HomeMy WebLinkAbout081014
October 14, 2008
Hagerstown, Maryland
At 9:00 a.m. the Commissioners attended the dedication
ceremony and tour of the new Maugansville Elementary
School.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 10:30
a.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.
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 – OCTOBER 7, 2008
Motion made by Commissioner Wivell, seconded by Aleshire,
to approve the minutes of October 7, 2008. Motion carried
with Commissioners Wivell, Aleshire, Baker and Barr voting
“AYE” and Commissioner Kercheval “ABSTAINING.”
CITIZENS’ PARTICIPATION
There was no one present who wished to comment.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the National Association
of Development Organizations conference. He stated that
the Emergency Services Council meeting was postponed due to
the lack of a quorum. Commissioner Kercheval stated that
he attended the ceremony honoring Coach Carroll Reid at
Smithsburg High School and congratulated the school on an
enriching event. He asked that the Election Board provide
the Commissioners with information regarding the estimated
cost of implementing new early voting procedures if the
constitutional amendment is passed next month.
Commissioner Baker echoed comments made regarding the
ceremony honoring Coach Reid. He congratulated the coach
on his years of service and wished him the best of luck in
retirement. Commissioner Baker reminded the Commissioners
of the workshop on urban growth that is scheduled on
October 20.
Commissioner Aleshire stated that he attended the ceremony
held in honor of Coach Reid and noted the impact that he
had on youth in the area. He reported on the Economic
Development Commission meeting. Commissioner Aleshire
stated that the Washington County Public Schools’ staff
forwarded information to the Commissioners regarding
Garrett County’s existing scholarship policy for Garrett
County residents. Greg Murray, County Administrator, stated
that a cost analysis had been done on that proposal and
that he would forward the information to the Commissioners.
Commissioner Wivell stated that he also attended the
ceremony for Coach Reid and recognized the positive impact
he had on the student body. He thanked those who organized
the event. Commissioner Wivell stated that he would like
the Advisory School Design Review Committee to review the
specifics of the three new elementary school projects to
determine the best approach to take on future projects.
Commissioner Barr reported on meetings of the Metropolitan
Planning Organization, the Agricultural Education Center
Board and Friends of the Rural Heritage Museum. He stated
that he attended the unveiling ceremony for the Civil War
historical display at the Boonsboro Branch Library and a
breakfast meeting with Dr. Guy Altieri, President of
Hagerstown Community College.
COUNTY ATTORNEY ISSUES
Kirk Downey, Assistant County Attorney, informed the
Commissioners that rezoning case RZ-04-008 (applicant H.B.
Mellott Estate) was upheld on appeal with the exception of
one issue being remanded to the Board of County
Commissioners. Mr. Downey asked that the Commissioners
adopt Supplemental Findings of Fact with regard to the
placement of the concrete asphalt/batch plant on the
property. He explained that the
OCTOBER 14, 2008
PAGE TWO
plant would remain where it is and would not be moved to
the expanded property that was the subject of the rezoning.
Motion made by Commissioner Aleshire, seconded by
Kercheval, to adopt the Supplemental Findings of Fact upon
Remand for rezoning case RZ-04-008, as drafted by the
County Attorney’s Office. Motion carried with
Commissioners Aleshire, Kercheval, Baker and Barr voting
“AYE” and Commissioner Wivell voting “NO.”
DECISION - REZONING TEXT AMENDMENT CP-08-001 – WASHINGTON
COUNTY PLANNING DEPARTMENT
Jill Baker, Senior Planner, appeared before the
Commissioners regarding rezoning text amendment CP-08-001
for amendments to the text of the 2002 Washington County
Comprehensive Plan. The proposed amendment would designate
Priority Preservation Areas (PPAs) as required in order to
comply with the Agricultural Stewardship Act of 2006 and to
retain the additional 42% agricultural transfer tax funding
from the Maryland Agricultural Land Preservation Program
(MALPP) that the County receives as a “certified”
preservation program. The meeting was opened for
questions. Commissioner Aleshire stated that he does not
support the amendment and feels that the policy is unfair.
Commissioner Wivell indicated that he does not support the
amendment as the property owners were not notified of the
proposed designation, and he believes that additional
regulations will be added by the State in the future.
Motion made by Commissioner Kercheval, seconded by Baker,
to approve rezoning text amendment CP-01-001 to amend the
Comprehensive Plan and designate Priority Preservation
Areas (PPAs) as required in order to comply with the
Agricultural Stewardship Act of 2006. Motion carried with
Commissioners Kercheval, Baker, and Barr voting “AYE” and
Commissioners Aleshire and Wivell voting “NO.”
REPORTS FROM COUNTY STAFF
Dee Hawbaker, Human Resources Administrator, requested
permission to advertise to filla Maintenance Equipment
Operator I position at the Highway Department.
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the request to advertise to fill the
Maintenance Equipment Operator I position at the Highway
Department. Unanimously approved.
PRESENTATION ON CONVERSION OF BIOSOLIDS INTO ENERGY USING
RECOVERED METHANE
Julie Pippel, Director of the Division of Environmental
Management, introduced Robert Kershner, President of
Kershner Environmental Technologies and Ed Morton,
representing Pure Earth Energy Resources (PEER), who were
in attendance to make a presentation on the conversion of
biosolids into energy using recovered methane. Mr.
Kershner stated that his company has partnered with Pure
Earth Energy Resources to convert waste biosolids into a
usable fuel for the cement industry. He indicated that it
hopes to partner with local governments to produce the
product. Mr. Morton explained that Pure Earth has the
ability to design, build, own and operate sludge-to-energy
facilities nationwide. As part of the project, the company
is looking for alternative energy sources to fuel the
sludge drying equipment, such as recovery of methane gas
from landfill facilities. He provided information on the
carbon balance cycle.
Mr. Kershner reviewed the process and stated that the
biosolids must be dried to greater than 90% to become a
valuable energy resource. He outlined a possible business
relationship where the County would provide waste heat
(landfill gas) and land for the drying operation. The
County would receive a cost-effective, long term disposal
agreement for biosolids and a percentage on outside
biosolids processed on site by the operator and potential
future carbon credits. The bio-solids process would secure
the supply of biomass from the County and possibly other
regional sources, build and operate the processing
facility, and provide a renewable energy product to on-site
or off-site users. The meeting was opened for questions
from the Commissioners. The Commissioners thanked
OCTOBER 14, 2008
PAGE THREE
Mr. Kershner and Mr. Morton for their presentation and
agreed to begin due diligence on such a project and allow
them to gather information regarding the County’s landfill.
PROPOSED LEGISLATIVE AGENDA ITEMS FOR 2009 GENERAL ASSEMBLY
Kirk Downey, Assistant County Attorney, reviewed the
following list of potential items for inclusion in the 2009
legislative requests as requested by staff: 1) Sheriff’s
Office – Revision to Courts & Judicial Proceedings, Section
2-309(w), regarding the Sheriff’s salary and authority,
particularly regarding special deputy sheriffs. 2) Public
Works – Revision to Title 7 – Roads of the Code of Public
Local Laws. Update the Code of Public Local Laws to
reflect the current organization and practices of the
Division of Public Works (resubmitted from last session.)
3) Clerk of the Circuit Court – Revision to Courts &
Judicial Proceedings, Section 2-213 to add Washington
County to the list of jurisdictions in which the Clerk may
negotiate the amount of his commission on the transfer tax
so that the County will see increased revenues. 4) Mental
Health Advisory Committee – Amendment to Health General,
Section 103-08 to allow the County Commissioners to
designate the Mental Health Authority, Inc. as the core
service agency for Washington County, as the mental health
advisory committee. 5) Salary Study Commission –
Adjustment to various salaries set by statute.
The meeting was opened for discussion. Commissioner Barr
asked about the County’s authority to enact a noise
ordinance. John Martirano, County Attorney, informed him
that County already has the authority to develop such an
ordinance. The Commissioners also discussed the request
made last year regulating large trucks parking on
residential streets in residential areas and it was the
consensus to include it again this year.
RECESS – LUNCH WITH SECRETARY RAYMOND SKINNER, MARYLAND
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
The Commissioners recessed at 12:41 p.m. for lunch with
Raymond Skinner, Secretary of the Department of Housing and
Community Development at the Memorial Recreation Center.
AFTERNOON SESSION
The afternoon session was called to order at 2:38 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.
PRESENTATION – WASTE MANAGEMENT RECYCLE AMERICA RECYCLING
SERVICES
David Taylor, District Management for WM Recycle America,
appeared before the Commissioners to provide a presentation
on the company and the advantages of single stream
recycling, the cost saving of converting to single stream,
and the advantages of curbside pick-up. Mr. Taylor
provided information on its Elkridge facility and the
program currently in place in Carroll County. The meeting
was opened for questions from the Commissioners. The
Commissioners agreed to schedule a tour of the Elkridge
facility and look at the options.
CONTRACT AWARD – BOND COUNSEL SERVICES
Motion made by Commissioner Kercheval, seconded by
Aleshire, to award the contract for Bond Counsel Services
to Funk & Bolton, P.A. for the total proposal value of
$87,000 for a one-year period commencing November 1, 2008
and ending October 31, 2009 with an option by the County to
renew for up to three (3) consecutive one (1) year periods
thereafter, based on the annual lump sum fees proposed by
the successful firm. Unanimously approved.
BID AWARD – BUILDING MATERIALS FOR POLE BUILDINGS –
DEPARTMENT OF WATER QUALTIY
Motion made by Commissioner Aleshire, seconded by
Kercheval, to award the bid for building materials for two
(2) Pole Buildings for the Department of Water Quality to
United Enterprises Construction, LLC which submitted the
lowest responsive, responsible total lump sum bid of
$109,267.42 (Building #1 - $63,053.95 and Building #2 -
$46,213.47). Unanimously approved.
OCTOBER 14, 2008
PAGE FOUR
RECESS
The Commissioners recessed at 3:47 p.m. to meet with the
Hagerstown Mayor & City Council at City Hall.
JOINT MEETING – HAGERSTOWN MAYOR AND CITY COUNCIL
The Commissioners met with Mayor Bruchey and City Council
members Martin Brubaker, Lewis Metzner, Penny Nigh, Kelly
Cromer, and Alesia Parson McBean at City Hall at 4:15 p.m.
Update on Consolidated 911 Center
Kevin Lewis, Director of the Division of Fire & Emergency
Services; Sheriff Douglas Mullendore; and Hagerstown Police
Chief Art Smith, met with the joint group to provide an
update on the consolidation of the 911 Center. Mr. Lewis
stated that policies and procedures for the consolidation
of services are being reviewed and should be completed by
February or March. Chief Smith indicated that job
descriptions are being developed and individuals have begun
cross-training. He noted that the project is progressing
but additional information has not yet been received from
the State Retirement System.
Request for Water Service at the Hagerstown Regional
Airport
Tim Troxell, Director of the Hagerstown-Washington County
Economic Development Commission (EDC), and Rob Ferree,
Deputy Director of EDC, stated that they are working with a
client who would like to construct an 18,000 square foot
hangar at the Hagerstown Regional Airport. Mr. Troxell
stated that the property is located outside the City’s
Medium-Range Growth Area, and he requested an exception to
the policy to allow water service to be provided to the
site. Mr. Troxell provided the Commissioners and the City
Council with information on the project. After discussion,
it was the consensus of the City Council to approve the
request, which will be voted on at their next formal
session. Councilman Metzner stated that he felt the City
Council should have been notified earlier in the process.
The group discussed putting a mechanism in place to bring
any future requests before the Council in a timelier
manner.
Widening of Alley 3-42
Rodney Tissue, City Engineer, provided information on the
continuing improvements to the Arts & Entertainment (A&E)
District. He stated that the next step is to widen the
alley from East Washington Street to the parking deck. Mr.
Tissue indicated that the bookstore at the end of the alley
would be removed and the alley widened to a two-way street.
He asked if the County would be willing to partner with the
City and commit $300,000 toward the project. The meeting
was opened for questions and discussion. The Commissioners
agreed that they support the project; however, it was not
budgeted, and the County’s Capital Improvements Program
(CIP) budget would have to be reviewed and Finance staff
consulted prior to committing the funds.
Discussion of Doub Farm and Faison Development
Councilman Metzner stated that he would be agreeable to any
conditions the County would place on express approval
relating to the annexation and zoning of the Doub
development. Commissioner Aleshire reviewed the
differences in the two projects being proposed for this
area. In answer to questions from the Commissioners,
Councilman Metzner stated that the Council is in agreement
with the proposed C-4 zoning for the property. Councilman
Brubaker reviewed the advantages that he feels this project
brings to the City. It was the consensus of the City
Council to draft a letter requesting that the County
Commissioners approve the express approval requested for
the annexation of the Doub property. They requested a
timely response from the Commissioners to resolve the
issue. The Commissioners agreed to provide a response
within a month. Councilman Metzner stated that the two
bodies should schedule discussions to determine common
goals for the area.
Edgewood Drive/Dual Highway Update
Mr. Tissue stated that parties were informed by the
Secretary of Transportation that State funding is in place
for the Edgewood Drive/Dual Highway Improvement project.
He noted that delay of the project was
OCTOBER 14, 29008
PAGE FIVE
caused by an issue with the State bidding process and that
the contract would be awarded as soon as possible.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell,
to adjourn at 5:18 p.m. Unanimously approved.
____________________________
County Administrator
____________________________
County Attorney
________________________
County Clerk