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HomeMy WebLinkAbout051018 October 18, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 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 – OCTOBER 11 & 12, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of October 11, 2005, as amended, and October 12, 2005, as submitted. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employee Barry Levey (Sheriff’s Office). The Commissioners welcomed Mr. Levey and wished him well in his new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the State of Education forum sponsored by the Chamber of Commerce, a Downtown Task Force meeting, and a presentation by the Gang Awareness Task Force. He reported on the Public Golf Corporation meeting. Commissioner Kercheval indicated that he reviewed the legislative schedule developed by Frederick County and feels that Washington County needs to develop a similar timetable next year. Commissioner Wivell stated that he attended the Economic Development Commission meeting. Commissioner Munson stated that the deadline to amend the Homestead Tax Credit is November 15. Commissioner Nipps informed the Board that Habitat for Humanity nd of Washington County dedicated its 22 house on Sunday. She asked that the Commissioners decide on a date to assist the Salvation Army by ringing the bell for its annual Christmas fundraiser. Commissioner Snook stated that he spoke to the Keedysville Ruritan Club last week. He informed the Commissioners that Redland Brick is applying to the State Department of the Environment for an air quality permit in order to refurbish and reactive a kiln at its plant. After discussion, the Commissioners agreed that they were not interested in requesting a public informational meeting regarding reactivation of the kiln. Commissioner Snook stated that the Department of Housing & Community Development has awarded $33,000 for the emergency shelter grant program. He informed the Commissioners that Jefferson County, West Virginia, has raised its impact fees for schools to $8,500. Commissioner Snook also reminded the Commissioners that the Washington County’s Most Wonderful Citizen’s reception is scheduled for October 19. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the Highway Department has completed the repairs to the bridge at Widmyer Park in Hancock. He provided an update on the Court House renovations, and stated that the roof over the Annex is leaking and will have to be repaired, although this item was not included in the budget for the project. Joe Kroboth, Emergency Services Director, stated that he received a $13,000 grant for furniture and equipment to outfit the classroom at the new 911 facilities at Elliott Parkway. He informed the Commissioners that the last group of dispatchers from Washington County who went to Louisiana to assist with the Hurricane Katrina victims would be returning this week. OCTOBER 18, 2005 PAGE TWO Norman Bassett, Public Information Officer, announced that a new radio program “Commissioners Comments” would be aired the third Thursday of each month on WJEJ Radio at 2:45 p.m. He stated that this is a 15-minute segment to discuss issues of County importance with elected officials and staff. RENEWAL – MEMORANDUM OF UNDERSTANDING Motion made by Commissioner Munson, seconded by Nipps, to renew the Regional Memorandum of Understanding for MCI-H Emergency Plans 2005 between the Maryland Correctional Institution, Maryland Correctional Training Center, Roxbury Correctional Institution, and the Washington County Department of Emergency Services. Unanimously approved. CHANGE ORDER – PAVEMENT MAINTENANCE PROGRAM Motion made by Commissioner Munson, seconded by Nipps, to approve a change order in the amount of $28,741 to include thermoplastic pavement markings and polyurea pavement markings for line markings and stop bars in the Pavement Maintenance Program. Unanimously approved. BOARD OF EDUCATION SUPPLEMENTAL CAPITAL IMPROVEMENTS PROGRAM FUNDING William Blum, Chief Operating Officer; Rodney Turnbough, Director of Facilities Management; and Michael Peplinski, Supervisor of Operations and Management, met with the Commissioners to review their plan for the additional $3.5 million allocated by the Commissioners for supplemental Capital Improvements Program (CIP) projects. Mr. Turnbough stated that they anticipate funding the following projects: Williamsport High Asbestos Removal - $995,000; Winter Street Elementary – Boiler Replacement - $335,000; Smithsburg High – Chiller System Replacement - $635,000; Smithsburg Middle – Chiller System Replacement - $450,000; Hancock Elementary – Lighting System Replacement - $350,000; Sharpsburg Elementary – Chiller Replacement - $170,000; Northern Middle – Cooling Tower and Chiller Replacement - $395,000; Administration Center – Partial Roof Replacement - $75,000; and $95,000 – for reserves for possible cost overruns in the projects. The Commissioners asked the Board to remove the replacement dump truck from the request since it does not qualify as a capital item. Commissioner Kercheval asked that the Board consider replacing one of the projects with the lighting improvement project for Funkstown Elementary School due to the poor rating it received in the Facilities Management Report and the high enrollment at that school. The meeting was then opened for questions, discussion, and suggestions from the Commissioners. Enrollment figures and forecasting for enrollment were discussed. Mr. Blum commended the Facilities Department employees for their efforts to maintain the schools, but indicated that there is a need for additional employees. CITIZENS’ PARTICIPATION Karen Riley expressed her concerns about the open space design used in many County schools and stated that core instructional classes at Boonsboro Middle School are being taught in rooms that were designed to be conference rooms. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that they have narrowed the list to two candidates for the Emergency Services Director position. He indicated that he would schedule the proposed candidates to meet with them in closed session. Commissioner Kercheval stated that increased funding might be requested to expand the feasibility study for the bio-tech laboratories at Hagerstown Community College (HCC) to include the educational side, as well as the economic development aspect. He asked Mr. Shoop to contact HCC for more information and bring back before the Commissioners for further consideration. OCTOBER 18, 2005 PAGE THREE BUDGET TRANSFER – CITY OF HAGERSTOWN Motion made by Commissioner Munson, seconded by Kercheval, to accept a check from the North Hagerstown High School Booster Club for $284,355 into the County’s revenue line item. This represents their partial commitment to the North Hagerstown High School track/stadium project. Unanimously approved. BI-MONTHLY UPDATE – WASHINGTON COUNTY HUMANE SOCIETY Paul Miller, Director of the Washington County Humane Society, met with the Commissioners to provide an update regarding incoming animals, dispositions, and the Spay Neuter Assistance Program (SNAP). He stated that admissions for the first quarter of FY 2006 are slightly below last year. Mr. Miller noted that he would not receive the budget figures for this quarter until their next meeting but understands that they are on target. Mr. Miller provided information on the cost for spaying and neutering and recommended an amendment to the SNAP (Spay Neuter Assistance Program) program to increase the amount paid per voucher. He indicated that currently there is $37,147.43 available in the program. Mr. Miller stated that the vouchers currently pay $20 (cats) and $25 (dogs). His recommendations were to increase the cat voucher to $30/males and $60/females and $80 for dogs. Mr. Miller also recommended providing $10 for post-operative pain medication. He suggested that there be no restrictions per mailing address per species. The Commissioners asked that it be limited to three animals per household. Mr. Miller recommended that those individuals qualifying under the Department of Social Services be provided $20 for an office visit, $20 for vaccinations required pre surgery, $20 for a combo test for cats, and $20 for a heartworm test per dog. The Commissioners also agreed to review the dog licensing program for ways to increase revenue. Mr. Miller agreed to compile some data on how to enhance the license program. They agreed to evaluate the fees proposed for individuals qualifying under the Department of Social Services. The Board also agreed to have Mr. Miller provide an update on a quarterly basis. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the requested modifications to the SNAP requirements as amended by the Commissioners. Unanimously approved. CERTIFICATES OF MERIT – DAN SPRENG AND JEFFREY GILCHRIST The Commissioners presented Certificates of Merit to Dan Spreng, President of Expedited Services, and Jeffrey Gilchrist in recognition of Operation Samaritan, which provided emergency relief effort to the victims of Hurricane Katrina. They congratulated them for collecting approximately $50,000 in supplies and thanked Mr. Spreng for supplying a tractor-trailer to deliver the donations. Mr. Gilchrist gave an update on the collection and the volunteers who assisted. Expedited Services employees Randy Barnes and Duane Grove were also commended for their assistance in the project. RECREATION NEEDS SURVEY RESULTS Jaime Dick, Recreation Manager, appeared before the Commissioners to present the results from the recreation needs survey that was included on the program registration forms. Mr. Dick explained that 831 surveys were received and that they hope it will assist with future programming. The survey found that the 684 of the respondents would like a single, large recreation complex to be developed to include a swimming pool, gymnasium, multipurpose rooms, and outdoor fields. The majority preferred to see such a complex located in the eastern area of the County, with the southern area being a close second. The Hagerstown area had the largest percentage of respondents. The survey also found that the respondents would like more youth programs offered. The large percentage of respondents asked for specific programming for swimming, aerobics, and gymnastics. The Commissioners discussed the results of the survey. Commissioner Nipps stated that the survey is helping the Recreation & Parks Board to evaluate facilities and land for future programs. OCTOBER 18, 2005 PAGE FOUR RECESS – LUNCH The Commissioners recessed at 11:48 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 p.m. by President Gregory I. Snook, with the following members present: Commissioners William C. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. WASHINGTON COUNTY LITERACY COUNCIL PROGRAM William Price, Administrator for the Literacy Council of Washington County, met with the Commissioners to provide information about the Council. Mr. Price stated that the Council provides free, individualized basic reading and writing instruction to non-literate, semi-literate, or non-English speaking people. He asked for the County’s assistance with materials and membership. Mr. Price stated that statistics show that 17% of adults in Washington County are illiterate. He provided a history of the Council and indicated that they currently have approximately 90 tutors and 105 students. The Commissioners offered to provide ten surplus computers to the Literacy Council. Mr. Price stated that he wanted to assure that they have the appropriate space for them before accepting the offer. Commissioner Snook thanked Mr. Price and the Council for their efforts to end illiteracy. CITY OF HAGERSTOWN ANNEXATION REQUESTS Michael Thompson, Director of Planning, met with the Commissioners to review two requests from the City of Hagerstown for annexation. Mr. Thompson indicated that the Annotated Code of Maryland states that no municipality annexing land may for a period of five years following annexation, place that land into a zoning classification that permits a land use substantially different from the use permitted under the adopted County Comprehensive Plan unless the Board grants its “express approval.” Mr. Thompson then reviewed the report for each case. He stated that Case No. A05-06 (Crampton Annexation) is located on South Potomac Street opposite South Hagerstown High School and that the staff found that it is consistent with the adopted Comprehensive Plan. The property is currently zoned RM- Residential Multi-family and the proposed zoning upon annexation of R-3 is being requested by the applicant in order to develop a 36-unit apartment complex. Mr. Thompson stated that High Density Residential is considered to be consistent with the 2002 Washington County Comprehensive Plan. The Commissioners had questions about drainage issues at the site. Jason Divelbiss, attorney for Mr. Crampton, informed the Commissioners that the site plan for the project has been approved by every agency except the State Highway Administration (SHA) and that stormwater management issues are addressed in the plan. He noted that they would also have to be addressed by City agencies. Commissioner Snook asked that screening from the railroad tracks be provided at the rear of the property. Mr. Divelbiss agreed to raise that issue. He also indicated that SHA would have to approve the entranceway. The Commissioners raised issues regarding school capacity. Motion made by Commissioner Wivell, seconded by Munson, to grant express approval of the requested zoning of High Density Residential proposed for City of Hagerstown annexation Case No. A05-06 (Crampton), with the understanding that the City would take into consideration issues regarding stormwater management, density, and the adequacy of the schools. Unanimously approved. (Commissioner Snook was excused 1:45 p.m. and Commissioner Wivell assumed the Chair.) Mr. Thompson then reviewed annexation case A05-07 (Todd Snook Annexation) which is in two areas. He stated that the first is an area between US 40 and MD 144, which is proposed for R-2 residential in the City and is consistent with the current RS (Residential Suburban) designation. The area to the south of MD 144 is currently zoned HI-1 (Highway Interchange) OCTOBER 18, 2005 PAGE FIVE and the applicant is requesting this area to be zoned a combination of R-2 residential and C2 (General Commercial). This aspect of the request is not consistent with the adopted Comprehensive plan and would require “express approval” from the Board. Mr. Thompson noted that the City of Hagerstown’s Planning Commission considered the request and has recommended that the zoning north of MD 144 be R1, which they feel is closer to the RS zoning and that the area south of MD 144 be zoned IR (Industrial Restricted). The requested annexation of the 66.7 acres of land west of I-81 is contiguous with the City at the north end in the vicinity of US 40 West and the Center at Hagerstown. Jason Divelbiss, attorney for the applicant, stated that the applicant would amend the petition in response to the City’s recommendation to show this portion of the property as R1. He indicated that a public meeting was held in the area to allow residents to voice their concerns. The meeting showed that residents do not want any more Industrial uses on this site. After a discussion of various concerns, it was the consensus of the Commissioners to support the staff review on this issue. They agreed that the R1 zoning on the northern portion is acceptable but voiced concerns with the residential, multi- family in the southern portion and would not approve the current request on that portion. Motion made by Commissioner Munson to grant express approval based on the applicant’s request. Motion died for lack of a second. Mr. Divelbiss stated that they will amend the petition as it is currently submitted and delay action until the amendment is made and presented before the Commissioners. Commissioner Snook returned to the meeting at 2:18 p.m. and assumed the Chair. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:18 p.m. to consult with counsel to obtain legal advice, consult with staff about pending or potential litigation, to consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State; and discuss the appointment of employees over whom it has jurisdiction and discuss personnel matters that affect one or more specific individuals, 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 Wivell, to reconvene in open session at 3:07 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on three (3) matters, consulted with staff about pending or potential litigation, considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and discussed the appointment of employees over whom it has jurisdiction and discussed personnel matters that affect one or more specific individuals. 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; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Terry McGee, Chief Engineer; Bob Garver, Regional Office of the Department of Business & Economic Development; Tim Troxell, Executive Director of the Economic Development Commission; Carolyn Motz; Airport Manager; and Phil Ridenour, Special Operations Administrator; and Karen Luther, Purchasing Agent. APPOINTMENTS - PENMAR DEVELOPMENT CORPORATION Motion made by Commissioner Nipps, seconded by Munson to appoint Russell Marks and David Russo to the Board of Directors for the PenMar Development Corporation for four-year terms. Unanimously approved. OCTOBER 18, 2005 PAGE SIX ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 3:09 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk