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HomeMy WebLinkAbout061003 October 3, 2006 Hagerstown, MD 21740 The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:45 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. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway due to elevator maintenance at the County Administration Building. 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 – SEPTEMBER 26, 2006 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of September 26, 2006. Unanimously approved. PROCLAMATION – DOMESTIC VIOLENCE AWARENESS MONTH Commissioner Nipps presented a proclamation to Vicki Sadehvandi, Executive Director of CASA - Citizens Assisting & Sheltering the Abused, Inc., and Colonel Douglas Mullendore, Chair, and Carol Bannon, Coordinator, representing the Family Violence Council, designating October 2006 as Domestic Violence Awareness Month in Washington County and urging all citizens to strive to recognize, understand and respond to the needs of family violence victims within the community. Ms. Sadehvandi thanked the Commissioners for the proclamation and their support and provided information on the number of cases of family violence reported in Washington County over the past year. DISABILITIES AWARENESS MONTH PROCLAMATION Commissioner Snook presented a proclamation to Peggy Martin, Chair of the Disabilities Advisory Committee, designating the month of October 2006 as Disabilities Awareness Month in Washington County. Ms. Martin thanked the Commissioners for their support. She noted the activities scheduled throughout the month to promote disabilities awareness in the community. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended “Project Wormburner” and commended the Economic Development Commission staff on the event. He informed the Commissioners that he presented a proclamation to the National Business and Professional Women’s organization at their annual meeting. Commissioner Kercheval stated that he attended the Greater Hagerstown Committee’s Transportation Summit and the Tributaries and Strategies workshop. He also reported on the Planning Commission meeting. Commissioner Nipps reported on the Community Action Council meeting and stated that she attended the opening of the new Parkway Medical Center. Commissioner Munson reported on the Solid Waste Advisory Commission meeting. He informed the Commissioners that the Commission is not interested at this time in consolidating with another advisory board to create a committee to review environmental issues. Commissioner Snook informed the Commissioners that the Rocky Gap Veteran’s Cemetery would be holding its Veteran’s Day ceremony on November 11. He stated that he attended the Chamber of Commerce Executive Board meeting and the opening of the Parkway Medical Center. Commissioner Snook informed the Commissioners that “Realtor” Magazine reports that sales were down across the State in May and June 2006. He noted that the average home price in Washington County for that period was $257,000. REQUEST FOR EXEMPTION FROM ADEQUATE PUBLIC FACILITIES ORDINANCE – INTERFAITH HOUSING ALLIANCE, INC. Howard Porter, Director of Homeownership for Interfaith Housing Alliance, Inc., met with the Commissioners to request an exemption from the Adequate Public Facilities Ordinance (APFO) requirements under Section 9.3 A (a)(i)(3) for a single-family development of ten homes in Cascade. Mr. Porter stated that Vaughn Heights is a development specifically OCTOBER 3, 2006 PAGE TWO designed for affordable and workforce housing. The units involved are less than 1,500 square feet and would be charged an excise tax rate of one dollar per square foot. The Board of Education has advised them that there is a capacity issue at the high school level. Interfaith Alliance requested permission to proceed under the mitigation section of the Ordinance. Michael Thompson, Director of Planning, informed the Commissioners that his staff cannot recommend an outright exemption as this project does not appear to qualify for any of the specific exemptions provided for in the Excise Tax Ordinance but he does believe that a mitigation phasing plan for the issuance of no more than five building permits within a calendar year (five this year and five next year) would allow the impact of the development to be spread out over two years. Mr. Porter provided information on self-help housing projects and stated that information from the Board of Education shows that a development of this size would generate 2.2 high school students. The meeting was then opened for discussion and questions from the Commissioners. Motion made by Commissioner Munson, seconded by Nipps, to approve the mitigation plan for the Interfaith Housing Alliance, Inc. project, Vaughn Heights, which qualifies as workforce housing under Section 9.3 A (a)(i)(3) of the APFO, with a phased plan for the issuance of no more than five building permits within a calendar year, based on the following: 1) the developer is a Federally supported 501-C(3) organization sanctioned to build workforce housing, 2) a mitigation plan was offered, 3) Cascade Elementary School is below capacity, and 4) a redistricting solution for high school capacity issues is possible. Motion carried with Commissioners Munson, Nipps, Kercheval and Snook voting “AYE” and Commissioner Wivell voting “NO.” CITIZENS’ PARTICIPATION Anton Dahbura and Merle Elliott, members of the Board of Directors of Hagerstown Community College (HCC), provided an update on the planned renovations to the Career Programs Building. Mr. Dahbura informed the Commissioners that low bid on the project was $18.9 million which is $2.3 million above the budgeted amount. He stated that the Board has submitted an addendum in an effort to lower costs, and the bidders were given an extension until October 19. They asked the Commissioners to consider providing additional funding for the project. The Commissioners took the request under consideration. Preston Fouke and Terry Brigham, who reside on Jefferson Boulevard, requested that the County transfer a portion of an undeveloped roadbed that adjoins their property to them by quitclaim deed. Mr. Faulk stated that the adjacent property owners have been maintaining the lot since the 1960s. John Martirano, County Attorney, indicated that Staff has reviewed County records and nothing in those records indicates that the County has any ownership interest in the property in question. He also stated that if the Commissioners want County Staff to do further research a full title search would need to be conducted. The adjoining property owners are requesting that the County formally, by quitclaim deed, give up any rights it may have to the property. Commissioner Snook stated that this matter was brought before them last week and the Commissioners have asked Staff to research the issue. He indicated that a decision will not be made until those findings are received. Mike Norris and Harry Powers appeared before the Commissioners regarding Roberts Road. Mr. Powers, a resident of Roberts Road, stated that he heard that the County might not continue to maintain the paved section of Roberts Road. Gary Rohrer, Director of Public Works, stated that from his research the County does not own the road but has maintained five-tenths of a mile (paved section) of the roadway for some time. He noted that there is a dispute among the property owners regarding whether the road should be maintained by the County. Commissioner Snook stated that the County would continue minimal maintenance on the paved area until the issue is resolved. OCTOBER 3, 2006 PAGE THREE CONTRACT AWARD – ENGINEERING & CONSTRUCTION PROJECT MANAGEMENT SERVICES FOR ENHANCED NUTRIENT REMOVAL AT WASHINGTON COUNTY’S WASTEWATER TREATMENT PLANTS Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for engineering and construction project management services for enhanced nutrient removal at Washington County’s wastewater treatment plans to Buchart-Horn, Inc., which submitted the lowest responsive, responsible total lump sum fee of $3,638,300. Unanimously approved. CONTRACT AWARD – #2 HEATING FUEL Motion made by Commissioner Munson, seconded by Nipps, to piggyback the Board of Education’s bids for #2 heating fuel based on the OPIS index and award the County’s contract as follows: Tank wagon – AC&T Company – bidder factor of +$.1494; Transport (tanker) – Petroleum Traders, Inc. - bidder factor of +$.0439, pending the Board of Education’s contract approval. Unanimously approved. FREDERICK AREA COOPERATIVE PURCHASING AGREEMENT FOR ELECTRICITY Karen Luther, Purchasing Agent, and James Sterling, Director of Buildings, Grounds, and Parks, met with the Commissioners to recommend that they approve entering into the Frederick Area Cooperative Purchasing Agreement for Electricity as a participating organization. They also asked that a “primary representative” and a “secondary representative” be appointed to act on behalf of the Board and to enter into a contract for electricity supply services. Ms. Luther explained the Frederick Area Cooperative Purchasing Agreement established a committee of organizations who have agreed to join and adhere to a standard set of procedures for the procurement of electricity. This would allow one organization to issue solicitations for electricity on behalf of all participating organizations and lower administrative costs, avoid duplication of effort, and obtain a better price through economies of scale. Ms. Luther stated that each participant would make its own individual award to the successful bidder. The consulting fee would be $1,250, which could be taken from the Purchasing Department’s budget. The meeting was then opened for questions and discussion from the Commissioners. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the recommendation to enter into the Frederick Area Cooperative Purchasing Agreement for Electricity as a participating organization and to appoint James Sterling as the “primary representative” for Washington County and Karen Luther as the “secondary representative” to act on behalf of the Board and to enter into a contract for electricity supply services. Unanimously approved. PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM – PROJECT UPDATE Gary Rohrer, Director of Public Works, met with the Commissioners to provide an update on the public safety radio communications system project. Mr. Rohrer stated that the contract with Motorola was formally executed on June 26, 2006 for the amount of $19,348,225 and Notice to Proceed was issued on July 7. He informed the Commissioners that the County staff and the consultant have met with the vendor for two Contract Design Review (CDR) meetings. Eight more meetings are scheduled through November 1 for the CDR. The meeting was then opened for questions from the Commissioners. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, announced that Andrew Wilkinson began work on September 29 as Assistant County Attorney. APPOINTMENTS – LOCAL MANAGEMENT BOARD Motion made by Commissioner Munson, seconded by Nipps, to appoint Erin Teach, Mindy Sorenson, and Anne Martin to the Local Management Board for three-year terms. Unanimously approved. REPORTS FROM COUNTY STAFF Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request to fill a Maintenance Equipment Operator II vacancy in the OCTOBER 3, 2006 PAGE FOUR Highway Department and Office Associate position in the Gaming Office. Unanimously approved. Gary Rohrer, Director of Public Works, provided an update on the status of the elevator repairs at the County Administration Building. He stated that the proposals to complete the work total approximately $85,000. Mr. Rohrer estimated that the project would be completed by the end of October. He then provided an update on current highway and bridge maintenance projects. RECESS – LUNCH The Commissioners recessed at 11:55 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:20 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. CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Kercheval, at 1:20 p.m. to convene in closed session to consider the acquisition of real property for a public purpose and matters directly related thereto; consult with staff, consultants or other individuals about pending or potential litigation; 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 Kercheval, seconded by Wivell, to reconvene in open session at 2:25 p.m. Unanimously approved. In closed session, the Commissioners considered the acquisition of real property for a public purpose and matters directly related thereto; consulted with staff, consultants or other individuals about pending or potential litigation; 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, John C. Munson and Doris J. Nipps. Also present at various times were John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Joseph Kroboth, Deputy Director of Public Works; Michael Thompson, Director of Planning; and Colonel Douglas Mullendore, Major Randy Wilkinson, and Major Van Evans, representing the Sheriff’s Office. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Munson, to adjourn at 2:25 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk