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HomeMy WebLinkAbout01.19.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland January 19, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:36 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – January 12, 2010 Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of January 12, 2010 with incorporated changes. The motion was unanimously approved. PUBLIC HEARING (RZ-09-007) – PROPOSED ZONING ORDINANCE TEXT AMENDMENTS TO ARTICLES 25 AND 27 (ADMINISTRATIVE ADJUSTMENTS) The Commissioners convened a public hearing (RZ-09-007) at 9:38 a.m. regarding proposed text amendments to Articles 25 and 27 (Administrative Adjustments) of the Zoning Ordinance. Jill Baker, Senior Planner, stated that the Planning Commission recommended approval of the text amendment with changes as discussed during the rezoning public meeting on December 7, 2009, and the Planning Commission Workshop held on October 18, 2009. She requested acceptance of the Staff Reports, Planning Commission recommendations, minutes, and attachments into the official record of the hearing for this case. Ms. Baker detailed the proposed administrative adjustment procedure that would allow certain types of requests for zoning variances to move quickly through the process and bypass the requirement for a public hearing. The amendments would go into effect on March 1, 2010, according to Ms. Baker. The Commissioners discussed the amendments. Commissioner Barr opened the hearing for public comment. There was no one present who wished to comment. The public hearing was closed at 9:59 a.m. It was the consensus of the Commissioners to approve the amendments. Assistant County Attorney Kirk C. Downey stated that he would return later in the meeting with the enacting ordinance. (Ordinance No. ORD-2010-01 is located in the County Commissioners’ Office) PUBLIC HEARING (RZ-09-006) – PROPOSED ZONING ORDINANCE TEXT AMENDMENT TO SECTION 22.21 (ELECTION SIGNS) A public hearing was convened at 10:00 a.m. regarding proposed a text amendment to Article 22 of the Zoning Ordinance (RZ-09-006.) Steve Goodrich, Chief Planner, and Mike Thompson, Planning Director, reviewed the proposed text amendment that would change January 19, 2010 Page two Section 22.21 (Election Signs) by removing the 45-day time limit for placing and removing election signs on private property. Mr. Goodrich informed the Commissioners that the American Civil Liberties Union (ACLU) has contacted counties regarding the unconstitutionality of time restrictions in regards to political signs. Mr. Goodrich stated that signs would not be allowed to interfere with traffic visibility or placed in public rights- of-way. Commissioner Barr opened the hearing for public comment. There was no one present who wished to comment. The public hearing was closed at 10:21 a.m. Commissioner Wivell, seconded by Aleshire, moved to adopt the proposed text amendment as offered in RZ-09-006. The motion was unanimously approved. Assistant County Attorney Kirk C. Downey stated that he would return with an enacting ordinance. (Ordinance No. ORD-2010-02 is located in the County Commissioners’ Office) EMPLOYEE CERTIFICATE OF MERIT PRESENTATION – BENJAMIN HAINKE Commissioner Barr presented a Certificate of Merit to Benjamin Hainke, Construction Inspector in the Division of Public Works, in recognition of obtaining his Bachelor of Science Degree in Business Administration from Frostburg State University. The Commissioners congratulated Mr. Hainke on the achievement and he thanked the Commissioners for the Certificate. CITIZENS PARTICIPATION Lou Thomas, Vice President of the Washington County Restaurant and Beverage Association (WCRBA) commented on the discussion held during the Commissioners’ December 22, 2009 meeting regarding proposed changes to beer and light wine liquor licenses. Mr. Thomas felt that there were misunderstandings and stated that the WCRBA had not yet proposed any changes. He discussed the issue with the Commissioners and informed them that he would meet with the Board of License Commissioners (“Liquor Board.”) Robert Maginnis of Smithsburg, Maryland, distributed a flyer he recently received advertising Washington Gas Energy Services as an electrical provider for the local area offering competitive rates. Mr. Maginnis requested that the Commissioners obtain more information on the offer through the Maryland Association of Counties (MACo.) Mr. Murray stated that he would look into the matter and reply to Mr. Maginnis. BID AWARD – ARRA PROJECT, RESURFACING AND REHABILITATION OF VARIOUS FEDERAL AID ROADS IN WASHINGTON COUNTY Rob Slocum, Deputy Director, Public Works Capital Projects, and Vicky McKenzie, Project Manager, presented a recommendation to award the bid for payment resurfacing and rehabilitation to the lowest, responsive, responsible bidder, C. William Hetzer, Inc. for $2,050,650.10. He stated that the project is funded by the American Recovery and January 19, 2010 Page three Reinvestment Act (ARRA) for $2.3 million. To stay within stated parameters, the proposals were listed as Priority 1 (14 roads totaling 8.31 miles) and Priority 2 (4 roads totaling 2.02 miles.) Commissioner Kercheval, seconded by Aleshire, moved to award the Pavement Resurfacing and Rehabilitation contract to the lowest, responsive, responsible bidder, C. William Hetzer, Inc., for $2,050,650.10. The motion was unanimously approved. OTHER BUSINESS County Administrator’s Comments County Administrator Greg Murray presented a request for funding from the Tri-County Council (TCC) to reallocate $25,000.00 to TCC for use as matching funds for federal grants. The funds had previously been allocated to TCC for a training incubator project whose requirements became prohibitive, leaving the $25,000.00 unused. The Commissioners discussed the request and expressed the desire that any reallocation of funds be considered a one-time allocation and one that would not set a precedent for future funding. Commissioner Kercheval moved to allow the Tri-County Council to reallocate the $25,000.00 given previously by the County in this fiscal year for the training incubator project to be used as matching funds for federal grants for a total amount of $50,000 in this year’s budget, and that any future additions to the normal contribution of $25,000 per fiscal year would be discussed at a later date. After discussion, Commissioner Kercheval amended his motion to clarify that the $25,000 previously approved by the Commissioners for the training incubator project was in FY 2009 and not in FY 2010. The motion was seconded by Commissioner Wivell and approved, with Commissioners Kercheval, Wivell, Baker, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” Greg Murray reminded the Commissioners and Staff that proposed legislation will be discussed with the Washington County Delegation in Annapolis on January 27 with a departure time of 6 a.m. Commissioner Barr noted that he would be in Annapolis each Wednesday morning through March for MACo legislative meetings. REPORTS FROM COUNTY STAFF Public Works Joe Kroboth, III informed the Commissioners that he attended a meeting in Baltimore for the Maryland Department of the Environment (MDE) Maryland Growth Task Force, for public and private entities to comment on the proposed stormwater management regulations. He stated that several members of the Environmental Matters Committee who were present commented on two matters of concern, 1) Grandfathering Clause – MDE is firm on its wording, and, 2) the redevelopment policy to encourage municipalities to reduce impervious areas by 50% - Washington County’s is currently at 20%. January 19, 2010 Page four Mr. Kroboth stated that repair to the East Oak Ridge Drive railroad crossing near Md. Route 65 is scheduled for repairs in early April 2010 and heavy truck traffic in that area and through the Town of Funkstown would be majorly impacted. Discussions with CSX have found that the 4-5 days necessary for repairs could possibly be lowered to 2-3 if work between companies could be consolidated. He noted that the repair would be made using the standard asphalt method, but for a $20,000.00 contribution from the County, a concrete apron could be used that would be much longer lasting. Commissioner Kercheval requested to be kept informed and stated that he may contact MPO for support. Commissioner Aleshire requested an update on the citizen complaint in the Beaver Creek area regarding a neighbor’s landscaping that is causing flooding concerns. Mr. Kroboth replied that he would look into the matter and report the status. Permits and Inspections - Residential Stimulus Program Update Dan DiVito, Permits & Inspections Director, appeared before the Commissioners to present the status of the Residential Stimulus Program adopted by the Commissioners on October 13, 2009. He distributed a spreadsheet showing a breakdown of the homes, additions, and energy applications approved as of January 15, 2010, stating that he felt the program has had a dramatic effect and has accomplished what it was designed to do. The Commissioners discussed the program’s results and whether it should be extended. Commissioner Aleshire felt that it should be allowed to expire on February 1 as originally planned. Commissioner Wivell also felt that the program should expire since it had already accomplished its goal. Commissioner Kercheval, seconded by Baker, moved to extend the Residential Stimulus Program for an additional two months and add 50,000 square feet to the total square footage allowed, extending through April 1, 2010. In addition, during the extension period there will be a limit of three homes per builder under the same rules and procedures. All other terms and provisions of the Residential Stimulus Program will remain the same during the extended time. The motion was approved with Commissioners Kercheval, Baker and Barr voting “AYE” and Commissioners Aleshire and Wivell voting “NO.” RECESS The Commissioners recessed at 12:09 a.m. for lunch. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:33 p.m., with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker reported that the Winter Princess Party held by the Recreation Department at the HCC ARCC Arena was a success and he thanked County Recreation January 19, 2010 Page five employees for their efforts. He also thanked the Herald Mail newspaper for covering the event. Commissioner Kercheval stated that he participated in the Humane Society of Washington County’s (HSWC) strategic planning group where he was asked to request initiatives, if any, from the Commissioners. HSWC members expressed the desire for finalization of the amendments to the Animal Control Ordinance. Mr. Kercheval reported that he met last week with the Local Management Board. He attended the Metropolitan Planning Organization (MPO) meeting where long-range transportation planning was discussed, stating that a final report will show projected funding needs for the next twenty-five years. He thanked County Staff, City Council member Martin Brubaker, and City Staff for the assistance given to obtain the necessary figures. Commissioner Aleshire attended the Commission for Women meeting where Women’s History Month and promoting local women was discussed. He was present at the Hancock Mayor and Council meeting where an individual gave a proposal to handle the Permits role for the town to attain possible time and cost savings. It was stated that communication between the County’s Permits Department and the town has vastly improved. Mr. Aleshire noted that the tax setoff change was discussed and how to adequately explain the change to the citizens and also prepare a budget that may change due to differential rates. He reported that he and his family enjoyed the Winter Princess Party that was well attended and well organized. Commissioner Aleshire was present at the Williamsport Volunteer Fire and EMS Annual Awards banquet along with several other Commissioners. Commissioner Wivell stated that he attended the Williamsport Volunteer Fire and EMS banquet where it was noted that calls have decreased since last year. He thanked the organization for its service to the community. Commissioner Barr spoke at the Commission On Aging’s annual banquet and business meeting where he installed the 2010 officers. He related that Karen Towe of Washington County Hospital gave a presentation on a patient’s perspective and a nurse’s perspective on the new medical facility. Mr. Barr stated that he enjoyed breakfast this morning at the Washington County Technical High School where he participated in the Trade and Tech walk-through with prospective students. He stated that it was an innovative state-of-the-art interaction between the various trade departments. He also noted that a recent graduate of the school is working in the Vermont Culinary Arts School on a $100,000.00 scholarship. Mr. Barr congratulated Principal Jeff Stouffer and the Board of Education. He reported that he also attended the Williamsport Volunteer Fire & EMS banquet where Julianna Albowicz, Special Assistant to Senator Barbara A. Mikulski, presented a certificate signed by the Senator, to the Commissioners, in recognition of their support and adoption of the Phase II EMS Plan. January 19, 2010 Page six CHANGE ORDER – EASTERN BLVD. WIDENING PHASE I, CONTRACT NO. RD-EA-205-10 Rob Slocum, Deputy Director, Public Works-Capital Projects, and Scott Hobbs, Chief- Capital Projects, requested approval of Change Order No. 2 to URS Corporation for $34,332.00 and 45 additional days for Eastern Boulevard Widening Phase I engineering services. Mr. Slocum stated that URS had been retained by the County to complete the design of Eastern Boulevard widening between Maryland Route 64 (Jefferson Boulevard) and Security Road and that this request would compensate the consultant for services to be provided beyond the original scope of work, including additional survey, design, and permitting for offsite stormwater management. Commissioner Aleshire, seconded by Kercheval, moved to approve Change Order No. 2 to URS Corporation for $34,332.00 and 45 additional days for Eastern Boulevard Widening Phase I engineering services. The motion was unanimously approved. President Barr added to his earlier Commissioner comments that the County was closed yesterday in honor of Dr. Martin Luther King’s birthday and he recognized Dr. King’s accomplishments. LEGISLATIVE ITEM UPDATE Assistant County Attorney Kirk C. Downey presented a report on the County’s legislative requests and distributed bills in draft form that were prepared by the Department of Legislative Services and submitted to the Washington County Delegation for review. The Commissioners discussed the proposals and approved the drafts with revisions for discussion at the January 27 meeting in Annapolis. Commissioner Kercheval requested that School Board President Wayne Ridenour and Board of Education Deputy Superintendent Boyd Michael be contacted regarding wording in the proposals affecting them. The Commissioners discussed issues regarding the Forest Conservation Ordinance and the best way to approach the Delegation with the County’s concerns. The County Attorney’s Office was directed to obtain additional information on this issue. President Barr was excused from the meeting at 2:13 p.m. and Vice President Baker assumed the Chair. WASHINGTON COUNTY COURTHOUSE RENOVATION CONTRACT County Administrator Greg Murray provided a history of the courthouse renovation project and the requested modifications performed by contractor C. William Hetzer. Public Works Director Joe Kroboth, III and Project Manager Gary Pozzouli offered additional information, previously requested by the Commissioners, regarding the figures used to arrive at the requested change order amount of $210,731.48. The Commissioners discussed the information presented. January 19, 2010 Page seven Commissioner Wivell, seconded by Aleshire, moved to approve Change Order #79, valued at $210,731.48 for the Courthouse Annex Renovation Project, and to approve a budget transfer from the Courthouse Security Improvement Contract (BLD056) to the Courthouse Annex Renovation Project (BLD001) for $77,000.00 to cover a budget shortfall. The motion was unanimously approved. County Attorney – Rezoning Amendments Follow-up Kirk C. Downey, Assistant County Attorney, returned to the meeting with final enacting ordinances relating to the earlier-discussed and approved rezoning text amendments. He stated that the appropriate wording for the motions would be to request a motion to approve Ordinance No. ORD-2010-01, which is ”An Ordinance To Amend Certain Provisions To the Zoning Ordinance For Washington County, Maryland And To Reenact Said Ordinance With Changes Relating To Its Text (RZ-09-007)”; and likewise to request a motion to approve Ordinance No. ORD-2010-02, which is “An Ordinance To Amend Certain Provisions To The Zoning Ordinance for Washington County, Maryland And To Reenact Said Ordinance With Changes Relating To Its Text (RZ-09-006)”, as discussed and approved earlier in today’s meeting. Commissioner Wivell, seconded by Kercheval, moved to adopt Ordinance No. ORD-2010-01 as it relates to administrative adjustments and changes to the Washington County Zoning Ordinance. Commissioner Aleshire stated that he was opposed to the issue as it relates to timing allowed for citizen response, the lack of the posting of property, and the equal applicability to commercial property. The motion was approved with Commissioners Wivell, Kercheval and Baker voting “AYE” and Commissioner Aleshire voting “NO.” Commissioner Wivell, seconded by Aleshire, moved to adopt Ordinance No. ORD-2010-02 as it relates to changes to the Washington County Zoning Ordinance regarding signs permitted without zoning permits as discussed this morning. The motion was unanimously approved. CONVENE IN CLOSED SESSION Commissioner, Aleshire, seconded by Kercheval, moved to convene in closed session at 2:41 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. The motion was unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell; and Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; and Kirk C. Downey, Assistant County Attorney. January 19, 2010 Page eight RECONVENE IN REGULAR SESSION Commissioner Wivell, seconded by Aleshire, moved to convene in open session at 3:42 p.m. The motion was unanimously approved. ADJOURNMENT Commissioner Aleshire, seconded by Kercheval, moved to adjourn at 3:42 p.m. The motion was unanimously approved. _______________________________ County Administrator _______________________________ County Attorney ____________________________ County Clerk