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July 21, 2009
Hagerstown, Maryland
The Commissioners attended a breakfast at 7:30 a.m. at Next
Dimensions for the Soil Conservation District’s Annual
Conservation Awards.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 9:24
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 given by Commissioner Barr followed by
the Pledge of Allegiance to the Flag by the full
assemblage.
APPROVAL OF MINUTES – July 14, 2009
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of July 14, 2009 with
incorporated changes. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker stated that he attended the Washington
County Sports Hall of Fame induction at the Elks Club where
four individuals were inducted and many scholarships were
awarded to athletes planning to attend college.
Commissioner Kercheval reported attending the Public Golf
Corporation (Black Rock) Board meeting where it was
announced that a recycling program has begun with Boy Scout
Pack 66 and Cub Scout Troop 54 collecting cans and using
the recycling funds for scout activities. He also attended
a lobbying coalition meeting where community issues were
discussed. Commissioner Kercheval has been asked to
participate in assembling the Community Report Card with
the Community Foundation and its staff, which will include
involvement by the United Way, Local Management Board and
other agencies to make a community improvement plan. He
thanked County staff from the Permits, Public Works and
Economic Development Departments that were involved in the
extra efforts made to fast track a project for an Economic
Development client. Commissioner Kercheval mentioned the
housing foreclosure mowing problem in the County and some
solutions that have been suggested by staff.
Commissioner Aleshire informed the Commissioners that he
visited the Agricultural Expo and Fair being held this
week. He also attended Smithsburg Pride Days and visited
the new branch library. He mentioned two letters that were
received by the Commissioners stating some internal
concerns regarding the proposed Senior Center.
Commissioner Aleshire attended a Permit Advisory Board
meeting and stated that the 30-day plan process vision will
be hard to meet. He submitted items for consideration this
year to the lobbying coalition. He noted that in future
presentations brought before the Board, regarding joint
efforts between the City and County that the Commissioners
need to first know where the City body stands.
Commissioner Barr attended the Ag Expo on Friday evening.
He attended Bike Night held in Williamsport and noted that
it was a nicely organized and well-attended event where
nonprofits in the community benefited. Commissioner Barr
also participated in the Bone to be Wild Ride, a fundraiser
for the Humane Society of Washington County, which ended at
Camp Harding. Commissioner Barr, Greg Murray and Mike
Thompson met with Franklin Jackson from US Census Bureau
regarding the importance of participation in the census and
what it means to the County in relation to federal dollars
being returned to the community. He expressed hope that
the County would have the highest rate of participation on
return of surveys.
Commissioner Wivell had no comments.
July 21, 2009
Page two
RZ-09-001 - APPLICATION FOR TEXT AMENDMENT TO THE
WASHINGTON COUNTY ZONING ORDINANCE (Rural Areas)
Senior Planner Jill Baker of the Planning Department
appeared before the Commissioners to discuss proposed
amendments to RZ-09-001, that focus on updating, correcting
and clarifying language pertaining to various aspects of
zoning regulation. The Washington County Planning
Commission held a public meeting to take testimony on the
proposed amendments on March 16, 2009, and the Board of
County Commissioners held a public hearing for the same
purpose on June 15, 2009. The Washington County Planning
Commission recommended adoption of the proposed amendments
together with the addition of language to Section 4.22
Commercial Communication Towers relating to abandonment
issues that would impose a fine rather than immediate legal
action in court. The Planning Commission also recommended
amending the definition for Grade Plane as presented by
staff. Ms. Baker pointed out that one outstanding issue
concerns the abandonment of cell towers, which came up
during the Planning Commission meeting. After discussion,
it was the consensus of the Commissioners to choose option
#2 as presented.
Ms. Baker will make the requested adjustments to the
Ordinance and return at a later date for approval by the
Commissioners.
RZ-09-002 - APPLICATION FOR TEXT AMENDMENT TO THE
WASHINGTON COUNTY ZONING ORDINANCE
Planning Department Director Michael Thompson presented
RZ-09-002 – an application for text amendment to the
Washington County Zoning Ordinance (“Ordinance”.) The
proposed amendments relate to Section 15.5(h) of the
Ordinance with regard to fencing requirements in the IM
(Industrial Mineral) District. The Washington County
Planning Commission held a public meeting for the purpose
of taking testimony on the proposed amendments on March 2,
2009 and the Board of County Commissioners held a public
hearing for the same purpose on June 15, 2009. The
Washington County Planning Commission recommended adoption
of the amendments as amended with a vertical to horizontal
1:2 slope. The proposed language gives the Planning
Commission the ability to look at each proposal as it is
submitted and determine what fencing requirements are
appropriate.
Motion made by Commissioner Kercheval, seconded by Wivell,
to adopt Zoning Text Amendment RZ-09-002 as presented with
1:2 slopes as shown in the attached amending ordinance.
Unanimously approved. (A copy of Ordinance #ORD-09-06 can
be found in the County Commissioners’ Office.)
WASHINGTON COUNTY REAL PROPERTY TAX CREDIT ORDINANCE FOR
FALLEN HEROES
Assistant County Attorney Andrew Wilkinson presented the
proposed Washington County Real Property Tax Credit
Ordinance for Fallen Heroes to the Commissioners for
consideration. The Commissioners previously discussed this
matter and at that time Staff was directed to draft a
proposed ordinance. Mr. Wilkinson stated that the
authority contained in Section 9-210, Tax-Property Article
of the Annotated Code of Maryland, allows the County the
option of providing a credit against the County real
property tax to the surviving spouse of a police officer,
correctional officer, or Fire/Rescue/EMS personnel killed
in the line of duty. Sections 2 and 3 of the proposed
Ordinance contain terms required by the State enabling
legislation but all other sections may be modified. Mr.
Wilkinson informed the Commissioners that the Ordinance
would be effective as of July 1, 2009 but there would be no
retroactive limitation as to the date of death of the
fallen spouse. In addition, Section 8 provides for
recapture of the tax credit in the event of fraudulent
application. After discussion, Commissioner Kercheval
asked that “fire/rescue worker” be added to the language in
Section 1.
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve the Washington County Real Property Tax Credit
Ordinance for Fallen Heroes with the requested changes.
Unanimously approved. (A copy of Ordinance #ORD-09-07 can
be found in the County Commissioners’ Office).
July 21, 2009
Page three
OTHER BUSINESS
–
County AttorneyCounty Attorney John Martirano introduced
Dave Jordan and Jackie Crabtree of the Community Action
Council (CAC) who appeared to request acceptance of
transportation program grants from the Maryland Transit
Authority (MTA) for operations and acquisition of
additional busses. MTA requires that a Resolution be
adopted by the Commissioners to endorse CAC’s application
for the grant and recognizing its receipt. The total
requested funding amount from the State is $242,764.50,
which will flow through CAC.
Motion made by Commissioner Kercheval, seconded by Baker,
to adopt the Resolution endorsing the application and
acceptance of the MTA grant funds by CAC. Unanimously
approved. (A copy of Resolution #RS-09-10 can be found in
the County Commissioners’ Office.)
County Administrator – no comments.
Reports from County Staff – none.
COMMISSIONER REPORTS AND COMMENTS (cont.)
Commissioner Barr mentioned that Senator Barbara Mikulski
recently broke her ankle in several places and passed along
best wishes for a speedy recovery.
CITIZENS PARTICIPATION
James Devine, P. O. Box 2217, Hagerstown, commented on two
issues; the first regarding the County’s Weed Ordinance and
the recent Herald-Mail article, and second the Zoning
Ordinance as it relates to solar capacity in the County.
EMPLOYEE RECOGNITION – ROB FERREE
Tim Troxell, Economic Development Commission (EDC)
Director, appeared with Rob Ferree, Deputy Director of the
EDC, and stated that Mr. Ferree has attained Certified
Economic Developer (CEcD) certification. Mr. Troxell said
that professional achievement and international recognition
are attained upon earning the designation and mentioned
that only four communities in Maryland have two CEcDs on
staff. Commissioner Barr presented the certificate to Mr.
Ferree and the Commissioners congratulated him on the
accomplishment.
PROPERTY ACQUISITION – HALFWAY BLVD./MASSEY BLVD.
Real Property Administrator Joe Kuhna and Rob Slocum,
Deputy Director - Capital Projects, appeared before the
Commissioners to request approval of option agreements to
purchase property necessary for the widening of the Halfway
and Massey Boulevard intersection project. Mr. Kuhna
explained that the future intersection improvements will
require the partial acquisition of six properties to allow
for needed turn movement and travel lane widening. He has
been negotiating with six affected property owners and
three have agreed to the terms offered: The Dollar Store
($190,600.00), Motel 6 ($303,750.00), and Hagerstown Ford
($102,800.00.) The fiscal impact would be $597,150.00 from
the County’s CIP budget ($1,650,000.00 ROW budget.) Mr.
Kuhna informed the Commissioners that the three remaining
properties still under discussion are the former Roy
Rogers’ property, Valley Mall property and Cedar Ridge
property (K-Mart Plaza.) Discussion centered on the cost
of purchasing the strips of property, which was based on
actual appraisals ranging from $14-$17 per square foot.
Mr. Slocum stated that the right-of-way consultant used for
the project has over thirty years’ experience in State
Highway right-of-way acquisitions.
Motion made by Commissioner Kercheval, seconded by
Aleshire, that the properties are needed for a public
purpose and to approve the option agreements for the three
acquisitions as presented, totaling $597,150.00, from the
County’s CIP Budget.
July 21, 2009
Page four
Motion carried with Commissioners Kercheval, Baker and
Aleshire voting “AYE” and Commissioner Wivell voting “NO.”
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Kercheval,
to convene in closed session at 11:10 a.m. to consider
matters that concern proposals for businesses or industrial
organizations to locate, expand, or remain in the State;
and 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.
In closed session, the Commissioners considered matters
that concern proposals for businesses or industrial
organizations to locate, expand, or remain in the State;
and consulted with counsel to obtain legal advice. Present
during closed session were Commissioners John F. Barr,
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and
William J. Wivell. Also present at various times were
Gregory Murray, County Administrator; John Martirano,
County Attorney; Vicki Lumm, County Clerk; Joe Kroboth,
III, Director of Public Works; Tim Troxell, Director, EDC;
Rob Ferree, Deputy Director, EDC; and Greg Larsen, Business
Development Manager for the Hagerstown Regional Airport.
RECESS
The Commissioners recessed at 12:00 p.m. for lunch.
AFTERNOON SESSION
President John F. Barr called the afternoon session to
order at 1:48 p.m., with the following members present:
Vice President Terry L. Baker and Commissioners Kristin B.
Aleshire, James F. Kercheval and William J. Wivell.
CONTRACT AWARD (PUR-1108) – CLINICAL SERVICES FOR TEENS TO
REDUCE TEEN PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS
IN WASHINGTON COUNTY
Karen Luther, Purchasing Agent, and Melissa Nearchos,
Project Coordinator - Washington County Community
Partnership for Children & Families (WCCP) informed the
Commissioners that the Coordinating Committee recommends
that the contract award for Clinical Services for Teens to
Reduce Teen Pregnancy and Sexually Transmitted Infections
in Washington County be awarded to the responsive proposer,
the Community Free Clinic of Hagerstown, Maryland, for the
responsive proposal amount of $66,860.00. Ms. Luther
stated that the WCCP Board met on July 17, 2009 and voted
to approve the recommendation. The contract should
commence on August 1, 2009 and end June 30, 2010, with an
option to renew for up to two (2) consecutive fiscal years
through 2012. Commissioner Wivell stated that he does not
support the contract due to the methodology being used.
Ms. Nearchos reported that preliminary statistics for
Washington County teen birthrates in 2007 were 240 and were
down to 192 in 2008, while state figures remained flat and
national figures rose.
Motion made by Commissioner Kercheval, seconded by Aleshire
to award the contract for Clinical Services for Teens to
Reduce Teen Pregnancy and Sexually Transmitted Infections
in Washington County to the Community Free Clinic of
Hagerstown for the responsible proposal of $66,860.00.
Motion carried with Commissioners Kercheval, Baker and
Aleshire voting “AYE” and Commissioner Wivell voting “NO.”
GRANT PROPOSAL – EMERGENCY NUMBER SYSTEM BOARD
(Project #09-126)
Kevin Lewis, Director, Department of Emergency Services,
appeared before the Commissioners to request acceptance of
a grant award for Emergency Communications from the
Emergency Number System Board (ENSB). On June 29, 2009,
Washington County was awarded $144,000.00 in special
project funding for the new Emergency Communications
Center. The ENSB manages the “911 fee” assessed on all
land-based and cellular connections in Maryland. The
current fee is $1 and the ESNB returns 75 cents to the
County to cover operational costs and the remaining 25
cents is held in a statewide account for special projects.
There is no fiscal impact to the County unless the grant
award is not accepted.
July 21, 2009
Page five
Motion made by Commissioner Wivell, seconded by Baker to
approve the acceptance of a $144,000.00 special project
funding grant from the ENSB for the new Emergency
Communications Center to include Logging Recorders (Project
#09-126.) Unanimously approved.
GRANT PROPOSAL – EMERGENCY NUMBER SYSTEM BOARD
(Project #09-127)
Kevin Lewis, Director, Department of Emergency Services,
and Bud Gudmundson, GIS Manager, requested acceptance of a
$348,018.00 grant from the Emergency Number System Board
(ESNB.) On June 25, 2009, Washington County was awarded
$348,018.00 in special project funding for Mapping (Parcel
Layers)(Project#09-127) from the ENSB. There is no fiscal
impact to the County unless the grant award is not
accepted. Mr. Gudmundson explained that the grant would go
toward digitizing State property maps, would improve
address creation and maintenance for the 911 system, and
will allow other County departments access to the property
maps for projects and services. Mr. Gudmundson stated that
the contract will piggyback with Baltimore County and he
will return at a future meeting to seek approval for the
contract. The amount is currently a County CIP budget item
but only a small portion will be used due to quality
control for the project.
Motion made by Commissioner Kercheval, seconded by Wivell,
to approve the acceptance of a $348,018.00 grant from the
ESNB in special project funding for the new Emergency
Communications Center for Mapping (Parcel Layers)(Project
#09-127). Unanimously approved.
MEMORANDUM OF AGREEMENT – FFY 2009 EMERGENCY MANAGEMENT
PERFORMANCE PROGRAM AWARD
Kevin Lewis, Director, Division of Emergency Services,
appeared before the Commissioners to request authorization
to execute a Memorandum of Agreement with the Maryland
Emergency Management Agency (MEMA) for a FFY 2009 award of
$90,631.00. MEMA distributes funding to all local
jurisdictions on an annual basis to enhance and strengthen
emergency management capabilities at the State and local
level, which helps to offset personnel, operational and
training expenses for local emergency management. Award
funds must be matched dollar for dollar with local funds
appropriated in the emergency management budget and/or in
kind assistance.
Motion made by Commissioner Kercheval, seconded by Wivell,
to authorize the execution of a Memorandum of Agreement
with MEMA and the County for a FFY 2009 Emergency
Management Performance Program Award of $90,631.00.
Unanimously approved.
GRANT PROPOSAL – “WARRANT REDUCTION INITIATIVE – VOWR”
Sgt. James Cooper, of the Washington County Sheriff’s
Department Warrant Task Force brought forth a
recommendation to accept a $18,460.00 no-match grant from
the Governor’s Office of Crime Control & Prevention –
“Warrant Reduction Initiative – VOWR”. The Sheriff’s
Office plans to use the funding for deputies to locate and
arrest wanted persons, and to fund overtime support staff
to research warrants and gather information that will aid
deputies with serving warrants.
Motion made by Commissioner Kercheval, seconded by Baker to
accept the Warrant Reduction Initiative grant in the amount
of $18,460.00 from the Governor’s Office of Crime Control &
Prevention. Unanimously approved.
GRANT PROPOSAL – “REPLACEMENT BODY ARMOR”
James Brown, Sheriff’s Department Grants Manager, requested
that the Commissioners accept a $15,600.00 matching grant
from the Governor’s Office of Crime Control & Prevention –
“Replacement Body Armor” with a 50/50 cash match. The
replacement body armor program ensures the highest level of
protection for law enforcement personnel since
manufacturer’s specifications require that bulletproof
vests and body armor should be replaced every five years to
ensure the wearer’s safety. Program funds will replace
thirty (30) body armor units for sworn personnel.
July 21, 2009
Page six
Motion made by Commissioner Kercheval, seconded by Aleshire
to accept a one (1) year grant of $7,800.00 for replacement
of body armor with the cash match of $7,800.00 coming from
the Patrol/Judicial Operating Budget for FY09-10.
Unanimously approved.
PROJECT BID - EASTERN PRIMARY SCHOOL
Joe Kroboth, III, Director of Public Works, and Gary W.
Rohrer, Director of Special Projects, appeared before the
Commissioners to request authorization for the Board of
Education to advertise for competitive bids for the Eastern
Primary School Project, to be located at the intersection
of Mt. Aetna Road and Yale Drive. In accordance with the
Code of the Public Local Laws of Washington County, the
Advisory School Design Review Committee reviewed the
construction documents for the project and voted on June
15, 2009 to recommend that the Board of Education be
allowed to proceed with advertisement for construction
bids, pending resolution of road improvements required as
part of the project. The new school will be 85,000 square
feet and will accommodate Pre-K, Kindergarten, first and
second grades. Mr. Kroboth stated that the project is
currently working through the Land Development and Planning
agencies. The Commissioners discussed the project and
whether State funding would be lost without the
Commissioners’ approval.
Motion made by Commissioner Aleshire, seconded by Baker, to
authorize the Board of Education to advertise for
competitive construction bids for the Eastern Primary
School project, pending resolution of roadway improvements.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Baker,
to convene in closed session at 2:34 p.m. to consider a
matter that concerns the proposal for a business or
industrial organization to locate, expand, or remain in the
State, in accordance with Section 10-508 of the State
Government Article of the Annotated Code of Maryland.
Unanimously approved.
In closed session, the Commissioners considered matters
that concern the proposal for a business or industrial
organization to locate, expand, or remain in the State.
Present during closed session were Commissioners John F.
Barr, Terry L. Baker, Kristin B. Aleshire, James F.
Kercheval and William J. Wivell. Also present at various
times were Gregory Murray, County Administrator; John
Martirano, County Attorney; Vicki Lumm, County Clerk; Joe
Kroboth, III, Director of Public Works; Greg Larsen,
Business Development Manager for the Hagerstown Regional
Airport; Tim Troxell, Director, EDC; David Rider, and Roger
Schlossberg.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell,
to adjourn at 3:43 p.m. Unanimously approved.
____________________________
County Administrator
____________________________
County Attorney
________________________
County Clerk