Note: This is a SUMMARY of the Commissioners Meeting for the purposes of a Press Release. These are not the official minutes of the meeting.
Review of Actions Taken in the Washington County
Board of County Commissioners Meeting
June 13, 2006
INTRODUCTION OF NEW EMPLOYEES
Human Resources
Administrator Dee Hawbaker brought three new employees before the Board for
introductions. John Lehman, Paul Price, and Robert Smith, are all new Equipment
Operators in the Highways Department.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Dori Nipps commented on making presentation of two awards to
the Soil Conservation District annual picnic last weekend. The Historic Advisory
Committee will bring revisions to its structure before the Board for approval
this fall, to include an organizational member makeup and term limits for
members, Nipps said.
Commissioner
Bill Wivell reported on a meeting of the PenMar Development Corporation Board
of Directors that was held recently. Budget issues were discussed, Wivell said.
Fireworks will be featured at an event on July 1st at Fort Ritchie, celebrating
Independence Day. Wivell also requested that Humane Society Director Paul
Miller be scheduled for a future agenda regarding resolution of the spay/neuter
program funds to animal rescue groups.
Commissioner
Jim Kercheval reported on making a presentation at the Soil Conservation Awards
event. A Commissioners' certificate of appreciation was presented to Frank Erck
, a long-time member of the Economic Development Commission, at the EDC meeting
last week. The Greater Hagerstown Committee discussed the proposed School for
the Arts in downtown Hagerstown at a recent meeting. Timeline for the school
and options for financing were among items under discussion. The County-City
2+2 Committee met last week and discussed an approach to a joint proposal for
funding of the Edgewood Drive-U.S. 40 interchange upgrade. The committee favored
asking the State Highway Administration to fund 50% of the project, with the
County and City splitting the remaining half on a 60-40 basis. The County would
shoulder the larger share of that split at a cost of up to $3.6 million.
The City's proposal would put up to $1.65 million in cash in the project and
$750,000 in in-kind costs for moving sewer and water lines. The County's funds
are included in the current Capital Improvement Project budget and could be
used for purchase of rights-of-way as soon as approval is given for project
go-ahead. Bids could go out in the spring of 2007 if all parties agree to the
funding proposal for this critical transportation improvement project. The City
was expected to discuss that proposal at its Council meeting later in the day.
The committee believes that a letter needs to be sent to the state indicating
that the Commissioners have made a commitment to funding for the project. President
Snook said he will be meeting with state officials next week and will discuss
our proposal. Commissioners'
President Greg Snook told the Board that a letter has been received from the
Maryland Department of the Environment announcing funding for water quality
projects. The Mount Aetna reservoir will be replaced with a water tank, and
the Highfield and Sharpsburg water towers will be upgraded under that plan.
A letter from the Governor's Office announced $2.4 million will be allocated
for the next phase of the rail-to-trail project in the western section of the
County. Thursday afternoons the City of Hagerstown offers free concerts in the
Plaza adjacent to the University System of Maryland-Hagerstown building, Snook
said.
RZ-06-004: PORTRAIT HOMES REZONING
Assistant
County Attorney Kirk Downey and Planning Director Mike Thompson brought this
case to the Board for discussion only. The applicant, Portrait Homes – Mid
Atlantic, LLC has requested that 24.3 acres located on the west side of Bower
Avenue between I-70 and Tower Drive be rezoned from A-Agricultural to A/PUD – Agricultural/Planned
Unit Development, with 131 town homes. This matter is on the agenda for
discussion on whether to grant or deny the rezoning requested. The
Planning Commission vote on the recommendations for this case resulted in a
tie, so there was no recommendation as to the appropriate action to be taken
by the Commissioners. Discussion centered on housing densities, traffic problems
and school capacities. 5.5 housing units were planned per acre, and schools
in the area are at 90% capacity, Thompson said. The Board reached consensus
against supporting the rezoning, citing inadequacy of roads and lack of variety
of housing and commercial development. No vote was taken, to allow staff to
prepare proper documents.
RZ-006-003: HERITAGE LAND DEVELOPMENT REZONING
Attorney
Kirk Downey and Chief Senior Planner Steve Goodrich brought this discussion
before the Board. The applicant, Heritage Land Development, has requested that
328 acres located between Sterling Road and Kendle Road, adjacent to the East
side of Doub Road be rezoned from A-Agricultural to A/PUD – Agricultural/Planned
Unit Development. The matter was on the agenda for discussion by the
Commissioners on the issue of whether to grant or deny the requested rezoning. The
Planning Commission vote resulted in a tie, so there is no suggested action
from the Commission. Goodrich told the board that planned density complies with
the Comprehensive Plan, at 3 units per acre. Mixed usage was also provided by
the plan. A school site, commercial area, open space and recreation area was
included. The developer would be obligated to make sewer improvements. Commissioners
discussions again centered on road and school capacities. A consensus was reached
not to support the rezoning, and a vote will be taken next week following development
of proper documents by staff.
GENERAL SERVICES AGREEMENT AMENDMENT
Department
of Water Quality Director Greg Murray brought this action before the Board for
approval. The request was to approve the addition of Amendment #7 to the Consolidated
General Services Agreement (CGSA). Murray said that any addition of property
into the CGSA for purposes of joint sewer service by the City of Hagerstown
and Washington County must be approved by joint resolution of the Board of County
Commissioners and City of Hagerstown Mayor and Council. The Amendment
differs from its predecessors in certain wording that was changed to allow for
transfer of assets to the City if property is annexed and the County has no
financial considerations involved. The wording is precedent-setting, and allow
for orderly transfer of assets should the need arise. Wording in paragraph 5
of the Amendment reflects transfer of assets to the City if property in the
Joint Service Area is annexed. The recommended changes in this paragraph
clarify what assets are to be transferred and specify parcels and properties
to which this paragraph specifically applies. This amendment was originally
discussed and conceptually approved in 2004 and has been waiting for City concurrence
before presentation for final Board approval. The measure was approved by unanimous
vote.
STAFF COMMENTS
Hagerstown
Regional Airport Manager Carolyn Motz brought a request for a budget transfer
of $163,270 for revenue and expenses due to the reinstatement of Essential Air
Service (EAS). The budget for the current fiscal year did not plan for airline
service, because it was not known if EAS would be reinstated at the time the
budget was prepared, early spring of 2005. Revenues have come in from Passenger
Facility Charges, Operating Grants, Concession fees, terminal rentals and other
rentals, and appropriate expenditures charged to offset the increase, preserving
the balanced budget, Motz said. The measure was approved by unanimous vote.
Motz also
requested a 120-day extension of the On-Call Engineering contract to U.R.S.
consultants while a request for proposal for contract renewal is being developed.
The measure was approved by unanimous vote.
CITIZENS PARTICIPATION
Each week the Board of County Commissioners sets
aside time to hear from citizens of Washington County on matters of importance
to the community.
Diane Eaves of Hagerstown commented in opposition
to the Teen Pregnancy funding award proposed later in the day by the Community
Partnership.
Jason Happel of Hagerstown requested the Commissioners'
assistance in obtaining Board of Education cooperation with a mitigation plan
for a development in the eastern portion of the County. Commissioner Snook remarked
that the request had been made to Superintendent of Schools Betty Morgan.
Dan Moeller of Rohrersville requested that County
evacuation plans be posted to the website.
James Devine of Hagerstown commented on regulatory
issues affecting housing, and requested the County make English the official
language
OTHER BUSINESS
County Administrator's Comments: County Administrator Rod Shoop reminded
the Board that the Commissioners meeting next week is the last for the month.
The Commissioners have a vacation week on the 27th and a holiday week on
July 4th.
OPTIONS FOR HOME RULE ADOPTION
Deputy Director
of Public Works, Joe Kroboth, Chair of the Home Rule study committee brought
this report before the Board. This was a continuation of the presentations made
on March 7, 2006 and April 4, 2006. Reference is made to the "The
Task Force on Home Rule - Report to the Board of County Commissioners for Washington
County, MD", dated February 2006. In a memo dated June 8th, Kroboth said
that some confusion regarding the schedule form proposing or passing a resolution
to adopt home rule had taken place. The Task Force recommendation was to Adopt
Charter Home Rule. Charter Home Rule may be initiated by either 20% or 10,000
of the registered voters or may be proposed by the County Commissioners. If
initiation is from the registered voters or by petition, the County Commissioners
must appoint an odd number of members, from 5 to 9, to serve as the Charter
Board. Voters can propose additional members to that board by petition within
60 days and the list would be voted on in the next general election. The Charter
Board would have 18 months to draft the charter document, then present the charter
to the Board of County Commissioners, and publish the document twice within
the following 30-day period. The charter would then be presented to the voters
for adoption or rejection. Discussion centered on the cost of holding a special
election, $85,000, versus having the referendum coincide with a general
election. There is not sufficient time to appoint a Charter Board, go through
the necessary documentation, advertisement and public meetings, and have Home
Rule appear on the 2006 ballot. Appointment of Charter Board members would take
place between August 19th and October 19th in order for the issue to go through
the entire process and appear on the 2008 General Election ballot. The Commissioners
reached consensus to go forward with the timeline, citing the need to allow
voters to choose the form of government the County is to follow.
THE BOARD ATTENDED THE ANNUAL YOUTH MERITORIOUS AWARD RECIPIENTS LUNCHEON SPONSORED BY THE COMMUNITY PARTNERSHIP, AT CHRIST REFORMED CHURCH, AT THE NOON HOUR.
PUBLIC SAFETY RADIO COMMUNICATION REPORT
Public Works
Director Gary Rohrer and David McCobin, P.E., of L. Robert Kimball & Associates,
Inc., consultants brought this report before the Board. The report focused on results
from the negotiating team for the Public Safety Radio Communications system
following several months of meetings with the preferred vendor. The Public Safety
Radio Communications Steering Committee participated in this process. The
preferred vendor for the project submitted an extensive and detailed Contract
package, consisting of three primary documents, to the satisfaction of the County’s
negotiating team. The package was the culmination of more than four months
of intense and very detailed discussions between the two sides, Rohrer said. The
conditional acceptance of this package is also a benchmark for the County’s
Public Safety Radio Communications Steering Committee, representing thousands
of hours of work, spanning 5 years, in order to replace a 30+ year-old system
with a state-of-the-art public safety radio communications system. On January
31st, the Board of County Commissioners accepted the Steering Committee’s
recommendation to approve Motorola, Inc. as the preferred vendor for the project
based on superior performance and technical response to the County’s detailed
Request For Proposal. Rohrer said the company made excellent presentations before
the Steering Committee on more than one occasion, the comprehensive technical
summary and the recommendation by the County’s radio communications consultant. McCobin
gave a basic overview of the system as it is set forth in the “Statement
of Work and Equipment List” submitted by Motorola. Rohrer presented
a synopsis of the contract package, including a detailed financial summary
of revenues and expenditures for the project, and an overview of a draft Memorandum
of Understanding (MOU) developed by the County in cooperation with key personnel
within various Maryland agencies that will be partnering with the County for
cost-sharing on the construction and maintenance of primary infrastructure.
The original proposal submitted by Motorola, plus five primary options, stood
at more than $26 million in July 2005. The proposal conditionally accepted
by the negotiating team is $19,348,225. By partnering with state agencies,
the County expects to expend about $1,075,600 (or 38%) toward infrastructure
costs vs. the state share of approximately $1,753,100 (or 62%), Rohrer said.
The presentation was originally intended for information only, but due to
schedules of two of the Commissioners, a motion was made to award the contract
to Motorola, contingent on reaching a Communication Service Agreement with
that company. The measure was approved by unanimous vote.
RESH ROAD LANDFILL CLOSURE
Deputy Director
of Public Works Joe Kroboth, and Chief Engineer Terry McGee,
Brought this recommendation before the Board regarding Resh
Road Landfill Closure Phase I, Closure Cap Construction,. The request is to
conditionally award the contract, subject to Maryland Department of the Environment
concurrence, to the lowest, responsible, responsive bidder, Pavex, Inc. of
Camp Hill, PA, for the total bid amount of $3,787,256.15. In accordance with
state and federal regulations, the County is required to cap the closed Resh
Road Landfill. The project has been broken down into two distinct phases. The
subject contract is for Phase I and consists of the north or N Cells located
on the north side of Resh Road. The area to be capped consists of approximately
24 acres. The project includes the placing of a geosynthetic and soil
cap over approximately 24 acres of former landfill cells; modification of
an existing stormwater management pond; installation of a landfill gas flaring
system; and upgrades of various drainage systems and structures. The
recommendation, to approve the measure contingent on Maryland Department of
the Environment concurrence was approved by unanimous vote.
SOLE SOURCE PROCUREMENT: COMPREHENSIVE TEEN PREGNANCY PROGRAM
County Purchasing
Agent Karen Luther, Stephanie Stone, Director of the Washington County Community
Partnership (WCCP), brought this request before the Board, to approve a Sole
Source Procurement Award for Comprehensive Teen Pregnancy Prevention Strategies
in Washington County, Maryland The award would be made to the Washington
County Health Department in the amount of $108,897.00 for public awareness
and resource development services in conjunction with recommendations from
the Teen Pregnancy Prevention Task Force. The purpose of the service is to
fulfill the requirements contained in the WCCP’s Summary of Concept Ideas for the use of carry
forward funds and to be entered into by and between the Board of County Commissioners
of Washington County, Maryland, and the State of Maryland acting through the
Governor’s Office for Children (GOC) which, in turn, are acting through
the Washington County Community Partnership for Children & Families (WCCP).
A Request for Proposal (RFP) for these services was previously processed in
2005. One non-responsive proposal was received. After consultation with
the WCCP Board, staff reissued the RFP for the services outlined. A second
Request for Proposal (RFP) was processed in 2006. Two Qualifications and Experience/Technical
Proposals were received and one was considered non-responsive. The other
provider’s Q&E/Technical Proposal was considered responsive and its
Price Proposal was opened. That Price Proposal was considered non-responsive
due to the disproportionate allocation of funding to activities not clearly
related to the public awareness campaign. These activities included
a youth retreat and participation incentives. By state law this request requires
the approval of four of the five Commissioners in order to proceed with a
sole source procurement. The total funding allocated was $108,897.00
in carry-forward funds which originated from the Washington County Community
Partnership for Children & Families’ 5-year Full Community Partnership
Agreement with the Governor’s Office for Children. No county funds
are requested. Commissioners' President Greg Snook asked that the Task Force
and WCCP not lose sight of their funds set aside for Teen Pregnancy programs
in the FY 2007 budget. The measure was approved by unanimous vote.
ADDENDUM
EMERGENCY SERVICES AGREEMENTS
In the regular
meeting of the Washington County Board of County Commissioners on Tuesday
June 13th, John Latimer, Director of the Division of Fire and Emergency
Services (DFES), brought three Memoranda of Understanding (MOU) to the Board
for approval.
Following
discussion in closed session, the Board reconvened in open session and took
actions on the items. An MOU with the Maryland Department of the Environment
was needed in order to accept $8,000 toward the purchase of a 2007 Ford Expedition
for DFES. The measure was approved by the Commissioners at an earlier
meeting.
An MOU with
the Washington County Health System (WCHS) was needed to accept a Health
Resources and Services Agency Grant for $75,000 for a stake body vehicle,
and mass casualty supplies to improve the County’s preparedness for mass
casualty incidents. The Hospital applies for the grants each year to assist
local agencies. The MOU was approved by unanimous vote.
A third MOU
with the Washington County Hospital was needed in order to accept additional
radio equipment purchased by WCHS under the same grant for use with the inter-hospital
digital radio communications system. The MOU was approved by unanimous vote.