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HomeMy WebLinkAbout060620 June 20, 2006 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at Clear Spring Middle School at 8:00 a.m. The following Board of Education members were present: Ed Forrest, Russell Williams, Wayne Ridenour, and Jacqueline Fischer. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Executive Director for Secondary Education; and Christopher South, Director of Budget and Finance. Third Quarter Budget Adjustments Motion made by Commissioner Munson, seconded by Nipps, to approve the following third quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Administration - $25,099; Mid-Level Administration - $163,317; Instructional Salaries - $247,358; Instructional Textbooks & Supplies - $192,308; Special Education - $357,502; and Student Personnel Service - $15,531; Student Transportation - $12,770; Operation of Plant - $375,054; and Fixed Charges - $34,413; and increasing the following categories: Revenue - $11,495; Other Instructional Costs - $125,408; Student Health Services - $818; Maintenance of Plant - $708,198; and Capital Outlay - $107,000, for a net increase on Fund Balance of $493,423. Unanimously approved. Facilities Update Boyd Michael, Executive Director for Secondary Education, met with the Commissioners to provide an update on the status of the Board of Education’s current Capital Improvement Program (CIP) projects. He stated that each of the three elementary schools is estimated to cost $21-22 million. Mr. Michael provided information on the Maugansville Elementary School project and the progress-to-date. He stated that a re-design of the architects/engineers agreement is underway due to the “value engineering” done by staff to scale back the project so it would come in at or under the budget. Mr. Michael explained that the Board of Education was concerned about the increases in the cost of the project due to Hurricane Katrina and fuel costs. This will cause a one-year delay in the opening of the school. The delay would impact seating capacity and the probable need for additional portable classrooms. The meeting was then opened for questions relating to this project. Mr. Michael provided an update on Pangborn Elementary School and the progress-to-date. He stated that this would be the first project utilizing a construction manager. Mr. Michael estimated a completion date of August 2008. He stated that the staff would be appealing to the State Inter-Agency Committee (IAC) for funding for a replacement school over renovation/addition in July. Mr. Michael provided a timeline for the Westfields Elementary School. He indicated that the schematic design was approved in March. The design documents will be submitted to the Board of Education in July for approval and to the County Design Review Committee. Mr. Michael indicated that items to be resolved include the road extension and sewage pump. Gary Rohrer, Director of Public Works, stated that the Board should coordinate with the developer on the phasing for construction of the extension road, which should be built by the developer. Rodney Shoop, County Administrator, stated that he would like to have a meeting with the Board of Education staff in the near future to discuss FY 2008-09 budget figures and operating costs in light of bringing three new schools on line. Commissioner Snook inquired about the status of the proposal to station buses at Williamsport High School. Mr. Michael indicated that they are running of space at the transportation facility and decided to use the High School for the 18 buses that serve that area. He stated that it would not be a safety issue or cause additional traffic in the area since these are the same buses that have routes in the area now. Mr. Michael said that they should have done a better job of communicating their intentions to the public. He stated that they are looking at the options now. JUNE 20, 2006 PAGE TWO Commissioner Kercheval urged the Board to look at redistricting well in advance of the new schools coming on line. Mr. Michael stated that they would take the information to the Redistricting Committee. RECESS The Commissioners recessed at 9:15 a.m. in order to attend the opening of the new section of roadway at Ford Drive to Tollgate Ridge in Hancock. OPENING OF FORD DRIVE EXTENSION TO TOLLGATE RIDGE The Commissioners attended the opening of the new section of Ford Drive Extended. Gary Rohrer, Director of Public Works, stated that construction began on June 9, 2004. He noted that the connection of Tollgate Road and Ford Drive will significantly reduce the traffic on residential streets in Hancock and provide a more direct route for commercial vehicles between Interstate 70 and Rayloc Road. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 11:00 a.m. by President Gregory I. Snook with the following members present: 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 – JUNE 13 2006 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of June 13, 2006. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the Local Management th Board meeting. He stated that he attended Citibank’s 20 anniversary celebration. Commissioner Nipps stated that she attended the reception Women First for the book recently published by the Commission for Women honoring women in the County who were first in their respective fields. She informed the Commissioners that she attended Citibank’s 20th anniversary celebration and the Rider Jet Center Open House. Commissioner Snook stated that he participated in the Flag Day ceremony at University Plaza. He stated that he spoke at the Superintendent’s Leadership Conference. Commissioner Snook stated that he received correspondence outlining the timetable for the Department of Environment’s upgrades for the water storage tanks. He informed the Manpower Outlook Commissioners that estimates that 40% of County employers plan to hire new people during the next quarter. Commissioner Snook noted that he received a letter from Heritage Land Development withdrawing rezoning application RZ-06-003. John Martirano, County Attorney, informed the Commissioners that a letter from Portrait Homes was received withdrawing rezoning application RZ-06- 004. Commissioner Snook reviewed the projects that have tentatively been approved to receive Appalachian Regional Commission (ARC) and T-21 funding. He also informed the Commissioners that Kerfoot Livery Services has given notice to the State that they are going to discontinue their services of transporting bodies for autopsy from Washington County to Baltimore to the State Medical Examiner’s Office. Commissioner Snook noted that this is a State budgetary issue. APPOINTMENT – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Nipps, seconded by Kercheval, to appoint “Chip” Stewart to the Historic District Commission for a three-year term. Unanimously approved. REPORTS FROM COUNTY STAFF Motion made by Commissioner Nipps, seconded by Kercheval, to approve filling the Maintenance Equipment Operator II vacancy in the Highways Department and Systems Mechanic II and Water Plant Operator at the Water Quality Department. Unanimously approved. JUNE 20, 2006 PAGE THREE Gary Rohrer, Director of Public Works, provided an update on the Williamsport Library roof project and a report on the Smithsburg Branch Library. Debra Murray, Finance Director, informed the Commissioners that the rebate checks would be mailed to homeowners by the end of this week or the beginning of next week. She stated that they have placed a “frequently asked questions” section on the County’s web site with regard to the rebate. SENATOR AMOSS FIRE, RESCUE AND AMBULANCE FUNDING DISTRIBUTION John Latimer, III, Director of Emergency Services, met with the Commissioners regarding the Senator William H. Amoss Fire, Rescue and Ambulance Fund revenues allocated to Washington County by the State for fire and rescue companies. Mr. Latimer stated that a total of $229,659.36 was awarded to Washington County for disbursement to the companies. The Washington County Volunteer Fire & Rescue Association is recommending that funds be distributed equally among all companies. Using this formula, each County fire and EMS company would receive $8,505.90. The Commissioners discussed the options and agreed to allocate the funding in equal shares to all companies. Motion made by Commissioner Munson, seconded by Nipps, to distribute the fiscal year 2006 Senator William H. Amoss Fire, Rescue & Ambulance State grant funds in equal shares to all fire and rescue companies in Washington County. Unanimously approved. RESOLUTION – DESIGNATION OF RESIDENT AGENT Motion made by Commissioner Munson, seconded by Kercheval, to approve a resolution designating John M. Martirano, County Attorney, as the resident agent for Washington County with the State Department of Assessments and Taxation. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that two (2) alternate locations would be used for two (2) Commissioner meetings in July while the elevator is being serviced. BUDGET TRANSFER – CIRCUIT COURT Motion made by Commissioner Kercheval, seconded by Munson, to approve a budget transfer from various line items in the Circuit Court budget totaling $46,000 to the Court House Renovation Project to be used for furnishings needed for the fifth Circuit Court judge. Unanimously approved. CONTRACT AWARD – FY 2007 PAVEMENT MAINTENANCE PROGRAM Motion made by Commissioner Munson, seconded by Nipps, to award the contract for the FY 2007 pavement maintenance program to C. William Hetzer, Inc., which submitted the lowest responsive, responsible bid of $5,127,101.65, without the alternate. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:49 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:07 p.m. by President Gregory I. Snook, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. REZONING MAP AMENDMENT RZ-06-006 (KIM RITCHEY/RITCHEY’S TOTLOT, LLC) Jill Baker, Senior Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-006, as submitted by Kim Ritchey/Ritchey’s Totlot, LLC to rezone 0.91 acres of land located near Leitersburg from RV – Rural Village to RB-N – Rural Business-New. Ms. Baker stated that the Planning Commission recommended approval of this request. Motion made by Commissioner Kercheval, seconded by Munson, to approve rezoning application RZ-06-005, as submitted by Kim Ritchey/Ritchey’s JUNE 20, 2006 PAGE FOUR Totlot, LLC, based on the findings that the subject property meets the criteria as it serves the needs of the rural population, utilizes an existing building and is not a major change, it is also compatible with the existing neighborhood, there is adequate road access with peak hour trips being acceptable, and sewer and water issues can be adequately addressed. The rezoning is compatible with the County’s adopted Comprehensive Plan and would not have negative effect on agricultural preservation efforts in the area. Unanimously approved. REZONING TEXT AMENDMENT RZ-06-007 – PROPOSED REVISIONS RELATING TO RURAL AREA REZONING Jill Baker, Senior Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-007 for proposed revisions relating to the adoption of the Rural Area Rezoning. She reviewed the clarifying language being requested and the changes in Table of Land Use Regulations. Ms. Baker stated that the Planning Commission has recommended approval of this request. Commissioner Kercheval asked how the new regulations would affect the setbacks needed for in-home daycare with five children or more. After discussion, the Commissioners agreed to have Ms. Baker look into the in-home daycare matter prior to voting on the text amendment. CITY OF HAGERSTOWN ANNEXATION REQUEST – SHAOOL ANNEXATION A06-02 Michael Thompson, Director of Planning & Community Development, met with the Commissioners to review the annexation request before the City of Hagerstown for the Shaool property. Mr. Thompson stated that the Shaool property consists of 1.6 acres of land on the east side of the Dual Highway between Mt. Aetna Road and Edgewood Drive. The property is designated as low density residential in the Comprehensive Plan. The proposed zoning R-2 – Residential is consistent with the RU – Rural Urban zoning that presently is on the property. Mr. Thompson stated that Maryland Code does not allow a municipality to place a property into a zoning classification that permits land use substantially different from the use permitted in the adopted comprehensive plan. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Kercheval, to concur with the determination of the Planning staff that the proposed annexation for the Shaool property as submitted to the City of Hagerstown is consistent with the adopted Comprehensive Plan. Unanimously approved. DETERMINATION OF AGRICULTURAL DISTRICT TERM Eric Seifarth, Land Preservation Administrator, and Holly Thibault, Land Preservation Planner, met with the Commissioners regarding the Agricultural Land Preservation Districts. Ms. Thibault stated that the Maryland Department of Agriculture is now allowing each county to determine the length of the District Agreement (between three and ten years) due to the passage of House Bill 769. She stated that no development would be allowed during this period. Ms. Thibault informed the Commissioners that the Washington County Agricultural Land Preservation Advisory Board is recommending keeping the term at ten (10) years for Washington County. The meeting was then opened for questions and comments. Motion made by Commissioner Munson, seconded by Kercheval, to support the recommendation of the Agricultural Land Preservation Advisory Board to maintain the ten (10) year agricultural land preservation district. Unanimously approved. REQUEST TO REMOVE INDUSTRIAL MINERAL (IM) OVERLAY FROM PROPERTY Tim Lung, Chief Planner, appeared before the Commissioners to bring a request made by the St. Lawrence Cement Company to remove an Industrial Mineral (IM) Overlay from a 35.56 acre parcel of land that is being transferred as part of a legal settlement and restore the zoning to Agricultural Rural underlying zoning. The individual would use the property for a residential building lot. Mr. Lung stated that Section 15.3 of the Zoning Ordinance allows the Commissioners to restore land to its previous classification upon written request from the landowner upon the successful completion of the required reclamation without another JUNE 20, 2006 PAGE FIVE public hearing. He indicated that the Urban Growth Area (UGA) does go through the property, and a small portion of the property (five (5) acres) would retain its old IM zone. However, that portion can be addressed as part of the comprehensive rezoning of the urban areas. He indicated that no mining has occurred on the subject property. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Nipps, to approve the request made by St. Lawrence Cement Co. to remove the Industrial Mineral (IM) Overlay from a 35.56 acre parcel of land and restore the zoning to the underlying Agricultural Rural zoning designation. Unanimously approved. CONTRACT AWARD – RECORD-KEEPING AND ACTUARIAL SERVICES CONSULTING SERVICES FOR THE RETIREMENT PLAN AND LENGTH OF SERVICES AWARD PROGRAM (LOSAP) Motion made by Commissioner Munson, seconded by Nipps, to award the contract for record-keeping and actuarial services, consulting services for the Retirement Plan and Length of Services Award Program (LOSAP) to CBIZ Benefits and Insurance Services for a five (5) year period for the total lump sum of $84,000. Unanimously approved. RECOMMENDATION FOR CARRY FORWARD FUNDS – WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES Motion made by Commissioner Nipps, seconded by Munson, to utilize Washington County Community Partnership carry- forward funding from the Governor’s Office for Children (FY 2003 funding) for the following one-time only expenditures as follows: Washington County Public Schools for School Based Health Centers - $252,500; Project Life Safer - $24,999; Born Learning Campaign - $75,000; and Hunters Green Business Center Transit Needs - $246,000. Unanimously approved. APPOINTMENTS TO LOCAL MANAGEMENT BOARD AND APPROVAL OF 2006-07 OFFICERS Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Ladetra Robinson, Lori Connolly, and Michael Keifer to the Local Management Board for three-year terms; and to approve the new officers: Chair - David Engle; Vice Chair – Paul Pittman; Secretary – Carolyn Brooks; and Treasurer – Melicent Malchenson. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:33 p.m. to discuss personnel matters relating to the appointment, employment and/or promotion of individuals over whom the Commissioners have jurisdiction and any other personnel matters affecting one or more specific individuals and to consult with counsel to obtain legal advice, 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 Kercheval, seconded by Munson, to reconvene in open session at 4:38 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters relating to the employment or appointment of individuals over whom the Commissioners have jurisdiction and other personnel matters affecting one or more specific individuals and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Gregory I. Snook, James F. Kercheval, John C. Munson and Doris J. Nipps. Also present at various times were John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Gary Rohrer, Director of Public Works; Joseph Kroboth, III, Deputy Director of Public Works; Daniel Divito, Director of Permits & Inspections; Dr. Michelle Gourdine, Deputy Director of the Department of Health & Mental Hygiene; Daniel O’Brien, Office of the Attorney General; Diane Matuszak, Director of the Community Health Administration; Pam Owens, Office of the Inspector General; and Mark Webner, Maryland Department of Human Resources. JUNE 20, 2006 PAGE SIX RE/APPOINTMENTS – BOARD OF EXAMINERS & SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Timothy Fields to the Board of Examiners and Supervisors for Electricians for a two (2) year term, to reappoint Daniel Shank for a two (2) year term, and to waive the two (2) term limit policy and reappoint Charles Shindle to the Board for a two (2) year term. Unanimously approved. REAPPOINTMENT - ANIMAL CONTROL AUTHORITY Motion made by Commissioner Munson, seconded by Nipps, to waive the two-term limit policy and reappoint Rollan Myers to the Animal Control Authority for a three (3) year term. Unanimously approved. RESH ROAD LANDFILL CLOSURE AGREEMENT Motion made by Commissioner Munson, seconded by Nipps, to approve the Resh Road Landfill Closure Agreement with the Maryland Department of the Environmentcontingent upon revisions being made to the document as discussed with staff. Unanimously approved. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 4:40 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk