HomeMy WebLinkAbout07.13.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
July 13, 2010
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 8:38 a.m. with the following members:
Commissioners 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 — July. 6, 2010
Commissioner Kercheval, seconded by Wivell, moved to approve the minutes of July 6,
2010 with incorporated changes. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Kercheval informed the Commissioners that he attended and testified
during the public hearing held last evening regarding accreditation of the Sheriff's
Department. Mr. Kercheval was present at Hagerstown Community College's (HCC)
presentation of its Master Facilities Plan for future projects. He also attended the Planning
Commission Board meeting where the HCC Master Facilities Plan was approved. He noted
that a planned addition to the Kepler Theatre and the County's Senior Center at HCC were
also approved. Commissioner Kercheval stated that the Planning Commission Board has
recommended express approval for the three annexation requests to be discussed later in
today's meeting.
Commissioner Wivell had no comments.
Commissioner Barr reported that he attended a meeting of the PenMar Development
Board. He noted that the Lemon-Biser lawsuit is still ongoing and that all development at
PenMar is on hold until the case is decided. He attended the One Mountain Foundation
Gala held last weekend.
(Commissioner Aleshire arrived at 8:45 a.m.)
Commissioner Aleshire reported that he attended the State Highway Administration
informational meeting held at Springfield Middle School regarding future improvements
planned at Maryland Rt. 63. Mr. Aleshire was present at the Williamsport Mayor and
Council meeting where expansion plans for a basin ramp for river access were discussed.
He also spoke at and attended the public hearing regarding accreditation of the Sheriffs
Department.
(Commissioner Baker arrived at 8:48 a.m.)
July 13, 2010
Page 2
Commissioner Baker had no comments.
PUBLIC HEARING — APPLICATION TO CLOSE AND RELOCATE A PORTION
OF OLD FORGE ROAD
President Barr convened a public hearing at 9:00 a.m. to obtain citizen comments
regarding the application by Holcim, Inc. (Holcim) to close and relocate a portion of Old
Forge Road and Shiloh Church Road. Joe Kroboth, I11, Public Works Director, provided
details of the road relocation, to be performed by Holcim at no cost to the County. In
addition, Holcim would lease land to the County for a future park.
The Commissioners discussed the application. Commissioner Barr opened the hearing for
public comment.
Jordan Kline, 12335 Wild Cherry Lane, Hagerstown questioned whether his driveway
would be affected by the road relocation.
Individuals expressing concern that a private road in the Cortland Development would
become public were Donald Risser, 13061 Hawkins Circle, Hagerstown, President of
Cortland Villas Homeowners' Association; Ron Frew, 13140 Little Hayden Circle,
(Cortland Manor); Richard McEvoy, 12651 Covenant Way, Hagerstown; and Lemuel
Halterman, 13056 Hawkins Circle, Hagerstown.
Jason Eckstine, Chief -Longmeadow Volunteer Fire Company, questioned whether there
would be surrounding road closures during the relocation process.
The public hearing was closed at 9:35 a.m.
The Commissioners commented further on the application and Staff answered questions
regarding the project and the spur depicted on the map exhibit. Assistant County Attorney
Andrew F. Wilkinson reminded all that the public hearing concerned only the road
relocation project and that any matter regarding the possible spur segment would be
addressed during a separate process in the future. Commissioner Wivell proposed that a
motion regarding the application include wording that a public hearing would be held in
the future when the issue relating to the spur is addressed.
Commissioner Wivell, seconded by Aleshire, moved to approve the resolution authorizing
the closure and relocation of Old Forge Road, with the understanding that the future
connection of Relocated Old Forge Road or Eastern Boulevard Extended to Cortland Drive
is not part of the approval of this Resolution and would be addressed by a separate public
hearing at a later date. The motion passed unanimously. (Resolution RS -2010-15 is located
in the County Commissioners' Office.)
July 13, 2010
Page 3
DEVIL'S BACKBONE DAM PROJECT
Joe Kroboth, III, Public Works Director, requested authorization from the Commissioners
to accept a State Grant and execute a Capital Projects Grant Agreement with the State
Board of Public Works regarding the Devil's Backbone Dam (Dam) repair project. Mr.
Kroboth informed the Commissioners that up to 50% or $550,000.00, with the County
providing a matching amount, was available toward the costs of engineering and
construction work to mitigate deterioration and risk of structural failure of the Dam. The
Commissioners discussed the issue and how the matching funds would be provided.
Commissioner Aleshire, seconded by Kercheval, moved to authorize the acceptance of a
State Grant and execution of the Capital Projects Grant Agreement with the State Board of
Public Works as presented. The motion passed with Commissioners Aleshire, Kercheval,
Baker, and Barr voting "AYE", and Commissioner Wivell "NO".
DEVIL'S BACKBONE DAM -ALTERNATIVE ANALYSIS
Rob Slocum, Deputy Director, Public Works -Capital Projects, provided background
information on the Devil's Backbone Dam (Dam) and the earlier mandate from the
Maryland Department of the Environment (MDE) to the County that immediate measures
must be undertaken to mitigate the deteriorating condition of the Dam. Mi•. Slocum stated
that County Staff was monitoring the Dam on a daily basis. He noted that the original
deadlines set by MME had passed but he had submitted a request for an extension while
details of the mitigation are being worked out.
John Keenan, Associate and Senior Structural Engineer, and Greg Iskra, Associate
Environmental Engineer -Wallace, Montgomery & Associates, LLP, presented a
PowerPoint presentation of a report entitled "Dam Analysis for Devil's Backbone Dam
along Antietam Creek". The report entailed the various aspects of repairing, removing, or
historically rebuilding the Dam. The firm recommended that the fastest and least -expensive
option was to repair the Dam. The Commissioners discussed the information presented, the
timeline and costs involved with each option, and whether the Maryland Historical Trust
(MHT) would approve the plan that is chosen. Commissioner Wivell stated that the report
was biased toward repairing the Dam and that the cost estimates were not in line with those
mentioned by dam -removing advocates. It was the consensus of the Commissioners to
obtain more information on dam removal costs, the availability of grants to cover those
costs, and to discuss the matter at a future meeting. County Staff was directed to contact
MHT regarding its position on the possible alternatives.
CITIZENS PARTICIPATION
Sally Hatch, 1201 Jefferson Blvd., Hagerstown, commented on the Dam project and
pollution in the Antietam Creek affecting endangered fish species. She also suggested that
the County make some clarifications on the recently mailed tax bills and the new tax credit
for senior citizens.
July 13, 2010
Page 4
Carroll Earp of 20315 Ayoub Lane, Black Rock Estates, Hagerstown City limits,
commented on a recent house fire in the development last week and the lack of water
pressure experienced by residents in the area and firefighters battling the blaze.
OTHER BUSINESS:
REPORTS FROM COUNTY STAFF
Human Resources
William Sonnik, Human Resources Director, stated that due to an internal promotion, the
Highway Department is requesting to advertise to fill a full-time, Grade 7, Motor
Equipment Operator II position at the Central Section.
Commissioner Aleshire, seconded by Kercheval, moved for approval as presented. The
motion passed unanimously.
TOWN OF KEEDYSVILLE — ANNEXATION REQUEST
Mike Thompson, Planning Director, Edward Kuczynski, Attorney for the Town of
Keedysville, and Fred Frederick, Professional Engineer -Frederick, Seibert and Associates,
Inc. presented an annexation request from the Town of Keedysville to permit Suburban
Residential zoning of 18.5 acres (Bostetter Pump Station Annexation) located on the east
side of the current municipal boundary. Mr. Kuczynski detailed the need for the annexation
and requested the express approval by the Commissioners. The Commissioners discussed
the matter.
Commissioner Wivell, seconded by Aleshire, moved to grant express approval to the Town
of Keedysville for the 18.5 acres of land discussed, for the zoning to be annexed as
Suburban Residential (SR), even though it is presently zoned Preservation (P) under the
County Zoning Ordinance. The motion passed unanimously.
CITY OF HAGERSTOWN — ANNEXATION REQUESTS
Mike Thompson, and Stuart Bass, Senior Planner -City of Hagerstown, requested the
annexation of two properties into the City of Hagerstown.
Mr. Thompson provided details of the annexation request regarding approximately two
acres of land located north and west of the existing municipal boundary of the City of
Hagerstown, currently the site of a bowling alley and office. The annexation requests a
change in zoning from BL (Business Local) to C2 (Commercial General) under the City of
Hagerstown Zoning Ordinance.
Commissioner Aleshire, seconded by Wivell, moved to grant express approval for the
zoning proposed for the property upon annexation to the City of Hagerstown as presented.
The motion passed unanimously.
July 13, 2010
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Mr. Thompson and Mr. Bass presented a second request involving an approximate 7 -acre
parcel containing the Pangborn Corporation property, currently zoned IG (Industrial
General) under County designation. The City is requesting NMU (Neighborhood Mixed
Use) zoning upon annexation under its Zoning Ordinance.
Commissioner Kercheval, seconded by Aleshire, moved to grant express approval for the
subject parcel. The motion passed with Commissioners Kercheval, Aleshire, Baker and
Barr voting "AYE" and Commissioner Wivell "NO".
LUNCH RECESS
The Commissioners recessed for lunch at 12:15 p.m.
AFTERNOON SESSION
President John F. Barr called the afternoon session to order at 1:28 p.m. with the following
members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F.
Kercheval and William J. Wivell.
BID AWARD — CONTRACT SERVICES AT TRANSFER STATIONS AND
ON-SITE AT FORTY WEST LANDFILL (PUR-1137)
Rick Curry, Buyer -Purchasing Department, and Cliff Engle, Deputy Director -Division of
Solid Waste, recommended awarding the bid for Contract Services at Transfer Stations and
On -Site at the Forty West Landfill to the responsive, responsible, low bidder, Peck's
Refuse Disposal, LLC of McConnellsburg, Pennsylvania. Mr. Engle provided details on
the contract.
Commissioner Kercheval, seconded by Wivell, moved to award the bid for Contract
Services at Transfer Stations and On -Site at the Forty West Landfill to the responsive,
responsible, low bidder, Peck's Refuse Disposal, LLC of McComiellsburg, Pennsylvania
based on the Total Sum Bid amount of $288,505.00, plus Alternate No. 1 for cardboard
transport in the amount of $1,800.00 for a total amount of $290,305.00 (based on annual
estimated pulls/unit cost from each location. The motion passed unanimously.
ESTABLISHMENT OF COUNTY PRIORITIES FOR MARYLAND
DEPARTMENT OF TRANSPORTATION ANNUAL TOUR MEETING
Joe Kroboth, III, Public Works Director, and Mike Thompson, Director -Planning
Department, informed the Commissioners that the Department of Transportation's Annual
Tour meeting is scheduled for September 30, 2010 at 10:00 a.m. in the County
Administration Building. Mr. Kroboth requested direction from the Commissioners
regarding the transportation priorities to be discussed during the meeting. The
Commissioners discussed the proposals and suggested several items for discussion.
(President Barr was excused from the meeting at 1:55 p.m. and Vice President Baker
assumed the chair.)
July 13, 2010
Page 6
CONTRACT AWARD — NO.2 HEATING FUEL
Karen Luther, Purchasing Agent, and Jim Sterling, Director -Parks and Recreation
Department, presented a recommendation from Washington County Public Schools
(WCPS) to award the contract for Washington County Government's #2 heating fuel to the
lowest, responsible bidder, James River Solutions of Ashland, Virginia for tank wagon
deliveries at a bidder factor of $0.1450 per gallon over the weekly wholesale average price
for #2 heating oil as published in the Oil Price Information Service bulletin (OPIS, Pad 1,
Baltimore gasoline and distillate reseller prices.) Ms. Luther provided details regarding the
contract, which would begin August 1, 2010 and provide for up to two 1 -year options for
renewal.
Commissioner Kercheval, seconded by Aleshire, moved to concur with the Washington
County Public Schools' reconunendation and award the contract for Washington County
Government's #2 heating fuel oil to the lowest, responsible bidder, James River Solutions
of Ashland, Virginia as presented. The motion passed unanimously.
RESOLUTION — DESIGNATION OF THE MARYLAND STATE POLICE AS THE
LAW ENFORCEMENT AGENCY RESPONSIBLE FOR JUNK AND SCRAP
METAL PROCESSOR RECORDS MANAGEMENT
Andrew F. Wilkinson, Assistant County Attorney, informed the Commissioners that the
Business Regulation Article in the Marvland Code requires each county's governing body
to designate by resolution the primary law enforcement unit responsible to receive records
concerning the activities of junk dealers and scrap metal processors in the County. The
Maryland State Police has agreed to be the primary law enforcement unit responsible to
receive such records within Washington County.
Commissioner Aleshire, seconded by Kercheval, moved to designate the Maryland State
Police as the Law Enforcement Agency responsible for junk and scrap metal processor
records management. The motion passed unanimously. (Resolution No. RS -2010-16 is
located in the County Commissioners' Office)
SOUTH COUNTY PUBLIC SAFETY COMMUNICATIONS SITE
Joe Kroboth, III, Public Works Director, and Pete Loewenheim, Manager -Communications
Maintenance, appeared before the Commissioners to recommend that Staff be authorized
to submit the appropriate application and supporting documentation to the Federal
Communications Commission (FCC) for licensing the south county public safety
communications site along Brown Road. Mr. Kroboth and Mr. Loewenheim detailed the
history of how the currently recommended site was chosen. The Commissioners discussed
the recommendation.
Conunissioner Wivell, seconded by Kercheval, moved to authorize Staff to submit the
appropriate application and supporting documentation to the FCC for licensing the south
county public safety communications tower site along Brown Road. Commissioner
July 13, 2010
Page 7
Aleshire commented that County Staff had spent a large amount of time on the proposal
and it would now be good to obtain feedback from the State. The motion passed
unanimously.
WEED COMPLAINTS ON FORECLOSED PROPERTIES
Joe Kroboth, III, Public Works Director, and Dan DiVito, Permits and Inspections
Director, discussed citizen complaints regarding tall grass and weeds on properties
undergoing foreclosure and the cost and time incurred by the Highway Department to mow
these properties. Mr. Kroboth suggested that the County contract with local landscape/yard
service companies for mowing services but continue to charge a per event monetary
amount to encourage owners to perform the service themselves. Mr. DiVito advised that
his department has received 173 weed complaints from April 2010 to date. The
Commissioners discussed proposals for contracting the service and the how rates would be
set. It was the consensus of the Commissioners to authorize staff to proceed to develop a
program, working with various County departments, to contract clearing and mowing
operations to a private sector company and return at a future meeting to discuss the
proposal.
BID AWARD — PAVEMENT MAINTENANCE AND REHABILITATION
PROGRAM FY 2011— CHIP SEAL APPLICATIONS
Rob Slocum, Deputy Director, and Vicky McKenzie, Project Manager -Public Works
Capital Projects provided information regarding the recommendation that the award for
Pavement Maintenance & Rehabilitation Program FY 2011 Chip Seal Applications go to
American Paving Fabrics, Inc. Mr. Slocum discussed the details with the Commissioners.
Commissioner Kercheval, seconded by Aleshire, moved to award the Pavement
Maintenance and Rehabilitation Program FY 2011 Chip Seal Applications contract to the
lowest responsive, responsible bidder, American Paving Fabrics, Inc. of Hanover,
Maryland for the total contract amount of $917,751.77. The motion passed unanimously.
HAGERSTOWN/EASTERN PANHANDLE MPO FY 2011 BUDGET
Jill Baker, Senior Planner -Planning Department, and Robert Gordon, Director-
Hagerstown/Eastern Panhandle Metropolitan Plamring Organization (MPO) appeared
before the Commissioners to recommend the acceptance of grant funding regarding MPO's
FY 2011 budget. Ms. Baker indicated that Washington County acts as the cognizant
agency for MPO and funding is provided at an 80% Federal, 10% State, and 10% local
cost-sharing ratio. Washington County's match requirement would be $19,155.00.
Commissioner Kercheval, seconded by Aleshire, moved to approve the grant funding as
described in the agenda packet. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Wivell, seconded by Kercheval, moved to convene in closed session at 3:10
p.m. to discuss the appointment, employment, assignment, and/or removal of appointees,
July 13, 2010
Page 8
employees, or officials over whom it has jurisdiction; to discuss other personnel matters
that affect one or more specific individuals, to consult with counsel to obtain legal advice;
to consult with staff about potential litigation; and to consider a matter than concerns a
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. The motion passed unanimously.
In closed session, the Commissioners discussed the appointment, employment, assignment,
and/or removal of appointees, employees, or officials over whom it has jurisdiction;
discussed other personnel matters that affect one or more specific individuals, consulted
with counsel to obtain legal advice; consulted with staff about potential litigation; and
considered a matter than concerns a proposal for a business or industrial organization to
locate, expand, or remain in the State. Present during closed session were Commissioners
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also
present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John
Martirano, County Attorney; and at various times William Sonnik, Director -Human
Resources; Norman Bassett, Public Information Officer; Dan DiVito, Director -Permits and
Inspections Department, Jim Sterling, Director -Recreation and Parks Department; Tim
Troxell, EDC Director, and Debbie Everhart, EDC Director -City of Hagerstown.
RECONVENE IN OPEN SESSION
Commissioner Wivell, seconded by Kercheval, moved to reconvene in open session at
4:39 p.m. The motion passed unanimously.
APPOINTMENTS TO BOARDS AND
ANIMAL CONTROL AUTHORITY
Commissioner Aleshire, seconded by Wivell, moved to appoint Betsy Herbst to a first
three-year term as the agricultural community representative on the Animal Control
Authority through July 30, 2013. The motion passed unanimously.
AGRICULTURAL EDUCATION CENTER, INC.
Commissioner Aleshire, seconded by Kercheval, moved to appoint Mary Ellen Waltemire,
Joseph Layos, and Dave Moore to the Agricultural Education Center Board for their first
three-year terms extending through April 30, 2013. The motion passed unanimously.
RECREATION AND PARKS BOARD
Commissioner Aleshire, seconded by Kercheval, moved to appoint Jeff Semler and Rich
Hawkins to the Recreation and Parks Board for their first three-year terms extending
through April 30, 2013. The motion passed unanimously.
July 13, 2010
Page 9
ADJOURNMENT
Commissioner Wivell, seconded by Kercheval, moved to adjourn at 4:42 p.m. The motion
passed unanimously.
County Ad inistrator
I
County Attorney
c:
County Clerk