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HomeMy WebLinkAbout050301 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