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HomeMy WebLinkAbout06.07.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland June 7, 2011 JOINT MEETING WITH THE WASHINGTON COUNTY BOARD OF EDUCATION The Board of County Commissioners met with the Board of Education at its offices located at 820 Commonwealth Avenue, Hagerstown. County Commissioner President Terry L. Baker called the meeting to order at 8:42 a.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Board of Education members present were Paul Bailey, Wayne Ridenour, Justin Hartings, Karen Harshman, Donna Brightman, and Jacqueline Fischer. Third Ouarter Budeet Adiustments — FY 2011 General Fund Chris South, Chief Financial Officer for Washington County Public Schools (WCPS), requested adjustments to the Second Quarter FY 2011 General Fund Budget by decreasing the following categories: Revenue - $1,169,662.00; Administration - $68,924.00; Mid - Level Administration — $18,780.00; Instructional Textbooks and Supply - $2,553,585.00; Other Instructional Costs - $101,476.00; Student Transportation Services - $35,274.00; Capital Outlay - $464,265.00; and Fixed Charges - $203,295.00; and by increasing the following categories: Instructional Salaries - $28,562.00; Special Education - $142,928.00; Operation of Plant - $340,182.00; and Maintenance of Plant - $464,265.00, for a net fund balance change of $0. Mr. South discussed the line items with the Commissioners. Commissioner Callaham, seconded by McKinley, moved to approve the requested FY 2011 Third Quarter Budget Adjustments for a net change in the Fund Balance of $0. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 8:48 a.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. The motion passed unanimously. 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 Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney, Joe Kroboth, III, Public Works Director, Joe Kuhna, Real Property Administrator. Elected Board of Education members present were Paul Bailey, Wayne Ridenour, Justin Hartings, Karen Harshman, Donna Brightman, and Jacqueline Fischer; Superintendent of Schools Clayton M. Wilcox, Interim June 7, 2011 Page 2 Superintendent Stan Schaub, and Board of Education Staff Chris South, Boyd Michael, Michael Markoe, Donna Hanlin, Chad Criswell, Rob Rollins, Anthony Trotta, Donna Newcomer, David Brandenburg, and Shula Finkelstein. RECONVENE IN OPEN SESSION Commissioner Barr, seconded by McKinley, moved to reconvene in regular session at 9:18 a.m. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:59 a.m. at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr provided the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — Mav 24, 2011 Commissioner Barr, seconded by Callaham, moved to approve the minutes of May 24, 2011. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline provided information on the second annual Washington County Garden Tour to be held on June 11. He attended meetings of the Agricultural Education Center Board and Washington County Volunteer Fire and Rescue Association, and the Congress on Medicare sponsored by Congressman Roscoe Bartlett. Mr. Cline volunteered at the Star Equestrian Center carnival, and enjoyed the National Pike Wagon Train event. He attended the "Little Bit of Country" musical sponsored by the County's Recreation Department and a meeting of the Small Business Entrepreneurial Resource Center. Commissioner Cline was present at the Maryland Municipal League (MML) meeting in the Town of Smithsburg where student Leah Kline was recognized for her winning essay for the "If I Were Mayor" contest. He attended the opening ceremony for the relocated George W. Comstock Center for Public Health, the graduation ceremony for the Family Center, and the dinner for Washington County Public Schools (WCPS) retired teachers. Commissioner Cline reported on the wreath -laying ceremony at Sharpsburg and the Boonsboro Memorial Day parade where he participated with his father, a World War II veteran. He attended a Chamber of Commerce Board meeting and a Chamber -sponsored event where the County's Economic Development Commission Department presented the program. He also attended a meeting of the Boonsboro Mayor and Town Council. Commissioner Callaham reported on the Fountaindale Elementary School Exhibition of Student Learning for second graders, and an Agricultural Marketing Advisory Board meeting. She advised of telephone calls received concerning graffiti on a property located June 7, 2011 Page 3 on Northern Avenue. County Administrator Greg Murray advised that a letter had been sent to the owner. Ms. Callaham discussed comments from citizens regarding the new charges for yard waste disposal to be implemented at the County landfill beginning July 1. Mr. Murray proposed to discuss a possible alternative to the issue later in today's meeting. He noted that yesterday was the 67r" Anniversary of D -Day and he acknowledged all veterans for their service. Commissioner Barr reported that he attended the annual Board meeting of the Washington County Museum of Fine Arts and noted that the grand opening of the atrium would be held this weekend. He attended the University System of Maryland -Hagerstown Campus graduation ceremonies and the WCPS retiree dinner. Mr. Barr provided information on a Meet and Greet event with Frederick and Carroll Counties, attended by project contractors for the Waste to Energy Program in Frederick. He enjoyed the fifth annual Exhibition of Student Learning at Salem Elementary School, the Shining Star luncheon for the WCPS Education Foundation, and a Wine and Dine event for the Meritus Health Foundation. Commissioner Barr attended meetings of the Local Management Board, Area Agency on Aging, and MML. He reported on plans to upgrade overhead power transmission lines in the SmithsburglRinggold area and indicated that the Public Service Commission (PSC) confirmed that only existing rights-of-way would be accessed for the project. Commissioner Barr noted that preliminary approval was received fiom the PSC for a 20 Megawatt solar energy facility at the local prison. Commissioner McKinley stated that he attended the WCPS retiree dinner and a Conductor's Circle reception by the Maryland Symphony Orchestra. He participated in the Sharpsburg and Boonsboro Memorial Day parades to honor veterans and attended the Chamber of Commerce "Eggs and Issues" breakfast. Commissioner McKinley reported meeting with a group of citizens from South County to discuss concerns. He mentioned a letter fiom Martin Palmer regarding a historic area and plans for development in the area. Commissioner Baker noted that he attended the joint public hearing regarding the Water Resources Element (WRE) amendment to the County's Comprehensive Plan and the Family Center graduation ceremonies. He was present at a Republican Club -sponsored event featuring Michael Steele and a Republican Club meeting where representatives from the local delegation discussed the past legislative session. Commissioner Baker reported that he presented the "E. Russell Hicks -Louis E. Tuckerman American History Award" to retiring history teacher James Hutson. He attended the Washington County Technical High School graduation. Mr. Baker spoke to Congressman's Bartlett's representative Bud Otis at a Community Action Council meeting regarding needs in the community. Commissioner Baker suggested that the Commissioners meet with newly appointed EDC members. He reported that batting cages and fencing improvements at the Kemp's Mill Park would be installed soon. He congratulated Commissioner Callaham on her recently announced retirement as the Director of Food Resources, Inc. June 7, 2011 Page 4 UPDATE ON DIRECT AIR SERVICES TO MYRTLE BEACH, SC AND LAKE LAND, FL Phil Ridenour, Airport Director, and Greg Larsen, Airport Business Development Manager, provided information on Direct Air and its planned services from Hagerstown Regional Airport (HGR) to Myrtle Beach, South Carolina and Lakeland, Florida. Phil Ridenour informed the Commissioners of employee training and accommodations made at HGR facilities to prepare for processing passengers and handling baggage when flights begin on June 23. Greg Larsen indicated that the aircraft being used are MD -88s with 139 seats. He also mentioned possible destinations that may be offered by the airline in the future. Mr. Larsen praised Direct Air representatives and Lakeland officials for partnering with HGR in marketing and potential economic development efforts. Several Commissioners discussed purchasing their own tickets to greet Lakeland officials on the inaugural flight. CITIZENS PARTICIPATION There was no one present who wished to participate. ACOUISITION OF SEWER EASEMENT —16907 VIRGINIA AVENUE Joe Kuhna, Real Property Administrator, and Mark Bradshaw, Deputy Director for Engineering Services -Division of Environmental Management, requested approval from the Commissioners to close negotiations for the acquisition of a sewer line easement for a new line installation at 16907 Virginia Avenue, Hagerstown. Mr. Kuhna advised that the purchase is necessary to permit the construction of a new forced main sewer line to assist in the reduction of flow through the current line, which is overburdened. He estimated the acquisition cost to be approximately $25,000.00 after negotiations with the property owner. The Commissioners discussed details of the project and acquisition costs. Commissioner Barr, seconded by McKinley, moved to permit the Real Property Administrator to close negotiations for the acquisition of a sewer line easement for new line installation at 16907 Virginia Avenue as presented. The motion passed unanimously. ACOUISITION OF REAL PROPERTY — MARSH PIKE AND LONGMEADOW ROAD Joe Kuhna requested approval to enter into three Option Agreements for partial acquisitions of property located at 13411 Marsh Pike, 13333 Marsh Pike, and 19334 Longmeadow Road totaling $80,700.00. He indicated that the acquisitions are necessary for future widening and improvements to be performed in the area, which include sidewalks for children attending Paramount Elementary School. Mr. Kuhna stated that acquisition funds are contained in the CIP Budget. Commissioner Callaham, seconded by McKinley, moved to approve the three Option Agreements and to adopt an Ordinance approving the purchases as presented. The motion passed unanimously. (Ordinance No. ORD -2011-11 is located in the County Commissioners' Office) June 7, 2011 Page 5 OTHER BUSINESS RFPORTS FROM COUNTY STAFF: Division of Plan Review and Permitting Jennifer Smith, Director -Division of Plan Review and Permitting, and Angela Smith, Deputy Director, provided a progress report on the 2011 County -sponsored Excise Tax Stimulus Program. Ms. Smith advised that 61 permits were issued during the past four months representing a total credited amount of $272,128.50 - approximately 76% of the total excise tax due on those projects. She compared the figures to the 2010 Stimulus program, which covered 129 projects with approximately $539,000.00 collected. Greg Murray contrasted that figure to the $709,000,00 collected to date for 2011, showing over a $169,000.00 difference. He noted that the program has helped to create jobs locally, increase the tax base, and provide revenue to the County. The Commissioners will decide whether to extend the program when the expiration date nears. Human Resources County Administrator Greg Murray reported that the early retirement incentive offered to eligible employees was a success in that more employees accepted the incentive than was anticipated, and therefore, the County would realize direct salary savings of $121,653.00 plus overhead savings for a total approaching $150,000.00 annually. Dec Hawbaker, Acting Health and Human Services Director, stated that ten employees bad accepted the retirement incentive offer to date. In addition, twelve positions that were previously eliminated would be permanently taken off the rolls. Ms. Hawbaker requested permission to advertise to fill the positions vacant positions: Department of Budget and Finance - Accountant (Grade 13); Transit Department — Fleet Manager (Grade 13); Division of Plan Review and Permitting — Parks & Environmental Planner (Grade 12); Department of Water Quality — Inventory Clerk/Equipment Operator (Grade 8); Department of Water Quality — Skilled Tradesworker (Grade 9); and Highway Department — three Equipment Operator I positions (Grade 6) at the Central Section. Commissioner Callaham, seconded by Barr, moved to approve advertising to hire for the twelve positions as presented. The motion passed unanimously. Public Works Joe Kroboth, III, Public Works Director, noted the status of several Public Works projects: the Barnes Road Bridge Project and the Highway Department's Maintenance Shop are now completed, the new Transit Center would be completed next month, and the Detention Center 96 bed expansion is in progress. He reported that the downtown library remodeling project is underway as are the summer pavement maintenance program, Halfivay(Massey Boulevards intersection improvement project, and the Devil's Backbone Dam Repair Project. He added that the Senior Center project should soon be placed out for bid, June 7, 2011 Page 6 OUOTATION AWARD — REMOVAL OF COMMUNICATION TOWERS Rick Curry, Buyer -Purchasing Department, and Joe Kroboth, III, Public Works Director, requested a Quotation Award (Q-11-527) for Design/Build/Removal/Disposal Replacement of Communications Towers and Associated Hardware. Mr. Kroboth stated that the quotation involved demolition of towers for the Volunteer Fire Company of Halfway, Smithsburg Community Volunteer Fire Company, and the Western Enterprise Fire Company. He informed the Commissioners that because the anticipated cost was below $50,000.00, the bid quotation process was used in accordance to the Code of the Public Local Laws of Washineton County, Maryland, and not the formal bid process. After the bids received exceeded $50,000.00, they were reviewed, and it was deemed that following through with the process was the best way to proceed. Mr. Curry advised that fifty-one vendors requested the packet, a large amount for any bid, which shows wide distribution. He recommended that the award go to the responsible, responsive low bidder, Allstate Tower Company, Inc. of Henderson, Kentucky, for the lump sum amount of $93,580.00. The Commissioners discussed the bidding process. Commissioner Barr, seconded by Cline, moved to award Quotation Award (Q-11-527) for the Volunteer Fire Company of Halfway, Smithsburg Community Volunteer Fire Company, and Western Enterprise Fire Company to the responsible, responsive low bidder, Allstate Tower Company, Inc. of Henderson, Kentucky for $93,580.00 as presented. The motion passed unanimously. APPROVAL TO USE UNEXPENDED FUNDS FROM THE COMMUNICATIONS MAINTENANCE FY 2011 OPERATING BUDGET Pete Loewenheim, Communications Maintenance Manager, requested approval to use $63,110.88 in unexpended funds from the Communications Maintenance FY 2011 Operating Budget to purchase a one-year Motorola Service Agreement for 9-1-1 system logging recorders. Mr. Loewenheim indicated that the warranty for the recorders expires on June 15, 2011 and that his department is not prepared to cover maintenance of the recorders at this time as planned. He advised that after the one-year warranty period ends, his department would be able to provide the required maintenance services at a reduced cost. The Commissioners discussed the proposal. Commissioner McKinley, seconded by Barr, moved to approve the purchase of a one-year Motorola Service Agreement for the 9-1-1 system logging recorders from unexpended FY 2011 funds in the Communications Maintenance operating budget as presented. The motion passed unanimously. County Administrator County Administrator Greg Murray initiated a discussion of the yard waste charges at the Landfill that are to be implemented on July 1, 2011 and the unintended consequences of delays at the weigh scales and higher costs to citizens. He proposed that an optional yearly yard waste disposal fee of $15.00 could be established that would be added to the previously approved $130.00 and $95.00 residential municipal solid waste drop off permit June 7, 2011 Page 7 fees. Mr. Murray detailed the cost of purchasing and maintaining the equipment necessary to process waste and yard debris and the desire that the Landfill be a self-supporting enterprise service paid for by its users and not taxpayers. The Commissioners discussed the proposal and Mr. Murray stated that he would return later in the meeting after consulting with counsel regarding the necessary procedure so the matter may be set on the June 14 agenda. RECESS The Commissioners recessed at 12:09 p.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:25 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. APPLICATION FOR REZONING ON REMAND FROM THE CIRCUIT COURT APPLICANT: MARTIN MARIETTA MATERIALS. INC. (RZ-07-007) Steve Goodrich, Acting Director/Chief Planner -Department of Planning and Zoning, provided information regarding the rezoning application made by Applicant Martin Marietta Materials, Inc. in 2007 (Rezoning Case No. RZ-07-007) and the events leading up to the remand from the Circuit Court to the County Commissioners "to consider the application of all factors set forth in Section 15.3 in light of the applicable case law." Kirk C. Downey, Assistant County Attorney, indicated that the Applicant had requested that the 77.08 -acre property be rezoned from Agricultural (Rural) to Agricultural (Rural) with an Industrial, Mineral Overlay. He suggested that the Applicant had met all of the applicable standards for the rezoning and that there is no strong basis for denial of the request. Mr. Downey stated that the new Commissioners have thoroughly reviewed the case record in order to make an informed decision in the matter. He outlined the conditions that were recommended by the Planning Commission and accepted by the Applicant, and advised to their inclusion if approval is granted. The Commissioners discussed the matter. Commissioner Baker indicated that he was against approval. He stated that he believed there was a change in the character of the neighborhood and that another public hearing was necessary to give citizens further opportunity to participate in the process. After further discussion, it was the consensus of the Commissioners to approve the rezoning with the recommended conditions submitted by the Planning Commission and agreed to by the Applicant, and to direct Mr. Downey to prepare the required Findings of Fact. WASHINGTON COUNTY DAIRY MONTH Jeff Semler, Extension Educator for the University of Maryland Extension Office, accepted a proclamation from the Commissioners recognizing June 2011 as Washington County Dairy Month. He indicated that dairy farming is the number one agricultural industry in June 7, 2011 Page 8 Washington County. He introduced Dairy Princess Tessa Wiles and Dairy Maids Macayla Wiles and Carol DeBaugh, who were also in attendance. Mr. Semler introduced David and Betsy Herbst and described their efforts to market milk locally in Washington County. The Commissioners joined the group in a milk toast to Dairy Month, GENERAL DISCUSSION — GOVERNOR'S REPRESENTATIVE Christopher Uhl, Western Coordinator for Governor Martin O'Malley, introduced himself to the Commissioners and advised that he may be contacted as a resource and voice in the Governor's office. Mr. Uhl discussed "Project Stat" that allows certain priority projects to be reviewed simultaneously instead of in phases within different state departments. He advised that he would be meeting with the County's EDC in the next few weeks. The Commissioners thanked Mr. Uhl for coming to Washington County. ADEOUATE PUBLIC FACILITIES ORDINANCE MITIGATION Assistant County Attorney Andrew F. Wilkinson opened a discussion of the Adequate Public Facilities Ordinance (APFO) school mitigation process and the proposals being considered by the Commissioners. Mr. Wilkinson discussed each proposal and the Commissioners agreed by consensus continue discussion concerning: 1) raising the standard for elementary school capacity in the APFO to 100 percent of the school's state - rated capacity (currently at 90 percent); 2) providing a formula for developers to use as a beginning point in the mitigation process; 3) clarifying as to what point in the planning process mitigation payments would be paid; 4) adding a provision to allow the County to reopen school mitigation negotiations after an agreement is approved; 5) reviewing the time period for when potential students from an approved development, not yet built, are factored into school capacity calculations; 6) maintaining the donation of land as a mitigation tool; 7) maintaining the direct improvements to schools as a mitigation tool; and 8) considering when APFO testing should take place. The process will be discussed further at a future meeting where additional information on the proposed options will be provided. LANDFILL PERMIT STICKER FOR YARD WASTE Greg Murray advised that, after consulting with the County Attorney's Office, a public hearing is not specifically required to change the proposed fee for yard waste but that it has been the practice of the County for many years to conduct such a public hearing when adding or modifying a landfill user fee and staff strongly recommends that a public hearing be held. As a result, Mr. Murray proposed that a public hearing be held during the June 14, 2011 Commissioners' meeting for the purpose of considering a modification of the landfill user fees adopted by the Board on April 19, 2011, effective July 1, 2011, by establishing an optional $15.00 annual permit fee for the unlimited disposal of residential yard debris to be added to the previously approved $130.00 and $95.00 residential municipal solid waste drop-off permit fees. It was the consensus of the Commissioners to agree to the proposal. CONVENE IN CLOSED SESSION Commissioner Baty, seconded by McKinley, moved to convene in closed session at 3:39 p.m. to discuss the appointment, employment, assignment, and/or performance evaluation June 7, 2011 Page 9 of appointees, employees, or officials over whom it has jurisdiction; 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. The motion passed unanimously. In closed session, the Commissioners discussed the appointment, employment, assignment, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; and at various times Norman Bassett, Disabilities Coordinator; Angela Smith, Deputy Director -Division of Plan Review and Permitting, Dave Engle, Director -Washington County Department of Social Services; and Delores Harmon, Chair -Washington County Social Services Board. ADJOURNMENT Commissioner McKinley, seconded by Barr, moved to adjourn at 4:37 p.m. The motion passed unanimously. Gregor ray, Con y Administrator John M. Martiran�rirty Attorney �L Vicki C. Lumm, County Clerk