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HomeMy WebLinkAbout070501 May 1, 2007 Hagerstown, Maryland The Commissioners attended the groundbreaking ceremony for the new Pangborn Elementary School at 8:45 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:55 a.m. by President John F. Barr with the following members present: Kristin B. Aleshire and James F. Kercheval. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 24, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of April 24, 2007. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Debbie Peyton, Insurance Administrator, introduced two new County employees Chris Cochrane (Planning Department) and Laura Holtzman (State’s Attorney’s Office). The Commissioners welcomed the new employees and wished them well in their positions. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval stated that the Maryland Association of Counties requested recommendations for legislative initiatives for 2008 and has asked each County for comments. He informed the Commissioners that he attended the awards ceremony for the Educator of the Year. Commissioner Kercheval reported on the Emergency Services Council meeting. He stated that he attended the opening day ceremonies at Kemps Mill for the Washington County Girls Softball League and commended Jim Sterling, his staff, and the league for the renovations completed at the park in the offseason. Commissioner Kercheval reported on a meeting with Extension Service representatives regarding the proposed Agricultural Marketing Specialist position. Commissioner Aleshire stated that he submitted questions on the Capital Improvement Program (CIP) budget to staff and commended the Finance Department on the document. He reported on the meetings of the Mental Health Authority, the 2+2 Committee with the Board of Education, and the Solid Waste Advisory Committee. Commissioner Aleshire stated that his letter of response to various issues was recently published in The Herald Mail. He also noted that a recent editorial in the newspaper stated that Delegate Weldon would be getting involved in helping to resolve City/County revenue sharing issues. Commissioner Aleshire reminded the Commissioners that the Teenage Pregnancy Prevention Coalition media awards will be held at the Maryland Theatre tomorrow night. Commissioner Barr informed the Commissioners that today is the deadline to apply for the Board of Education member vacancy. The Commissioners discussed the selection process. Commissioner Barr reported on the National Salvation Army Conference that was held last week in Dallas, Texas. PROCLAMATION – WASHINGTON COUNTY TEEN PREGNANCY PREVENTION MONTH AND UPDATE ON COALITION ACTIVITIES Maureen Grove, Dale Bannon and Carrol Lourie, members of the Teen Pregnancy Prevention Coalition, appeared before the Commissioners to provide an update on their activities. Mr. Bannon provided a history of the Coalition and informed the Commissioners that its concentration is on advocacy, awareness and prevention. He stated that it would most likely be 5-10 years before we willsee a decrease in teen pregnancy rates. Mr. Bannon also commended the teen advocacy group that has been working as part of the Coalition. Ms. Lourie reviewed the accomplishments of the Coalition and provided information on upcoming events. Robbie Soto, a member of the teen advocacy group, invited the Commissioners to the media awards event. Mr. Bannon indicated that they would like one of the Commissioners to serve as an ex-officio member on the Coalition. He informed the Commissioners that they anticipate a $20,000 shortfall in FY 2008 which is needed to cover office expenses and advertising. Mr. MAY 1, 2007 PAGE TWO Bannon stated that they would be applying for several grants. He indicated that the Coalition would like to make a presentation at a combined meeting of the Board of County Commissioners and Board of Education regarding its activities. Commissioner Barr presented a proclamation to members of the Teen Pregnancy Prevention Coalition, designating May 2007 as Washington County Teen Pregnancy Prevention Month, commending the efforts of the Coalition, and reminding all citizens of their obligation to make themselves aware of the consequences of teen pregnancy and make a commitment to the community-wide effort to reduce teen pregnancy in Washington County. WASHINGTON COUNTY HISTORY WEEK AND MUSEUM RAMBLE James Neville, Executive Director of the Washington County Historical Society and Miller House Museum; Bill Knode, President of the Washington County Association of Museum and Historical Sites; and Tom Riford, Executive Director of the Convention & Visitors Bureau, appeared before the Commissioners to provide information about the Fourth Annual Museum Ramble, which is being held on May 5-6, 2007. Mr. Neville stated that the ramble is a special self-guided tour of the many museums throughout Washington County. He distributed brochures on the event and the 19 museums that would be featured and informed the Commissioners that the ramble would start at the Visitors Welcome Center. Mr. Riford presented the Commissioners with the Museums & Historical Sites Guide highlighting all of the museums in Washington County. Commissioner Barr presented a proclamation to Mr. Neville, Mr. Knode, and Mr. Riford in celebration of History Week and in recognition of the efforts of the Association of Museums and Historic Sites and in celebration of the Third Annual Museum Ramble to promote these sites in Washington County. CITIZENS’ PARTICIPATION Richard Hawkins, Councilman for the Town of Boonsboro, provided the Commissioners with an update on the progress of the Boonsboro Branch of the Washington County Free Library. He stated that the Boonsboro community has raised $1.2 million for this project. The anticipated completion date is in early August. Commissioner Kercheval indicated that the Commissioners would like the maintenance and operating issues resolved for the branch library facilities. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, informed the Commissioners that two matters, including one personnel matter and one matter concerning the proposed acquisition of real property for a public purpose would be added to the Closed Session agenda today. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, stated that he received notification that the State has awarded Washington County $1.5 million for the Rural Legacy Program and $158,000 in Program Open Space funding for FY 2008. He informed the Commissioners that a Memorial Day wreath-laying ceremony would be held at the Court House on May 27 at 2:00 p.m. Mr. Murray stated that he met with representatives from the Extension Service regarding the Agricultural Marketing Specialist position and indicated the details that have to be resolved. He also indicated that a Memorandum of Understanding (MOU) would be developed to specify supervisory duties, location, and clerical support. The Commissioners asked the County Attorney’s Office to develop bylaws for the new Agricultural Marketing Advisory Committee. Mr. Murray also provided information on upcoming agenda items. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Special Projects, stated that he met with Deputy Secretary of Transportation Beverley Swaim-Staley at the pre-tour meeting. Mr. Rohrer reviewed the proposed transportation priorities again with the Commissioners. He stated that he recommends that the top four projects to submit to the State Department of Transportation be as follows: 1) US 40/Edgewood Drive intersection, 2) Eastern Boulevard MAY 1, 2007 PAGE THREE (YMCA to MD Rt. 60), 3) Eastern Boulevard (MD Rt. 64 to YMCA); and 4) US 340/Keep Tryst Road intersection improvements. Mr. Rohrer stated that he feels the County should include for study and assessment, the intersection of US Rt. 40 and Cornell Drive and the I-81 study. After discussion, it was the consensus of the Commissioners to approve the transportation priority list for submittal to the Department of Transportation. Joe Kroboth, Director of Public Works, informed the Commissioners that there has been a 75% reduction in leachate generation at the N-Cells at the Resh Landfill. He stated that the bids for the Forty West Landfill Cell #4 came in $2 million below the budgeted amount. He indicated that they hope to reduce the bond borrowing in this fund by a like amount. (Commissioner Baker arrived at 11:28 a.m.) REFUGEE RESETTLEMENT PROGRAM George Miller, Program Coordinator for the Hagerstown Refugee Resettlement Office, appeared before the Commissioners to request funding assistance for the Refugee Resettlement Program for the new refugees arriving in 2007. Mr. Miller provided information on the history of the program. He stated that 64 families have been resettled in Washington County and provided information on the role of local co-sponsors. Mr. Miller requested $15,000 for 100 refugees who are expected to arrive in 2007. The meeting was then opened for questions and comments. The Commissioners took the request under consideration at this time. PROCLAMATION – OLDER AMERICANS MONTH Commissioner Barr presented a proclamation to Susan MacDonald, Executive Director of the Washington County Commission on Aging, and John Kenney, Chair of the Commission, designating the month of May 2007 as Older Americans Month “Making Choices for a Healthier Future” and urged all citizens to honor older adults and those who care for them and to participate and promote activities that contribute to helping older Americans make choices for a healthy and rewarding future. CONVEYANCE OF STORMWATER MANAGEMENT POND – LONGMEADOW ROAD AND NORTH POINTE DRIVE Joe Kuhna, Real Property Administrator, and Terrence McGee, Chief Engineer, met with the Commissioners to request authorization to commence with procedures to convey the existing stormwater management pond at the intersection of Longmeadow Road and North Pointe Drive to Bowman Development Corp. Mr. Kuhna stated that Bowman Development Corp. is planning to develop the property they own located between the pond and the new Sheetz and Martins Food Store sites. Ownership of the pond would allow them to more effectively develop the parcel they own by expanding the existing stormwater management pond. Mr. McGee stated that this would be more cost effective and that a single pond at this location would provide more effective stormwater control than multiple ponds. He indicated that it would also relieve the County of the perpetual maintenance responsibility of the pond, as the property owner, Bowman Development Corp., would be fully responsible for design, construction, and future maintenance costs. The meeting was opened for questions from the Commissioners. Mr. Martirano stated that the County is required under the Code of Public Local Laws to advertise its intent to convey real property once a week for three successive weeks. Motion made by Commissioner Kercheval, seconded by Baker, to approve the conveyance of the property to Bowman Development Corp. and to authorize the Division of Public Works and the County Attorney’s Office to begin the process (including advertising the County’s intent to convey) to convey the existing stormwater management pond at the intersection of Longmeadow Road and North Pointe Drive to Bowman Development Corp. Unanimously approved. REQUEST TO LEASE SHARPSBURG WATER TANK SPACE TO T-MOBILE Joe Kuhna, Real Property Administrator, informed the Commissioners that T-Mobile has requested to lease space along the railing of the Sharpsburg water tank. Mr. Kuhna stated that it wants to place a cellular antenna MAY 1, 2007 PAGE FOUR on the tank in order to provide cellular coverage for the surrounding area. In addition to the antennas, it will need to construct a 10 x 12 foot concrete pad for mounting equipment. Mr. Kuhna stated that T-Mobile desires to lease the space for a five-year term with three renewable five-year options with an annual three percent increase. The meeting was opened for questions. Motion made by Commissioner Kercheval, seconded by Aleshire, to lease space on the Sharpsburg water storage tank to T-Mobile for cellular antenna coverage for a term of five-years with three renewable five-year options for $1,995/month plus an annual escalator with the lease to become renegotiable after the first five-year term and with the condition that the T-Mobile not be permitted to occupy the tower until the tank maintenance is completed and the radio project is installed. Unanimously approved. COMMISSIONERS COMMENTS – CONTINUED Commissioner Baker stated that he attended a meeting of the Hancock Chamber of Commerce. He also reported on the Weed Control Program meeting. RECESS - LUNCH The Commissioners recessed at 12:11 p.m. in order to attend a luncheon and tour of the Washington County Sheriff’s Department. AFTERNOON SESSION The afternoon session was called to order at 2:23 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. CITY OF HAGERSTOWN ANNEXATION REQUEST – SHAOOL (A06-03) 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 5.948 acres of land on the east side of Eastern Boulevard approximately 1,000 feet north of Security Road. The property is designated as low density with a Rural Village (Urban) overlay on the Comprehensive Plan. The applicant is requesting R-1 (residential) zoning. Mr. Thompson informed the Commissioners that the previous Board of County Commissioners found the proposal to be consistent with the 2002 Washington County Comprehensive Plan on August 8, 2006, but also expressed a number of concerns to the City that were outlined in a follow-up letter to the City dated August 14, 2006. Mr. Thompson stated that a letter from the Mayor of Hagerstown was received asking the Commissioners to confirm their position regarding the following issues: 1) The County Commissioners have affirmed that the proposed City zoning of R-1 residential is consistent with the existing County zoning of RS-residential suburban; 2) As part of the development review process, County staff will review and approve, with any appropriate conditions, any proposed connections to existing County roads which abut the site; 3) As part of the development project, the County will require the developer to address and mitigate current offsite stormwater issues in the receiving watershed; and 4) Eastern Boulevard from Jefferson Boulevard north to the YMCA will remain a County roadway. Mr. Thompson stated that Annotated Code of Maryland does not permit 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. Rodney Tissue, City Engineer, and Stuart Bass, City Comprehensive Planner, asked that the County’s position be clarified in order to present to the Mayor and Council during their deliberations. Commissioner Kercheval expressed concerns regarding access onto Eastern Boulevard and stated that he would prefer that the development access onto Klick Way or Antietam Drive. Mr. Tissue stated that he feels the MAY 1, 2007 PAGE FIVE City would agree to make this a condition of the annexation. Also discussed was the issue of whether this section of Eastern Boulevard would be owned and maintained by the County and whether the City would consider using the portion of its excise tax designated for roads from this annexation toward upgrades to Eastern Boulevard. Joe Kroboth, Director of Public Works, recommended that the City and County staffs meet to develop a plan for this type of road ownership and future maintenance. The meeting was then opened for discussion. It was the consensus of the Commissioners to reaffirm the previous Board’s position that the annexation is consistent with the County’s Comprehensive Plan and that issues with Eastern Boulevard and stormwater management still exist. County staff will participate in the development review process and the County will require the developer to address and mitigate stormwater management issues. No action was taken in regard to the ownership of Eastern Boulevard. However, it was the consensus to have staff develop an MOU with the City for maintenance issues on Eastern Boulevard. The Commissioners also agreed not to allow access onto Eastern Bouleard and to request that access to the development be onto Antietam Drive or Klick Way. LEAD PAINT ABATEMENT PROGRAM – FY 2005-07 David Jordan, Executive Director, asked that the Commissioners approve the extension of a contract with the Maryland Department of Housing and Community Development to participate in the Federal Lead Paint Abatement Program as administered by the Washington County Community Action Council (CAC). Mr. Jordan stated that the funding period would be extended for an additional six-month period, ending in December 2007. Motion made by Commissioner Kercheval, seconded by Baker, to approve the proposed amendment to extend the contract with the Maryland Department of Housing & Community Development to participate in the Federal lead Paint Abatement Program being administered by the Washington County Community Action Council for a six-month period expiring in December 2007 and to approve the proposed amendment to extend the County’s contract with CAC to administer the contract. Unanimously approved. GENERAL FUND BUDGET DISCUSSIONS Debra Murray, Director of Finance, informed the Commissioners that 597 of the tax rebate checks issued last year have not been cashed. Ms. Murray stated that she would send a letter notifying these individuals that they would have until August to cash the checks. After that time, the funds will be forfeited to the State of Maryland as required by law. Ms. Murray requested approval to reduce the bond issuance by $2.2 million since the bid for the Forty West Landfill Cell #4 bid was underbid by this amount. It was the consensus of the Commissioners to approve the proposal. Ms. Murray and Kim Edlund, Assistant Director of Finance, continued their review of the FY 2008 budget. Ms. Murray stated that they would be providing the Commissioners a draft next week showing the changes made to date in the budget and including positions that must be reviewed by the Salary Review Committee. The Commissioners continued their review of FY 2008 General Fund budget requests. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to convene in closed session at 4:34 p.m. to consult with counsel to obtain legal advice; to discuss the employment, assignment, discipline, demotion, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss any other personnel matter that affects one or more specific individuals; to consider the acquisition of real property for a public purpose and matters directly related thereto; and consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. MAY 1, 2007 PAGE SIX RECONVENE IN OPEN SESSION Motion made by Commissioner Aleshire, seconded by Baker, to reconvene in open session at 6:12 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice; discussed the employment, assignment, promotion, discipline, demotion, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered the acquisition of real property for a public purpose and matters directly related thereto; and considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. 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: Greg Murray, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Dee Hawbaker, Acting Director of Human Resources; Jonathan Topazian, Labor Counsel; Gary Rohrer, Director of Special Projects, Debra Murray, Director of Finance; Merle Elliott, member of the Board of Directors of CHIEF; Tim Troxell, Director of the Economic Development Commission (EDC); Joe Kuhna, Real Property Administrator; Sheriff Douglas Mullendore; and Joe Kroboth, Director of Public Works. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 6:12 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk