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HomeMy WebLinkAbout061128 November 28, 2006 Hagerstown, MD 21740 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 County Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – NOVEMBER 21, 2006 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of November 21, 2006. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson read the article “I Wish You Enough” to the outgoing and incoming Commissioners. Commissioner Nipps reported on the meeting of the Western Maryland Consortium. Commissioner Kercheval informed the Board that he attended the retirement party for Sheriff Charles Mades. He stated that he was contacted by Joe Jefferson regarding a bicycle race that will be held on May 12 to benefit a local PTA organization. Mr. Jefferson has asked if the County would cover the cost of Sheriff’s Department deputies for rolling closures. Commissioner Kercheval indicated that the Sheriff’s Department estimated the cost to the County would be approximately $500-$520. Commissioner Kercheval reported on a meeting with the Westfield’s developer to discuss the construction of additional road needed to serve Westfield Elementary School. The developer offered to cover the additional costs to build the road in exchange for an adjustment in the development’s phasing schedule in 2010 and 2011. Commissioner Kercheval provided details on the request. It was the consensus of the Commissioners to present this request to the new Board, which takes office next week. Motion made by Commissioner Kercheval, seconded by Munson, to approve up to $550 to fund the cost of having Sheriff’s Department deputies monitor the bicycle race on May 12, 2007, with funds to be taken from the Commissioners Contingency Fund. Unanimously approved. Commissioner Snook reported on the Metropolitan Planning Organization (MPO) meeting and thanked the staff for their assistance. He stated that the County received notification from the ISO insurance division that the class rating will remain the same for Fairplay with regard to public fire protection. Commissioner Snook reported on the Western Maryland Consortium meeting. He stated that he would be attending his final MACo Executive Board meeting this week. SCHOOL MITIGATION PROPOSAL – POWERS ESTATES DEVELOPMENT Mike Thompson, Director of Planning, and Jason Divelbiss, counsel for D&A Development, appeared before the Commissioners with regard to the school mitigation proposal submitted by the developer relating to the Powers Estates Development. The proposed development consists of 118 single-family dwelling units located north of U.S. Route 40 and west of Maryland Route 63. The developer proposed that the development be constructed in four phases of 25, 40, 28 and 25 units, beginning in 2007. The developer also proposed to install an oversized sewer main to assist in the provision of public water and sewer to Conococheague Elementary School. He further proposed to provide a 3-5 acre site for use as a future site for emergency or fire services station. He also proposed to pay excise tax in the amount of $18,000per unit, which is above the current excise tax that would be due. Mr. Divelbiss reviewed the information he sent in follow-up to the comments made by the Commissioners at last week’s meeting. The Commissioners discussed the proposal. Commissioner Wivell reviewed the calculations and the payment being offered. NOVEMBER 28, 2006 PAGE TWO Motion made by Commissioner Munson to accept the mitigation proposal as presented for the Powers Estates Development as submitted. The motion died for lack of a second. After further discussion, the Commissioners took the proposal under consideration and agreed to address it later in today’s session. PLEASANT VIEW HEIGHTS – SECTION E The Commissioners considered the developer’s request to exempt Section E of the Pleasant View Heights Subdivision from the Excise Tax as presented at last week’s meeting. Jason Divelbiss, representing the Estate of Rowland Brandenburg and its Personal Representative Dennis Brandenburg, were present. Mr. Wilkinson recommended that the developer’s request to be exempted be denied. The developer previously submitted a mitigation proposal that would increase the amount of the excise tax paid by the developer relating to Section E of this development by $2,000 per lot. Motion made by Commission Munson, seconded by Nipps, to accept the mitigation proposal relating to Section E of Pleasant View Heights as submitted by the developer. Motion carried with Commissioners Munson, Nipps, and Snook voting “AYE” and Commissioners Kercheval and Wivell voting “NO.” AUTHORIZING RESOLUTIONS – LOANS FROM UNITED STATES DEPARTMENT OF AGRICULTURE – PEN MAR WATER PROJECT AND NEWGATE INTERCEPTOR PROJECT Timmy Ruppersberger, Bond Counsel, appeared before the Commissioners to review resolutions to authorize loans from the United States Department of Agriculture (USDA) for Pen Mar Water Project and Newgate Interceptor Project. Ms. Ruppersberger stated that the resolutions would authorize loans in an amount of $125,000 for the Pen Mar water project and $60,005 for the Newgate project. She indicated that the County is required to take the loans in order to receive the USDA grants. The USDA grant for the Pen Mar project is $1,014,908 and for Newgate is $142,593. Ms. Ruppersberger noted that a grant of $1,457,835 was received from the Maryland Department of the Environment (MDE). The Newgate project received $650,000 from MDE and $250,000 from the Appalachian Regional Commission. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt the resolution authorizing loans from the United States Department of Agriculture (USDA) for the Pen Mar Water Project in an amount of $125,000 and Newgate Interceptor Project in an amount of $60,005. Unanimously approved. PUBLIC HEARING – PROPOSED ESTABLISHMENT OF THE CEDAR SPRINGS INFRASTRUCTURE DEVELOPMENT FEE The Commissioners convened in public hearing at 10:00 a.m. to permit any interested person to appear and testify regarding the proposed establishment of the Cedar Springs Infrastructure Development Fee. Greg Murray, Director of the Water Quality Department, stated that the current construction estimate for the pumping station is $1.9 million. A grant of $300,000 from the Appalachian Regional Commission has been secured with the remaining $1.6 million to be funded from the County’s General Fund. The proposed infrastructure development fee would consist of a $1,000 fee assessed at the time allocation fees are paid based on per acre or per equivalent dwelling unit (“edu”) calculations, whichever is greater. Commissioner Snook then opened the meeting for public comment. David Taylor, Bowman Development, had several questions on the proposal. Motion made by Commissioner Munson, seconded by Wivell, to adopt the Cedar Springs Infrastructure Development Fee to consist of $1,000 fee assessed at the time allocation fees are paid based on per acre or per equivalent dwelling unit (edu) calculations, whichever is greater. Unanimously approved. REQUEST FOR FUNDING - MARYLAND SYMPHONY ORCHESTRA’S ANNUAL SALUTE TO INDEPENDENCE Tom Riford, Director of the Convention & Visitor’s Bureau, and Brendan Fitzsimmons, Chair of the Maryland Symphony Orchestra (MSO) Board of Directors, met with the Commissioners to request that the County participate in funding the MSO’s Salute to Independence in July 2007. Mr. Riford stated that the cost has increased nearly 20% over the past four years. He explained that the event would not be fully funded due to NOVEMBER 28, 2006 PAGE THREE the loss of Gaming Commission funding and just 12% additional secured funding. Mr. Riford requested that the County consider providing $20,000 from the County’s share of the hotel rental tax funds. Debra Murray, Director of Finance, noted that $35,190 remains in the fund to-date after funding budgeted commitments. Motion made by Commissioner Munson, seconded by Nipps, to approve the request to provide an additional $20,000 from the County’s share of the undesignated funds of hotel rental tax account to assist in the funding of the MSO’s Salute to Independence at Antietam National Battlefield in July 2007. Unanimously approved. CITIZENS’ PARTICIPATION Tom Janus questioned the Board of Education’s paradigms regarding class enrollment size. Boyd Michael, Assistant Superintendent for School Operations, requested preauthorization to order five portable classrooms from the FY 2008 Capital Improvement Program (CIP) budget due to the full-time requirement for kindergarten. Mr. Michael stated that the cost would be approximately $575,000 and that a five-to-six month lead- time is necessary when ordering through the State contract. He informed the Commissioners that the Board of Education approved the request. Commissioner Wivell asked Mr. Michael to research the issue to determine whether the State would participate in funding the portables. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request from the BOE to preauthorize ordering five (5) portable classroom buildings for the Board of Education to be funded through the FY 2008 Capital Improvement Program budget. Unanimously approved. Ross Rhodes, Chair of Leadership Washington County, introduced Cindy Kalkbrenner, Executive Director of Leadership Washington County. Mr. Rhodes provided an update on the program and thanked the Commissioners for providing $20,000 last year for start-up. He requested an additional $7,500 for operating costs and for initiation of the Boardsmanship and CEO program initiatives. Commissioner Snook suggested that they consider offering a seminar for municipal elected officials to provide information on the County and the leadership program. Commissioner Kercheval expressed the need to see involvement from the graduates on County boards and commissions. Motion made by Commissioner Munson, seconded by Nipps, to provide $7,500 to Leadership Hagerstown as requested, with funding to be taken from the Commissioners’ Contingency Fund. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” SCHOOL MITIGATION PROPOSAL – POWERS ESTATES DEVELOPMENT - CONTINUED Motion made by Wivell, seconded by Munson, to accept the school mitigation proposal submitted by D&A Development relating to the development of Powers Estates as follows: the development will be constructed in four phases of 25, 40, 28 and 25 units beginning in 2007; the developer will install and construct at its sole expense an oversized sewer main to assist in the provision of public water and sewer to the area; the developer shall provide to the County at no cost a 5 acre site to be used for at the sole discretion of the County; and the developer shall pay excise tax in the amount of $18,000per unit based on a payment schedule as indicated in the developer’s proposal letter with the following conditions, limitations and requirements: 1)The proposal is for school mitigation only. 2)The donation of 5 acres shall be required and will be used by the County at is sole and absolute discretion and as it deems necessary, with the developer to extend all utilities at developer’s sole cost to the site. 3)In addition to the increased amount of excise tax per lot to be paid as agreed to by the developer, the developer shall also be fully responsible for any future increases in excise tax. NOVEMBER 28, 2006 PAGE FOUR 4)Building permits for the second phase will not be issued by the County until June 2008. 5)The Agreement is independent of any other issues, including but not limited to water and sewer. Unanimously approved. MAUGANS AVENUE RIGHT-OF-WAY Motion made by Commissioner Munson, seconded by Nipps, to approve the recommendation to purchase 4,601 square feet in fee simple and 2,504 square feet in temporary construction easement from Thomas Thompson (Pizza Hut property) for the amount of $150,000 which property and easement are needed for the Maugans Avenue project. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that the Thanksgiving Casual Day raised $368 and a donation of over 300 pounds of food for Food Resources. Motion made by Commissioner Nipps, seconded by Munson, to approve the budget transfer request of $854,159 from Machinery & Equipment ($188,694) and Vehicles ($665,465) to Fund Balance Revenue in the FY 2006 budget to the FY 2007 budget to support the purchase of equipment. Unanimously approved. REAPPOINTMENTS – RECREATION & PARKS BOARD Motion made by Commissioner Nipps, seconded by Munson, to reappoint Dave Barr and Angela Kershner to the Recreation and Parks Board for three-year terms. Unanimously approved. APPOINTMENT – SOLID WASTE ADVISORY COMMITTEE Motion made by Commissioner Munson, seconded by Nipps, to appoint Norma Emery to the Solid Waste Advisory Committee for a three-year term. Unanimously approved. REAPPOINTMENT – AGRICULTURAL EDUCATION CENTER BOARD Motion made by Commissioner Munson, seconded by Wivell, to waive the two-term limit policy and reappoint William Poffenberger to the Agricultural Education Center Board of Directors for a three-year term. Unanimously approved. REAPPOINTMENTS – EMERGENCY SERVICES COUNCIL Motion made by Commissioner Munson, seconded by Nipps, to waive the two-term limit policy and reappoint Dr. Laurence Johns and John Latimer, III, to the Emergency Services Council for three-year terms. Unanimously approved. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, reminded the Commissioners that there is still a vacancy on the School Design Review Committee due to the death of Phil Snodderly. He asked for permission to approach a qualified individual regarding filling the vacancy. The Commissioners approved the request. Mr. Rohrer also provided an update on the elevator project. Motion made by Commissioner Kercheval, seconded by Nipps, to approve filling vacancies for Weigh Clerk at the Solid Waste Department and the Director of Human Resources. Unanimously approved. WASHINGTON COUNTY REAL ESTATE PROPERTY TAX CREDITS Todd Hershey, County Treasurer, reviewed the list for authorization to grant real estate property tax credits for fiscal year 2006. The credits are granted in accordance with Section 9-301 of the Tax-Property Article of the Annotated Code of Maryland, among other provisions. Mr. Hershey reported that there are several types of credits included in the "Authorization to Write Off Uncollectible Taxes" report: 1) Payment-in-Lieu-of-Taxes; 2) Ruritan clubs and civic organization credits; 3) Special credits; 4) Enterprise zone - Airport; 5) Enterprise zone - Hancock; 6) Enterprise zone - Interstate 81; 7) Enterprise zone - NOVEMBER 28, 2006 PAGE FIVE Hagerstown. The adjustments are made in accordance with Section 9-323 of the Tax-Property Article of the Annotated Code of Maryland, among other provisions. Motion made by Commissioner Nipps, seconded by Munson, to approve the "Authorization to Write Off Uncollectible Taxes" for FY 2006 as presented. Unanimously approved. BID AWARD – SWIMMING POOL AND WATER/WASTEWATER TREATMENT CHEMICALS Motion made by Commissioner Nipps, seconded by Munson, to award the contract for swimming pool and water/wastewater treatment chemicals to the lowest responsive, responsible bidders as follows for a one-year period: Item #10 (Sodium Hypochlorite) – Univar, Inc. - $0.99/gal.; Item #12 (Hydrated Lime) – Greer Lime Company - $136.55/ton; Item #14 (Sodium Hypochlorite, 80) – Univar, Inc. - $2.24/gallon; Item #15 (Granular Activated Carbon) – George S. Coyne - $1.64/lb.; Item #16 (Soda Ash, Light) – Univar, Inc. - $0.245/lb.; Item #18 (Granular Aluminum) – Univar, Inc. - $0.232/lb.; Item #19 (Powdered Activated Carbon) – Univar, Inc. - $0.68/lb.; Item #20 (Chlorine Gas) – Univar, Inc. - $128.00/150 lb. cylinder; Item #21A (Caustic Soda) – Univar, Inc. - $2.02/gal.; Item #21B (Caustic Soda) – Univar, Inc. - $1.58/bulk gallon; Item #22A (Ferrous Chloride Solution) – George Coyne Chemical Co. - $14.97/gal.; Item #22B (Ferrous Chloride Solution) – Kemira Water Solutions - $0.696/bulk gallon; Item #23 (Hydrofluosilcic Acid) - Univar, Inc. - $5.75/gallon; Item #24 (Granular Calcium Hypochlorite) – George Coyne Chemical Co. - $1.3095/lb.; Item 25 (Sulfur Dioxide Gas) - Univar, Inc. - $135/cylinder; Item #26 (DelPAC 2020) – Univar, Inc. - $0.1775/pound; Item #29 (Sodium Hypochlorite) – Univar, Inc. - $1.79/gal.; Item #30 (Cyanuric Acid) – Intercoastal Training - $2.75/pound Item #31 (Calcium Chloride) – Chesapeake Corp. - $0.214/lb.; Item #32 (Muriatic Acid) – Univar, Inc. - $7.55/gallon; Item #34 (Enzymes) – Watec Co. - $690.00/drum; and Item #36 (DelPAC 2020) – Univar, Inc. - $185/50-55 gallon drum. Unanimously approved. UPDATE – CULTURAL EXCHANGE TRIP TO CHINA Greg Murray, Director of the Water Quality Department, provided a summary of his experiences in China at the fourth ShanDong Experts and Business Exchange Conference. The trip was facilitated through the U.S. China Business and Cultural Exchange. DESIGNATION OF ADDITIONAL CASUAL DAYS Motion made by Kercheval, seconded by Wivell, to designate three free additional casual days for County employees in honor of Commissioners Snook, Munson, and Nipps. Unanimously approved. Commissioner Wivell thanked Commissioners Snook, Nipps and Munson for their service and stated that it was a pleasure working with them. Each Commissioner then expressed their thoughts regarding the past four-year term. ADJOURNMENT AND RECEPTION FOR OUT-GOING COMMISSIONERS Motion made by Commissioner Nipps, seconded by Munson, to adjourn at 11:42 a.m. Unanimously approved. An open house reception was held in honor of the outgoing 2002-2006 Board of County Commissioners. Commissioners Snook, Munson, and Nipps were presented with engraved clocks to thank them for their service to County government. , County Administrator __________________________, County Attorney ___________________________, County Clerk