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HomeMy WebLinkAbout061212 December 11, 2006 Commissioners Barr, Kercheval and Aleshire met with members of the Washington County Delegation to the General Assembly for a presentation of the final report of the Water & Sewer Infrastructure Committee. Commissioners Barr, Baker and Aleshire met at the Planning & Community Development Department offices at 4:00 p.m. as part of the County’s orientation to discuss operations and tour the facility. December 12, 2006 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:00 a.m. The following Board of Education members were present: Ed Forrest, Roxanne Ober, Bernadette Wagner, Paul Bailey, Ruth Anne Callaham, and William Staley. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; JoEtta Palkovitz-Brown, Assistant Superintendent; Donna Hanlin, Assistant Superintendent; and Christopher South, Director of Budget and Finance. First Quarter Budget Adjustments Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the following first quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Administration - $75,755; Mid-Level Administration - $37,595; Instructional Textbooks & Supplies - $259,850; Special Education - $9,715; Student Personnel Services - $8,795; Student Transportation - $115,605; and Fixed Charges - $250,000; and increasing the following categories: Revenue - $175,830; Operation of Plant - $521,312; Other Instructional Costs - $338,571; and Maintenance of Plant - $73,262, for a net increase on Fund Balance of $0. Unanimously approved. (Commissioner Wivell arrived at this time.) Need for Parking Space for School Buses Dr. Morgan reviewed the difficulties they have encountered in locating additional parking areas for school buses. Mr. Michael informed the Commissioners that they are currently renting an area located at the former Allegheny Energy property. He stated that they are continuing to seek an area that is accessible, paved, and lighted for security. Mr. Michael indicated that the Board is going to withdraw its request for a permit from the Town of Williamsport for bus parking at the local elementary school site. The meeting was opened for questions and discussion. Overview of Washington County Public Schools Dr. Morgan and staff provided an overview of “Vision for K-12 Education in Washington County.” Mr. South reviewed information on services the Public School System provides including transportation, nutrition services, facilities management, finance and accounting, and information technology. Dr. Morgan informed the Commissioners that the following objectives were established in order to provide a world-class education for all students: 1) to attain high achievement for all students; 2) to develop the highest quality staff; 3) to design and implement efficient management systems; and 4) to achieve high customer and stakeholder satisfaction. She reviewed the Master Plan Process and stated that the school system has improved in virtually all areas. Ms. Palkovitz-Brown and Ms. Hanlin reviewed the MSA and HSA scores and the improvements made from 2001-2006. The Board reviewed the school system’s vision for the future and spoke of the need to provide a range of education options to all students. RECESS The Commissioners recessed at 9:05 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker DECEMBER 12, 2006 PAGE TWO and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by County Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – NOVEMBER 28 & DECEMBER 5, 2006 Motion made by Commissioner Kercheval, seconded by Wivell, to approve the minutes of December 5, 2006. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Thornton White, III and Michael Anders (Highway Department), Scott Nipps (Water Quality Department), Sarah Kozal (Information Technologies) and Cindy Mowen (Human Resources). The Commissioners welcomed the new employees and wished them well in their positions. BID AWARD UPDATE – ELECTRIC SUPPLY SERVICES Karen Luther, Purchasing Agent, and James Sterling, Director of Buildings, Grounds & Parks, met with the Commissioners to provide an update on the results of the award to Reliant Energy Solutions East, LLC for Electric Supply Services for types 1, 2, and 3 for the period January 2007 to May 2007. Ms. Luther informed the Commissioners that the previous Board approved entering into the Frederick Area Cooperative Purchasing Agreement as a participating organization and appointed representatives to act on behalf of the Board and enter into a contract immediately following the bid opening. She introduced Richard Anderson from CQI Associates who acted as consultant for the group. Mr. Anderson reviewed the successful bid. Ms. Luther stated that the rates from January 2007 – May 2007 included a capacity charge, and those from May 2007 – November 2010 are without capacity charge. The meeting was opened for questions from the Commissioners. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the Planning Commission meeting and noted that Corporate Office Properties Trust (COPT) presented their master plan for the redevelopment of Fort Ritchie. The Commissioner stated that COPT would like the County to set up a fast-track process for their redevelopment efforts and, having the Planning Commission review the master plan ahead of time, could help to the process for individual site-plan review. He also stated that Cassandra Latimer, Economic Development Commission (EDC) Marketing Specialist, is working on the State of the County presentation and urged them to meet with her if there is anything they would like to have included in the presentation. Commissioner Kercheval stated that he attended the presentation made by the consultants working on the Transferable Development Rights (TDR) program. He informed the Board that he met with members of the Home Builders Association and the School Board regarding structural funding deficits in school construction. The discussion helped to education the participants and gain feedback to determine possible ways to ascertain adequate funding. Commissioner Baker reported on his first meeting of the Recreation & Parks Advisory Board. Commissioner Aleshire stated that he met with the Planning Department staff during their orientation meeting. He stated that he found that the municipalities were not included in the TDR program and believes that their input is needed when reviewing the information for the program. Commissioner Aleshire suggested that one meeting be held with the municipalities to present the annual tax set-off information and suggested that it be scheduled during a Maryland Municipal League meeting. The Commissioners agreed to this suggestion if it meets the requirements of the law. Commissioner Aleshire asked that certain issues be placed on the agenda for discussion including the Hospital’s request for a waiver of fees, concerns regarding the excise tax fee for certain types of dwelling units, and possible establishment of a council of governments. DECEMBER 12, 2006 PAGE THREE Commissioner Wivell stated that he does not believe he will be able to serve as representative on the Maryland Association of Counties Legislative Committee and asked if another Commissioner could replace him. The Commissioners agreed to discuss this item later. Commissioner Barr informed the Commissioners that he attended the Christmas Open House at the Rural Heritage Museum. He stated that he received notification from the Department of Health & Mental Hygiene that Barbara Brookmyer was appointed as the Secretary’s designee as Health Officer for Washington County until a permanent Health Officer is appointed. Commissioner Barr also informed the Board that he received notification from the Department of General Services that they are considering leasing property in the City of Hagerstown for use by the Department of Juvenile Services. He stated that he received a thank you letter from Maura James who was the October recipient of the Youth of the Month award. HIRING FOR STATE MANDATED POSITIONS The Honorable Fred C. Wright, III, Administrative Judge for the Circuit Court of Washington County, and Eunice Plank, Court Administrator, met with the Commissioners to discuss the hiring of two State-mandated positions. Judge Wright provided information on both positions. He stated that the position of Drug Court Coordinator is being funded through a Family Law Grant from the State. This individual would manage all aspects of Juvenile Drug Court. The Permanency Planning Liaison would monitor termination of parental rights cases and assure that they are concluded within the mandated time standards. Judge Wright indicated that the new hires would be considered County employees, but the salary and benefits for both positions would be reimbursed to the County by a State grant. The meeting was opened for discussion and questions. Motion made by Commissioner Kercheval, seconded by Wivell, to approve the request to hire a Drug Court Coordinator and Permanency Planning Liaison as mandated by the State with the salary and benefits to be paid by the State with the condition that it be reviewed if there is a change in the grant funding. Unanimously approved. CITIZENS’ PARTICIPATION Earl Wolfe expressed concerns that he was not eligible for the $150 real estate tax rebate last year since he resides in a rental unit. He stated that he still was required to pay his portion of the real estate taxes to his landlord. The Commissioners requested that Staff review this issue and inform Mr. Wolfe of their findings. Mr. Wolfe also spoke about the Water & Sewer Master Plan and complained about the odors emanating from the City Water Treatment Plant. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that $363 and over 300 pounds of food were donated to Food Resources, Inc. and $969 was donated to Hospice in memory of former Sheriff’s Office employee Robert Rouse from recent County employee casual day events. APPROVAL OF CHANGE ORDER – BOONSBORO BRANCH LIBRARY Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the change order with Murphy and Dittenhafer Architects for professional construction administration services for the Boonsboro Branch Library in the amount of $30,000. Unanimously approved. APPOINTMENT – PUBLIC GOLF CORPORATION Motion made by Commissioner Aleshire, seconded Kercheval, to appoint Charles Mades to the Board of Directors of the Public Golf Corporation for a three-year term. Unanimously approved. REPORTS FROM COUNTY STAFF Stephanie Stone, Director of the Washington County Community Partnership for Children & Families, commended Tom Kline from her office for receiving the 2006 Family Partnership Award from the Maryland Coalition of Families for Children's Mental Health. DECEMBER 12, 2006 PAGE FOUR Gary Rohrer, Director of Public Works, informed the Commissioners that he would schedule a meeting with COPT in January to review County policies and procedures with regard to infrastructure as their project moves forward at Fort Ritchie. He provided an update on the status of various County projects. TOWN OF BOONSBORO ANNEXATION REQUESTS Michael Thompson, Director of Planning, and Derek Myers, Planner for the Town of Boonsboro, met with the Commissioners to present six annexation requests being made to the Town of Boonsboro for incorporation into the Town’s corporate limits. Mr. Thompson stated that the requests were received by the Town prior to October 1, 2006 and are subject to the provisions of Article 66B of the Maryland Code. He reminded the Commissioners that HB 1141, a bill relating to annexation, was effective on October 1, 2006 and would impact how annexations approved by a municipality after January 1, 2007 are reviewed and considered by the County. Mr. Thompson indicated that without “express approval” of the County the Town of Boonsboro may not, for a period of five years following annexation, place the land being annexed in a zoning classification which permits a land use substantially different from the use for the land specified in the current County Comprehensive Plan. He stated that the Planning Commission considered the applications on December 4, 2006 and a motion was made to approve staff recommendations including granting “express approval” where necessary. However, the Planning Commission expressed concerns about the amount of annexations, the lack of concrete plans for the projects with regard to buffering between land uses, proposed densities, school capacity issues, and the Town’s ability to address water and sewer issues and asked the Commissioners to consider these concerns when making their decisions. Mr. Thompson reviewed the staff’s recommendation for each request. The six annexations are as follows: 1) Alternate U.S. 40 – 94.36 acres with proposed zoning of TR (Town Residential) and GC (General Commercial); 2) 70.25 acres (Eleanor Lakin) with proposed zoning of TR (Town Residential); 3) 41.64 acres (Austin Flook) with proposed zoning of MR (Multi-family Residential and GC (General Commercial); 4) 213.30 acres (TT&K), with proposed zoning of TR, MR, GC; 5) 388.32 acres (King Road Associates) with proposed zoning of TC (Town Center), GC, and TR; and 6) 5.51 acres (Curtis and Sandy Shepherd) with proposed zoning of TR. The meeting was opened for questions and discussion. The Commissioners agreed that annexation agreements should required each developer to address the current Adequate Public Facilities Ordinance (APFO) issues with regard to school capacity and water and sewer upgrades. Commissioner Aleshire expressed concern regarding the lack of information provided on the impacts of the development. John Martirano, County Attorney, stated that the County is not obligated to provide express approval today. Mr. Thompson indicated that, if the annexations are not enacted by the Town of Boonsboro by January 1, 2007 the requests would need to be reviewed by the County under the provisions of House Bill 1141. The Commissioners agreed that they would prefer to defer making any decision relating to express approval until they receive additional information from the Town of Boonsboro regarding provisions for the extension of water and sewer services, school capacities, density, annexation agreements, infrastructure, maintenance of roadways remaining in the County, public safety, buffering and emergency services before granting its express approval. RECESS – ANNUAL DEPARTMENT OF SOCIAL SERVICES LUNCHEON The Commissioners recessed at 11:53 a.m. in order to attend the annual Department of Social Services luncheon. AFTERNOON SESSION The afternoon session was called to order at 1:57 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire and James F. Kercheval. DECEMBER 12, 2006 PAGE FIVE (Commissioner Wivell arrived at the meeting at 2:10 p.m.) WESTFIELDS ELEMENTARY SCHOOL – UPDATE BY ADVISORY SCHOOL DESIGN REVIEW COMMITTEE Gary Rohrer, Chair of the Advisory School Design Review Committee, met with the Commissioners regarding the construction drawings for Westfields Elementary School. Mr. Rohrer provided a history of the Committee, which was mandated as a part of House Bill 1272, and outlined their duties. He stated that the Committee is recommending approval of the plans and specifications for Westfields with reservations regarding the bidding process and approach to utilizing a “construction management” approach rather than a “general contractor” approach. Rodney Shoop, County Administrator, stated that any shortfalls would be addressed in the FY 2008 Capital Improvement Program (CIP) funding. The meeting was opened for questions from the Commissioners. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the Advisory School Design Review Committee’s recommendation to authorize the Board of Education to proceed to advertise the Westfields Elementary School project for bid, pending funding for the budgetary shortfall. Commissioner Wivell asked the motion be amended to include a requirement that the project be bid with an option showing the costs with the prevailing wage rate and without them. The Amendment to the motion was accepted by Commissioner Kercheval, seconded by Aleshire, to include a requirement that the project be bid with an option showing the costs with the prevailing wage rate and without them. The Amended Motion was unanimously approved. YOUTH OF THE MONTH AWARDS – NOVEMBER 2006 – DECEMBER 2006 The Commissioners presented certificates of merit to the following students in recognition their selection as Youths of the Month by the Washington County Community Partnership for Children & Families (WCCP): Lynsay Gipe (November 2006 middle school); Praphawade “Unn” Klinsrisak (December 2006 middle school); and Brittany Eberly (November 2006 high school). The Commissioners commended them for their leadership, academic and extra-curricular activities. Commissioner Barr stated that each of the students would also receive a $100 savings bond from the WCCP. BID AWARD – GASOLINE AND DIESEL FUEL Motion made by Commissioner Wivell, seconded by Kercheval, to extend the current Gasoline and Diesel Fuel contract with A.C&T Co., Inc. and Petroleum Traders Corporation for a one-month period extending to December 31, 2006 and to award the following contracts to the low responsive, responsible bidders for a one- year period with an option by the County to renew for four (4) additional one (1) year terms: Gasoline Transport Loads – Petroleum Traders Corp - $552,049.16; Gasoline Tankwagon Loads - A.C.& T. Co., Inc. - $114,594.84; Diesel Transport Loads – Petroleum Traders Corp - $953,037.03; Diesel Tankwagon Loads - A.C.& T. Co., Inc. - $114,803.54 through November 30, 2007. Unanimously approved. LEGISLATIVE PROPOSALS FOR 2007 SESSION OF THE GENERAL ASSEMBLY Kirk Downey, Assistant County Attorney, distributed a list of items suggested by various County Commissioners and staff for the 2007 legislative agenda. Mr. Downey requested that the Commissioners review each item and determine which of the listed requests they would like to present to the Local Delegation as the County’s Legislative Package. 1)Central Booking Facility – A request from Sheriff Mullendore that the delegation be encouraged to continue its support for State funding for the project. 2)Fire Police Legislation – A request from Sheriff Mullendore to increase the number of persons who may be appointed from a fire company to perform the duties of deputy sheriff while going to, functioning at, or returning from fires, accidents, floods, other emergencies or other functions conducted by a fire company. DECEMBER 12, 2006 PAGE SIX 3)Child Luring Law - A proposal from Sheriff Mullendore to adopt legislation making it a crime to intentionally lure a child into a motor vehicle or structure without the presence of the child’s parent(s) with the intent to commit a future criminal act. 4)Maintenance of Level of Funding – A proposal to require the Washington County Volunteer Fire & Rescue Association, upon the merger of a fire or rescue company with another company, to maintain funding to the merged company at a level equivalent to the cumulative pre-merger funding of the individual companies. 5)Prevailing Wage – A request for legislation proposed by Commissioner Wivell that would require local figures specific to Washington County be used to determine the prevailing local wage when a project requires that workers be paid the prevailing local wage rather than the regional wage rate.Civil Citations – A request from the Department of Permits & Inspections for legislative authorization to allow the County to issue civil citations in enforcement of its trade and building codes. 6)Bond Authority – A request from the Director of Budget and Finance for legislation authorizing the Board of County Commissioners to issue $80 million of general obligation bonds over the next four years to finance the construction costs of public facilities. Debra Murray, Director of Finance, provided projections for borrowing for the next four years. She stated that the request is within the County’s debt affordability guidelines. After discussion, it was the consensus of the Commissioners to support the following legislative requests to be submitted to the Local Delegation: central booking funding, fire police legislation, child luring law, prevailing wage – enforce or change legislation to only consider local wages, bonding authority, and civil citations. Commissioner Wivell stated that he was in opposition to requests #6 and #7, and Commissioner Baker indicated that he did not feel he had sufficient information to make a decision on these two issues. The Commissioners agreed to remove the request requiring that the level of funding be maintained for fire and rescue companies when two companies merge, as the State law allows this to be a local decision and the WCVFRA is currently in support of this policy, so legislation is not needed at this time. Andrew Wilkinson, Assistant County Attorney, asked that the Commissioners consider adding the Director of Fire & Emergency Services to the committee that oversees the LOSAP program and setting a minimum age of 16 before an individual can incur points toward the program. The Commissioners discussed the request and agreed to include it in the legislative package if it is determined that the change cannot be made at the local level. CONVENE IN CLOSED SESSION Motion made by Kercheval, seconded by Aleshire, at 3:40 p.m. to convene in closed session to consider the acquisition of real property for a public purpose and matters directly related thereto, to consult with counsel to obtain legal advice on a legal matter; and to consult with staff, consultants, or other individuals about pending or potential litigation, 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 Wivell, seconded by Aleshire, to reconvene in open session at 4:51 p.m. Unanimously approved. In closed session, the Commissioners considered two matters relating to the acquisition of real property for a public purpose and matters directly related thereto, consulted with counsel to obtain legal advice on several legal matters, and consulted with staff or other individuals about pending or potential litigation. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; Andrew Wilkinson, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Greg Murray, Director of the Water Quality Department; Tim Troxell, Director of the Economic Development Commission (EDC); Joe Kuhna, Real Property Administrator; DECEMBER 12, 2006 PAGE SEVEN Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; Phil Ridenour, Airport Fire Chief; Mahesh Kukata, consultant, URS Corporation; Debra Murray, Director of Finance; Gary Rohrer, Director of Public Works (DPW); and Joseph Kroboth, III, Deputy Director of DPW. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 4:51 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk