HomeMy WebLinkAbout12.09.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
December 9, 2014
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the
Flag by the full assemblage.
CALL TO ORDER
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 11:00 a.m. in the County
Administration Building located at 100 West Washington Street, Room 227, Hagerstown,
with the following members present: Vice President Jeffrey A. Cline and Commissioners
John F. Barr, LeRoy E. Myers, Jr., and William J. Wivell.
PUBLIC HEARING — APPLICATION FOR MAP AMENDMENT (RZ-14-005)
President Baker convened a public hearing at 11:02 a.m. to obtain public comment on the
application for Map Amendment RZ-14-005 to the Washington County Zoning Ordinance
from Applicant Jason L. Adkins/Adkins Automotive LLC. Commissioner Baker reviewed
procedures for the Public Hearing and County Clerk Vicki Lumm administered the oath to
those who planned to give testimony in the matter. Stephen Goodrich, Director, Planning
and Zoning, indicated that this second public hearing was being held due to an error in
letters sent to adjacent property owners that contained an incorrect date for the first public
hearing held October 14, 2014. He stated that this hearing was duly advertised in The
Herald -Mail newspaper, on the County's website, and through a press release. Adjacent
property owners were also properly notified.
Mr. Goodrich presented the Staff Report on behalf of the Washington County Department
of Planning and Zoning. The subject parcel is located on the west side of Crystal Falls
Drive, north of the intersection of Crystal Falls Drive and White Oaks Road, consisting of
approximately 2.3 acres. The Applicant has requested that it be rezoned from RV -Rural
Village to the RB—N Rural Business -New floating zone. Mr. Goodrich indicated that the
rezoning application meets the RB -N District requirements and staff recommends its
approval with the premise that side yard buffers would be evaluated during the zoning
appeal process and site plan review. The Planning Commission held a public meeting on
September 8, 2014 and voted unanimously to recommend approval of the map amendment.
The Commissioners reached a consensus to approve the proposal during their October 14,
2014 meeting.
The hearing was opened for public comment.
Travis Poole, Esquire, presented testimony on behalf of Applicant Jason L. Adkins. He
indicated that Mr. Adkins initially constructed the building for personal use and now
operates a business at the location. He discussed how the small business operation fits into
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the community. Mr. Poole stressed that this type business is what a floating zone was
designed for; it fills the needs of the community without negatively affecting the
neighborhood or neighbors.
Commissioner Myers requested information on floating zones, which was provided by Mr.
Goodrich. Commissioner Wivell discussed the lot diagram and the placement of the garage
in relation to the adjacent properties.
Amie Paradise, 21823 White Oak Road, Hagerstown, commented on piecemeal zoning and
adhering to zoning rules. She indicated that Mr. Adkins does not own the property, that he
opened the business without proper approval, and that the business is not strictly serving
the rural residential population. She also commented on the use of Crystal Falls Drive by
tourists and hikers who enjoy the quiet view of the valley.
Attorney Poole provided rebuttal in the matter indicating that the proper criteria exists for
approval of this request.
Commissioner Wivell questioned whether the floating zone would remain with the
property if the business ceased to exist. Mr. Goodrich confirmed that fact. Similar
businesses would be allowed to operate at that location but any increases in intensity
would come under review during the site plan process. He discussed the process followed
if the current business would grow larger than approved and/or cause increased traffic in
the area. The Commissioners discussed the information presented.
The public hearing was closed at 11:37 a.m.
The meeting was opened for discussion by the Commissioners. It was their consensus to
approve the requested map amendment. The requisite documents will be prepared by the
County Attorney's Office for consideration and adoption by the Commissioners at a future
meeting.
RECESS
The Commissioners recessed at 11:40 a.m. to attend a luncheon meeting with Department
of Social Services employees and board members at 122 North Potomac Street,
Hagerstown.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:48 p.m. in the County
Administration Building, 100 West Washington Street, Room 227, with the following
members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, LeRoy
E. Myers, Jr., and William J. Wivell.
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BROWNSVILLE POND REPAIR
Delegate Neil Parrott presented options to repair/rebuild the Brownsville Pond. He
presented background information on the State-owned pond built in 1956 by the Maryland
Game and Fish Commission. The Brownsville community used the pond for fishing and
ice-skating but the Maryland Department of Natural Resources (DNR) drained it in August
2012 due to safety concerns caused by severe erosion of the earthen dam.
Ed Williams, Vice President, First Hose Company of Boonsboro, commented on the
pond's critical relation to fire safety in southern region of the County. An operational pond
would provide enough water to satisfy the fire safety needs in the region. Don Cosden,
Inland Fisheries Chief, DNR, and Michelle Hurt, DNR Engineer, discussed the conditions
of the dam and indicated that the State would agree to split the costs of repair with the
County. Full repair costs are estimated at $400,000-$450,000, while repairs using a clay
liner could run $300,0004350,000. The Commissioners discussed the matter including
building a water storage tank and the possibility of County staff rebuilding the pond.
GENERAL PROCEDURES DISCUSSION
County Administrator Greg Murray introduced a discussion of general procedures with the
new board in order to provide clarification on several items:
Personnel Reports — Stephanie Stone, Director, Health and Human Services, described the
current personnel policy adopted in 1999 wherein all vacant positions come before the
County Commissioners for approval to advertise. Recommendations to fill those positions
at Grade 13 and below, and employee transfers, are reviewed by Ms. Stone and approved
by her and Greg Murray. Positions to be filled at Grade 14 and above are brought to the
Commissioners for consideration and formal approval. The Commissioners discussed the
information presented and requested that Ms. Stone provide a report of recommended
individuals to be hired as part of the weekly agenda preparation process.
Financial Reports — Mr. Murray discussed the County's financial policies, each approved
by the County Commissioners. He also described the financial information available to the
Commissioners via online services and discussed the quarterly report. The budget process
was also discussed and how it relates to approval of capital purchases. He referenced the
County's historically clean audits and the reviews and spot checks performed each year by
rating agencies and the County's auditors, noting that the County has normally realized a
budget surplus at the end of the budget year. The Commissioners were provided
information on County purchasing policies and procedures in order to help identify
additional reporting that would be beneficial to help keep the Commissioners abreast of
capital expenditures throughout the year.
Agenda Approval — Mr. Murray described the typical agenda compilation process and the
Commissioners' request to schedule alternate work sessions and voting sessions in 2015. It
was determined that the next week's agenda would typically be available for review on the
Tuesday before the next meeting, with hard copies and the online version posted by mid-
week.
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Mr. Murray indicated that the Commissioners would be discussing Boards and
Commissions next week. There will also be a presentation by County Division Directors of
prior and continuing goals, accomplishments, and a discussion of what the new board
would like to achieve during the next four years. Mr. Murray discussed the new
Maintenance of Effort formula for Boards of Education that now contains three
components.
RECESS
The Commissioners recessed at 2:54 p.m. to attend a pre -legislative meeting with the
Washington County Delegation at the University System of Maryland -Hagerstown
Campus, 32 West Washington Street, Hagerstown.
PRE -LEGISLATION FORUM WITH WASHINGTON COUNTY DELEGATION
The Commissioners met with members of the Washington County Delegation at 3:10 p.m.
to discuss proposed legislation initiatives for the coming year. Due to being a new board,
local items from the Commissioners will be forthcoming in the next few weeks. The group
discussed tax and regulatory relief considered by the Delegation that would provide a more
business -friendly climate in the State of Maryland. Delegation members described
programs using funds that remain "evergreen" by returning those repaid monies to the
program. The Delegation advised that public/private partnerships might be the way of the
future given the State's $600 million shortfall in the next operating budget.
LATE AFTERNOON SESSION
President Terry L. Baker called the late afternoon session to order at 4:14 p.m. in the
County Administration Building, 100 West Washington Street, Room 227, with the
following members present: Vice President Jeffrey A. Cline and Commissioners John F.
Barr, LeRoy E. Myers, Jr., and William J. Wivell.
CITIZENS PARTICIPATION
No citizens were present who wished to participate.
JUSTICE ASSISTANCE GRANT AWARD FOR THE CRIMINAL JUSTICE
DASHBOARD
Major Craig Rowe, Warden, and Captain Douglas Moore, Washington County Detention
Center, recommended acceptance of grant funding of $5,352 for the Criminal Justice
Dashboard (Dashboard) developed by the Department of Public Safety and Correctional
Services. Mr. Rowe indicated that the program is a data consolidation tool that makes
information from over 100 separate data sources available to law enforcement and public
safety professionals in one consolidated view with a single system logon. The Governor's
Office of Crime Control and Prevention (GOCCP) is assisting through grant awards to
fund the interface between the Dashboard and Jail Management System as needed. There is
no cost for the program the first year and $648 in operational costs would be included in
the Sheriff s Department budget in subsequent years. The Commissioners discussed the
information presented.
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Commissioner Barr, seconded by Cline, moved to approve acceptance of the grant funding
of $5,352 from the GOCCP for the Criminal Justice Dashboard as presented. The motion
passed unanimously.
CONSTRUCTION BID AWARD - LINCOLNSHIRE ELEMENTARY SCHOOL
SIDEWALK EXTENSION, SAFE ROUTES TO SCHOOL PROJECT
Scott Hobbs, Deputy Director, Engineering and Construction Management, requested
approval to conditionally award the contract for the Lincolnshire Elementary School
Sidewalk Extension, Safe Routes to School Project to the lowest responsive, responsible
bidder, Congressional Contracting, Inc. of Potomac, Maryland, for $378,861.40. Mr.
Hobbs indicated that award is contingent upon receiving concurrence in award from the
Maryland State Highway Administration (SHA). The Safe Routes to School project in the
Halfway area is funded by a federal grant and administered by the SHA. The project
involves the installation of sidewalk and curbing along Lincolnshire Road, Lincoln
Avenue, and Oak Ridge Drive to improve safety for children walking to school in that
area. The previous bid of $697,610 was rejected by the Commissioners on August 5, 2014
and the project was re -bid. The Commissioners discussed the future maintenance of the
sidewalk, which is in the County's right-of-way.
Commissioner Cline, seconded by Myers, moved to conditionally award the contract for
the Lincolnshire Elementary School Sidewalk Extension, Safe Routes to School Project to
the lowest responsive, responsible bidder, Congressional Contracting, Inc. of Potomac,
Maryland, for $378,861.40 as presented. The motion passed with Commissioners Cline,
Myers, Barr, and Baker voting "AYE" and Commissioner Wivell "Abstain."
CONSTRUCTION BID AWARD — SPRECHER ROAD BRIDGES
Scott Hobbs requested approval to award the contract for the Sprecher Road Bridge
Replacement contract to the lowest responsive, responsible bidder, C. William Hetzer, Inc.
of Hagerstown, Maryland, for $357,326.65. Mr. Hobbs described the project that involves
the replacement of two bridge superstructures on Sprecher Road, including the removal of
deteriorated steel beams and timber deck superstructures and replacement with a similar
sized superstructure consisting of precast concrete slab beams with a cast -in-place concrete
wearing surface. Both bridges will continue to accommodate one -lane traffic due to low
traffic volumes. The Commissioners discussed the project.
Commissioner Barr, seconded by Wivell, moved to award the contract for the Sprecher
Road Bridge Replacement contract to the lowest responsive, responsible bidder, C.
William Hetzer, Inc. of Hagerstown, Maryland, for $357,326.65 as presented. The motion
passed unanimously.
ADJOURNMENT
Commissioner Barr, seconded by Cline, moved to adjourn at 4:40 p.m. The motion passed
unanimously.
December 9, 2014
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Gregory B. Murray,,
-- �_Q- rt,
John M. Martira
Administrator
County Atto cy
Vicki C. Lumm, County Clerk