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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