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March 1, 2005
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:30 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 Nipps followed by
the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – FEBRUARY 22, 2005
Motion made by Commissioner Nipps, seconded by Munson, to
approve the minutes of February 22, 2005, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the MACo Legislative
Committee meeting. He stated that House Bill 1186 regarding
property tax assessment rates would be discussed today.
Commissioner Snook informed the group that Gary Rohrer, Director
of Public Works, is drafting a letter in response to the
Historical Advisory Committee’s comments regarding the Barnes
Road Bridge project.
Commissioner Munson stated that his board meetings were
cancelled last week due to inclement weather.
Commissioner Snook reported on the MACo Legislative Committee
and the proposed restoration of State transportation funding to
counties. He also provided information on St. Mary’s County’s
excise tax calculation. Commissioner Snook distributed a copy
of a letter from the Maryland Department of the Environment to
the Environmental Protection Agency asking that they reconsider
their decision to designate Washington County as a non-
attainment area for air quality standards. He informed the
Commissioners of his discussions with Senator Munson regarding
the designated funds for agricultural preservation as contained
in the proposed excise tax legislation. He stated that he met
with Judge Wright and Sheriff Mades regarding the Court House
renovations, and the architect has been asked to see if
additional security measures can be incorporated in the plans
for the new courtroom. Commissioner Snook informed the
Commissioners that he contacted congressional representatives on
the importance of having the “essential air service” designation
at the Hagerstown Regional Airport and asked them to pursue this
matter with the Department of Transportation. He indicated that
the State of the City presentation had been rescheduled for
March 15.
REPORTS FROM COUNTY STAFF
Norman Bassett informed the Commissioners that the Disabilities
Advisory Committee approved sending a letter to the County
Delegation regarding Holly Place and asking that the State find
a long-term solution to those funding issues.
CHANGE ORDER – CLOSE-OUT OF CITICORP/NORTH COUNTY REGIONAL
STORMWATER MANAGEMENT POND
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the final change order with David H. Martin Excavating
Incorporated for a decrease of $67,931.38 in the contract for
the Citicorp/North County Regional Stormwater Management Pond
project. Unanimously approved.
BUDGET TRANSFER REQUEST – HAGERSTOWN COMMUNITY COLLEGE
Motion made by Commissioner Munson, seconded by Nipps, to
approve the transfer of $44,587 from the oil tank replacement
project to boiler replacement and milling/overlay of parking
lots and roadway from the CIP budget as requested by Hagerstown
Community College. Unanimously approved.
DEDICATION OF RIGHT-OF-WAY – MAUGANS AVENUE & MASSEY BOULEVARD
Motion made by Commissioner Munson, seconded by Nipps, to accept
175 feet of right-of-way from Menno Martin for property needed
for the Maugans Avenue road improvement project (Plat 3725).
Unanimously approved.
MARCH 1, 2005
PAGE TWO
Motion made by Commissioner Munson, seconded by Nipps, to accept
180 feet of right-of-way being dedicated from Crown America for
improvements to the roadbed and to facilitate a right-turn lane
at Massey Boulevard. Unanimously approved.
CITIZENS’ PARTICIPATION
Tom Lynch, counsel for Westfields Development, LLC, appeared
before the Commissioners again requesting their assistance in
obtaining a grading permit for Phase 3 of the Westfields
Development. Commissioner Snook informed him that the
Commissioners would be discussing this matter in Closed Session
later this afternoon. Mr. Lynch stated that, if he does not
receive an answer within ten days, he anticipates that he would
be instructed to take further action against the Commissioners.
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET DISCUSSION
The Commissioners continued their review of the projects
submitted for the Capital Improvements Program (CIP) for Fiscal
Years 2006-2011. Debra Bastian, Finance Director, Mike
Thompson, Planning Director, and Gary Rohrer, Public Works
Director, attended the workshop.
The Commissioners reviewed Hagerstown Community College’s (HCC)
CIP budget requests. Dr. Guy Altieri, President of HCC,
requested that an emergency roof replacement project be added to
the 2006 CIP budget request to allow them to proceed to bid the
project and utilize State funding for it. Dr. Altieri asked
that they expand the CIP allocation to the College by $344,000
to cover the shortfall for emergency roof repairs on the Science
Building, Technology Building, and heating and cooling plant.
He explained that the project would initially be funded from
HCC’s cash reserves and then be reimbursed by the 2006 CIP
funds. Commissioners Wivell and Munson suggested that a letter
be sent to the Delegation prior to the next legislative session
regarding the State’s prevailing wage rate requirements, which
contributed to the cost of the project. Commissioner Wivell
expressed concern that the State would not provide additional
funding for the increase in project costs. The Commissioners
then reviewed the remaining CIP projects for HCC.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the inclusion of $344,000 in Hagerstown Community
College’s FY 2006 CIP budget for emergency roof repairs to the
Science and Technology Buildings and the Heating and Cooling
plant. Motion carried with Commissioners Nipps, Kercheval, and
Snook voting “AYE” and Commissioners Munson and Wivell voting
“NO.”
Ms. Bastian outlined the changes in the CIP format and stated
that the total cost of the project would be shown as well as the
total funding sources – both State and local. She indicated
that the State is looking into questions regarding the forward
funding of projects and their reimbursement when State funding
does not occur in the same year as the construction. She asked
if the Commissioners wanted these revisions made to the budget
submittal. After discussion, the Commissioners agreed to
include the revised figures.
The Commissioners then reviewed the Board of Education’s CIP
budget requests. Ms. Bastian stated that she would return in a
few weeks to discuss the potential revenues after it is
determined whether the General Assembly passes the slots bill,
which would provide additional revenue for education. Rodney
Shoop, County Administrator, indicated that the proposal
basically funds the Board of Education’s CIP budget proposal
with the exception of land acquisition. Mr. Shoop indicated
that construction of the fifth round at Salem Avenue Elementary
School would cost $1.414 million. The Commissioners approved
awarding the contract for this addition. He stated that they
were notified that the State has agreed to provide additional
funding for construction of the new Maugansville Elementary
School. Ms. Bastian explained that the County would have to use
cash reserves to fund the project because the State would be
providing the additional $2.9 million for Maugansville
Elementary over a four-year period.
MARCH 1, 2005
PAGE THREE
Motion made by Commissioner Kercheval, seconded by Nipps, to
accept the recommendation to fund the addition at Salem Avenue
Elementary School from the FY 2006 CIP budget in the amount of
$1.414 million and to approve awarding the contract. Unanimously
approved.
The Commissioners then began a review of each project submitted
by the Board of Education. They agreed to continue the CIP
budget review in the afternoon session.
RECESS – LUNCHEON AT MUSEUM OF FINE ARTS
The Commissioners recessed at 12:04 p.m. in order to attend a
luncheon sponsored by the Board of Trustees of the Washington
County Museum of Fine Arts.
AFTERNOON SESSION
The afternoon session was called to order at 1:42 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.
CONTINUATION - CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
DISCUSSION
The Commissioners continued their review of the CIP budget. Joe
Kroboth, Director of Emergency Services, appeared before the
Commissioners to explain the reasons for the dramatic increase
in the estimated cost of renovations to the fire and emergency
services offices at its current location in the basement of the
County Office Building.
Mr. Kroboth informed the Commissioners that the State has
mandated that they implement wireless enhanced 911 service, and
the State Numbers Board would be providing funding for that
project. He evaluated five alternatives, taking into
consideration the need to expand the operation, and recommended
moving the Department into the vacant space at the Water Quality
Department building. Mr. Kroboth reviewed a conceptual plan of
the facility and stated that he estimates it would cost $2.75
million for renovations. He also outlined possible funding
sources for the project. Mr. Kroboth stated that this facility
would include adequate training space for the Washington County
Volunteer Fire & Rescue Association. Mr. Kroboth informed the
Commissioners that he anticipates they would utilize the
facility for 10-12 years before a new consolidated Fire and
Rescue Communications Center is built. The Commissioners
discussed the projected costs of the needed renovations and
asked the staff to get firm numbers. It was the consensus of
the Board to proceed with the concept, but asked that the costs
be better defined and their questions answered regarding whether
the building could be expanded. The Commissioners approved
having a feasibility study done by an architect to evaluate the
project and include cost estimates for other options to consider
ways to lower the cost of the project.
YOUTH OF THE MONTH AWARDS – NOVEMBER 2004 – JANUARY 2005
Commissioner Snook presented Certificate of Merits to Korey
Atherton (middle school) and Whitney Schlimgen (high school), in
recognition of their selection as the November 2004 Youths of
the Month; Commissioner Kercheval presented Certificates of
Merit to Olivia Henry (middle school) and to Curtis Nilson (high
school), as the December 2004 Youths of the Month; and
Commissioner Wivell presented Certificates of Merit to Zachery
Repp (middle school) and Leanne Rock (high school), as the
January 2005 Youths of the Month as recommended by the
Washington County Community Partnership for Children & Families
(WCCP). The Commissioners commended them for their leadership,
academic and extra-curricular activities. Commissioner Snook
stated that each of the students would also receive a $100
savings bond from the WCCP.
APPROVAL OF THIRD-PARTY INSPECTION PROGRAM
Dan Divito, Director of Permits and Inspections, and Angela
Smith, Deputy Director of Permits & Inspections, met with the
Commissioners to request approval of the third-party inspection
program, which was presented to them on January 25, 2005.
MARCH 1, 2005
PAGE FOUR
Mr. Divito proposed that, under certain circumstances,
inspections normally performed by the Department of Permits &
Inspections would be done by licensed, certified independent
professional inspectors. These inspectors would be employed by
the contractor or developer and required to meet certain
qualifications, file the approved forms, and be subject to
random monitoring by the Department. Mr. Divito outlined the
benefits to commercial developers and stated that the projects
would have to be over 100,000 square feet. He addressed
specific concerns raised by the Commissioners at their earlier
meetings. The Commissioners discussed the proposal and asked
for minor revisions to the language to include stricter
penalties for certain violations that would be considered to be
intentional. The Commissioner stated that they would review the
program again in six months.
Motion made by Commissioner Nipps, seconded by Wivell, to
approve the Third Party Inspection Program to include the
revisions discussed today with a review of the program in six
months. The Commissioners then discussed the severity of
punishments for the violations.
Motion made by Commissioner Nipps, seconded by Wivell, to amend
the Main Motion to include the “failure to perform inspection
prior to the certification of the work” as an automatic removal
from the program. The Main Motion as amended carried with
Commissioners Nipps, Wivell, Munson, and Snook voting “AYE” and
Commissioner Kercheval voting “NO.”
ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) FEES FOR HIGHWAYS –
HALFWAY/MASSEY/WESEL BOULEVARDS
Gary Rohrer, Director of Public Works, met with the
Commissioners to recommend that they adopt an APFO fee for
Saturday peak-hour trips for residential and commercial traffic
directly impacting the Halfway, Massey, and Wesel Boulevard
corridors. Mr. Rohrer stated the estimated combined impact of
transportation improvements for this area is approximately $6.3
million. He explained that they feel adopting this fee would
provide for a more consistent approach to addressing projects
currently moving through the process. He stated that the
recommendation is to calculate the formula at $2,857 per
Saturday p.m. peak hour trip. Mr. Rohrer indicated that, if
there is some delay on implementation of the excise tax fee, the
APFO fee would be in place for those interested in developing in
this area. The Commissioners also discussed the need for
cooperation from the City in collecting the fee from developers
in this corridor who are within the municipal limits of
Hagerstown. The Commissioners asked that the brownfields site be
excluded from the fee.
Motion made by Commissioner Munson, seconded by Wivell, to
approve the recommendation to adopt an APFO fee of $2,857 per
Saturday p.m. peak hour trip for highways in the
Halfway/Massey/Wesel Boulevards corridor and to ask the City of
Hagerstown to institute and collect this fee in the corridor.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 4:15 p.m. to discuss a personnel
matter, consult with counsel to obtain legal advice, consider
matters that concern proposals for businesses or industrial
organizations to locate, expand, or remain in the State, and 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 OPEN SESSION
Motion made by Commissioner Nipps, seconded by Kercheval, to
reconvene in open session at 5:26 p.m. Unanimously approved.
In closed session, the Commissioners discussed one (1) personnel
matter, consulted with counsel to obtain legal advice concerning
two (2) matters, considered matters that concerned proposals for
businesses or industrial organizations to locate, expand, or
remain in the State, and considered the acquisition of real
property for a public purpose and matters
MARCH 1, 2005
PAGE FIVE
directly related thereto. Present during closed session were
Commissioners Gregory I. Snook, William J. Wivell, James F.
Kercheval, John C. Munson, and Doris J. Nipps. Also present at
various times were Rodney M. Shoop, County Administrator;
Richard Douglas, County Attorney;
John Martirano, County Attorney; Joni Bittner, County Clerk;
Gary Rohrer, Director of Public Works; Mike Thompson, Director
of Planning; Greg Murray, Director of the Water Quality
Department; and David Hankinson, Director of Human Resources.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Munson, to
adjourn at 5:26 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk