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HomeMy WebLinkAbout051129 November 29 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:45 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 – NOVEMBER 14, 15 & 21, 2005 Motion made by Commissioner Kercheval, seconded by Wivell, to approve the minutes of November 14, 15, and 21, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he spoke at the recent PTA forum. He stated that he attended an appreciation luncheon given by the City of Hagerstown, the NAACP banquet, and the Antietam Republic Club forum. Commissioner Kercheval reported on the Public Golf Corporation Board meeting and the Local Management Board (LMB) strategic planning meeting. He passed along his condolences to the late Bill Mason’s family and stated that Mr. Mason, who was a member of the LMB, would be missed on this board and in the community. Commissioner Kercheval stated that he participated in the Salvation Army bell ringing. He stated that he attended the Agricultural Land Preservation Advisory Board meeting and feels that the staff should be moving more quickly to hire a consultant to develop guidelines for the TDR program. Commissioner Wivell stated that he attended the public meeting on the Maugans Avenue road realignment. He also reported on the meetings of the Board of Social Services and Agricultural Land Preservation Advisory Board. Commissioner Nipps informed the Commissioners that she attended the anniversary celebration for the Family Center and participated in the Salvation Army bell ringing. She reported on the meetings of the Commission for Women, Historic District Commission, Recreation & Parks Board, and Airport Advisory Commission’s strategic planning session. Commissioner Nipps reminded the Commissioners that the Agricultural Education Center’s open house is scheduled for December 11 and 12. Commissioner Nipps stated that she was part of a business group that met with former Governor Schaeffer to discuss local issues. Commissioner Munson stated that he attended the Maugans Avenue realignment meeting and the Antietam Republican Club forum. Commissioner Snook reminded the Commissioners that an open house for the University System of Maryland – Hagerstown is scheduled for December 1. He stated they would soon be offering engineering courses at the local campus. Commissioner Snook informed the Commissioners that he received correspondence from the State Highway Administration providing data from other truck weigh stations in the State. He stated that he received a letter from the Public School Construction Program indicating that Washington County would receive $2.771 million for construction of the new Maugansville Elementary School in fiscal year 2007. He noted that there is a large gap between the total requests and actual State funding for school construction. Commissioner Snook informed the Commissioners that the Department of the Environment has approved the Town of Keedysville’s Water and Sewer Plan amendment. He stated that he received a letter from a citizen requesting that the County establish a program to exempt residential users from paying the Bay Restoration Fee if they qualify due to substantial financial hardship. Commissioner Snook informed the Commissioners that the Town of Funkstown has adopted an Adequate Public Facilities Ordinance and is requesting that the main street area be exempt from the excise tax. NOVEMBER 29, 2005 PAGE TWO Commissioner Snook stated that the Washington County Literacy Council sent a letter thanking the County for the five surplus computers they donated to their program. William Price, Administrator for the Literacy Council of Washington County, requested $1,500 for printers and software for the program. Motion made by Commissioner Nipps, seconded by Wivell, to support the request of the Literacy Council of Washington County to provide $1,500 from the Commissioners Contingency Fund for printers and software needed for the reading program. Unanimously approved. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided an update on the pavement maintenance project. Mr. Rohrer stated that there are 16.2 miles to be completed. He emphasized the need to have the pavement markings addressed before winter. David Hankinson, Director of Human Resources, requested that the Commissioners approve filling a full-time Bus Operator position at the County Commuter. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill a vacant Bus Operator position at the County Commuter. Unanimously approved. HISTORIC SITE/STRUCTURE PRESERVATION Preston Law, Chairman of the Washington County Historical Advisory Committee, and Patricia Schooley, Secretary, appeared before the Commissioners to present the Committee’s recommendations to them. Mr. Law informed the Commissioners that the Committee is making the following recommendations: 1) that the Committee be granted the authority to deny demolition permits for historic structures in Washington County; 2) that the historic sites survey be updated; 3) that a planner be hired to be responsible for historic preservation; 4) sale of the French Lane stone house; and 5) that financial support be given th for the 250 anniversary of Fort Frederick. The Commissioners addressed each of the Committee’s recommendations. Commissioner Snook stated that there are multiple issues involved regarding the recommendation on demolition permits, but stated that the County has requested additional legislative authority from the Delegation for enforcement issues. He stated that the Commissioners are willing to support the sale of the French Lane property for preservation; however, there may be problems regarding access to the site. Jim Sterling, Director of Buildings, Grounds, and Parks, stated that the plat for the property should be completed in the near future and that he would come before Board at that time. Ms. Schooley recommended placing an easement on the property for the Maryland Historical Trust to oversee the preservation efforts. Steve Goodrich, Chief Planner, stated that the Historic District Commission has completed the third phase of the rural community survey and would be requesting grant funds to continue phase 4. Mike Thompson, Director of Planning, stated that historic preservation duties have been added to the job description for a new planner they hope to hire in the near future. Ralph Young th provided an update on the plans for the 250 anniversary celebration of Fort Frederick and the fundraising campaign that is underway. The Commissioners asked that he provide additional information to them prior to their budget deliberations. The Commissioners thanked the Committee for its input. MEMORANDUM OF UNDERSTANDING – EMERGENCY MEDICAL DISPATCH TRAINING GRANT Motion made by Commissioner Munson, seconded by Nipps, to authorize the Department of Emergency Services to execute a Memorandum of Understanding with the Maryland Institute for Emergency Medical Services to accept a grant of $3,025 to provide new certification and re-certification of emergency medical dispatchers. Unanimously approved. NOVEMBER 29, 2005 PAGE THREE AGRICULTURAL MARKETING SPECIALIST POSITION Tim Troxell, Executive Director of the Economic Development Commission (EDC), and J. D. Rinehart, Chair of the EDC Agricultural Marketing Taskforce, met with the Commissioners to present the recommendations of the Taskforce. Mr. Rinehart stated that the Taskforce is recommending that the County create an Agricultural Marketing Specialist position to help promote, develop and preserve the agricultural industry in Washington County. Mr. Rinehart noted that there are nine such positions throughout the State and they looked at those in Frederick, Carroll and Garrett Counties as well as Loudoun County, Virginia. He also outlined a draft business plan including goals, responsibilities, and skills required for the position. Mr. Troxell reviewed a proposed job description. The Commissioners discussed the duties and responsibilities for the position as well as the funding requirements and reporting structure. Mr. Troxell stated that the Committee feels that the position should be located at the Agricultural Education Center and could report to the EDC sub-committee. Tom Riford, Director of the Convention & Visitors Bureau (CVB), outlined examples of how this position could assist the farmers with marketing and expanding their businesses. He stated that the CVB is willing to commit $5,000 annually toward the position. Commissioner Munson stated that he would like to have additional input from farmers regarding the position. Priscilla Harsh, Chair of the Washington County Farm Bureau, stated that the Farm Bureau membership supports the proposal and that she believes the Mennonite farming community would also be supportive. Jeff Semler and Lynn Little, representing the Washington County Extension Services, also spoke on behalf of the position and the benefits it could have on agri-tourism. The Commissioners agreed to take the proposal under consideration. FY 2007 ANNUAL TRANSPORTATION GRANT FUNDING APPLICATION Motion made by Commissioner Munson, seconded by Nipps, to approve the resolution authorizing the Maryland Transit Administration to file an application for a Section 5307, 5311 and/or 3037 grant under the Federal Transit Act for operational and capital funding for the Public Transportation Department for fiscal year 2007. The local match required is $391,059 for the Urban Transportation Program, $21,500 for ADA Paratransit, and ten percent of approved capital procurements. Unanimously approved. CITIZENS’ PARTICIPATION Dan Moeller provided the Commissioners with copies of his letter to the editor of the Herald Mail newspaper regarding SAT scores in Washington County. Taylor Oliver questioned the staff’s interpretation regarding collection of the excise tax for the square footage in the basement area. Commissioner Snook stated that the Ordinance should clearly define living space, but that basements are included in footage calculation because they can be used as living space. Diane Eves, representing the Alliance for Reasonable Taxation, spoke on behalf of tax reform in Maryland and provided the Commissioners with a handout showing measures that could be taken to lower property taxes in the County. APPOINTMENT – AGRICULTURAL EDUCATION CENTER BOARD Motion made by Commissioner Munson, seconded by Nipps, to appoint Galen Long to the Board of Directors of the Agricultural Education Center to fill the unexpired term of Cindy Long extending to February 28, 2008. Unanimously approved. COUNTY ATTORNEY COMMENTS Richard Douglas, County Attorney, asked the Commissioners for approval to amend the 2006 legislative proposal to seek general authority for use of citations to cover violations of all County ordinances, resolutions, bylaws, rules, and regulations, including those state regulations enforced by the Health Department, rather than limiting the authority to NOVEMBER 29, 2005 PAGE FOUR specific ordinances as has been the practice. After discussion, it was the consensus of the Commissioners to support the change. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that Washington County residents donated over $700,000 to the American Red Cross for Hurricane Katrina victims. BUDGET TRANSFER REQUEST – WEED CONTROL Motion made by Commissioner Nipps, seconded by Munson, to approve the request made by the Weed Control Department to increase its revenue line item by $76,000 and increase the operations line item by a like amount. Unanimously approved. CHANGE ORDER APPROVAL – HAGERSTOWN REGIONAL AIRPORT TERMINAL BUILDING MODIFICATIONS Motion made by Commissioner Nipps, seconded by Kercheval, to approve Change Order No. 1 requested by Excel Contractors for the Airport Terminal Building Modifications Project in the amount of $43,895. Unanimously approved. CHANGE ORDER – RUNWAY 2-20 OBSTRUCTION REMOVAL Motion made by Commissioner Nipps, seconded by Kercheval, to approve a change order from Dirt Express, Inc. in the amount of $126,345.50 (County share of $6,000) for design and field changes, foundation/tree removal, and additional topsoil and borrow, needed for the Runway 2-20 Obstruction Removal Project. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” PROPERTY ACQUISITIONS – RUNWAY PROTECTION ZONE Motion made by Commissioner Nipps, seconded by Kercheval, to approve an increase in the administrative settlement for Donald Foster from $169,800 to $220,000 (14229 Maugansville Road) needed for the Runway Protection Zone for Runway 9. The project is 95% FAA funded. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” Motion made by Commissioner Kercheval, seconded by Nipps, to approve an administrative settlement of $320,000 with Nelson Turner for property acquisition (14216 Maugansville Road) needed for the Runway Protection Zone for Runway 9. The project is 95% FAA funded. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” BID AWARD – SPECIAL RESPONSE TEAM VEHICLE Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for purchase of a Special Response Team vehicle to Krammes Kustom Body, which submitted the lowest responsive, responsible bid for Option 3 of $110,895, subject to final approval by the Narcotics Task Force Board. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 11:41 a.m. to discuss a personnel matter that affects one or more specific individuals and consult with counsel to obtain legal advice on a legal matter, 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 12:10 p.m. Unanimously approved. In closed session the Commissioners discussed a personnel matter that affects one or more specific individuals and consulted with counsel to obtain legal advice on a legal matter. 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 NOVEMBER 29, 2005 PAGE FIVE Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Dan DiVito, Director of Permits and Inspections; Angela Smith, Deputy Director of Permits and Inspections; and Michael Thompson, Director of Planning. RECESS – AIRPORT PROJECT AND TOUR OF DISCOVERY CENTER The Commissioners recessed at 12:11 p.m. for lunch at the Hagerstown Regional Airport and to tour the recently completed terminal improvement project and apron. AFTERNOON SESSION The afternoon session was called to order at 1:56 p.m. by President Gregory I. Snook, President, with the following members present: Vice President William J. Wivell, and Commissioners James F. Kercheval and John C. Munson. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 1:56 p.m. to discuss a personnel matter that affects one or more specific individuals and consider 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 Munson, seconded by Nipps, to reconvene in open session at 2:57 p.m. Unanimously approved. In closed session the Commissioners discussed a personnel matter that affects one or more specific individuals and considered 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; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; and Michael Thompson, Director of Planning. EMPLOY – CHIEF PLANS EXAMINER Motion made by Commissioner Nipps, seconded by Kercheval, to employ Brennan Garrett as Chief Plans Examiner in the Permits & Inspections Department. Unanimously approved. ADJOURNMENT -TOUR OF DISCOVERY STATION The Commissioners adjourned at 2:58 p.m. to tour Discovery . Station , County Administrator , County Attorney ___________________________, County Clerk