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HomeMy WebLinkAbout050802 August 2, 2005 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:15 a.m. The following Board of Education members were present: Bernadette Wagner, Roxanne Ober, Russell Williams, Jacqueline Fischer, and Paul Bailey. Staff members present were Dr. Elizabeth Morgan, Superintendent of Schools; Rodney Turnbough, Director of Facilities Management; William Blum, Chief Operating Officer; and Christian South, Director of Budget & Finance. DISCUSSION OF FUNDING REQUEST – MIKE CALLAS STADIUM The Commissioners discussed the request made by the Mike Callas Stadium Committee at last week’s meeting for $500,000 of County funding to assist in their fundraising efforts to construct a stadium at North Hagerstown High School. Commissioner Snook asked the Board of Education to include this project in their Capital Improvement Program (CIP) for IAC approval if they are supportive of it. Mr. Bailey stated that the Board is on record that they are in support of the project and complimented the Stadium Committee on its strong effort to give back to the County. The Commissioners also discussed the joint use agreement that would be attached to any Program Open Space (POS) funding that was used for the project. They stated that the funding could possibly be limited to the track portion of the project. Robert “Bo” Myers and Jim Brown, members of the Committee, stated that they do not believe that a joint use agreement would be an impediment to the project. The Commissioners discussed the project and possible funding. Commissioner Wivell indicated that he would be willing to commit Program Open Space funds subject to their availability, but that he is not ready to use General Fund monies. Commissioner Nipps indicated that she does not believe that the majority of the members of the Recreation & Parks Board are in support of using POS funds for the project. She expressed several concerns and stated that she needs more information prior to making a decision. Commissioner Kercheval stated that he supports the project. Commissioner Munson stated that he is willing to use POS monies for the project. It was the consensus of the Commissioners that they would consider the possibility of providing additional funding in the future. Motion made by Commissioner Wivell, seconded by Nipps, to allocate an additional $300,000 of Program Open Space funds, to be allocated evenly between fiscal years 2007 and 2008, solely for the track portion of the Mike Callas Stadium, subject to review by the Recreation & Parks Advisory Board, and subject to the availability of funding. Unanimously approved. RECESS The Commissioners recessed at 9:17 a.m. 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 Snook followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JULY 26, 2005 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of July 26, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the Planning Commission meeting and the projects discussed. He stated that the Planning Commission would be holding a workshop on Wednesday. Commissioner Kercheval informed the Commissioners that he attended the Summer School graduation. AUGUST 2, 2005 PAGE TWO Commissioner Munson asked the Commissioners to consider the request made by the Disabilities Advisory Committee that residential permit fees at the Forty West Landfill be lowered for disabled individuals if they qualify for Social Security Administration or Civil Service disability status. He provided information on the number of senior permits issued last year. He stated that he supports the request even though the Solid Waste Advisory Committee did not recommend it. Motion made by Commissioner Munson to lower the fees for residential permits fees at the Forty West Landfill for disabled individuals if they qualify for Social Security Administration or Civil Service disability status to the senior citizen rate. Motion died for lack of a second. Commissioner Nipps informed the Commissioners that she met with representatives of St. Lawrence cement and toured their quarry site. She stated that they had hit an underground stream and explained the actions they have taken action to remedy the situation. Commissioner Snook stated that the Maryland Department of the Environment (MDE) has asked if the Commissioners have any comments regarding a request made by Fil-Tec to upgrade its air quality permit. The Commissioners had no comments. Commissioner Snook read a letter from the Community Free Clinic thanking the Commissioners for use of County–owned property for their Mudd volleyball fundraising event. The Commissioners reviewed a letter from the Tri-State Community Health Center and agreed to provide a letter of support for their application to the Federal Bureau of Health Care for a $1.8 million grant. Commissioner Snook stated that he received notice from MDE regarding the renewal of a permit for the City of Hagerstown to increase the discharge of treated wastewater from 8.5 to 10 million gallons per day. He stated that he received notification from the Governor that $1.6 million in easements were purchased in the Antietam Battlefield area from the Transportation Enhancement Program. Commissioner Snook also reported on the Emergency Services Advisory Committee meeting. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, informed the Commissioners that the Emergency Air Unit needs to replace a carbon monoxide monitor. The new equipment will cost approximately $2,500 to $3,000. Mr. Kroboth informed the Commissioners that the 911 Communications Center sustained two back-to-back direct lightning strikes and has been operating with two of its seven stations. Motion made by Commissioner Nipps, seconded by Kercheval, to fill the following positions: Transportation Mechanic (County Commuter) and Buyer (Purchasing Department). Unanimously approved. APPROVAL - MARYLAND TRANSIT ADMINISTRATION GRANT AGREEMENTS Motion made by Commissioner Kercheval, seconded by Wivell, to approve the following grant agreements with the Maryland Transit Administration: 1) Small Urban Area Public Transportation Operating Grant from the Maryland Transit Administration for Fiscal Year 2005 for 75% of the estimated net project cost or $618,239, whichever is less, with the County share of approximately $417,000, which is budgeted as part of the Transportation Department’s budget; 2) to approve a grant agreement with the Maryland Transit Administration for FY 2006 to assist in providing transportation services to persons with disabilities for the approved net project cost of $209,000. The County will be required to provide local public funds of $20,900; 3) to approve the agreement with the Maryland Transit Administration for FY 2006 Statewide Special Transportation Assistance Program (SSTAP) grant funding in the amount of $146,917, seventy-five percent of the net project cost, to assist in providing transportation services to elderly persons and persons with disabilities, with the County providing up to $48,972 in local public match through in-kind services; 4) to approve the agreement through the Maryland Transit Administration to assist the County to provide transportation service under the Job Access and Reverse Commute program for FY 2006 in the amount of $71,213 (State and Federal) and local funds of $86,375 as provided by the Washington County Department of Social Services.; and 5) AUGUST 2, 2005 PAGE THREE to approve the grant agreement from the Maryland Transit Administration (FY 2006) to assist in the purchase of three buses with lifts – reflect smaller buses, shop tools, ADP software, and preventive maintenance in the amount of $607,500 for the net project cost, with the County to provide local funds for the project in the amount of $67,500. Unanimously approved. CITIZENS PARTICIPATION Tom Lynch, counsel for Westfields, LLC, asked when the Adequate Public Facilities Ordinance (APFO) and transition policy would be placed on the agenda for the Commissioners’ consideration. Mr. Shoop informed him that it would be on the agenda in approximately two weeks. COUNTY ADMINISTRATOR’S COMMENTS Rod Shoop, County Administrator, informed the Commissioners that the August Casual Day would benefit the United Way Day of Caring. He stated that a group of City and County staff is meeting weekly to discuss sewer allocation areas. He stated that the Economic Development Commission has initiated bi-weekly meetings regarding the new hospital project. ADVISORY SCHOOL DESIGN REVIEW COMMITTEE Rodney Shoop, County Administrator, reminded the Commissioners that the Building Excise Tax Ordinance requires them to appoint an Advisory School Design Review Committee to review construction plans for school capital improvement projects that exceed $2 million. He recommended that the following categories be considered for appointment on the committee: 1) Director of Public Works or the Deputy Director; 2) Citizen at Large (one who has children in the school system); 3) Director of Public Works (Board of Education); 4) Mechanical Contractor; 5) Electrical Contractor; 6) General Contractor; 7) Educator (selected by BOE); and 8) Facilities Manager. Mr. Shoop stated that the Maugansville Elementary School would be ready for review by this committee in approximately 30 days. Gary Rohrer, Director of Public Works, stated that the Committee would review the project at the design development stage to make recommendations, and would then review the project at the 90% phase, and the bid development stage. After discussion, the Commissioners asked that another citizen-at-large be added to make a total of nine members. They agreed to discuss possible appointments at next week’s meeting. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the following categories for appointment to the Advisory School Design Review Committee: Director of Public Works or the Deputy Director, two citizen-at-large positions, Director of Public Works (Board of Education), Mechanical Contractor, Electrical Contractor, General Contractor, Educator (selected by BOE), and Facilities Manager. Unanimously approved. OLD DARGAN SCHOOL BUILDING Richard Douglas, County Attorney, informed the Commissioners that the New Life Fellowship Church, the current owner of the former Dargan School, is requesting that the reverter clause in their deed be removed. Mr. Douglas stated that the reverter clause provides that the property shall revert to the County if it is not “used for the public community, civic or recreational purposes of the residents of the Village of Dargan and the vicinity.” The Church has indicated that they are interested in making repairs and improvements to the building but are reluctant to do so because of the contingency that could cause them to lose the building at any time. The reverter clause also makes it difficult for them to obtain mortgage financing. Mr. Douglas stated that the Church has pledged to continue to keep the building open to community events. The meeting was then opened for questions and comments by the Commissioners. Chester Martin and Darrell Strite, Pastors at the New Life Fellowship, were in attendance to answer any questions. They stated that they are willing to make the Church available to the community. Mr. Douglas stated that it would be possible to include a public use agreement that would not cloud the title to the church. Motion made by Commissioner Munson, seconded by Kercheval, to remove the reverter clause from the deed for the Dargan Mennonite Church (New Life AUGUST 2, 2005 PAGE FOUR Fellowship, Inc.) and enter into a public use agreement to assure that the church remains available for use by the community. Unanimously approved. RECESS – NEW EDUCATORS RECEPTION The Commissioners recessed at 11:28 a.m. in order to attend the New Educators Reception at Hagerstown Community College. AFTERNOON SESSION The afternoon session was called to order at 1:29 p.m. by Commissioner 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. APPLICATION FOR REZONING – JAMES R. REMSBURG, SR., ET AL (RZ-05- 001) Richard Douglas, County Attorney, reviewed map amendment RZ-05- 001, submitted by James R. Remsburg, Sr., et al, to rezone the subject property from A-Agricultural to BL-Business Local, which was discussed at the July 26, 2005 meeting. Mr. Douglas stated that the Planning Commission recommended that the request for rezoning be granted. He stated that he was directed to prepare the Findings of Fact and Articulation of Reason. Motion made by Commissioner Kercheval, seconded by Munson, to grant rezoning request RZ-05-001 from A-Agricultural to BL- Business Local and to adopt the Findings of Fact and Articulation of Reasons as set forth in the report of the County Attorney. Unanimously approved. ENGINEERING DEPARTMENT REVIEW FEES Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, appeared before the Commissioners to request adoption of the revised fee schedule. Mr. McGee stated that the target revenue budget for FY 2005 was $275,000, however, only $194,291 was actually generated from the fees. He stated that they believe that significant time was spent on several items that are not subject to a fee, floodplain, Board of Zoning Appeals items, and rezoning cases. Mr. McGee then reviewed the proposed fee changes for FY 2006: Preliminary Plat - $150 + $65 per lot; Preliminary Site Plan & Site Plan: 1) $150 + $280/acre of disturbed area less than 10 acres; 2) $150 + $1400/acre of disturbed area greater than 10 acres; and 3) $150 + $65/acre of disturbed area greater than 50 acres, $600 minimum; Subdivision Plat – 1) $150 + $230/lot developed with road construction less than 50 acres; 2) $150 + $130/lot developed with road construction greater than 50 acres; and 3) $150 + $35/lot developed without road construction; Simplified Plat - $150 each; Traffic Impact Study - $300 per intersection studied; Grading Plan - $150 + $75 per acre of disturbed area; Stormwater Management Exemption - $150 each; Simplified Stormwater Management Plan - $200 each; Floodplain Permits and Inquires w/o H&H - $150 each; Floodplain Permits and Inquiries w/H&H - $300 each; Rezoning and Board of Zoning Appeals and Variances - $150 each; and Minor Site Plans - $150 each. The meeting was then opened for questions and comments from the Commissioners. Motion made by Commissioner Kercheval, seconded by Nipps to approve the increases proposed for Engineering Department Review fees, to become effective August 15, 2005. Unanimously approved. ADDITIONAL PAVEMENT MAINTENANCE PROJECTS Mr. Rohrer and Mr. McGee reviewed the list of additional road maintenance projects in order of priority to be added to the current pavement maintenance contract for FY 2006, as requested by the Commissioners. Mr. Rohrer stated that the proposed 13 projects total $650,480.48 under the pricing of the current contract. The Commissioners then opened the meeting for questions and discussion. Mr. McGee outlined the process that would be used to select the roads for improvements. AUGUST 2, 2005 PAGE FIVE Motion made by Commissioner Kercheval, seconded by Nipps, to approve recommendations made by the Director of Public Works and Chief Engineer for additional FY 2006 pavement maintenance projects which total an estimated $650,480.48. Unanimously approved. RENEWAL - EMERGENCY FOOD ASSISTANCE AGREEMENT Ruth Anne Callaham, Executive Director of Food Resources, Inc., outlined the services provided by Food Resources through the grant funding. Motion made by Commissioner Nipps, seconded by Munson, to approve the renewal of the Distribution of Commodities and Funds for the Emergency Food Assistance Program between the Maryland State Department of Human Resources and the County to authorize Food Resources, Inc. to receive the grant funding. Unanimously approved. FINANCIAL REPORTING AND AUDITING OF VOLUNTEER FIRE AND RESCUE COMPANIES Joe Kroboth, Director of the Emergency Services Department, met with the Commissioners to recommend that they adopt the proposed policy requiring auditing and financial reporting of Volunteer Fire and Rescue companies. He stated that this policy would monitor the proper and appropriate use of public funds raised by and distributed to the companies. They would aid in safeguarding the public trust for private donations. Mr. Kroboth noted that the Washington County Volunteer Fire & Rescue Association and individual companies received a copy of the proposed policy and that he received no comments from them. Motion made by Commissioner Munson, seconded by Wivell, to adopt the proposed policy requiring and auditing and financial reporting of volunteer fire and rescue companies, as amended to include the provision to permit the audit to be prepared by the County or a contractor obtained by the County. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:47 p.m. to discuss personnel matters that affect one or more specific individuals, consult with counsel to obtain legal advice, and consider a matter that concerns a proposal for a business or industrial organization 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 Nipps, seconded by Munson, to reconvene in open session at 4:18 p.m. Unanimously approved. In closed session, the Commissioners discussed five (5) personnel matters, consulted with counsel to obtain legal advice on two (2) matters, and considered matters that concern a proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Dave Hankinson, Director of Human Resources; Mike Thompson, Director of Planning & Community Development; Gary Rohrer, Director of Public Works; Dan Divito, Director of Permits & Inspections; Ron Whitt, Director of Information Technologies; William Dean, Water Quality Department; and Greg Murray, Director of the Department of Water Quality. EMPLOY INFORMATION TECHNOLOGIES SPECIALIST I Motion made by Commissioner Nipps, Seconded by Munson, to employ Harold Renner as Information Technologies Specialist I (Grade 11) at the salary of $34,500. Unanimously approved. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Nipps, to adjourn at 4:19 p.m. Unanimously approved. AUGUST 2, 2005 PAGE SIX , County Administrator , County Attorney ___________________________, County Clerk