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HomeMy WebLinkAbout10.19.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 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 present: Commissioners James F. Kercheval and William J. Wivell. INVOCATION AND PLEDGE OI{' ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — Sentember 28.2010 and October 5, 2010 Commissioner Kercheval, seconded by Wivell, moved to approve the minutes of September 28, 2010 and October 5, 2010. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval reported that he met with Bob Gordon of the Hagerstown Eastern Panhandle Metropolitan Planning Organization (MPO) to review its bylaws. lie attended a recent meeting of the Business Tax Reform Commission in Annapolis where a recommendation for counties to receive blanket authority to adjust tax credits for economic development incentives was discussed. Mr. Kercheval noted that the Local Management Board held a food drive for Food Resources. He attended the ribbon -cutting ceremony for the new Sierra Nevada Aviation hangar 66, and commended Hal Lucas for organizing the event and thanked Congressman Bartlett for speaking. Commissioner Kercheval expressed condolences to the family of former Herald -Mail reporter Marlo Barnhart who passed away last week. He reported receiving a letter requesting that a support letter be sent from the Commissioners for the Tristate Community Health Center. County Administrator Greg Murray reported that a letter was being written for review by the Board. Commissioner Wivell also congratulated Sierra Nevada on the new aviation Hangar. (Commissioner Kristin B. Aleshire arrived at 9:41 a.m.) Commissioner Aleshire reported that he was present at the Sierra Nevada ribbon cutting ceremony. He attended the Economic Development Commission (EDC) Board meeting where topics included the public hearing process for the Urban Growth Area (UGA) rezoning. Mr. Aleshire was present at the annual meeting of the Washington County Club Association. He noted that the improvements recently performed by CSX to the Oak Ridge railroad crossing were better but that the crossing was still not very smooth. Commissioner Aleshire attended a meeting of the local impact group regarding hunger in the community. He reported on a presentation given by fire and rescue personnel regarding electromagnetic pulses (EMPs.) Mr. Aleshire thanked Congressman Bartlett for his presentation during the meeting. October 19, 2010 Page 2 Mr. Kercheval advised that a quorum was not present at the Planning Commission workshop held this week to discuss comments obtained during the recent Urban Growth Area rezoning joint public hearings. He noted, though, that the consensus was to return to a more flexible zoning such as HI -1 and include other uses in that district, and to reduce the Airport's overlay zone to 7,000 feet. BRIDGE INSPECTION AND INVENTORY PROGRAM — STATUS REPORT Joe Kroboth, III, Public Works Director, Scott Hobbs, Chief, Capital Projects -Engineering, and Andrew Eshleman, Structural Engineer, Capital Projects -Engineering, presented an overview of the County's Bridge Inspection and Inventory Program (Program) to the Commissioners. Mr. Kroboth stated that the Program is a partnership within the Public Works Department along with private contractors and State and federal agencies that provide funding to replace and rehabilitate the bridges. He noted that Washington County's Program was found to be in excellent compliance by the Maryland State Highway Administration. Mr. Hobbs and Mr. Eshleman presented a PowerPoint presentation of the County's bridges. (Commissioner Terry L. Baker arrived at 10:05 a.m.) Commissioner Wivell thanked the Department of Public Works for working with the Washington County Historical Society over the years to repair and replace County bridges. OTHER BUSINESS: REPORTS FROM COUNTY STAFF Public Works Public Works Director Joe Kroboth, III informed the Commissioners that the Halfway and Massey Boulevard intersection project had been placed out for bid. He also reported attending a second meeting of the Transportation Funding Work Group at the State level. COUNTY ADMINISTRATOR Greg Murray advised that next week's Commissioners meeting would be held in the evening at the Pleasant Valley Elementary School and that no meeting would be held on Election Day, November 2. CITIZENS PARTICIPATION Maryland Theatre Board Member Ronald Bowers complimented the Commissioners and Mr. Kroboth for the redesigned Maugans Avenue and the improvements underway for the Edgewood/Robinwood Drive intersection. He thanked the Commissioners for working with the Board of Education to develop a great school system. Mr. Bowers expressed his appreciation to the Commissioners for participating in improvements to the Maryland Theatre and commented on the UGA proposals. On behalf of the Commissioners, President Barr presented a County flag to Mr. Bowers for use by the Maryland Theatre. October 19, 2010 Page 3 Mr. Murray commented that the County is fortunate to have Joe Kroboth as its Director of Public Works, noting that he is recognized statewide for his accomplishments. LEGISLATIVE REQUESTS — 2011 GENERAL ASSEMBLY Assistant County Attorney Kirk C. Downey introduced a discussion regarding certain potential legislative items considered during the October 5, 2010 Board of Commissioners' meeting. The Commissioners discussed a proposed property tax exemption of land under an agricultural easement, and Eric Seifarth, Rural Preservation Administrator -Planning Department, answered questions regarding the easements and tax policies. After discussion, it was the consensus of the Commissioners to remove the proposal from the list of potential legislative items. Stephanie Stone, Director -Local Management Board (LMB), expressed concern that State funding to the agency would be further reduced. She requested that the Delegation be briefed concerning the maintenance of local decisional authority through sustained LMB funding, so that the Delegation would be aware of the issue and could follow it closely. MDE CONSENT ORDER - DEVIL'S BACKBONE DAM Joe Kroboth requested authorization from the Commissioners to execute Consent Order DSD -2020-2, MDE Dam #271 regarding the Devil's Backbone Dam (Dam.) Mr. Kroboth indicated that the Consent Order outlines the schedule for repairs to the deteriorating Dam. The Commissioners discussed the project. Commissioners Kercheval and Aleshire questioned the State's requirement of a Consent Order since the County had already begun a repair project for the Dam. Mr. Kroboth stated that he would consult with the County Attorney's Office regarding the necessity of signing the document and report back at a future meeting. [8Z1WL'PJDRI _D/QKSIXIM D0lLV;l0_[1W1 Commissioner Kercheval, seconded by Aleshire, moved to convene in closed session at 11:02 a.m, to discuss the appointment, employment, and/or assignment of employees or officials over whom it has jurisdiction; and to discuss personnel matters that affect one or more specific individuals, 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, and/or assignment of employees or officials over whom it has jurisdiction; and discussed personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; and John Martirano, County Attorney. LUNCH RECESS The Commissioners recessed at 11:14 p.m. for lunch. October 19, 2010 Page 4 AFTERNOON SESSION, President John F. Barr called the afternoon session to order at 1:05 p.m. with the following members: Vice President.Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. APPOINTMENT — ADULT PUBLIC GUARDIANSHIP REVIEW BOARD Commissioner Kercheval, seconded by Aleshire, moved to appoint Diane Younkins as the Community Representative to the Adult Public Guardianship Review Board for a first, three-year term, extending through November 30, 2013. The motion passed unanimously. ANIMAL CONTROL ORDINANCE REVISION Assistant County Attorney Kirk C. Downey presented the proposed amendments to the Animal Control Ordinance, that incorporated comments received during the September 28, 2010 public hearing, and further refinements suggested by the Humane Society of Washington County (HSWC.) Mr. Downey advised that the word "provocation" was removed from the definition section and as a term under the "Potentially Vicious and Dangerous Dogs" and "Vicious and Dangerous Dogs" sections. He stated that Section 17 regarding Service Animals was being clarified as to how licensing would be handled. Paul Miller, Executive Director of the HSWC, suggested that the revised Ordinance become effective on January 1, 2011 so that municipalities would have time to adopt the changes. He also recommended a policy of one, two, and three-year dog licenses concurrent with rabies vaccinations. The Commissioners discussed the revisions. Commissioner Kercheval, seconded by Baker, moved to approve the Animal Control Ordinance, as amended, including the change suggested by Commissioner Aleshire to clarify the section regarding kennel licenses. The motion passed with Commissioners Kercheval, Baker, and Barr voting "AYE" and Commissioners Aleshire and Wivell "NO." (Ordinance No. ORD -2010-15 is located in the County Commissioners Office) Commissioner Kercheval, seconded by Baker, moved to approve the resolution naming the Department of Permits and Inspections as the County agency to provide administrative support to the Animal Control Authority and designating the Humane Society of Washington County as enforcement agency for the Ordinance. The motion passed with Commissioners Kercheval, Baker, Wivell, and Barr voting "AYE" and Commissioner Aleshire "NO." (Resolution No. RS -2010-20 is located in the County Commissioners' Office) The Commissioners discussed the proposed resolution to adopt licensing fees for dogs, kennels, and pet shops, and for civil penalties. Commissioner Wivell, seconded by Baker, moved to approve the resolution with amendments. Mr. Downey summarized the amendments as follows: $5 for a one year dog license and $35 for a lifetime license, said licenses to not necessarily run concurrently with a rabies vaccination period; an additional annual fee of $75 for potentially vicious and October 19, 2010 Page 5 dangerous dogs and $150 for vicious and dangerous dogs; fees for kennel licenses, pet shop and civil penalties as currently applied; and a $2.50 fee for replacement of a license tag. The motion failed with Commissioners Wivell and Baker voting "AYE" and Commissioners Aleshire, Kercheval, and Barr voting "NO." The Commissioners and Mr. Miller further discussed various proposals for licensing fees. Commissioner Wivell, seconded by Baker, moved to suspend discussion of the licensing issue and move on to the next agenda item. The motion failed with Commissioners Wivell and Baker voting "AYE" and Commissioners Aleshire, Kerclheval, and Barr voting "NO." After further discussion that resulted in no consensus on the issue, the Commissioners decided to return to the matter on a later date. APPLICATION FOR MAP AMENDMENT (RZ-10-003) Jill Baker, Senior Planner -Planning Department reviewed information regarding an application for map amendment filed by Harold Walter and Donald Tollefson. The Applicants are requesting to rezone their property located on the east side of Orchard Ridge Road near Hancock from EC (Environmental Conservation) to RB -N (Rural Business -New Floating Zone) to accommodate a proposed campground. The Commissioners discussed the application. They raised concerns about road inadequacy including width and sight distance issues, traffic volume, vagrancy, and fire suppression insufficiencies. After further discussion, it was the consensus of the Commissioners to direct the County Attorney's Office to prepare Findings of Fact to support denial of the rezoning request. CHANGE ORDER — TRANSIT BUS TRANSFER CENTER Rob Slocum, Deputy Director, Public Works -Capital Projects, and Scott Hobbs, Chief, Capital Projects -Engineering, requested approval of a Change Order to Callas Contractors, Inc. for the Transit Bus Transfer Center (Contract No. TR -CN -127-28.) Mr. Slocum detailed the problems encountered during the project, which include discovery of buried underground tanks and some contaminated and unsuitable soils. He is recommending approval of the change order on a unit price basis not to exceed $350,000.00 with a time extension of 129 additional consecutive calendar days to replace unsuitable soils, and to remove and dispose of contaminated soils and buried tanks uncovered during excavation. Mr. Slocum discussed the project and indicated that funding was reimbursable from American Recovery and Reinvestment Act (ARRA) funds with a 25% County -75% federal split. He stated that paving would likely be delayed until the spring. Commissioner Kercheval, seconded by Aleshire, moved to approve a Change Order to Callas Contractors, Inc. as described in agenda packet. The motion passed with Commissioners Kercheval, Aleshire, and Barr voting "AYE" and Commissioners Wivell and Baker "NO." October 19, 2010 Page 6 SIDEWALK EXTENSION — PANGBORNMEFFERSON BOULEVARDS Scott Hobbs recommended approval of a construction contract for $22,746.55 to the low bidder, Henson & Son, Inc. of Hagerstown, Maryland. He indicated that the project involves installation of 210 linear feet of sidewalk and curb to improve safety near the Pangborn Elementary School at Jefferson Boulevard, and includes a new connecting sidewalk between the existing sidewalk near Monroe Avenue and the handicap accessible ramp at Maryland Route 64. Mr. Slocum stated that the project is fully funded by the State Highway Administration under the Safe Routes to School Program. Commissioner Aleshire, seconded by Kercheval, moved to award the construction contract to the low bidder, Henson & Son, Inc. of Hagerstown, Maryland, for $22,746.55 as presented. The motion passed unanimously. MONROE ROAD - PAVEMENT MAINTENANCE Joe Kroboth, III, and Rob Slocum presented a proposal to use the remaining Pavement Maintenance and Rehabilitation Program funds to improve Monroe Road in Boonsboro due to its poor condition. Mr. Kroboth presented various cost proposals to perform repairs to the road but advised that it may be too late to perform paving work. He also advised the Commissioners of long-term plans by the Town of Boonsboro for a bypass and of a recent submission by a developer for a subdivision on Monroe Road. Mr. Kroboth stated that both items would affect plans for improvements to the road. It was the consensus of the Commissioners to gather more information regarding the planned Boonsboro Bypass and other developments on Monroe Road. CHANGE ORDER — PHASE IA EMERGENCY HOUSING UNIT Rob Slocum recommended approval of a Construction Change Directive/Change Order #1 to Palmer Construction, Inc. for the Emergency Housing Unit (Contract No. BL -BL -130- 28.) Mr. Slocum indicated that the change order is necessary due to unsuitable existing soil at the site, which needs to be removed and replaced to provide the required bearing capacity for the building construction. The Commissioners discussed the request. Commissioner Kercheval, seconded by Aleshire, moved to approve the construction change order to Palmer Construction, Inc. at an estimated amount of $80,000.00, which will be performed and tracked via force account and future evaluation of a time extension to remove and replace unsuitable soils uncovered during excavation. The motion passed unanimously. RECOVERY ZONE FACILITY BOND — ASSIGNMENT OF REALLOCATION Tim Troxell, Director -Economic Development Commission, and Susan Buchanan, Fiscal Specialist -Economic Development Commission, requested approval of a resolution assigning the remaining balance of unused Recovery Zone Facility Bond funds to the Maryland Industrial Development Financing Authority. Mr. Troxell advised that the Maryland Department of Business and Economic Development (DBED) has requested the return of the County's unused funds so that they could be pooled together to finance October 19, 2010 Page 7 potential projects in the State. The Commissioners discussed the request and it was their consensus to delay returning the funds pending evaluation of other projects. Mr. Troxell also requested approval of a change in the amount of Bond funds conditionally approved for the Bergman Eye Center on April 13, 2010, from $5.25 million to $5.325 million. Commissioner Kercheval, seconded by Aleshire, moved to approve a resolution concerning the Bergman Eye Center for $5.325 million of Recovery Zone Facility Bond funds from the Maryland Industrial Development Financing Authority. The motion passed with Commissioners Kercheval, Aleshire, Baker, and Wivell voting "AYE" and Commissioner Banf "ABSTAIN." ADJOURNMENT Commissioner Kercheval, seconded by Aleshire, moved to adjourn at 3:50 p.m. The motion passed unanimously. County Q- t--, r, 'County Attorney County Clerk