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HomeMy WebLinkAbout09.28.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland September 28, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 1:35 p.m. with the following members: Vice President Terry L. Baker and Commissioner James F. Kercheval. FINAL REPORT — RESIDENTIAL ECONOMIC STIMULUS PROGRAM Dan DiVito, Permits Director, provided a final report on the Residential Economic Stimulus Program (Program) sponsored by the Commissioners earlier in the year, including an analysis of its fiscal impact. Mr. DiVito stated that 25 new homes and 42 home additions were applied for during the Program and that approximately 78 projects are still active. (Commissioners William J. Wivell and Kristin B. Aleshire arrived at 1:40 p.m.) Mr. DiVito informed the Commissioners that the total gross value cost of the Program was $309,024.30. He felt that it had an immediate positive impact on the number of construction projects and related employment in the County. However, the Program's operation did not lead to a better economic environment, which was affected by major workforce reductions and other economic factors. The Commissioners discussed the Program and it was noted that it did not negatively affect the County. PUBLIC HEARING — AGRICULTURAL PRESERVATION EASEMENT RANKINGS FY 2011-2012 A hearing was convened at 2:15 p.m. by President Barr to obtain public comment on the proposed Agricultural Preservation Easement Rankings for Fiscal Years 2011-2012. Eric Seifarth, Rural Preservation Administrator, provided information on the program. He indicated that the Board of County Commissioners approves the priority ranking order from a list recommended by the Advisory Board and then forwards the top ten farms on the ranking list to Annapolis. Mr. Seifarth advised that pursuant to a new Maryland law that requires the Maryland Agricultural Land Preservation Foundation (MALPF), as well as all counties, to maintain confidentiality for easement applicants, only the Commissioners' packets contain the actual names of applicants. He stated that funding was available for 500 acres, or approximately three applicants, this year. Commissioner Barr opened the hearing for public comment. Jay Miller of 16606 Shaffer Road, Sharpsburg, questioned whether he could personally be told his property's ranking. Mr. Seifarth stated that he could not, pursuant to direction from the Attorney General's Office. September 28, 2010 Page 2 There were no other individuals present who wished to comment. Assistant County Attorney Andrew F. Wilkinson referred to an email received from Alice and Per Olaf Bachman requesting that their property located on, Manor Church Road be considered for the Program. The printed email was entered into the record (Exhibit #1.) The public hearing was closed at 2:25 p.m. The Commissioners discussed the proposed properties. Commissioner Kercheval, seconded by Wivell, moved to approve the priority ranking system recommended by the Advisory Board and to forward the top ten properties on the ranking list to Annapolis. Commissioner Wivell questioned why appraisals for ten properties were paid for when only three would be accepted. Mr. Scifarth replied that it was due to issues that may narrow down the applicants during the process such as title problems or the refusal of applicants to participate in the program, and the fact that additional or alternative properties cannot be added to the list after the initial submission. Commissioner Aleshire expressed the opinion that there are deficiencies on how the program is applied. The motion passed with Commissioners Kercheval, Wivell, Baker, and Barr voting "AYE" and Commissioner Aleshire "NO." PUBLIC HEARING — REVISIONS TO THE ANIMAL CONTROL ORDINANCE A public hearing was convened at 2:32 p.m. by President Barr to obtain comments regarding the proposed revisions to the Animal Control Ordinance (Ordinance) for Washington County, Maryland, Assistant County Attorney Kirk C. Downey provided information concerning the incorporated revisions to the latest draft of the Ordinance. The Commissioners also discussed revisions recently suggested by the Humane Society for Washington County (HSWC). Commissioner Barr opened the hearing for public comment. Paul Miller, Director-HSWC, distributed and discussed comments concerning provocation, licensing, rabies vaccinations, and spaying and neutering of animals (Exhibit #2). Eleanor Lakin, President-HSWC, thanked the Commissioners for supporting the efforts of the organization. Pat Miller, owner of Peaceable Paws, LLC and a Certified Professional Dog Trainer and Dog Behavior Consultant, distributed and read a statement to the Commissioners (Exhibit #3). She discussed the term "provocation" as used in the Ordinance and asked that the term "dominance" be removed. Tom Berry, Park Hall Road, Rohrersville, questioned what a citizen could legally do to fend off a dog that attacks without provocation. He stated that pedestrian rights should be defined in the Ordinance and discussed the problem of constantly barking dogs. Mr. Berry September 28, 2010 Page 3 suggested that owners of dogs over 30-40 pounds be required to obtain insurance policies covering possible injuries that may be made by their dogs. Attorney Brian Kane, a Washington County resident and past Chair of the Animal Control Authority (ACA), stated that the issue of handling vicious and dangerous dog cases under the current Ordinance was a recurring problem during his term. He commented that the proposed provision relating to potentially vicious and dangerous dogs was structured properly and he recommended approval. Mr. Kane felt that the term "provocation" was too restrictive. He also objected to the proposal to allow non-resident ACA members, suggested that a dog -licensing database be maintained, and recommended that the County's Permits Department add corresponding secretary duties to the current recording secretary's duties. Ronald Leggett of Boonsboro, President of the Washington County Farm Bureau and previous ACA Board member, stated that the Farm Bureau is requesting a leash law in the proposed Ordinance so that owners would have their animal under control at all times. Karlen Keto of Yarrowsburg spoke against lifetime dog licensing and noted that it was difficult to find a convenient license vendor in the County. She also suggested that cats be required to be licensed. Dr. Katie Carr, the current veterinarian representative on the ACA, echoed the comments made in support of the proposed provisions for vicious and dangerous dogs and felt that the definition of provocation is captured under the vicious and dangerous definition area. Dr. Carr stated that barking dog complaints are subjective and difficult to handle during the ACA hearings and suggested that the subject may need more scrutiny in the Ordinance. Attorney Adam Greivell, Washington County resident and the current ACA Chair commented on the vicious and dangerous dog proposal and the term "provocation." He felt that both schemes cannot be included in the Ordinance and that the term "provocation" should be stricken from the definition area. Connie and Marshall Bowman, Sr. of Boonsboro, distributed photos of injuries sustained by their dog that was attacked by a dog declared to be vicious and dangerous. Ms. Bowman felt that the HSWC did not respond effectively to the incident. She also commented that an owner should not have to take the attacking dog's owner to court to be reimbursed for veterinarian costs. Tom Berry made additional comments that a leash law is not adequate to control larger dogs. He suggested a provision for homeowners that are threatened by dogs on their own property. September 28, 2010 Page 4 The public hearing was closed at 3:30 p.m. The Commissioners discussed the proposed Ordinance and the public comments made during the hearing. It was their consensus to direct County Staff to work with the HSWC to make the suggested revisions to the draft Ordinance and then discuss its adoption at a future meeting. CONTRACT AWARD (PUR-1143)— PROVISION OF THE TOMORROW'S LEADERS PROGRAM IN WASHINGTON COUNTY, MARYLAND Karen Luther, Purchasing Agent, and Stephanie Stone, Director -Washington County Community Partnership for Children and Families (WCCP) recommended award of PUR- 1143 — Provision of the Tomorrow's Leaders Program in Washington County, Maryland, to the responsive, responsible sole proposer - The Boys & Girls Club of Washington County, Inc., of Hagerstown, Maryland, for $64,181.00. Ms. Luther indicated that the service is to fulfill the requirements of the Washington County Community Partnership's (WCCP) Community Partnership Agreement for Fiscal Year 2011 with the Governor's Office for Children. She also stated that the Local Management Board had approved the recommendation. Ms. Stone advised that the contract's term would begin on October 1, 2010 and end on June 30, 2011, with funding requests to be made annually by the WCCP for two additional option years. Commissioner Aleshire, seconded by Kercheval, moved to award the contract for the Provision of the Tomorrow's Leaders Program in Washington County, Maryland to the responsive, responsible sole proposer, The Boys & Girls Club of Washington County, Inc., of Hagerstown, Maryland, for $64,181.00. The motion passed unanimously. BID AWARD (MS -PMP -144-28) PAVEMENT MAINTENANCE & REHABILITATION PROGRAM FY 2011 — HOT ASPHALT APPLICATIONS Robert Slocum, Deputy Director, Public Works -Capital Projects, appeared before the Commissioners to discuss the Pavement Maintenance and Rehabilitation Program bid award. Mr. Slocum recommended awarding the contract to the lowest responsive, responsible bidder, Craig Paving, Inc., for $2,358,550.53, and to approve additional work at the same unit prices with any remaining funds in the FY 2011 Pavement Maintenance and Rehabilitation budget, upon completion of the proposed work. Commissioner Kercheval expressed concerns that the work might not be performed before the winter weather arrives and that it would be properly done. Mr. Slocum discussed the amount of paving funds remaining in the budget and how much work those funds would cover. Commissioner Wivell posed questions regarding the bid process and the time it takes to be presented to the Commissioners. Commissioner Aleshire, seconded by Kercheval, moved to award the Pavement Maintenance and Rehabilitation FY 2011— Hot Mix Asphalt Applications contract to the lowest responsive, responsible bidder, Craig Paving, Inc., for $2,358,550.53, as presented September 28, 2010 Page 5 by staff. The motion passed with Commissioners Aleshire, Kercheval, Baker, and Wivell voting "AYE" and Commissioner Barr "ABSTAIN." The Commissioners discussed the condition of several roads in the County and their priority listing with Joe Kroboth, III, Public Works Director and Ed Plank, Highway Department Director. EVENING MEETING — TOWN OF BOONSBORO President John F. Barr called the evening session of the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 7:08 p.m, at The Eugene C. Smith Community Center, 37 Park Drive, Boonsboro, 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 The Invocation was delivered by Commissioner Barr followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — Sentember 21.2010 Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of September 21, 2010 with incorporated changes. The motion passed unanimously. COMMISSIONERS' REPORTS AND Commissioner Baker thanked Boonsboro citizens for turning out this evening. He suggested that the Commissioners consider twice -yearly meetings in the municipalities. Commissioner Wivell thanked the Town for hosting the meeting. He stated that he attended a Social Services Board meeting and toured the new location of the Family Center planned at McRand Court. Mr. Wivell was present at the Total Maximum Daily Loading (TMDL) presentation to elected officials held at South Hagerstown High School. He urged citizens to be aware of the potential impact of what will be mandated in the future through the Environmental Protection Agency (EPA). Commissioner Aleshire reported on the Community Free Clinic's Open House for its newly established Charitable Gifting Program. He attended meetings of the Solid Waste Advisory Board and Council of Governments. Mr. Aleshire was present at the Maryland Municipal League (MML) meeting held in Keedysville and the TMDL meeting. He enjoyed the Smithsburg Steam and Craft Show and a chili cook -off fundraiser for the Teen Pregnancy Coalition. Commissioner Aleshire met Monday morning with the Permits Advisory Committee. He reported a meeting with a representative of the Westfields Development to discuss excise tax doubling. He thanked the Town for the warm welcome. Commissioner Kercheval attended the Washington County Museum's Major Donor Recognition Program and noted that President Barr's company, Ellsworth Electric, was September 28, 2010 Page 6 recognized for donating electrical work to its courtyard project. He reported attending the TMDL program and echoed comments made by Commissioners Wivell and Aleshire. Mr. Kercheval stated that this would be his last meeting in Boonsboro as a County Commissioner. He praised the Town for being a well-run municipality and for how it has dealt with growth issues in the past few years. Commissioner Barr attended a Safe Community agreement -signing banquet last week where Hagerstown was designated a Safe Community. He also attended the annual Associated Builders and Contractors (ABC) awards ceremony to recognize projects of major significance in the area. Mr. Barr enjoyed a spaghetti dinner at the Wilson Ruritan Club in Clear Spring and the Washington County Agricultural Museum's "Rural Heritage Museum Living History Day." He participated in a motorcycle ride fundraiser for the Cedar Ridge Children' Home. Commissioner Barr displayed a plaque that was presented to the Commissioners from the 2010 Clear Spring Little League District 1 Championship team to thank them for their support. He noted the passing of local restaurant and business owner Nick Giannaris and praised his many philanthropic activities. MAYOR AND COUNCIL COMMENTS Boonsboro Mayor Charles "Skip" Kauffman welcomed the Commissioners to the Town. He thanked outgoing Commissioners James Kercheval and William Wivell for their service to Washington County and the Town of Boonsboro. Mayor Kauffman noted concerns with a Maryland Department of the Environment -mandated wastewater treatment plant needed in the Town and the expected high expenses involved. He reiterated his past request for public transportation to be provided in the Boonsboro area. Joe Kroboth, III, Public Works Director, referred to the January 2010 "Transit Development Plan," where a consultant was asked to look into rural town transportation services. He indicated that the Town qualified for service under estimated potential riders but that the Maryland Transportation Authority has advised that no additional funding is available to any Maryland county this year. Mr. Kroboth advised citizens that the annual Transportation Tour would be held on Thursday, October 28 at 10:00 a.m. in the County Administration Building and that citizens may discuss transportation issues at that time if desired. Town Council member Cynthia Kauffman expressed concern with Monroe Road and the fact that the County would not be addressing its poor condition for at least six years. Joe Kroboth provided details of how County roads are ranked for repairs and the estimated costs to repair Monroe Road. He also discussed the poor condition of Gilardi and Mousetown Roads but agreed that Monroe Road has deteriorated faster than expected. Council member Barbara Wetzel requested information on tax relief programs available to homeowners. County Treasurer Todd Hershey provided information on the Homestead Tax Credit and several other programs. He stated that the deadline to apply for the Non Homeowner -Occupied tax credit has been extended to November 1, 2010. September 28, 2010 Page 7 Commissioner Baker discussed the Monroe Road situation and advised that some funds may be available due to a bid that came in lower than expected during the morning session. He proposed that some of those funds be directed to improve Monroe Road. Commissioner Aleshire preferred to follow the County's schedule for road repairs that is set through road evaluations. Commissioner Wivell indicated that he would be in favor of spending up to $75,000.00 toward the road improvements. Commissioner Kercheval requested re- evaluations of all the Boonsboro roads discussed earlier to compare with the County's current priority list. Joe Kroboth advised that he would direct Staff to develop estimates for a certain amount of work on Monroe Road at a certain cost level and return to a future County Commissioner meeting for a decision. Jenny Sarnecki of the Boonsboro Recycling Task Force introduced Rosemary James, the group's new Chair. Ms. James presented concerns about recycling in the town and recycling as a whole. Members of the Task Force requested that Washington County establish a curbside recycling program. Commissioner Aleshire commented that the cost of such a program exceeded its benefits and noted the dumping that occurs at several current container sites. Commissioner Wivell felt that curbside recycling at this time was fiscally irresponsible and that other options were available to save resources. CITIZENS PARTICIPATION Martin Lumm of Hagerstown commented that the Maugansville Ruritan Club posted "Please Do Not Dump" signs at the County's recycling bins located at the Ruritan building and the practice of dumping has mostly stopped. County Administrator Greg Murray informed attendees that a newly hired Recycling Coordinator, with expanded recycling duties, has just begun working for the County. REPORTS FROM COUNTY STAFF Public Works Joe Kroboth discussed the Maryland Department of Transportation's Annual Tour Meeting noted earlier. He stated that Washington County's priorities were previously conveyed to Transportation Secretary Beverly Swaim-Staley's staff. Mr. Kroboth advised that he attended the first Blue Ribbon Commission on Transportation Funding meeting in Annapolis yesterday. The group will discuss recommendations that ultimately will be forwarded to the governor. He reminded citizens of the public information meeting to be held in this Boonsboro Community Center tomorrow, September 29 at 7:00 p.m. to provide information on the Marble Quarry Road bridge replacement project. OTHER BUSINESS Appointments to Countv Boards and Commissions Washimaon Countv Fire & Rescue Communications Advisoiv Committee Commissioner Wivell, seconded by Aleshire, moved to appoint David "Skip" Menzies and Ernie Truax to the Washington County Fire & Rescue Communications Advisory September 28, 2010 Page 8 Committee for three-year terms, extending through May 31, 2013; and to appoint William Ball, III to a two-year term, extending through May 31, 2012 - as recommended by the Washington County Volunteer Fire & Rescue Association (WCVFRA). The motion passed unanimously. Emeraencv Services Advisory Council Commissioner Wivell, seconded by Aleshire, moved to appoint Glenn Dale Fishack, Jr. tc the Washington County Emergency Services Advisory Council as the representative from the WCVFRA for a three-year term, extending through May 31, 2013. The motion passed with Commissioners Wivell, Aleshire, Baker, and Barr voting "AYE" and Commissioner Kercheval "NO." Mental Health Advisory Committee for Washinaton Countv Commissioner Baker, seconded by Aleshire, motion to approve the appointment of Monda Sagalkin and David McAllister to their first three-year terms as at -large members of the Mental Health Advisory Committee for Washington County, extending through September 30, 2013, and also to appoint Pastor Jeremy Repp as the clergy member on the Committee, to a first three-year term through September 30, 2013. The motion passed unanimously. Countv Administrator's Comments Greg Murray thanked the Mayor, Council, and citizens for the warm welcome and stated that he appreciates input received from the Town. He indicated that the Commissioners' meetings are available on the County's website and on Antietam Cable's "Video on Demand" service. Mr. Murray requested approval of a Family Law Fund grant of $167,964.00 to the Sheriff's Department, stating that funds for the program were formerly a direct reimbursement but are now a grant, due to changes at the federal level. Commissioner Kercheval, seconded by Aleshire, moved to approve the grant as presented. The motion passed unanimously. Mr. Murray requested approval of a grant for $46,559.00 from the Maryland Transit Administration using American Recovery and Reinvestment Act (ARRA) stimulus sources. Joe Kroboth explained that funds are for projects in the County's Capital Improvement Project (CIP) that may cover such items as preventive maintenance and repairs to the facility. Commissioner Kercheval, seconded by Aleshire, moved to approve the grant as presented. The motion passed unanimously. Greg Murray reminded the Commissioners that their October 5 meeting would include a public hearing for map amendment RZ-10-003 at 7:45 p.m. in the Town of Hancock. He also mentioned the upcoming public hearings regarding the Urban Growth Area rezoning that are scheduled on October 12 and 14 at 7:00 p.m. in HCC's Kepler Theatre. September 28, 2010 Page 9 ADJOURNMENT Commissioner Baker, seconded by Kercheval, moved to adjourn the meeting at 8:45 p.m. The motion passed unanimously. County Administrator �� r� , 0 X, �-� County Attorney __-- County Clerk