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HomeMy WebLinkAbout040914 September 14, 2004 Hagerstown, Maryland The Commissioners attended a ribbon-cutting ceremony for the dedication of Phase II of the Francis Murphy Apartments. The apartment complex was developed by Interfaith Housing for low- income seniors, in partnership with the state of Maryland, Low Income Tax Credit program. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 11:06 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. 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. APPROVAL OF MINUTES – AUGUST 31, 2004 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of August 31, 2004, as amended. Unanimously approved. CITIZENS PARTICIPATION There was no one present who wished to comment. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on the meeting of the Historic District Commission and stated that they are reviewing the guidelines for the preservation of historic structures in the County. She informed the Commissioners that the Recreation and Parks Board met and discussed the shortage of softball and soccer fields in the County. Commissioner Nipps noted that there were 359 participants in the summer day camp program this year. She stated that she attended the Commission for Women meeting, Associated Builders and Contractors legislative breakfast, Chamber of Commerce open house, Greater Hagerstown Committee meeting, and Historic Advisory Committee meeting. Commissioner Nipps informed the Commissioners that she met with the Airport staff and a prospective business client for the Airport. Commissioner Wivell reported on the meetings of the PenMar Development Corporation and Greater Hagerstown Committee. He commended the staff for development of the Emergency Preparedness events held to commemorate 9/11. He also reported on the Associated Builders & Contractors breakfast meeting. Commissioner Wivell stated that the Commissioners were asked to hear a request that the Shank farm be included in the Urban Growth Area at tonight’s public hearing on individual property owner requests. Planning Director Mike Thompson stated that no formal request was received and that the request was therefore not included in the advertisements for the hearing. Mr. Thompson suggested that it could be incorporated in the process of rezoning the urban area, which will be the next step in the comprehensive rezoning. Commissioner Kercheval stated that the Planning Commission should make a recommendation before this request proceeds. Jason Divelbiss, attorney for the applicant, stated that if the case cannot be heard tonight, they would submit it for consideration on an individual basis and not wait for the comprehensive urban growth area recommendations. After discussion, it was the consensus of the Commissioners not to include this request in tonight’s hearing. Commissioner Kercheval stated that he attended the activities for emergency preparedness and the 9/11 commemoration services. He commended the County employees who participated in the United Way Day of Caring. Commissioner Kercheval stated that he attended the meeting held with citizens regarding the Broadfording Road Bridge. He informed the Commissioners that he and Commissioner Nipps would be switching boards. Commissioner Nipps will be the Commissioner representative on the Mental Health Authority and Commissioner Kercheval will serve on the Local Management Board. Commissioner Kercheval reported on the meetings of the Economic Development Commission and the Planning Commission. He stated that the Planning Commission would be considering issues regarding the development on Poffenberger Road. He also indicated that Monroe Manor estates was approved, as well as Chuck E. Cheese restaurant and Elmwood SEPTEMBER 14, 2004 PAGE TWO Farms. Commissioner Kercheval stated that he feels discussions are needed concerning long-range planning issues. Commissioner Snook reported that the Tri-County Council reviewed the priority list for the Appalachian Regional Commission. He stated that the Newgate pumping station is the number one project. Commissioner Snook informed the Commissioners that Hancock Middle/High School received a good rating from the Maryland School Construction program. He stated that the Maryland Insurance Administration would be holding meetings in Hagerstown on September 28 and 29. He thanked the Emergency Services Department for planning the 9/11 commemoration events. Commissioner Snook reported that there has been a change in the policy for reporting of zoning violations and that the name of the caller reporting the violation will no longer be given out as public information. REPORTS FROM COUNTY STAFF David Hankinson, Director of Human Resources, requested authorization to fill the Auto Mechanic vacancy at the Highway Department due to a recent resignation. Motion made by Commissioner Wivell, seconded by Munson, to approve the request to fill the Auto Mechanic vacancy at the Highway Department. Unanimously approved. Commissioner Snook informed the Commissioners that he authorized advertising to fill the upcoming vacancy for the Deputy County Attorney position. Motion made by Commissioner Munson, seconded by Nipps, to authorize filling the Maintenance Worker position in the Buildings, Grounds & Parks Department. Motion carried with Commissioners Munson, Nipps, and Snook voting “AYE” and Commissioners Wivell and Kercheval voting “NO.” Verna Brown, Emergency Management Coordinator, provided an overview of Citizens Emergency Preparedness Day activities. She stated that this was a joint effort with the City of Hagerstown. Ms. Brown also reported on the success of the Community Emergency Response Training (CERT) and thanked the Commissioners for their support. RECESS – LUNCH The Commissioners recessed at 12:06 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:05 p.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. COUNTY ATTORNEY ISSUES Richard Douglas, County Attorney, requested authorization to advertise the Deputy County Attorney position. Motion made by Commissioner Wivell, seconded by Nipps, to authorize advertising to fill the Deputy County Attorney position. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that County employees raised $1,004 during a special casual day to benefit the victims of Hurricane Charley through contributions to the American Red Cross. CHANGE ORDERS – AIRPORT SECURITY IMPROVEMENTS Motion made by Commissioner Nipps, seconded by Kercheval, to approve the following change orders for the Airport Security Improvement projects: 1) Change Order #1 for a decrease of $25,546.56 due to less fencing used and deletion of a gate for the project, and 2) Change Order #2 – increase of $32,248.98 to increase the time of the contract by 42 days for construction services due to inclement weather. Unanimously approved. SEPTEMBER 14, 2004 PAGE THREE APPOINTMENTS – LOCAL MANAGEMENT BOARD Motion made by Commissioner Munson, seconded by Nipps, to appoint William Mason, Milissa Sibley, Sherry Talbert, Donna Rudy, and James Wilhide to the Local Management Board for three- year terms, appoint Melicent Malcherson (to fill the unexpired term of Deb Addo) and Paul Pittman for two-year terms, and appoint Vivian Miller for a one-year term to fill the unexpired term of Grayson Oldfather. Unanimously approved. AMENDMENTS TO BUILDING EXCISE TAX ORDINANCE AND TRANSFER TAX ORDINANCE Richard Douglas, County Attorney, informed the Commissioners that House Bill 1049, enacted as Chapter 398 of the Acts of the 2004 General Assembly, amended the uses for which revenues from the Washington County building excise tax may be expended. He reviewed the revised Ordinance reflecting the following changes: 1) To include “primary, secondary, or higher education capital expenditures” as permissible uses for revenues. 2) To allow the municipalities that collect the tax on behalf of the County to withhold an administrative fee not to exceed two (2) percent to offset the cost of collection. 3) To amend the Ordinance so that these measures become effective July 1, 2004 to match the effective date of the measure. The Commissioners then reviewed the changes and discussed how to establish an administrative fee and the percentage rate that would be appropriate. They considered setting a ceiling cap or setting it by resolution. After discussion, it was the consensus to take this matter under consideration until additional information can be obtained from the municipalities regarding the actual costs. Mr. Douglas then reviewed the expanded uses approved by the 2004 General Assembly for which revenues from the Washington County transfer tax may be expended. Like the building excise tax, the amendments to the transfer tax would allow revenues to be used for “primary, secondary, or higher education capital expenditures.” Language was also added that provides for “the purchase of easements and transferable development rights using installment purchase agreements.” Mr. Douglas stated that the amendments to the Ordinance should also be made to coincide with the July 1, 2004 effective date of the legislation. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the amendments to the Transfer Tax Ordinance to expand and clarify the uses for which revenues from the transfer tax may be expended. Unanimously approved. (A copy of the revised Ordinance is attached.) SOLE SOURCE CONTRACT AWARD - INSPECTION TRACKING SYSTEM AND ON- LINE PERMITTING FOR DEPARTMENT OF PERMITS AND INSPECTIONS Motion made by Commissioner Nipps, seconded by Wivell, to award a sole source procurement to Accela for the purchase of Accela Wireless in the amount of $41,720 with the total implementation cost of $112,770, and approve the sole source procurement to Accela for the purchase of Velocity Hall in the amount of $44,530, with funding as outline ($75,000 from Technology Development & Upgrade CIP Fund, $25,000 from the permit fee increase, $10,000 from unused Planning Department wages and $2,770 from unused Permits and Inspection wages in FY 2005-06). The award is a sole source procurement based on Sections 1- Code of the Public Local Laws of 106.2(a)(1) and (2) of the Washington County . Unanimously approved. BID AWARD – TERMINAL BUILDING MODIFICATIONS – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for terminal building modifications at the Hagerstown Regional Airport to Excel Contractors, Inc., which submitted the low responsive, responsible bid of $891,870. Unanimously approved. GRANT AGREEMENTS – MARYLAND AVIATION ADMINISTRATION (MAA) – RUNWAY EXTENSION PROJECT Motion made by Commissioner Nipps, seconded by Munson, to approve the following three grant agreements relative to the runway extension project at Hagerstown Regional Airport: 1) MAA-GR-05-014 - $210,526 (State portion) for improvement costs not covered under the FAA Letter of Intent for off-site borrow material for embankment construction; and 3) MAA-GR- SEPTEMBER 14, 2004 PAGE FOUR 05-016 - $8,000,000 for earthwork and Route 11/bridge roadwork associated with the Runway 09-27 enhancement project. Motion carried with Commissioners Nipps, Munson, Kercheval and Snook voting AYE and Commissioner Wivell voting NO. Motion made by Commissioner Nipps, seconded by Kercheval to approve the Agency Agreement with the Maryland Aviation Administration to allow Federal funds to be passed through to Washington County. Unanimously approved. RECOMMENDATION TO HIRE CIVIL ENGINEER & SALARY ADJUSTMENTS TO OTHER POSITIONS IN THE ENGINEERING DEPARTMENT David Hankinson, Director of Human Resources, met with the Commissioners to recommend that they employ David Mason as a Civil Engineer at an annual salary of $59,988. Mr. Hankinson reviewed Mr. Mason’s employment history and stated that he has the skills and experience for the position. Motion made by Commissioner Nipps, seconded by Munson, to employ David Mason as Civil Engineer (Grade 15) in the Engineering Department at a salary of $59,988 to fill an existing vacancy. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” Mr. Hankinson then reviewed his recommendation to make salary adjustments to other positions in the Engineering Department. He stated that the turnover of personnel in the Department has had an impact on various County projects. Mr. Hankinson noted that the quality of the Engineering Department would suffer as more employees leave County government due to the wage disparity that exists with the public sector. He listed the proposed salary adjustments for each position. The Commissioners discussed the request. They agreed that they did not support the raise being retroactive. Commissioner Wivell stated that he could not support the request and expressed concerns that it would create inequities in other departments. Motion made by Commissioner Nipps, seconded by Kercheval, to approve adjustments to the salaries in the Engineering Department as proposed: Deputy Chief Engineer - $68,467, Civil Engineer - $59,988, Civil Engineer - $60,576, Bridge Engineer - $60,916, Plan Reviewer - $56,486, Plan Reviewer - $56, 486, Chief of Surveys - $49,114, SWM/Utility Pmt. Coordinator - $45,477, ET III - $41,040, Engineering Inspector - $36,282, Engineering Inspector - $38,989, Engineering Inspector - $37,574, and ET II - $37,620. Motion carried with Commissioners Nipps, Kercheval, and Snook voting AYE and Commissioners Wivell and Munson voting NO. APPLICATION FOR MAP AMENDMENT – KETTLER BROTHERS (WS-04-001) Tim Lung, Senior Planner, reviewed the requested amendment that was made by Kettler Brothers on behalf of the property owners, Ronald and Patsy Milburn, to the Washington County Water and Sewerage Plan (the “Plan”) to provide public water and sewerage service to 30.04 acres of land located west of Md. Route 34, Keedysville. Mr. Lung stated that the Plan would be amended as follows: 1) Chapter Three, Map No. 72, would be amended to show the property as being included in a Rural Village Water Service Area with a Water Service Priority Classification of W-5 (Planned Service); and 2) Chapter Four, Map No. 72, would be amended to show the property as being included in a Rural Village Sewerage Service Area with a Sewerage Service Priority Classification of S-5 (Planned Service). He stated that the Planning Commission has recommended approval of the amendment. The Commissioners discussed the application and the importance of having an Adequate Public Facilities Ordinance (APFO) for schools. They considered approving it if the Town of Keedysville passes an APFO. Commissioner Wivell stated that he would not support the issue because he feels it would hold the Town of Keedysville hostage. Motion made by Commissioner Kercheval, seconded by Nipps, to approve/deny application WS-04-001, made by Kettler Brothers to amend the Washington SEPTEMBER 14, 2004 PAGE FIVE County Water and Sewerage Plan from W-7, S-7 (No Planned Service) to W-5, S-5 (Planned Service) to become effective when the Town of Keedysville enacts an APFO Ordinance. Motion made by Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” PROPOSED EMERGENCY MEDICAL SERVICE COORDINATOR POSITION Joe Kroboth, Director of Emergency Services, met with the Commissioners regarding his proposal to create a position within his Department to coordinate emergency medical services. Mr. Kroboth stated that the Volunteer Fire and Rescue Association voted 13-12 to keep the EMS Coordinator position within the Association. He recommended that the Commissioners postpone any vote and support the VFRA’s position. Mr. Kroboth also suggested that the Commissioners ask them to report to the County on the status of emergency medical services in six months. He stated that Tom Altman, President of the VFRA, realizes the problems they are facing and agreed to work toward attaining the training goals. Commissioner Wivell thanked Mr. Kroboth for coming forward with the recommendation and applauded him for working with the Association on this matter. The Commissioners discussed the recommendation and agreed with Mr. Kroboth’s suggestion. Motion made by Commissioner Wivell, seconded by Kercheval, to accept the recommendation made by the Director of Emergency Services not to create an Emergency Medical Service Coordinator under County government, but to continue to support the position being with the Volunteer Fire & Rescue Association with the condition that the Association report back to them in six months. Unanimously approved. FOURTH QUARTER BUDGET ADJUSTMENTS – BOARD OF EDUCATION Motion made by Commissioner Nipps, seconded by Munson, to approve the following fourth quarter budget adjustments as requested by the Board of Education by decreasing the following categories: Administration - $47,604; Mid-level Administration - $3,401; Instructional Salaries - $90,568; Instructional Textbooks & Supplies - $105,518; Student Personnel Services - $11,812; Student Transportation Services - $39,340; Operation of Plant - $53,383; Maintenance of Plant - $800,342; and Fixed Charges - $158,002; and to increase the following categories: Revenue - $180,503; Other Instructional Costs - $117,610; Special Education - $369,334; Student Health Services - $11,057; and Capital Outlay - $937,186, for a total adjustment to the Fund Balance of $55,286. Unanimously approved. ADJUSTMENT TO BOARD OF EDUCATION’S CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET Motion made by Commissioner Nipps, seconded by Munson, to approve the proposed category changes to the Board of Education’s CIP budget to cover a shortfall of $12,000 on the Williamsport Elementary School project from four smaller projects. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 3:08 p.m. to discuss personnel matters that affect one or more specific individuals, consult with counsel to obtain legal advice, consult with staff about pending or potential litigation, and consider matters that concern proposals for businesses or industrial organizations to locate, expand or remain in the state, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Munson, seconded by Nipps, to reconvene in open session at 5:35 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters that affect one or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, consulted with staff about pending or potential litigation, and considered matters that concern proposals for businesses or industrial organizations to locate, expand or remain in the state. Present during closed session were SEPTEMBER 14, 2004 PAGE SIX Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Richard Stringer, Mark Webner, and David Morgan, Department of Health and Mental Hygiene; Gary Rohrer, Director of Public Works; David Hankinson, Director of Human Resources; Carolyn Motz, Airport Manager; Tim Troxell, Executive Director of the Economic Development Commission (EDC); and Doug Wright, Chairman of the EDC. EMPLOY – BUSINESS DEVELOPMENT SPECIALIST Motion made by Commissioner Wivell, seconded by Kercheval, to employ Robin Feree as Business Development Specialist in the Economic Development Commission Office at a salary of $60,000. Unanimously approved. RECESS The Commissioners recessed at 5:37 p.m. PUBLIC HEARING – COMPREHENSIVE REZONING OF RURAL AREAS - ADDITIONAL REQUESTS TO REVIEW ZONING A public hearing was called to order at 7:00 p.m. in Court Room No. 1 by President Gregory I. Snook with the following members present: Vice President William J. Wivell, Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps to hear additional formal requests to review zoning in the Comprehensive Rezoning of the Rural Areas. Staff members present at the hearing were Rodney Shoop, County Administrator; John Martirano, Deputy County Attorney; Michael Thompson, Planning Director; and Steve Goodrich, Chief Senior Planner. Presentation of Requests #31-37 – Michael Thompson Mr. Thompson explained that the additional requests were received during the comment period following the October 8, 2003 public hearing on the comprehensive rezoning. He explained that the previous requests (#1-30), received last year during the public hearing timeframe, were discussed by the Commissioners during a workshop meeting held last week. The Commissioners will make a final recommendation on all of the formal requests later. He also stated that the request for Freedom Hills (#35) would not require any action because the property is located within the Urban Growth Area (UGA). Also, the request for the Martin family property (#36) was previously acted upon by the Commissioners on October 28, 2003 (RZ-03-001). Mr. Thompson proceeded to read each request, as listed on the agenda. After presentations and public testimony were heard, the public hearing was adjourned at 7:37 p.m. , County Administrator _________________________, County Attorney Clerk _______________________________,