provide specific guidance for the administration of the grant program by FAA. Ms. Motz reviewed correspondence with the Maryland Historic Trust (MHT) regarding the property. She indicated that a structural study completed in 2001 determined that it was in poor condition with a deteriorated roof, mold and mildew problems, and lacked a heating system and should not be rented out. This information was submitted to the MHT and it asked for reconsideration to allow for demolition. The MHT urged the Airport to consider all feasible options to rehabilitate the property and asked that an updated form be submitted. She stated that the Section 106 consultation is unresolved. Ms. Motz informed the Commissioners that the FAA feels the property is a security issue and because of the impediment to eligible airport development, the Airport staff and Airport Advisory AUGUST 5, 2008 PAGE SIX Commission have concurred that the structures should be relocated off airport property. The FAA would not support leaving the structures at their present location but recommended three potential outcomes: 1) A local historic society could relocate the facility, 2) Advertise for architectural salvage, and 3) Rehabilitate the farmstead with local funds and use it for Airport purposes. Ms. Motz noted that the relocation would be eligible for grant money up to the estimated cost to demolish and remove the structures. She stated that staff is in support of preserving all structures offsite and outlined the difficulties of on-site rehabilitation. Ms. Motz informed the Commissioners that the Airport Commission voted to remove the buildings and relocate them off Airport property to an appropriate site with the FAA money appropriated for demolition being used for the costs of relocation. She estimated the costs of relocation to be $352,000 - $500,000. The meeting was opened for questions from the Commissioners who asked for more detailed information about the possibility of relocation. George Anikis, Planning Commission Chair, and Sandy Izer, Historic District Commission member, distributed copies of letters from the FAA and MHT regarding the Brumbaugh- Kendle-Grove farmstead and the recommendations from both agencies. Mr. Anikis stated that the Planning Commission recommended rehabilitation and reuse of property. Ms. Izer provided their recommendation for the adaptive reuse of the property. She recommended the following: 1) The Commissioners grant an appropriation of $40,000 to immediately begin repairs and stabilization. 2) The Commissioners direct the Airport staff to work with the FAA to complete their obligations mandated by Section 106 and 36 CFR 800, and 3) Direct Airport staff to incorporate a determination of airport-related uses for this farmstead as part of their twenty-year airport plan update. She stated that she believes the Airport staff and FAA have not provided sufficient evidence to MHT that they have “investigated and presented feasible alternatives to demolition/removal to satisfy the mandated federal requirements.” The Commissioners asked if there was something temporary that could be done to secure the facility. They thanked both parties for their presentations and took the issue under consideration at this time. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 4:43 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk