HomeMy WebLinkAbout080722
July 22, 2008
Hagerstown, Maryland
The Commissioners visited the Recreation Commission’s
Summer Day Camp program at Marty Snook Park at 12:00 p.m.,
and were guests for lunch with the campers.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 1:45
p.m. by President John F. Barr with the following members
present: Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell. (Commissioner Baker was
absent.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by
Kercheval, to convene in closed session at 1:47 p.m. to
consult with counsel to obtain legal advice, in accordance
with Section 10-508 of the State Government Article of the
Annotated Code of Maryland. Unanimously approved.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Wivell, seconded by Kercheval,
to reconvene in open session at 2:20 p.m. Unanimously
approved.
In closed session, the Commissioners consulted with counsel
to obtain legal advice. Present during closed session were
Commissioners John F. Barr, Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell. Also present at various
times were Gregory Murray, County Administrator; John
Martirano, County Attorney; Kirk C. Downey, Assistant
County Attorney; Andrew Wilkinson, Assistant County
Attorney; and Joni Bittner, County Clerk.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – NATURAL GAS SUPPLY
SERVICES
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve the Resolution (Resolution No. RS-08-011)
authorizing the purchase of natural gas supply services
from Washington Gas Energy Services, Inc. at a fixed price
for the term July 1, 2008 to July 31, 2008 (1 month) of
$1.4460/therm ($14.460/Dth) to the “Delivery Point” and a
fixed price for August 1, 2009 to June 30, 2009 of
$1.299/therm to the “Delivery Point” through the contract
between the Howard County Public School System and
Washington Gas Energy Services, Inc. in accordance with the
terms and conditions of that contract resolution pursuant
to Section 1-106.3 of the Code of Public Local Laws of
Washington County, Maryland. The term of the contract
would be August 1, 2008 through June 30, 2009. Unanimously
approved.
ACCEPTANCE OF BISHOP LANE DEDICATION
Andrew Wilkinson, Assistant County Attorney, informed the
Commissioners that the Town of Smithsburg wishes to annex a
portion of Bishop Lane into the Town and the Town has been
providing maintenance for some time for the roadway even
though it is privately owned. The owner has previously
offered the property to the County for dedication, and the
Town has now requested that the County formally accept the
dedication. The Town would then annex the property and the
County would then transfer title to the property to the
Town by deed. Mr. Wilkinson stated that the Town has
agreed to enter into a Maintenance & Responsibility
Agreement for the property until it is annexed and title is
transferred.
Motion made by Commissioner Wivell, seconded by Aleshire,
to accept the dedication of Bishop Lane and associated
lands as outlined on the Boundary Line Survey of Frederick,
Seibert & Associates dated November 28, 2007, and to
approve the Maintenance & Responsibility Agreement between
the County and the Town of Smithsburg. Unanimously
approved.
DISCUSSION OF URBAN AREA REZONING ISSUES
Stephen Goodrich, Chief Planner-Comprehensive Planning, and
Michael Thompson, Director of Planning and Community
Development, appeared before the Commissioners regarding
the Urban Area Rezoning. Mr. Goodrich informed the
Commissioners that the initial draft of the zoning proposal
for the Urban Growth Area is under review by the Urban
Growth Area Task Force. He stated that several issues
continue to emerge in preparing the plan. The issues
include Transferable Development Rights, the Office,
Research and Technology (ORT) zoning district, and a recent
proposal to
JULY 22, 2008
PAGE TWO
significantly limit the amount of commercial development in
the Highway Interchange district and specific interchange
development proposals. Mr. Goodrich indicated that he
would like to discuss any concerns at this time to avoid
delay of the process to adopt the new urban area rezoning.
He reminded the Commissioners that the Planning staff is
also working on the update to the Comprehensive Plan, which
is required every six years, and noted both hearings may be
held simultaneously to avoid confusion to the general
public. The meeting was opened for comment.
Commissioner Kercheval stated that he feels that more
zoning classifications, rather than less, should be
considered and that they should be more specific in the
uses allowed. Mr. Goodrich indicated that Staff is not
proposing to change the Urban Growth Area (UGA) boundary at
this time unless there are obvious areas that need to be
amended. Also discussed was the impact of water and sewer
constraints and how they would be reflected in the document
as well as the Planning staff’s philosophy on the issue.
Greg Murray, County Administrator, emphasized the need to
integrate the requirements of House Bill 1141 regarding
sewer limitations and build a sustainable plan to allow the
Comprehensive Plan to effectuate the zoning changes. Mr.
Murray stated that Staff should meet with the Maryland
Department of the Environment regarding nutrient loading.
Commissioner Kercheval also stated that transportation
issues should be addressed to help relieve traffic
congestion in certain areas. Richard Phoebus, Chair of the
Urban Growth Area Task Force, informed the Commissioners
that the Task Force reviewed the TDR issue and will have a
recommendation in its report. He stated that the group
will be recommending the adoption of TDRs but that the
“devil is in the details.” Kathy Maher, Director of the
Hagerstown Planning Department, indicated that the City
would have concerns if the plan used TDRs to increase
density, due to limited sewer capacity.
Mr. Goodrich outlined the process that will used and the
proposed timeline for the public hearings and adoption.
RECESS
The Commissioners recessed at 3:52 p.m.
EVENING SESSION – TOWN OF BOONSBORO
The evening session of the regular meeting of the Board of
County Commissioners of Washington County, Maryland was
called to order at 7:00 p.m. by President John F. Barr with
the following members present: Commissioners Kristin B.
Aleshire, James F. Kercheval and William J. Wivell.
(Commissioner Baker was absent from the meeting.)
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 – JULY 15, 2008
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of July 15, 2008.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell informed the Commissioners that he
contacted Mary Baykan, Director of the Washington County
Free Library, to request copies of pertinent studies on
recycling that the County could utilize.
Commissioner Aleshire stated that the Historic District
Commission sent a letter to the FAA requesting that it move
forward with Section 106 to either rehabilitate the
Brumbaugh/Kendle/Grove farmhouse or market the property for
preservation or removal. He indicated that he would like
an update on the radio communications system project and
information regarding when the public information meeting
might be scheduled in order to respond to interested
individuals. Commissioner Aleshire informed the
Commissioners that several residents of the Broadfording
Road area called him to thank the County for the second
tar/chip application on the roadway. He stated that he and
Commissioner Barr attended a forum sponsored by Congressman
Bartlett regarding environmental issues and ways to “go
green.” Commissioner Aleshire suggested that the
Commissioners
JULY 22, 2008
PAGE THREE
devote a session to options available for a countywide
approach and a review of new items available in the
industry.
Commissioner Kercheval informed the Commissioners that he
was contacted to see if the Commissioners would like a
presentation on waste-to-energy. He reported that the
museum proposed in the Pen Mar area was not intending to
use County funds. Commissioner Kercheval stated that he
attended Ag Expo. He asked for follow-up information
regarding contracting with a private entity to perform
grass-cutting services on homes which have been abandoned
due to foreclosure and are cited under the County’s
ordinance. Greg Murray, County Administrator, stated that
the County has initiated the process to contract for these
services. Commissioner Kercheval thanked the Town of
Boonsboro for hosting the meeting.
Commissioner Barr stated that Washington County hosted 40
individuals from the 2008 Leadership Maryland class for a
reception at the Hagerstown Regional Airport last week. He
indicated that he attended the Center for Business &
Training Board meeting. Commissioner Barr reported on the
forum sponsored by Congressman Bartlett. He stated that he
attended the cake auction at the Ag Expo and participated
in the “Bone to Be Wild” fundraiser for the Washington
County Humane Society.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, provided information on
the Leadership Maryland reception. He stated that a
meeting has been scheduled with the Southeast Waste
Authority to tour facilities in Montgomery and Howard
Counties to review the data they have available on green
initiatives. Mr. Murray informed those in attendance that
equipment has been installed to allow video streaming of
the County Commissioners’ meetings and that the system is
currently being tested.
REPORTS FROM COUNTY STAFF
Sheriff Mullendore informed the Commissioners that the
radio communications committee is trying to schedule a
meeting with the National Park Service representatives to
continue dialogue. He stated that the committee has
provided the additional information they requested.
Sheriff Mullendore indicated that the Committee is also
looking at another site for the tower that may be viable.
He informed the Commissioners that he would be meeting with
personnel from the Hagerstown Regional Airport to discuss
security.
CITIZENS’ PARTICIPATION
Jeannine Solburg, representing the Boonsboro Recycling Task
Force, informed the Commissioners that sites for recycling
bins have been established in the Town. Ms. Solburg stated
that another goal of the Task Force is to initiate a
curbside recycling program. She provided survey results
from the Town showing that 86% of those surveyed indicated
that they would like curbside recycling even if it meant a
reasonable increase in fees. Ms. Solburg informed the
Commissioners that the Mayor and Council are not interested
in funding a Request for Proposal for such a program and
asked if the County would provide funding to initiate a
pilot program in the Town.
Kathy Vesley informed the Commissioners that a recycling
program has been started at Boonsboro High School and
stated that she believes the school system could be doing
more in this regard.
TOWN OF BOONSBORO ISSUES
The Commissioners discussed several items of concern to the
Boonsboro Mayor and Council.
Richard Hawkins, member of the Boonsboro Town Council,
informed the Commissioners of the dramatic increase in
usage since the new Boonsboro branch of the library was
opened. He asked the Commissioners to consider installing
concrete car stops for the spaces in the parking area of
the library facing the stormwater management pond.
JULY 22, 2008
PAGE FOUR
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve up to $1,200 from the Commissioners’
Contingency for the purchase of 17 concrete parking stops
for the parking lot at the Boonsboro Branch Library.
Unanimously approved.
Councilman Hawkins also spoke of the need for lighted
signage at the library so that those traveling on the Route
34 can better identify the facility. Commissioner
Kercheval suggested that the Library Board review the
request and develop a design and price proposal for the
Commissioners’ consideration.
Councilman Hawkins provided an update on Phase I of the
park project. He stated that Phase I included a multi-
purpose field and restrooms at a cost of $1.5 million.
Councilman Hawkins stated that the Town may request
assistance with subsequent phases of the park through a
low-interest loan from the County.
Frank Nuise, member of the Town Council, expressed some
concerns that the Town is experiencing with the permitting
process regarding the rehabilitation of older homes. Dan
DiVito, Director of Permits and Inspections, addressed his
concerns and reviewed the process and appropriate codes.
He encouraged the Town Planner to contact him if any
difficulties are encountered in resolving the issues.
Barbara Wetzel, member of the Town Council, asked the
Commissioners to provide additional information on the
feasibility study on recycling issues that the County
recently put out for bids. She asked that the County
consider funding a pilot curbside recycling program in the
Town of Boonsboro. The Commissioners provided information
on the Request for Proposal for the study and indicated
that it was expanded to include a sorting facility, waste-
to-energy, recycling, and other alternatives.
Mayor Skip Kauffman thanked the County for their efforts
and the help they provided during the fire that occurred in
Boonsboro on February 22. He reviewed several on-going
projects in the Town and also cited the need for public
transportation.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell,
to adjourn at 8:50 p.m. Unanimously approved.
____________________________
County Administrator
____________________________
County Attorney
________________________
County Clerk