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HomeMy WebLinkAbout050913 September 13, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by Vice President William J. Wivell with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by County Administrator Rodney Shoop, followed by the Pledge of Allegiance to the Flag by the full assemblage. BID REJECTION - CULVERT REPLACEMENT PROJECT 2005 Rob Slocum, Deputy Chief Engineer, met with the Commissioners to discuss the only bid received for the 2005 Culvert Replacement Project. Mr. Slocum reviewed the project, which included culvert replacement at Harpers Ferry Road, Nick Road, and Toms Road. The three separate projects were combined into a single project in an attempt to capitalize on economies of scale. He stated that it was a 100-calendar day project. Mr. Slocum indicated that the bid from Building Systems, Inc. came in at $440,936, which was much higher than the engineer’s estimate of $270,665. The Engineering Department is recommending that the project be reworked to increase the construction time and consider some cost saving items, and be readvertised during the winter when it would be easier for firms to allocate resources. Mr. Slocum asked that the current bid be rejected without prejudice. Karen Luther, Purchasing Agent, stated that Washington County reserves the right to reject any and/or all bids, to waive technicalities, and to take whatever action is in the best interest of Washington County. Motion made by Commissioner Munson, seconded by Nipps, to reject without prejudice the sole bid received from Building Systems, Inc. for the Culvert Replacement Project , 2005 for $440,936make the appropriate changes to the bid documents, and rebid the project. Motion carried with Commissioners Munson, Nipps, and Wivell voting “AYE” and Commissioner Kercheval “ABSTAINING.” EMERGENCY SHELTER GRANT APPLICATION – FY 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the submission of an Emergency Shelter Grant application for FY 2005 to the Department of Housing and Community Development in the amount of $50,000 that would provide funding for the Community Action Council, CASA, St. John’s Shelter, and REACH, Inc. Unanimously approved. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Motion made by Commissioner Munson, seconded by Nipps, to accept $39,568 in grant funding from the Edward Byrne Memorial Justice Assistance Grant (JAG) to be split equally between the Washington County Sheriff’s Office and the City of Hagerstown Police Department, to allow the Finance Department to include a line item in the budget for disbursement purposes. Unanimously approved. REZONING APPLICATION RZ-05-006 – MARYLAND HOMES CB, LLC Richard Douglas, County Attorney, reviewed map amendment RZ-05-006, submitted by Maryland Homes CB, LLC, to rezone the subject property from BG-Business General to RM- Residential Multi-Family, which was discussed at the August 30, 2005 meeting. Mr. Douglas stated that the Planning Commission recommended that the request for rezoning be granted. He stated that he was directed to prepare the Findings of Fact and a Decision reflecting the consensus the Board reached during last week’s meeting. Commissioner Kercheval directed that the language ”No undesirable consequences are anticipated from this land use” be removed from the Decision. The Commissioners also directed the County Attorney to include language noting that the approval of the application in no way ensures full development of the property and that density may be limited as a result of staff’s evaluation with regard to access and traffic impact issues. Motion made by Commissioner Nipps, seconded by Munson, and to adopt the Findings of Fact and Decision for rezoning request RZ-05-006. Unanimously approved. SEPTEMBER 13, 2005 PAGE TWO Motion made by Commissioner Munson, seconded by Nipps, to grant rezoning request RZ-05-006 from BG-Business General to RM-Residential Multi-Family based upon the amended Findings of Fact and Decision of the Board of County Commissioners as prepared by the County Attorney. Motion carried with Commissioners Munson, Nipps, and Kercheval voting “AYE” and Commissioner Wivell voting “NO.” REZONING APPLICATION RZ-05-003 – EDWARDS INVESTMENT COMPANY Richard Douglas, County Attorney, reviewed map amendment RZ-05-003, submitted by Edwards Investment Company to rezone the subject property from HI-1-Highway Interchange 1 to HI-2-Highway Interchange 2. Mr. Douglas stated that the Planning Commission recommended granting the rezoning based upon a determination that there has been a mistake in the 1995 rezoning zoning of the property and that the request was logical and appropriate, and that it would be consistent with the Comprehensive Plan for the County. The meeting was then opened for questions from the Commissioners. Commissioner Kercheval stated that he is in favor of granting the requested rezoning based on the fact that public water and sewer is available to the property. He also stated that the property is located within the Urban Growth Area boundary and is classified in the High Density Residential land use policy area. Commissioner Kercheval noted that the rezoning should be approved based on the following reasons for mistake in the original zoning: the rezoning approved in 1995 did not meet the intention or purpose of the HI-1 zoning district as described in the Zoning Ordinance, the rezoning was based on the mistaken belief that the property was more suited to commercial development based on its railroad siding, and rezoning the subject property would be consistent with the 2002 Comprehensive Plan for Washington County. The Commissioners agreed that they support the Planning Commission’s recommendation and that the requested zoning would also be appropriate and logical based on other uses in the area. It was the consensus of the Commissioners to approve the rezoning request. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he presented an Emergency Preparedness Day proclamation on behalf of the Commissioners. He thanked Mike Thompson, Director of Planning, for the presentation he made on growth issues at the Hagerstown Rotary Club. Commissioner Kercheval stated that he attended Community Rescue th Service’s 50 anniversary celebration. He also reported on the Economic Development Commission meeting and the Planning Commission meeting. Commissioner Kercheval suggested that they hold a workshop to discuss how to handle recommendations being made by the Emergency Services Department for small developments to include dry hydrants and underground storage tanks and how they would be regulated and maintained. He informed the Commissioners that the Planning Commission voted to deny final plat approval for a development based on school adequacy issues. BID AWARD – HAZARDOUS MATERIALS RESPONSE VEHICLE Motion made by Commissioner Munson, seconded by Nipps, to award the contract for the purchase of a Hazardous Materials Response Vehicle to Singer Associates/Pierce Manufacturing, which submitted the lowest responsive, responsible bid of $211,102 through the use of Homeland Security Grant Funds. Unanimously approved. UPDATE – HOUSING OF HURRICANE KATRINA SURVIVORS Commissioner Wivell stated that the Board of Directors of PenMar Development Corporation discussed the possibility of housing refugees from Hurricane Katrina at Ft. Ritchie. Joe Kroboth, Director of Emergency Services stated that he recently attended a meeting sponsored by the Washington County Chapter of the American Red Cross, which included representatives from various State, County and faith-based organizations, to plan to house families left homeless by Hurricane Katrina. Mr. Kroboth stated that approximately 40 families have offered homes for the refugees. He explained that a local hotel would act as a reception center to process documentation until the individuals can be placed with SEPTEMBER 13, 2005 PAGE THREE a family in the County. Mr. Kroboth stated that they feel the County can house 100-125 individuals. Mr. Kroboth also informed the Commissioners that Washington County has three ambulances and seven personnel who left to serve in Jefferson Parish, Louisiana. PUBLIC HEARING – HANCOCK ENTERPRISE ZONE REDESIGNATION The Commissioners convened a public hearing at 10:00 a.m. in order to hear comments regarding the requested redesignation of an Enterprise Zone within and adjacent to the corporate boundaries of the Town of Hancock. Sonja Hoover, Economic Development Commission (EDC) Fiscal/Research Specialist stated that Hancock was designated as an Enterprise Zone in 1995 and this designation will expire on December 14, 2005 if the redesignation is not applied for and granted. She indicated that the Enterprise Zone encompasses 1,500 acres and surrounds the Town of Hancock. Commissioner Wivell then opened the meeting for comments. There was no one present who wished to comment. Motion made by Commissioner Munson, seconded by Kercheval, to adopt a Resolution approving the submission of an application to the Maryland Department of Business and Economic Development requesting the redesignation of the Hancock Enterprise Zone. Unanimously approved. WORK SESSION – CODE HOME RULE TASK FORCE Rodney Shoop, County Administrator, discussed the suggested membership of the Code Home Rule Task Force with the Board. Mr. Shoop suggested the following members: 1) League of Women Voters, 2) Chamber of Commerce; 3) Greater Hagerstown Committee; 4) Local Delegation appointee, 5) and 6) Citizen at Large positions, 7) John Martirano, County Attorney, and 8) Joe Kroboth, Chairman. He proposed to bring back names of individuals for recommendation to the task force at next week’s meeting. The Commissioners discussed the recommendation and agreed to proceed. Mr. Shoop also reviewed the proposed timeline for the Task Force. COMMISSIONERS’ REPORTS AND COMMENTS – CONTINUED Commissioner Munson stated that he visited the Maugans Avenue road reclamation project. He reported that the Agricultural Land Preservation Advisory Board is having difficulty getting the information they need from staff due to their workload. Mr. Shoop stated that Henrietta Livelsburger from the Citizens for the Protection of Washington County has volunteered to help and that he has contacted a former State employee to see if he would be willing to work with the County on a part-time, contractual basis to assist in developing a program for rural incentive programs such as transferable development rights (TDRs) or installment purchase agreements (IPAs) for the Commissioners’ consideration. Commissioner Nipps reported on the meetings of the Historic Advisory Committee meeting, PenMar Development Corporation, and Recreation & Parks Board. She stated that the Recreation & Parks Board has agreed to support the commitment of Program Open Space funds to construct the track at the North Hagerstown High School Stadium. Commissioner Nipps indicated that the Commission on Aging Advisory Council discussed the relocation of the Commission on Aging offices to the Aspire to Serve facility and the lease at the current location. Rodney Shoop, County Administrator, stated that he is optimistic that the Appalachian Regional Commission application will assist in funding the move. Commissioner Nipps informed the Commissioners that the Meals on Wheels Program would be restructured and taken over by the Commission on Aging. Commissioner Wivell stated that he provided welcoming remarks at the State School Superintendents Conference at the Museum of Fine Arts last week. He informed the th Commissioners that he attended the 50 anniversary celebration for Community Rescue Service and REACH’s Taste of the Town fundraiser. Commissioner Wivell reported on the PenMar Development Corporation meeting. He stated that they finished FY 2005 with $151,000 of revenue in excess of expenses. He informed the Commissioners that the Salvation Army has challenged them to volunteer at a kettle site for a day during the Christmas fundraising campaign. SEPTEMBER 13, 2005 PAGE FOUR CITIZENS’ PARTICIPATION Larry Hoeck proposed that a park and ride lot be constructed off Route 11 when the traffic pattern is changed for the Airport runway extension project. Commissioner Wivell explained that the State is responsible for this roadway; however, they would forward the suggestion to them for consideration. Fay Cohen expressed her concerns regarding several issues in the Cascade area including a 4-way stop sign at PenMar Park, stormwater regulations, and her concerns with COPT’s plan for jobs, housing, roads, schools, and the historic district at Fort Ritchie. John Himes questioned a development on Keep Tryst Road, and discussed a variety of issues including the Department of Natural Resource’s new regulations on deer check-in, the financial status of the Sandy Hook sewer and water plant, and the traffic light at the US Route 340 Bridge over the Potomac River. He stated that he does not feel police vehicles should be used for personal use. Mr. Himes asked about the meeting being held at the Agricultural Education Center on September 22. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reported on the Chamber of Commerce Board meeting he attended on behalf of Commissioner Snook. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill the vacant Permits Technician position in the Permits & Inspections Department. Unanimously approved. APPOINTMENT – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Munson, seconded by Nipps, to appoint Jack Hall to the Fire & Rescue Communications Advisory Board for a three-year term. Unanimously approved. REPORTS FROM COUNTY STAFF John Martirano, County Attorney, reported on Leadership Hagerstown’s opening retreat that was held last weekend. Carolyn Motz, Airport Manager, informed the Commissioners that essential air service was awarded to Air Midwest to provide 3 roundtrip flights per day to Pittsburgh. Greg Larsen, Business Development Manager for the Hagerstown Regional Airport, thanked the Commissioners for their assistance and stated that it took a collaborative effort to get this designation. Debra Murray, Director of Finance, informed the Commissioners that she received a letter from the Maryland Department of the Environment (MDE) that they would be refinancing the water and sewer bonds and are asking if the County would like to participate. She stated that the interest rate would be reduced from 4.9% to 3.4% for an approximate savings of $102,000 over the life of the bond. Ms. Murray indicated that the only cost to the County would be for the legal resolution. It was the consensus of the Commissioners to participate with MDE on the bond refinancing. Gary Rohrer, Director of Public Works, informed the Commissioners that the Boonsboro Library Committee is moving rapidly and hopes to go to bid with the project in late winter. Mr. Rohrer stated that the State’s scrap tire drop-off program would be held at the Forty West Landfill on Saturday, September 24. RECESS – LUNCH & TOUR OF MARYLAND CORRECTIONAL TRAINING CENTER The Commissioners recessed at 11:10 a.m. in order to attend a luncheon and tour of the Maryland Correctional Training Center (MCTC). AFTERNOON SESSION The afternoon session was called to order at 2:10 p.m. by Vice President William J. Wivell with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. SEPTEMBER 13, 2005 PAGE FIVE PURCHASE OF RIGHT-OF-WAY ACQUISITION – MAUGANS AVENUE Motion made by Commissioner Munson, seconded by Nipps, to approve the purchase of right-of-way and supporting easements, which are needed for the Maugans Avenue Improvement Project, from Robert and Rose-Marie Schiesel in the amount of $18,000. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF ELEVEN RUGGED MOBILE DATA NOTEBOOK COMPUTERS – EMERGENCY SERVICES Motion made by Commissioner Kercheval, seconded by Nipps, to authorize the Emergency Services Department to purchase twelve (12) rugged mobile data notebook computers from GTSI Corporation, for the total cost of $54,722.64 through U.S. Communities contract #RQ03-605674-16A in accordance with the terms and conditions of that contract, and approve the corresponding resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. OFFER OF EQUIPMENT – WILLIAMSPORT VOLUNTEER AMBULANCE SERVICE Joe Kroboth, Director of Emergency Services, informed the Commissioners that the Williamsport Ambulance Service has voted to offer certain equipment and supplies to the County. He stated that they are offering a fully equipped diver rescue trailer used to support dive rescue incidents and a 1988 Horton Ambulance to be used as a spare ambulance. Mr. Kroboth explained that a reserve ambulance is held to loan to a company when its ambulance unit is out of service for maintenance. The dive rescue trailer would be housed at the Special Operations Station. The Commissioners discussed the offer and agreed to it if the Fleet Manager at the Highway Department feels the ambulance is in acceptable condition. Motion made by Commissioner Kercheval, seconded by Nipps, to accept the offer of the Williamsport Volunteer Ambulance Services to give a dive rescue trailer and 1988 Horton ambulance to the Washington County Emergency Services Department, contingent upon a favorable recommendation from the Highway Department on the condition of the ambulance. Motion carried with Commissioners Kercheval, Nipps, and Wivell voting “AYE” and Commissioner Munson voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:50 p.m. to consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and discuss public security, if the public body determines that public discussions would constitute a risk to the public or public security, including the deployment of fire services and staff and the development and implementation of emergency plans, and to discuss an investigative proceeding on actual or possible criminal conduct, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Munson, seconded by Nipps, to reconvene in open session at 4:17 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter, considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, and discuss public security, if the public body determines that public discussions would constitute a risk to the public or public security, including the deployment of fire services and staff and the development and implementation of emergency plans, and to discuss an investigative proceeding on actual or possible criminal conduct, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Present during closed session were Commissioners William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Kirk Downey, Assistant County Attorney; Gary Rohrer, Director of Public Works; Mike Thompson, Director of Planning; and Joe Kroboth, Director of Emergency Services; SEPTEMBER 13, 2005 PAGE SIX and Tom Altman and Rick Blair, representing the Washington County Volunteer Fire & Rescue Association. RESCISSION OF ADEQUATE PUBLIC FACILITIES ORDINANCE AGREEMENTS – ROSEWOOD AND MAPLE VALLEY ESTATES Motion made by Commissioner Munson, seconded by Nipps, to rescind the Adequate Public Facilities Ordinance (APFO) agreements for schools and roads with Manny Shaool for Rosewood, Phases II-A and II-B, and Steve Oder, Cavalier Equities LLLP, for Maple Valley Estates, Sections C, D, and E, as a result of the adoption of the Building Excise Tax Ordinance. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Munson, to adjourn at 4:18 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk