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HomeMy WebLinkAbout070417 April 17, 2007 Hagerstown, Maryland The Commissioners attended the groundbreaking ceremony for the new elementary school to be located at the Westfields Development at 8:00 a.m. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:45 a.m. The following Board of Education members were present: Paul Bailey, Ruth Anne Callaham, William Staley, and Wayne Ridenour. Maryland Economic Development Proposal for Barbara Ingram School for the Arts Dr. Elizabeth Morgan, Superintendent of Schools, provided an overview of the plans for the school and the history of the Barbara Ingram School for the Arts. Roger Giles, Director of System Development; Robert Brennen, Executive Director of the Maryland Economic Development Corporation (MEDCO); and Kevin Quinn, Wye River Group, Inc., met with the Commissioners to discuss a proposal for funding the project. The School for the Arts would be a regional charter-like public high school for the visual and performing arts. Mr. Giles stated that the long-term ground lease of the facility to a local non-profit corporation would serve as “facility owner/lessor.” Mr. Brennan reported that the financing of capital costs would be done through tax-exempt bonds issued by MEDCO, the Department of Business and Economic Development - $240,000; Community Legacy Funds – $115,000, State historic tax credits of $1.4 million, and other possible grants, sponsorships, donations, and low-cost subordinate financing. Mr. Quinn provided details of the financing proposal. He stated that the net project cost is approximately $7 million and the bond issuance would be $10.6 million. The Board asked for the “blessing” of the County Commissioners to pursue the bond financing as outlined. The meeting was then opened for questions and discussion. The Commissioners took the information under consideration and agreed to place it on their agenda for further discussion at next week’s meeting. Commissioner Wivell indicated that the Town of Smithsburg might need a small section of land from the Board of Education’s former Job Development Center site for the proposed expansion of its water tank site. RECESS The Commissioners recessed at 9:55 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 10:25 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr following a moment of silence in remembrance of the students who died at the Virginia Tech campus yesterday. This was followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 3, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of April 3, 2007. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Aleshire informed the Commissioners that he has information available on the goal-setting approach used by the City of Hagerstown if they wish to read it. He stated that he received a letter from the State Highway Administration that repair of the bridge on US 522 at the Town of Hancock will be ongoing this summer. Commissioner Aleshire stated that he attended the Celebration of Learning presentation at Bester Elementary School. He reported that he has concerns regarding a proposed rezoning application that includes donation of a school site because he does not have an analysis from the Board of Education stating whether the area proposed is an appropriate location for a school site. APRIL 17, 2007 PAGE TWO Commissioner Wivell informed the Commissioners that the Town of Smithsburg is requesting a small portion of land from the Board of Education’s former Job Development Center site for expansion of existing water holding tanks. John Martirano, County Attorney, informed the Commissioners that Commissioner Wivell has requested that the County Attorney’s Office research the title to this property and determine if there are any reverter clauses or restrictive covenants relating to this parcel. Commissioner Kercheval reported on the Board of Education’s 2+2 Committee meeting. He stated that he attended the Greater Hagerstown Committee’s Redevelopment Task Force and reported that they have proposed minor adjustments with the property tax credits for this area. Commissioner Kercheval informed the Commissioners that he attended the Celebration of Business event hosted by the Economic Development Commission. Commissioner Baker referenced a recent letter to the editor in support of televising the Commissioners’ meetings. He commended Joe Kroboth, Director of Public Works, for his work with the citizens on the Maugans Avenue improvement project. Commissioner Barr stated that he attended the opening day ceremonies at American Little League and presented a proclamation on behalf of the Commissioners to the Parent- Child Center at their fundraising event. CITIZENS’ PARTICIPATION Joan Wilson stated that she received notice from the Town of Williamsport that she was appointed to the Housing Authority and asked about the appointment process. Greg Murray, County Administrator, reviewed the process and indicated that the Commissioners would be discussing this matter in Closed Session later today. GRANT AWARD – EMERGENCY NUMBERS SYSTEM BOARD FOR FIRE & RESCUE COMMUNICATIONS/911 CENTER Motion made by Commissioner Kercheval, seconded by Wivell, to authorize the Division of Fire & Emergency Services to accept a grant award of $163,132.28 in special project funding from the Emergency Number System Board for the 911 Center to include training classes, dispatching software, replacement headsets, and electrical contracting services for the installation of redundant fiber optic connectivity at the Center. Unanimously approved. COUNTY ATTORNEY ISSUES Andrew Wilkinson, Assistant County Attorney, requested authorization to proceed with execution of the Mitigation Agreement relating to the previously approved APFO mitigation proposal/plan for the Claggett’s Mill development. It was the consensus of the Commissioners to proceed with the execution of the Mitigation Agreement relating to the previously approved mitigation proposal Claggett’s Mill development. APPOINTMENT – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Michael Deming to the Economic Development Commission as a City of Hagerstown representative to fill the unexpired term of John Barr through June 30, 2007, and for a succeeding three-year term extending to June 30, 2010. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Motion made by Commissioner Wivell, seconded by Kercheval, to approve filling the Electronics Technician (Grade 10) position at the Water Quality Department. Unanimously approved. Mr. Murray stated that the Memorandum of Understanding received by John Martirano, County Attorney, from Karen Giffin of the City of Hagerstown to formalize the funding arrangement for the Miss Maryland/Miss Teen Scholarship Pageants is for a five-year period at $14,000 per with a $500 per year escalator. The Board only committed to a one-year period in action taken at its February 13, 2007 meeting. APRIL 17, 2007 PAGE THREE Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the Memorandum of Understanding as presented with the City of Hagerstown to provide $14,000 per year toward funding of the rental agreement for the Maryland Theatre for the Miss Maryland/Miss Teen Scholarship Pageant for a five-year period with a $500 escalator for each of the final four years. Unanimously approved. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Special Projects, stated that he and Joe Kroboth, Director of Public Works, met with the Western Section District Engineer of the State Highway Administration (SHA) regarding projects in Washington County. He indicated that SHA is interested in counties developing and adopting sidewalk ordinances. Joe Kroboth, Director of Public Works, informed the Commissioners that the pavement maintenance contract will be advertised tomorrow. He provided updates on various projects. Norman Bassett, Public Information Officer, informed the Commissioners that, in lieu of a franchising agreement, the Commissioners would have to make a formal request to the City of Hagerstown to use its facilities to televise meetings due to staffing issues. REZONING MAP AMENDMENT RZ-06-017 – BOWMAN CAVETOWN, LLC Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the rezoning case with the hope that they will reach a consensus. He would then develop findings of fact and an articulation of reasons for the decision, which would be brought back for a final vote at a future meeting. Mike Thompson, Director of Planning & Community Development, and Jill Baker, Senior Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-017, as submitted by Bowman Cavetown, LLC to rezone .80 acres of land on the southwest corner of MD 66 and MD 64 from RR-Rural Residential to BL-Business Local. Ms. Baker stated that the Planning Commission voted to deny the request based on a determination that it is not consistent with the County’s Comprehensive Plan. The meeting was then opened for questions of the staff. Mr. Downey reviewed the process for rezoning applications. He provided several pertinent factors for the Commissioners to consider in their deliberations. Each Commissioner commented on the case. Commissioner Wivell stated that although he feels the applicant is a good corporate citizen; the neighborhood is in transition and this property provides a buffer for the residential neighborhood. He stated that he does not feel the applicant met the requirements in defining the character of the neighborhood. Commissioner Aleshire stated that he does not feel the area should be rezoned at this time and sited the legitimate concerns of the neighbors regarding access to the property and the road currently being used primarily for residential traffic, as well as the recommendation of denial from the Planning Commission and the upcoming consideration of Urban Growth Area rezoning. Commissioner Baker stated that he is against the requested rezoning. Commissioner Kercheval stated that he is not in favor of the proposed rezoning based on the staff recommendation and the Planning Commission recommendation. He indicated that it is conditioned on the applicant to make his case, and he does not feel that a case was made by the applicant for a change in the character of the neighborhood. Commissioner Kercheval indicated that the staff comments regarding “mistake” were applicable. He also noted that, although the zoning is consistent with the Town of Smithsburg’s comprehensive plan, it received no support from the Smithsburg Town Council. APRIL 17, 2007 PAGE FOUR It was the consensus of the Commissioners to deny the application. Mr. Downey stated that he would draft proposed findings of fact for the Commissioners and bring them back for final consideration and approval. LOCAL EMERGENCY PLANNING COMMITTEE – HOME CHEMICAL SAFETY PROCLAMATION & POSTER CONTEST AWARD WINNERS Commissioner Barr presented proclamations to John Latimer, IV, and Sheriff Douglas Mullendore, representing the Local Emergency Planning Committee (LEPC), designating the week of April 15-21, 2007, as Home Chemical Safety Week in Hagerstown and Washington County and commending this observance to all citizens. Mr. Latimer stated that a proclamation was also received from the City of Hagerstown proclaiming Home Chemical Safety Week. Mr. Latimer and Ms. Brown stated that 11 elementary schools participated in the program. Mr. Latimer outlined the program curriculum, which was presented to fourth grade students in the County. Mr. Latimer informed the Commissioners that the County’s Special Operations Team provides lunch for all of the contestants. The Commissioners expressed appreciation to all of the local businesses that participated in the event. Commissioner Barr presented awards to the winners of the Home Chemical Safety poster contest. The first place winner was Lexus Guthrie (Lincolnshire Elementary), the second place winner was Jazlyn Davis (Salem Avenue Elementary), and the third place winner was Cody Crouse (Pleasant Valley Elementary.) The winners received U.S. Savings Bonds from the Washington County Volunteer Fire & Rescue Association, gift certificates, and backpacks containing gifts from local businesses. All three of the winning schools will receive pizza parties for their fourth grade classes. Ms. Brown thanked the local businesses that helped sponsor the event. RECESS – LUNCH The Commissioners recessed at 11:59 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:16 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. REVIEW OF TRANSPORATION PRIORITIES Gary Rohrer, Director of Special Projects, appeared before the Commissioners to review and discuss transportation priorities for adoption by the Commissioners. Mr. Rohrer stated that this is in response to a request from the Greater Hagerstown Committee for development of a comprehensive list of projects that could be used to lobby for State and Federal Transportation funding in light of the Long Range Transportation Plan. Mr. Rohrer submitted the following list of proposed County transportation priorities: 1) US 40/Edgewood Drive, 2) Halfway/Massey Boulevards, 3) Robinwood Drive, Phase II, 4) Marsh Pike/Longmeadow Road, 5) Longmeadow Road, US 11 to Marsh Pike, 6) Eastern Boulevard, and 7) Robinwood Drive, North. He stated that the top five projects for the City of Hagerstown are: 1) Eastern Boulevard widening, 2) Reconstruction of the intersection at Edgewood Drive/Rt. 40, 3) Jonathan Street Streetscape, 4) MD Route 60/Northern Avenueintersection improvements, and 5) Marshall Street reconstruction. Mr. Rohrer also reviewed future transportation projects that are not planned at this time. Commissioner Kercheval requested additional information regarding proposed funding sources for each of the projects. The Commissioners agreed that there needs to be more discussion on the priority listing before it is . finalized PUBLIC HEARING – ECONOMIC DEVELOPMENT REVENUE BONDS – RAMPF MOLDS INDUSTRIES, INC. The Commissioners convened a public hearing at 2:02 p.m. to hear comments regarding the proposed issuance by the County of one or more series of its economic development revenue bonds for Rampf Molds Industries, Inc. in an aggregate principal amount not to exceed $5,000,000. Timmy Ruppersberger, County Bond Counsel, Venable, LLP, stated that the bonds APRIL 17, 2007 PAGE FIVE will be used to finance or refinance: 1) the construction of an approximately 18,750 square foot addition to the existing manufacturing plant located at 90 Western Maryland Parkway, Hagerstown, Maryland; 2) the acquisition of furnishings, fixtures and equipment, including without limitation, a Case Hardening Oven, milling machines, cranes, straightening presses, shot blasting tooth, and paint booth, and landscaping, roads or other rights of access, utilities and other facilities as may be necessary or suitable for the foregoing; 3) capitalized interest on the bonds; and 4) the payment of bond issuance costs. This will allow these projects to obtain a lower interest rate by using the County government as a conduit. Ms. Ruppersberger stated that this issue is a limited obligation bond and does not represent any liability for the County. She indicated that the issuance of these bonds would not affect the County’s bond rating or borrowing limits. The meeting was then opened for public comment. There was no one present who wished to comment. The public hearing was closed at 2:06 p.m. Motion made by Commissioner Kercheval, seconded by Wivell, to adopt a resolution providing for the issuance and sale by the County Commissioners of Washington County, in accordance with the Maryland Economic Development Revenue Bond Act, as its limited obligations and not upon its faith and credit or taxing power, of one or more series of its economic development revenue bonds in aggregate principal amount not to exceed $5,000,000, pursuant to the provisions of Sections 14-101 through 14-109 of Article 41 of the Annotated Code of Maryland (1997 Replacement Volume), as amended, in order to lend the proceeds thereof to Rampf Molds, Inc. for the sole and exclusive purposes described in the resolution. Unanimously approved. QUOTE AWARD – ROOF REPLACEMENT (HANGAR #5) HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Aleshire, seconded by Baker, to award the quote for the roof replacement on Hangar #5 at the Hagerstown Regional Airport to Rhodes Construction, which submitted the lowest responsible, responsive bid of $25,797.31. Unanimously approved. CONTRACT RENEWAL – LEACHATE HAULING FROM COUNTY LANDFILLS FOR DISPOSAL Motion made by Commissioner Kercheval, seconded by Baker, to award the contract for leachate hauling from County Landfills for disposal for the last option-year term as requested by A.C.&T. Co., Inc. to include a five (5%) percent increase on the haul rate. Unanimously approved. CONTRACT RENEWAL – ELECTRICIAN SERVICES AT COUNTY FACILITIES Motion made by Commissioner Wivell, seconded by Aleshire, to renew the contract for electrician services at County facilities to Kube Electric Co., Inc., with the requested 3% increase in labor rates for FY 2007. Motion carried with Commissioners Wivell, Aleshire, Baker, and Kercheval, voting “AYE” and Commissioner Barr “ABSTAINING.” CONTRACT RENEWAL – PLUMBING & HEATING MAINTENANCE SERVICES Motion made by Commissioner Kercheval, seconded by Aleshire, to renew the contract for plumbing and heating maintenance services with Beaver Mechanical Contractors, Inc. with a 3% increase in the hourly rate for a plumber for routine hours, a 3% increase in hourly rates for a plumber’s helper during routine regular working hours and non-routine hours, and a 5% increase in hourly rates for a plumber during evenings, Saturdays, Sundays and holidays for FY 2008. Unanimously approved. CONTRACT AWARD – ARCHITECTURAL SERVICES – CENTRAL BOOKING & ADMINISTRATIVE RENOVATIONS AT SHERIFF’S DEPARTMENT Motion made by Commissioner Kercheval, seconded by Baker, to award the contract for architectural services for Central Booking and Administrative Renovations at the Washington County Sheriff’s Department to Bushey Feight Morin Architects, Inc., which submitted the responsive, responsible bid of $147,316. Unanimously approved. APRIL 17, 2007 PAGE SIX GENERAL FUND BUDGET DISCUSSIONS Dee Hawbaker, Acting Director of Human Resources, met with the Commissioners to discuss the recommendations in FY 2008 General Fund budget regarding benefits and new positions. After discussion, the Commissioners approved a cost-of- living adjustment (COLA) increase of 2% for retirees for FY 2008. They also agreed to the have the Retirement Committee review the possibility of including a 1% annual COLA put into the Retirement Plan. After discussion, it was the consensus to approve the proposed increase in Short Term Disability from 70% of pay not to exceed $500 per week to not to exceed $800 per week, and include this recommendation in the budget. The Commissioners agreed to wait until the May 8 presentation on health care to make revisions. The Commissioners approved the recommendation to reinstate the Salary Review Committee to review all personnel reclassification and additional compensation requests prior to annual budget presentation, review 1/3 of the work force per year, and review and recommend changes to the salary structure. Ms. Hawbaker reviewed the following recommendations for salary requests for FY 2008: Overall increase of 3.5% plus performance rating (non-uniformed). In addition to the suggested percentage increase, she recommended a flat $1,000 be added to the salaries of those individuals who did not receive an additional 4% last year added to the overall 4.5 salary increase. Ms. Hawbaker stated that last year 1/3 of employees received 4% in addition to a salary increase. This would address the remaining 2/3 of the employees. It was the consensus to approve the recommendations as presented. Uniformed personnel – Sheriff Mullendore requested that they receive 3.5% between steps. He also requested approval for a 2% COLA to be included in the salary structure rather than a flat $1,000. Sheriff Mullendore stated that this would help his department to stay competitive within the market and be comparable with other County employees. After discussion, it was the consensus to approve the request. The Commissioners agreed that reclassifications would go back to Salary Study Committee for review and recommendation. The Commissioners approved the following requests for new positions as recommended: - Deputy Sheriffs (2) (Judicial/Sheriff’s Department) recommended for hire January 1, 2008 - Deputy Sheriffs (5) (Patrol/Sheriff’s Department) approved with a hire date of 9/1/07 entry step - Deputy Sheriff (Domestic Violence/Sheriff’s Department) approved if the current grant funding is not approved at Grade 11. - PT Barber at Detention Center to be paid by inmates (Inmate Welfare Fund) - 4 Equipment Operator I positions - Grade 6 (Highway Department) – 2 Southern Section, 2 Central Section - PT Utility Maintenance Guard (Water Quality) at $12,000 per year The Commissioners agreed to take the following positions under consideration pending further discussion: - GIS Database Administrator - Grade 14 (Information Technology Department). - 9 Advanced Life Support Technicians – Fire & Emergency Services ($3,200 above minimum for Grade 13) - 3 Construction Inspectors - Grade 11 (Engineering) – if they can’t transfer from Permits, then approval to hire 2 inspectors. Other Requests (approved): - Buildings, Grounds & Parks – Change in title from maintenance Leadworker to Park/Playground Inspector (no change in grade or pay) APRIL 17, 2007 PAGE SEVEN - Narcotics Task Force – reclassify full-time Intelligence Analyst position to Part-time - Election Board: 1) Increase Contractual Attorney salary from $3,000 to $4,000 annually; 2) Increase salary of 2 Election Board Alternates; 3) Increased salary for 2 Election Clerks; 4) Additional funding for Election Board President, 2 Board Members and the Attorney for every election worked ($500 for each election worked). - Airport Manager to Airport Director – change in title The Commissioners asked that the following requests go to the Salary Study Committee for recommendation: - Judicial – increase PT wages for metal detector employees by $.50/hour - Process Servers – Increase hourly wages $1/hour - Public Safety Systems Manager – increase salary - Utility – Laboratory (Water Quality) – increase overtime above the general 3½% - Sewer-Collection Lines – increase salary of Asst. Collections/Distribution Superintendent (Commissioner Kercheval was excused from the meeting at 6:15 p.m.) CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Baker, to convene in closed session at 6:16 p.m. to discuss the appointment, employment, assignment, or compensation of appointees, employees or officials over whom it has jurisdiction and discuss personnel matters that affect one or more specific individuals, 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 Aleshire, seconded by Baker, to reconvene in open session at 6:45 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, or compensation of appointees, employees or officials over whom it has jurisdiction and discussed personnel matters that affect one or more specific individuals. 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 Gregory Murray, County Administrator; John Martirano, County Attorney; and Joni Bittner, County Clerk. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Aleshire, seconded by Baker, to reappoint Bertrand Iseminger to the Board of Zoning Appeals for a three-year term. Unanimously approved. APPOINTMENT – HOUSING AUTHORITY Motion made by Commissioner Aleshire, seconded by Baker, to appoint Joan Wilson to the Housing Authority of Washington County to fill the remainder of the term of Jimmy Black which extends to August 31, 2007. Unanimously approved. REAPPOINTMENT – ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Aleshire, seconded by Baker, to reappoint Dr. Edward Ditto to the Advisory Commission to the Board of Health for a three-year term. Unanimously approved. SCHOOL BOARD SELECTION COMMITTEE Motion made by Commissioner Aleshire, seconded by Baker, to appoint Richard Phoebus to the School Board Selection Committee as the Commissioners’ representative. Unanimously approved. APRIL 17, 2007 PAGE EIGHT ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn at 6:50 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk