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
November 21, 2006
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner
Bill Wivell reported that the PenMar Development Commission meeting on Monday
discussed current progress of redevelopment, including demolition of buildings,
at the Former Fort Ritchie military facility. The Theater and former Bowling
Alley, as well as some WWII buildings have been demolished, Wivell said. Some
of the rubble is being sent to the 40-West Landfill, and some is being sent
elsewhere. In addition, a Museum committee is looking at locating a museum on
the site. The redevelopment plan calls for historic documents to be preserved.
An additional committee, the PMDC Renaissance Committee, is looking at how funds
from the sale of the property and other assets will be spent.
Commissioner Jim
Kercheval reported on last week's meeting of the Local Management Board
that took place in Hancock. Mayor Daniel Murphy met with that Board and discussed
issues of importance involving children and families in Hancock. In its recent
meeting. the Black Rock Golf Course Board heard that revenues for the year are
up. New advertisements feature winter rates at the course, which go into effect
on December 1st. The Commissioner presented a proclamation to the 50th Anniversary
of Big Brothers/Big Sisters of Washington County. County staffer Bill Stachoviak
was honored as Big Brother of the Year, Kercheval said.
Commissioner
John Munson said the new Commissioners should seriously consider looking into
the landfill incinerator in Florida that burns waste at high temperatures, and
can be used to generate electricity.
Commissioner
Dori Nipps reported on last week's Airport Commission meeting. The traffic switchover
at Route 11 is scheduled for this week, Nipps said. The current phase of the
runway improvement project is on time and on budget. Construction on Ryder Jet's
new hangar is underway, Nipps reported.
Commissioners'
President Greg Snook told the Board that his final meeting with the Maryland
Association of Counties (MACo) will take place next week, and that the new Board
will have to make nominations to the Legislative Committee. Additional funding
for fencing and pool renovations at Marty Snook Park has been received from
Program Open Space. Restrooms at Wheaton Park in Hagerstown and improvements
to playground equipment at Smithsburg Park were also part of that funding package,
Snook said. The Town of Williamsport reduced its homestead tax exemption to
below 5%. State school construction funds will be $33.8 million in the proposed
budget. Washington County would receive about $4.5 million of those funds, Snook
said. The State has provided an additional $1.8 million in Agland Preservation
funds for the Mid-Maryland area. Washington County's share of those monies is not
known. A letter from the State Highway Administration indicates that the Edgewood
Drive/Route 40 intersection will go out for bids in December 2007, with a projected
construction start in the Spring of 2008, Snook reported.
DISTINGUISHED BUDGET PRESENTATION AWARD
Commissioner's
President Greg Snook recognized the Budget and Finance Department for outstanding
effort in budget preparations that enabled Department Director Debra Murray
to receive the Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award for FY 2007. The award is the highest form of
recognition in governmental budgeting and represents a significant achievement
by the County, GFOA said.
INFORMATION TECHNOLOGIES MANAGEMENT POLICY MANUAL
Information
Technologies Department Director Ron Whitt requested that the Board Adopt
the Information Technologies Management (ITM) Policy Manual.
The proposed ITM Policy manual contains one general management policy with
ten subordinate specific topic policies and two IT developed forms. These
policies are guiding documents that establish responsibilities for individuals
in the adoption, installation, management, and use of technology in Washington
County Government by promoting active partnerships between IT and their customers,
by addressing security related issues, and by raising employee awareness. The
ITM Policy Manual effectively replaces policies P-7 Software Compliance and
PR-20 Internet Use, which were adopted on September 23, 1997. The proposed
policies were developed over a two year period and written with input from
the County Administrator, Division Directors, Department Heads, and from the
County’s Auditor, Smith Elliot Kearns & Company, LLC. Additionally,
the proposed policies incorporate information technology “best practices” and
excerpts from other pertinent reference resources. The Manual consists of
four sections: General Provisions, General Management Guidelines, Roles
and Responsibilities, and Specific Management Policies. The specific
management policies address such topics as data, hardware, software, and telecommunications
management; systems and electronic communications use; access control; network
and system security; documentation and equipment information; and the Information
Technology Steering Committee. Whitt said the ITM Policy Manual will be reviewed
annually and revised as necessary, as directed by the IT Director. Revisions
will then be submitted to the Information Technology Steering Committee for
their review and comment and subsequently to the Board of County Commissioners
for their approval. The policies were approved by unanimous vote.
BID AWARDS: INDUSTRIAL EQUIPMENT
The Commissioners
first discussed this item on November 14, 2006. County Buyer Rick Curry, and
Highway Department Fleet Manager Jack Reynard, brought bids for heavy
equipment before the Board for approval. The group asked the Board to award
the bids to the responsive, responsible sole bidder with the lowest bid, contingent
on approval of the final Lease Agreements by the County Attorney, and to waive
the requirement for providing performance bonds. Staff was asked to provide
additional information relative to the bid process for leases and cost
of lease versus straight purchase. Equipment to be leased included 6 Rubber-Tire
Backhoe-Loaders at an annual lease payment of $59,424.00 for 5 years, 6 Rubber-tire
Wheel loaders at $73,564.00 per year for 5 years and One Grader for an annual
lease cost of $36,630 per year for 5 years, for the Highways Department. The
Department of Water Quality requested 1 Rubber Tire Backhoe-Loader for an annual
lease payment of $8,025.00. Buildings, Grounds and Parks requested one Rubber
Tire Backhoe-Loader with an annual lease payment of $10,844 for 5 years.
All equipment would be supplied by the single bidder, Standard Equipment of
Frederick, Maryland.The County initiated the Lease/Purchase program for equipment
in 1996. The County’s replacement guidelines for loaders, backhoes, etc.
recommends a 5-year cycle.
Commissioners' President Greg Snook recommended the bid process contain options
for extended lease periods of 7 and 10 years. The measures were approved by
a 3-2 vote with Commissioners Wivell and Munson voting "no".
CAPITAL IMPROVEMENT PROGRAM: HAGERSTOWN COMMUNITY COLLEGE
Hagerstown
Community College (HCC) President Dr. Guy Altieri, Merle Elliott and Anna Barker
brought this request before the Board, The College is requesting that the County
allocate an additional $988,902 to cover a shortfall in the construction costs
and needed equipment related to the Career Programs Building renovation. Altieri
told the Board that the College received four bids in September and of the four
bids, one contractor only bid for the loop road portion of the project. The
remaining contractors bid on the loop road and the actual construction. The
bids that were received were approximately $2.5 million over allocated funding.
HCC’s architects and staff interviewed all of the contractors to try and
identify what drove the cost up and to determine ways to reduce the shortfall. They
found that regarding the Loop Road, the Labor and Industry Wage Rates that were
issued by the State were higher than the local contractors are accustomed to
working with. All three of the contractors that bid on the Building Renovation portion
of the project indicated that there was little participation by subcontractors. Several
contractors stated that they did not receive aluminum storefront bids; and received
only one mechanical bid; two brick bids; one steel bid; and one precast concrete
bid. The single mechanical bid that was received, $5 million, was
approximately twice as much as originally estimated. In rebidding, the
loop road was removed from the overall project because the single contractor
that bid was the low bidder. The remaining three contractors submitted
new bids on October 19. The shortfall was reduced to $563,075. The College has
recently learned that it will need additional funds to equip the renovated facility.
Most of this is medical training equipment to support the College’s nursing
programs and other allied health curricula. State and County funds are
allocated in FY '08, but recent estimates indicate that these allocations will
fall short by $425,827 of the total required to equip the building, about $3
million. With this additional request the County’s total share to
equip the building would be about $644,000, with the HCC Foundation raising
$1,000,000 from private sources, and the remainder coming from State and HCC
equipment funds and grants. The College's request is for 563,075 additional
construction funds and an additional $425,827 in instructional equipment dollars,
totaling $988, 902. Shifting of other renovation projects would need to happen
in order for the funds to be moved into the current budget. A recommendation
to move some HCC projects out one year, to make $998,000 in funds available
for the construction was approved by unanimous vote.
CONTRACT AWARD: PHASE II CLOSURE CAP DESIGN-RESH ROAD LANDFILL
Karen Luther
and Rob Slocum, Deputy Chief Engineer brought this request,
to award the contract for the subject services to the responsive,
responsible firm with the lowest Total Lump Sum Fee, to the Board. The low bidder
is URS Corporation of Cleveland, Ohio in the amount of $312,500.00. The contract
would retain the services of an engineering firm to design and prepare construction
plans for Phase II of the Resh Road Landfill Closure Cap. Phase-II is
located entirely to the south of Resh Road. Phase-II consists of capping
5 cells or approximately 63 acres of landfill area. Cells 1,2,3 and 5
each have compacted clay liners whereas Cell 4 has a synthetic liner system. Cell
1 marked the opening of the Resh Road landfill in 1982. Cell 4 was the
last cell to close in the Phase-II portion of the landfill in March of 1995;
then opened again for 6 months in May of 1998. If approved, the Anticipated
Notice to Proceed for Design would be December 1st, with Design Complete
by June of 2007, Notice to Proceed for Construction could be September
of 2007 with Construction completed by September, 2009. Closure of landfill
cells are mandated by the United States Environmental Protection Agency and
enforced by the Maryland Department of the Environment (MDE). The Commissioners
entered into a landfill closure agreement with MDE and committed for completion
by December 31, 2009. The schedule for design completion is critical to
meet the construction closure date agreed to with the MDE. Failure to
meet the completion date could result in a consent order and penalties. The
measure was approved by unanimous vote.
RESH ROAD LANDFILL CLOSURE: N-CELLS CLOSURE CAP CONSTRUCTION
Public Works
Deputy Director Joe Kroboth and Chief Engineer Terry McGee brought this issue
before the Board, requesting approval of Change Order No. 1 for the project
and approve the appropriate budget transfer to address possible forthcoming
cost overruns. The Commissioners awarded the contract for this project to Pavex,
Inc. on June 13th, 2006 and construction began on August 21, 2006. Although
the contract allowed for a contract time of 435 calendar days, Pavex, Inc. proposed
a 140 calendar day schedule intending to be complete before winter weather would
shut down the project. A number of problems critical to successful completion
of the project, including drainage, were discovered during the course of the
work. Significant materials quantity overruns are anticipated and were
discussed. In accordance with state and federal regulations, the County is required
to cap the closed Resh Road Landfill. The subject contract is for Phase
I and consists of the north or N Cells located on the north side of Resh Road,
approximately 24 acres. A drainage situation in one area was not known in advance
and was not addressed by the construction plans for the project. To assure
good cap performance and as required by the Soil Conservation District, the
County requested that Pavex correct the situation and provide a cost proposal
as a the problem lay was outside the scope of work for the project as bid. Their
Not-To-Exceed cost proposal totals $36,077. Actual final cost would be determined
once the final field measurements are made for Borrow, Turf Reinforcement and
Seeding items. In order to avoid a cost increase and not adversely affect
the progress of the liner installation, verbal approval for the change order
was given on Friday, October 13th, 2006 and the work proceeded. This is a budgeted
CIP project using a low interest loan through the Maryland Water Quality Finance
Administration, under the Maryland Department of the Environment (MDE), for
construction, engineering, and administration. The construction component
of the loan is $3,787,256.15 plus a 10% contingency. Through preliminary
discussions with MDE, an additional $272,889 may be available for construction
contingency. This would bring the total construction contingency under
the loan to $651,619. The current MDE Loan contingency is adequate to
cover Change Order No. 1 for $36,077.90. As a worst case, there could be $881,713
total overrun less the $378,730 current 10% contingency in the MDE Loan and
less $272,889 in additional contingency considered available in MDE Loan funds.
The remaining $230,094 projected shortfall would be covered by the requested
budget transfer of $235,000. 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.
Chamber of
Commerce Board Chair Brad Pingrey and Tom Newcomer of the Greater Hagerstown
Committee appeared to request additional funding for a lobbyist to assist several
County agencies and governments with appropriations from the General Assembly.
The request was for $10,000 for the coming session. Commissioner Dori Nipps
suggested $7,500.00, and the motion was approved on a 3-2 vote with Commissioners
Wivell and Munson voting "no".
OTHER BUSINESS
County Attorney
Issues: County Attorney John Martirano brought this request, to amend the resolution
authorizing $5,000,000 Economic Development Revenue Bonds for the Conservit,
Inc. Project to the Board. In August the County Commissioners authorized issuance
of economic development revenue bonds in an amount not to exceed $5,000,000
pursuant to the Annotated Code of Maryland. The proceeds of the Bonds will be
loaned to Conservit, Inc., to finance the acquisition, design, construction
and installation of necessary and useful buildings, improvements, equipment,
machinery, furnishings and fixtures to be installed at the Borrower's existing
facility located at 18656 Leslie Drive, Hagerstown, Section 9 of the First Resolution
provided that if the financing transaction did not occur by December 31, 2006,
the County's authorization under the First Resolution would terminate unless
otherwise extended by resolution of the County. Conservit, Inc. has advised
the County that the $10,000,000 capital expenditure limitation applicable to
bonds, such as the above-referenced Bonds, could adversely affect its future
capital plans in Washington County and has, therefore, decided to postpone closing
of the Bonds until early 2007 when a new $20,000,000 capital expenditure limitation
becomes effective. This Amended Resolution extends the County's authorization
from December 31, 2006 until June 30, 2007. The measure was approved by unanimous
vote.
Andrew Wilkinson,
Assistant County Attorney and Joe Kuhna, Real Property Administrator brought
this request regarding ownership of a parcel on Division Avenue
to the Board, recommending the County execute quit-claim
deeds in favor of the neighboring property owners. The Board previously requested County
staff to investigate whether a 50 x 150 lot on Division Avenue and Jefferson
Boulevard is owned by the County such that the County could sell the parcel. The
County Attorney, the Real Property Administrator, and Christopher Joliet,
Esq. have concluded that the property is not owned by the County. An
adjoining property owner has requested that the County execute a quit-claim
deed disclaiming any right to or interest in the property. The County
has no legal claim to the property and cannot sell the property as a buildable
lot. Therefore, there is no reason for the County not to accede to the
property owner’s request. The County should execute quit-claim
deeds for both neighboring property owners. The measure was approved by a
4-1 vote with Commissioner Wivell voting "no".
Appointments
to County Boards and Commissions: County Clerk Joni Bittner brought this request,
from the Disabilities Advisory Committee, to appoint Erin Teach of Hagerstown
to a vacancy on the Committee caused by the retirement of Jim Wilhide. Teach
serves as Community Outreach Coordinator of Easter Seals in Hagerstown. Joe
Kuhna was also requested for reappointment to the Committee as Housing representative.
The measures were approved by unanimous vote.
County Administrator’s
Comments: County Administrator Rod Shoop told the Board that the first
of the Length Of Service Awards Program retirement checks will go out to Volunteer
Fire and Rescue Association members soon.
In the FY
2007 budget the "Housekeys for Employees" program was approved, that
would provide up to $5,000 in County match to a similar state program, to assist
County employees purchasing first homes. A request was made on a property outside
Washington County. Consensus of the Board was not to approve use of the program
for properties outside the County.
PROTECTIVE
ORDER ENFORCEMENT GRANT
Sheriff's
Department Major Randy Wilkinson brought this request, to accept a Protective
Order Enforcement Grant in the amount of $15,000. The award was originally made
on October 1st, and the Sheriff's Department will offer $5,000 in in-kind match.
The program is designed to offer local law enforcement agencies the resources
necessary to provide outreach to petitioners of protective orders in the western,
southern and northeastern portions of the County. The grant was accepted by
unanimous vote.
Reports from
County Staff: Public Works Director Gary Rohrer reported that the rubble from
Fort Ritchie demolition is at 330 tons, and that COPT has paid $24,000 in tipping
fees to date. The rubble is mostly wood, Rohrer said. Recycling of some of the
rubble generated there will be investigated. E-recycling took in 37,000 pounds
of electronics in a 6-hour period last Saturday, Rohrer said. Commissioners
President Snook suggested that the program become a regular event, and should
expand to twice each year. The School Design Review Committee is looking into
the amount of rubble that demolition of Pangborn and Maugansville Elementary
Schools will generate, Rohrer said. Progress has been made on the Administration
Building elevator and the project could be complete by November 30th, Rohrer
reported.
SCHOOL MITIGATION PROPOSAL: CLAGETT'S MILL DEVELOPMENT
Planning
Director Mike Thompson and Jason Wiley, Project Manager for Elm Street Development
and Attorney Tom Lynch brought a Request for
Approval of a School Mitigation Proposal under the Adequate Public Facilities
Ordinance for Phase 1 of the Clagett’s Mill Development. The developer
has submitted a mitigation proposal for the entire Clagett’s Mill development,
which was presented to the Board at its meeting on August 29th, 2006. In that
meeting the Board stated it could not support the mitigation plan for the entire
development, but requested the developer prepare a plan for Phase I of the project.
The revised plan for Phase I was submitted and considered in the meeting on
October 10th with no action taken. The Board of Education (BOE) took the position
that the request did not meet the criteria of its mitigation policy. The developer
has been working with the Board of Education and staff on ways to address the
school issue while keeping in mind the other development in the area, particularly
the Westfields Development. On November 9th, the applicant submitted an amendment
to its September proposal to change the phasing of the project. The phasing
plan would now be for 20 building permits in 2007 (down from 37), 50 permits
in 2008 and 17 permits in 2009. The remaining 151 lots would still need to pass
APFO prior to approval of the final plats. The new Westfields Elementary School
is anticipated to serve this development upon its completion. Presently, the
Emma K. Doub and Funkstown Elementary Schools, E. Russell Hicks Middle School,
and South Hagerstown High School serve the area. The mitigation was rejected
by unanimous vote.
SCHOOL MITIGATION PROPOSAL: POWERS ESTATES
Director
of Planning Mike Thompson and Jason Divelbiss, Attorney brought this request
for Approval of a School Mitigation Proposal under the Adequate Public Facilities
Ordinance for Powers Estates. The recommendation from staff was that the Board
of County Commissioners deny the mitigation proposal submitted by the developer
for the development. At the meeting the developer's Attorney submitted an amended
mitigation plan for the entire Powers development, which consists of 118 single-family
dwelling units north of U.S. Route 40 and west of Maryland Route 63 at Huyett's
Crossroads. The proposal would have development occur in four phases, with 25
lots, 40 lots, 28 lots and 25 lots in successive phases. The developer proposed
to extend water and sewer lines to Conococheague Elementary School, and make
payments of $1.5 million up-front. Commissioners President Greg Snook said that
the intent is to provide enough classroom space for children that the development
would bring to the school district, and that a sewer pumping station construction
plan is the key to development in the area moving ahead. Commissioners took
issue with a new plan being presented with no time to review the changes, and
action was tabled for one week.
PLEASANT VIEW HEIGHTS APFO EXCEPTION
Andrew F.
Wilkinson and Jason Divelbiss, Esq. brought this matter before the Board.
County staff recommended denial of the developer’s request to be excepted
from the APFO and, in addition, deny the developer’s school mitigation
proposal because the issue is not ripe for determination. The developer filed
a final plat on February 8, 2005. Agency comments were provided to the
developer within 2 months. To date, the developer’s engineering
consultant has not made the changes and, therefore, the final plat cannot be
approved and APFO issues are not ripe for review. Pleasant View Heights, Section
E, consists of 17 lots. Preliminary plat approval was received on August
4, 2003. The
final plat was filed on February 8, 2005. Comments were returned to the
developer in March and April 2005. The developer died in June 2005. The
developer’s estate is seeking final plat approval with APFO mitigation
if necessary. The Board requested an additional week in order for an adequate
review to take place and action was tabled.
YOUTH MERITORIOUS AWARDS
The Washington County Community Partnership
for Children and Families/Local Management Board brought outstanding middle
and high-school students to the board to be recognized with Youth Meritorious
Awards for September and October, 2006.
The September
High School honoree is Ryan Deal, a Senior at Heritage Academy, the son of
Gerald and Teresa Deal. A Who’s Who American Scholar Award winner. He
is a member of the National Honor Society, as well as a member of the National
Society of High School Scholars. Ryan serves as class treasurer and is a teacher’s
assistant. He has also organized the public relations of Heritage Academy
and has managed their Web site. Ryan served 133 hours of community service
during his sophomore year and 130 hours of community service during his junior
year. He has volunteered as an I.T. Administrator for Heritage Academy. The
award was presented by Commissioner Dori Nipps.
Maura James,
a Senior at Boonsboro High School is the High School honoree for October.
Daughter of . Maurice. and. Rosemary James. Maura is a recipient of the Presidential
Freedom Scholarship for outstanding service to her community. She was nominated
for the U.S. Senatorial Award. She is also a member of the National Honor Society. Maura
serves as the president of the Service Club. She also serves on the Student
Council. Community activities include Antietam National Battlefield Volunteer,
a Church Volunteer at Reeder’s Memorial Nursing Home , working at the
R.E.A.C.H. Cold Weather Shelter, as an Altar Server and a Cantor at
Saint Agnes Parish Church.
The award was presented by Commissioner Dori Nipps.
Ross Reid,
an 8th grade student at Clear Spring Middle School, the son of Ronald
and. Rhonda Reid is the YMA award winner for September. Ross has been
a distinguished honor roll and honor roll student in elementary and middle school.
He received the President’s Education Award for Outstanding Academic Excellence
while at Clear Spring Elementary School. He has participated in Math 24 at Hagerstown
Community College and is a member of the school band and chorus. Ross has served
as a library aide, morning announcement crewmember and orientation guide for
new students. In the community he has participated in
Jump Rope for the Heart Association, in Boy Scouts Pancake Breakfasts, and in
making hygiene packets for the R.E.A.C.H. Cold Weather Shelter. Ross was featured
in a commercial for the Health Department stressing the importance of immunizations,
has collected canned goods for the needy and performed trash and litter community
beautification services. The award was presented by Commissioner Jim Kercheval.
The Middle-School
winner for October is Matthew Blair, also an 8th grade student at Clear Spring
Middle School. The son of Donald and Patricia Blair, Matthew has been a distinguished
honor roll student. In his school career, he has received awards for SRI Achievement,
National Fitness, The Stock Market Game, Social Studies, Science S.T.A.R.S.,
Language Arts and Math. He is a member of the All County Honor Band, school
band and school jazz band and has been a member of the Destination Imagination
program. He serves as co-captain of the Clear Spring Soccer Club, is assistant
patrol leader in his Boy Scout Troop, an officer of Saint John’s youth
group, and organized a study group at Saint John’s and has served
as a tutor. Community activities include participation in Saint Jude in the
Children’s Hospital Math-A-Thon, n the Jump Rope for the American Heart
Association, as a member of the Williamsport Community Band, a walker in
the Crop Walk, has wrapped presents at the Valley Mall for the American Red
Cross, made and delivered meals for the R.E.A.C.H. Cold Weather Shelter and
participated in the Heifer Project at his church. The award was presented by
Commissioner Greg Snook.
WASHINGTON COUNTY SPAY NEUTER ASSISTANCE FUND
Humane Society
of Washington County Director Paul Miller brought a request that the Washington
County Spay Neuter Assistance Fund (S.N.A.P.) be increased to $72,000 per year.
Miller told the Board that the current annual funding for Fiscal
Year 2007, $18,000.00, was used in the first quarter of the FY. Miller
said that a study by Humane Society staff indicated that 5 years ago, 75% of
stray cats picked up by animal control had not been spayed or neutered, and
that recent number indicate only 25% of strays have not been altered. Miller
requested $54,000 to continue the program through the Fiscal Year. Up to 6 animals
per household were eligible for the assistance program. The Board struck a compromise,
offering $20,000 from the Commissioners' contingency fund and limiting the number
of pets eligible for the program to two per household.
REQUEST FOR EXCISE TAX EXEMPTION: AC&T
Assistant
County Attorney Andrew Wilkinson brought this request, by AC&T, Inc. before
the Board. The company wants to build a new free-standing building on its property
on Hopewell Road. Excise tax on the construction would be $30,000. The company
is requesting a waiver of the Excise Tax. The Board considered this request
on October 31st and requested an opinion from the County Attorney. That
opinion is that there is no relationship between the Maryland Code pertaining
to Enterprise Zones (EZ) and the County's Excise Tax. The company had claimed
it should be given the waiver because its original business was built in an
EZ that expired. State law continues to provide exemptions for ten years in
some cases. The County Excise tax offers a waiver if a company locates within
an enterprise zone, but does not contain language addressing an EZ that has
terminated. The company could qualify for a real property tax break if its construction
was finished prior to December 14th, 2006. The Attorney's office found that
the Commissioners are not required to extend the intent of the state code to
the County Excise Tax Ordinance and that the two provisions have n o relationship
to each other. Discussion centered on the intent of the law, to allow businesses
to expand, versus language in the law that required additions to be connected
to existing structures. Commissioner's Vice-President Wivell stated he would
have to abstain from a vote on the issue. Commissioners' President Snook turned
the Chair over to Wivell. A motion to defer payment of the excise tax on the
property for 6 months until a final determination could be made was approved
on a 3-1 vote with Commissioner Munson voting "no". The Chair was
returned to Commissioner Snook following the vote.
BID AWARD: PACKAGE 4 OF AIRPORT RUNWAY 9-27
County Purchasing
Agent Karen Luther, Hagerstown Regional Airport (HGR) Manager Carolyn Motz and
Mahesh Kukata of Airport Design Consultants, Inc. (ADCI) brought this request,
to accept the bid for Package 4 of the Runway 9-27 improvement project to L.W.
Wolfe Enterprises of Myersville, Maryland in the amount of $8,284,459.78, contingent
on FAA approval. Two bidders responded, with Wolfe being the low bidder by over
$1 million. There is approximately $9.8 million remaining in the project budget,
part of the $61 million project to lengthen that runway and reroute U.S. Route
11. Kukata told the Board that 80% of the U.S. 11 bridge work has been completed,
and that extended weekend closures of the airport will allow for the paving
work to take place. The phase will begin in the spring. The measure was approved
by a 4-1 vote with Commissioner Wivell voting "no".
CAPITAL IMPROVEMENTS BUDGET TRANSFER: AIRPORT RUNWAY PROJECT
Airport Manager
Carolyn Motz and Mahesh Kukata of ADCI requested a budget transfer of $37,500
from the Taxiway A/G Modification budget to the Runway 9-27 Extension budget
to act as match for additional discretionary funding from the Federal Aviation
Administration in the amount of $1.5 million. The measure was approved by unanimous
vote.
MAUGANS AVENUE RIGHT-OF-WAY PURCHASES
Real Property
Administrator Joe Kuhna brought a request to purchase 5 Rights-of-Way (ROW)
fee simple, easements and temporary easements at 18403, 18501, 18424, 18515,
and 18418 Maugans Avenue from Maugans Avenue Development, LLC in the total amount
of $353,194.00. Kuhna told the Board that several ROW remain to be purchased
for the Road realignment project. The measures were approved by unanimous vote.