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HomeMy WebLinkAbout051011 October 11, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:55 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 4 & 5, 2005 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of October 4, 2005, as amended. Unanimously approved. Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of October 5, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps provided information on the Annual State Highway Administration Transportation Tour meeting. She reported on the Recreation & Parks Board meeting and provided a summary of the results of the recreation needs survey that was recently completed. Commissioner Wivell stated that he attended the ribbon-cutting ceremony for the new social hall at Maple Grove Estates senior citizens complex. Commissioner Kercheval commended the Workforce Housing Task Force on their report. He reported on the State Highway Administration annual transportation meeting. Commissioner Kercheval stated that he feels the rezoning process should be reviewed. The current process does not allow the Commissioners or the public time to review the significant amount of information submitted by the applicant at the public hearing in order to adequately comment or ask questions. It also does not allow further discussions with either party as the record is closed after the initial public hearing. Commissioner Snook reminded the Commissioners that the second hearing on the amendments to the Adequate Public Facilities Ordinance is scheduled for October 12. PROCLAMATION – WHITE CANE DAY Commissioner Nipps presented a proclamation to Dan Barnhart, representing the Appalachian Trail Chapter of the National Federation of the Blind, designating October 15, 2005, as National White Cane Safety Day to make the public aware of the white cane as a symbol of independence and freedom for blind people. They commended the National Federation of the Blind for its efforts to achieve security, equality and opportunity for the blind through education and advocacy. Mr. Barnhart thanked the Commissioners for the proclamation and provided additional information on White Cane Safety Day. PUBLIC HEARING – INTENT TO CLOSE AND ABANDON A PORTION OF CLUB ROAD The Commissioners convened a public hearing at 9:25 a.m. in order to hear comments regarding the request to abandon and close a portion of Club Road. John Martirano, County Attorney, stated that Fountain Head Country Club, Inc. has requested that the County abandon .063 miles of the road and that ownership be transferred to the Country Club. Mr. Martirano explained that this portion of Club Road has not been used by the County as a roadway for approximately 35 years and is no longer needed for a public purpose. William Nairn, attorney for Fountain Head Country Club, and Russ Townsley, Fox & Associates, commented on the request. The meeting was then opened for public comment. There was no one present who wished to testify. Motion made by Commissioner Nipps, seconded by Wivell, to approve the request to close and abandon .063 miles of Club Road and transfer ownership to Fountain Head Country Club. Unanimously approved. OCTOBER 11, 2005 PAGE TWO 2005 JOHN FRYE HISTORIC PRESERVATION AWARD Commissioner Snook presented the 2005 Historic Preservation Award to John Barr and Marjorie Peters, representing the Rural Heritage Museum Board, in recognition of the contributions the Board has made to historic preservation in Washington County. He stated that the Board was selected for the award for establishing the Rural Heritage Museum at the Agricultural Education Center. Ms. Peters thanked the Commissioners for the award and the County staff for their help. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Board that the “fast track” meeting on the proposed new hospital went well. He stated that the major issues with regard to planning, engineering, and permits have been resolved. BUDGET TRANSFER – CITY OF HAGERSTOWN Motion made by Commissioner Kercheval, seconded by Nipps, to accept a check from the City of Hagerstown for $100,000 into the County’s revenue line item. This represents the City’s commitment to the North Hagerstown High School stadium project. Unanimously approved. CITIZENS’ PARTICIPATION Dan Moeller commented on the State’s position regarding the exemptions in the County’s new zoning as outlined on the agenda report form regarding the Installment Purchase Program. He also commented about the Adequate Public Facilities Ordinance (APFO) amendments on roads and schools. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 10:09 p.m. to consult with counsel to obtain legal advice, consult with staff about pending or potential litigation, and discuss the appointment of employees over whom it has jurisdiction and 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. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Munson, seconded by Nipps, to reconvene in open session at 10:35 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice, consulted with staff about pending or potential litigation, and discussed the appointment of employees over whom it has jurisdiction and discussed personnel matters that affect one or more specific individuals. Present during closed session were Commissioners Gregory I. Snook, 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; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Terry McGee, Chief Engineer; and David Hankinson, Director of Human Resources. APPROVAL TO HIRE PROJECT MANAGER – ENGINEERING DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to employ Steve Blickenstaff as Project Manager (Grade 13) in the Engineering Department, and to fill the Combination Inspector position in the Permits & Inspections Department that Mr. Blickenstaff will vacate. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” CITIZENS’ PARTICIPATION - CONTINUED Laura Bowman, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 20-21, 2006 and asked that the County support the event by providing a law enforcement escort and allowing it to be included on the County’s event insurance coverage. Motion made by Commissioner Wivell, seconded by Kercheval, to approve funding from the Commissioners’ Contingency Fund to pay overtime costs OCTOBER 11, 2005 PAGE THREE for two Sheriff’s deputies for the National Pike Festival on May 20-21, 2006 and insurance coverage for the event. Unanimously approved. John Himes expressed concerns about repairs needed on Valley Road. He also commented on the Mid-Maryland Land Trust meeting and had questions regarding the Boonsboro Police Department. RECESS – LUNCH AND GROUNDBREAKING – SPRINGHILL SUITES The Commissioners recessed at 10:52 a.m. in order to attend a groundbreaking ceremony for Springhill Suites. AFTERNOON SESSION The afternoon session was called to order at 1:01 p.m. by President Gregory I. Snook, with the following members present: Commissioners William C. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. TEEN PREGNANCY PREVENTION NEEDS ASSESSMENT UPDATE Stephanie Stone and Melissa Nearchos, representing the Washington County Community Partnership (WCCP), met with the Commissioners to review the final report on the Teen Pregnancy Prevention Needs Assessment and its findings. Ms. Stone stated that Washington County has the fourth highest teen birth rate in the State of Maryland, and the highest birth rate among white teens compared to other Maryland jurisdictions. She informed the Commissioners that the purpose of the study was to gather information to enable Washington County to improve its teen pregnancy prevention efforts. Ms. Nearchos reviewed the assessment questions that were included in the study. She stated that a needs assessment research team made up of teen parents, providers, WCCP staff and the consultants was established to help the researchers understand the issue of teen pregnancy. Surveys were developed to explore the knowledge and attitudes among teens and parents about teen pregnancy and their views on what should be done to prevent it in the County. Focus groups were also conducted with teens, teen parents, and parents of teens throughout the County. Ten brief phone surveys were also conducted as well as an on-line survey. The study found that respondents believe teen pregnancy is a problem in Washington County. They also found that cultural acceptance is one of the reasons why there is such a high rate, as well as an “it won’t happen to me” attitude, failure to consider consequences, desire to be loved, and the problem of teens having nothing to do. Ms. Nearchos reviewed current prevention efforts. Recommendations from the researchers include increasing opportunities for pro-social involvement during unsupervised and unstructured time, increasing opportunities for positive youth development programs, educating teens about the issue, peer education techniques, providing parents with educational opportunities, expanding school curriculum to cover more grades starting in late elementary school, creating a mass media campaign to address the cultural acceptance of the issue, and increasing awareness of existing services. Dale Bannon, Director of the United Way, stated that they would like to expand the Task Force for Preventing Teen Pregnancy to include teens, parents, and medical professionals. He anticipated that their first goal would be to develop a marketing plan for mass distribution and education of the needs assessment and then work collaboratively in implementing community-wide strategies to reduce teen pregnancy. The Commissioners thanked the WCCP and the Task Force for the presentation. REZONING APPLICATION RZ-05-005 – DAVID LYLES DEVELOPERS Richard Douglas, County Attorney, reviewed map amendment RZ-05- 005, submitted by David Lyles Developers, Applicant, to rezone the subject property from RS – Residential Suburban to BL – Business Local, which was discussed at the October 4, 2005, meeting. Mr. Douglas stated that the Planning Commission recommended that the request for rezoning be denied. OCTOBER 11, 2005 PAGE FOUR He stated that he was directed to prepare the Findings of Fact and Decision reflecting the consensus the Board reached during last week’s meeting. Motion made by Commissioner Munson, seconded by Wivell, to grant rezoning request RZ-05-005 from David Lyles Developers to rezone the subject property from RS – Residential Suburban to BL – Business Local, and adopt the Findings of Fact and Decision of the Board of County Commissioners as prepared by the County Attorney, as amended. Unanimously approved. MID-MARYLAND LAND TRUST COOPERATIVE AGREEMENT Eric Seifarth, Land Preservation Planner, and Pete Dvorak, representing the Mid-Maryland Land Trust, met with the Commissioners to discuss entering into a cooperative agreement with the Mid-Maryland Land Trust to leverage easement dollars and allow for increased efforts in securing donated easements. Mr. Seifarth explained that by working with the Trust, Washington County could qualify for additional funding to purchase easements for land preservation. He stated that the Trust has experience with donated easements that could allow the County to gain additional easements at a minimal cost. The meeting was then opened for questions and discussion. Mr. Seifarth stated that the County has tentatively been awarded a grant in the amount of $378,000 from the Federal Farm and Ranchlands Preservation Program. Motion made by Commissioner Munson, seconded by Nipps, to enter into a Cooperative Agreement with the Mid-Maryland Land Trust to allow the County to leverage easement dollars and allow for increased efforts in securing donated easements. Unanimously approved. INSTALLMENT PURCHASE PROGRAM Eric Seifarth reviewed the Installment Purchase Program Ordinance that was developed by staff as discussed at last week’s meeting. He stated that, at the request of the Agricultural Land Preservation Advisory Board, a section has been added to provide that easements may be terminated after 25 years. Mr. Seifarth informed the Commissioners that officials from the Maryland Department of Planning have indicated that state and federal funding for agricultural preservation would be dramatically reduced or eliminated if the County adopts the 25- year termination provisions. He indicated that all state agricultural preservation programs now restrict aid to permanent easements rather than temporary easements. The potential loss of state and federal funding over a ten-year period could be in the millions of dollars. Mr. Seifarth then reviewed the Ordinance and recommended that it be adopted without the 25-year termination provisions. The meeting was then opened for discussion and questions from the Commissioners. Jerry Ditto, a member of the Agricultural Land Preservation Advisory Board, stated that he supports the 25-year termination provision and asked that the Commissioners include it in the ordinance. Several of the Commissioners expressed surprise regarding the State’s position on the exemptions and asked to meet with representatives from the State Department of Planning to further discuss the matter before adopting the proposed ordinance. Mr. Seifarth agreed to attempt to have representatives from the State scheduled on the Commissioners’ agenda in the near future. UPDATE – MAUGANS AVENUE WIDENING – PHASE I Gary Rohrer, Director of Public Works, and staff from the Engineering Department met with the Commissioners to provide an update on Phase I of the Maugans Avenue widening project. Mr. Rohrer informed the Commissioners that engineering and design drawings are progressing and are 95% completed. The staff has been in contact with the businesses that will be affected by the project and have resolved all issues. Mr. Rohrer explained that the design team is working with area utilities as well as land acquisition agents to finalize the details for the project. The utility work could delay the project if it is not resolved. He stated that the staff would be developing a Web page for the project to include information and updates and a bi-weekly status report. They hope to advertise the project in early December. The meeting was then opened OCTOBER 11, 2005 PAGE FIVE for questions and discussion. He stated that a public information meeting would be held on November 17 at the Maugansville Elementary School. Joe Kuhna, Real Property Administrator, provided an update on acquisition of properties needed to the project. MT. AETNA VOLUNTEER FIRE DEPARTMENT – REQUEST FOR APPROVAL TO ENTER INTO A LEASE AND OPTION AGREEMENT John Martirano, County Attorney, informed the Commissioners that Mt. Aetna Volunteer Fire Department, Inc., pursuant to Section 147(f) of the Internal Revenue Code, as amended, is requesting the approval of the Board of County Commissioners to enter into a lease and option arrangement in an aggregate principal amount not to exceed $463,758.86 to finance a KME Pumper Truck for the Department. Mr. Martirano stated that the lease would not be deemed to be an obligation of the County. The approval is being given solely to comply with Section 147(f) of the Code. Motion made by Commissioner Munson, seconded by Kercheval, to give approval for the Mt. Aetna Volunteer Fire Department, Inc., to enter into a lease and option agreement in order to finance equipment in an amount not to exceed $463,758.86, as required by Section 147(f) of the Internal Revenue Code of 1986. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 3:09 p.m. to consult with counsel to obtain legal advice and consult with staff about pending or potential litigation, 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 3:40 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter and consulted with staff about pending or potential litigation. Present during closed session were Commissioners Gregory I. Snook, 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; and Joni Bittner, County Clerk. ADJOURNMENT Motion made by Commissioner Munson, seconded by Wivell, to adjourn at 3:40 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk