Note: This is a SUMMARY of the Commissioners Meeting for the purposes of a Press Release. These are not the official minutes of the meeting.
Update on recreation summer programs.
The Board of County Commissioners conducted its annual site visit and lunch with the children at Marty Snook Park’s Summer Play Camp. The Commissioners also presented certificates of award to camp counselors Jamie Lafferty and Nikki Centofonti for actions above and beyond the call of duty in ensuring safety of campers at Smithsburg Lions Community Park on July 6 th. Recreation Director Jaime Dick told the Board that this year there are 411 children participating at 8 camps located at Snook Park, Boonsboro Middle School, Clear Spring Park, Williamsport Elementary school, Smithsburg Lions Park, and at Hagerstown Community College. That figure was up from 359 participants last year, Dick said.
MOTION TO HIRE EMPLOYEE
The Board approved hiring Brenda Lampard as a Senior Accountant in the Department of Budget and Finance. Commissioner Bill Wivell abstained for business reasons.
REPEAL AND ENACTMENT OF BUILDING, PLUMBING AND ELECTRICAL CODES
County Attorney John Martirano and Permits and Inspections Director Dan Divito brought this request before the Board. On July 12 th a Public Hearing was held to gather testimony on proposed Repeal and Enactment of a number of Codes dealing with building, plumbing and electrical inspections and permits. The public record remained open for 10 days to allow for written comment. The proposals would repeal the 1997 International Plumbing Code, with Local Amendments, and enact the 2003 International Plumbing Code, First Printing, with Local Amendments. The 1996 BOCA National Building Code, with Local Amendments would be replaced with the 2003 International Building Code, Fifth Printing, with Local Amendments. The 1996 International Mechanical Code, First Printing, with Local Amendments, would be repealed and the 2003 International Mechanical Code, First Printing, with Local Amendments would be enacted. Repeal of the 1995 First Printing of the CABO One & Two Family Dwelling Code, with Local Amendments would allow enactment of the 2003 International Residential Code for One- and Two-Family Dwellings, Fourth Printing, with Local Amendments. The 2002 National Electrical Code, with Local Amendments would be repealed and the 2005 National Electrical Code, with Local Amendments would be enacted. The measures are needed, Davito said, to bring Washington County in line with current national standards. In addition the current electrical fee schedule would be repealed and a new fee schedule incorporating all fees governing work performed under the 2003 International Codes and the 2005 National Electrical Code would be enacted. Davito said an 8-week backlog in Permits would allow for a transition period while the new codes are phased in. Seminars for builders are being held in cooperation with the Home Builders Association in August and September. A motion, to adopt the codes for Plan Review as of September 1 st and for Enforcement as of November 1 st was approved by unanimous vote.
STATE HIGHWAY ADMINISTRATION MEMORANDUM OF UNDERSTANDING FOR U.S. 11 RELOCATION
Hagerstown Regional Airport Manager Carolyn Motz, Mahesh Kukata, and Steve Lucchesi of the URS engineering consultant firm, brought this request, for formal approval of the State Highway Administration (SHA) Memorandum of Understanding (MOU) for the US 11 Relocation at Hagerstown Regional Airport, before the Board. During the last two years, meetings have been held with the State Highway Administration, utilities, airport staff and engineers to work toward a MOU by planning details of moving and bridging US Route 11 associated with the Runway Improvement Program. The MOU terms and all comments have been incorporated or successfully resolved to each party’s satisfaction and the County Attorney has reviewed the document. The MOU provides for the County and the Airport to design, acquire right of way and construct the relocation of US 11, the expansion of the existing runway at the airport, bridges over the relocated US 11 to carry the expanded runway and taxiway, utility relocations needed for US 11 and the runway expansion, and construct a NAVAIDS navigational beacon on I-81. SHA will be able to review and approve the plans for the relocation of US 11 prior to construction , and the County will convey the right-of-way for the relocated US 11 to SHA prior to construction. SHA would provide for construction inspection and material testing and certification for the construction of the relocated US 11 at the cost of the County and Airport. SHA would own and maintain the relocated US 11 upon completion of construction. The County and Airport would own and maintain the runway expansion and the runway bridges over US 11 upon completion of construction. Bridges will be designed to provide support for upwards of one million pounds. The roadway beneath the bridges will be 70 feet wide, and will allow for maintenance work under the bridges without interrupting the normal traffic flow. Kukata told the Board that traffic signals will be installed at each end of the tunnel under the runway. A cost estimate for inspection and testing by the state was reduced from $3 million to about $243,000 through negotiations, Kukata said. The measure was approved by a 3-1 vote, with Commissioner Wivell voting "no".
REZONING: JAMES REMSBURG, SR.
County Attorney Richard Douglas brought this rezoning request before the Board. The applicants, James Remsburg, Sr. et al have requested that the property, consisting of .59 acres located on the east side of Pennsylvania Avenue, opposite Showalter Road be rezoned from A-Agricultural to BL – Business Local. On May 2 nd the Planning Commission recommended granting the rezoning based on its determination that there has been a change in the character of the neighborhood, and that granting the request is logical and appropriate and that it would be consistent with the Comprehensive Plan for the County. Douglas cited a number of changes in the neighborhood over the last several years, and stated that the change would be consistent with the Comprehensive Plan. Based on the Planning Commission Findings and other findings of fact, the Board came to consensus to support the rezoning and will formally approve the matter at the August 2 nd meeting.
REZONING: H.B.MELLOTT ESTATE, INC.
County Attorney Richard Douglas brought this matter before the Board. In Zoning Case RZ-04-008, the applicant, H.B. Mellott Estates, is requesting that the property, consisting of 80.33 acres of land located on the east side of Mapleville Road (Maryland Route 66), 5,000 feet north of the intersection of Mapleville Road and I-70 be rezoned from A-Agricultural to A/IM – Agricultural with Industrial Mineral Floating zone. This matter is on the agenda for final decision in the form of findings of fact and articulation of reasons for the decision as prepared by the County Attorney's Office for review and approval by the Commissioners. Commissioner John Munson called for appropriate setbacks and buffers, operating hour limitations, and no entrance to the property except from Maryland Route 66. Commissioner Dori Nipps read a 19-point list of reasons for supporting the expansion, citing exceptions allowed in the Comprehensive Plan, the relative scarcity of the mineral Dolomite in other areas of the County, and insufficient evidence that the expansion would be detrimental to the Fish Hatchery located on Beaver Creek in that area. Nipps said that as a neighbor of another quarry for 29 years, there is evidence that mining operations and residential areas can coexist. In addition Nipps read a six point set of conditions that the mining operation would have to adhere to, including access only from MD 66, a study of effects of the expansion on ground water availability to be conducted by the applicant, providing remedies for any and all problems in the dewatering area, site reclamation following cease of operations, County access to monitoring wells on the property and limitation of operating hours to 6 a.m. until 7 p.m. weekdays and 8 a.m. until 7 p.m. on Saturdays. In addition, Nipps said County staff has been asked to approach the State Highway Administration to lower speed limits in the area of MD 66 near the quarry entrance. Commissioners' President Greg Snook agreed with the need for County access to monitoring wells, and added an amendment to Nipps motion stating that mining could occur no closer than 400 feet from Mount Aetna Road, and a minimum distance of 100 feet from any residence. In addition the company would be required to hold annual informational meetings with residents and citizens' groups. Blasting would be allowed no closer than 500 feet from the nearest residential structure. The motion was approved on a 3-2 vote with Commissioners Kercheval and Wivell voting "no".
FORMAL ADOPTION OF COMPREHENSIVE REZONING, COMPREHENSIVE PLAN MAPS AND TEXT AMENDMENTS TO THE ZONING ORDINANCE FOR RURAL AREAS
County Attorney Richard Douglas and Planning Director Michael Thompson brought this request, forFormal Adoption of Comprehensive Zoning and Comprehensive Plan maps and text amendments to the Zoning Ordinance approved on July 12 th, before the Commissioners. Recommended maximum densities of 1 residential unit to 5 in the Agricultural areas, 1 to 20 in the Environmental Conservation area and 1 to 30 in Preservation areas were proposed. Adopted were densities as presented, with a Transfer of Development Rights or bonus density program to be developed by the Agricultural Preservation Board no later than August 1st of 2006. Staff would submit monthly updates as to the amount of subdivisions in each zoning category, with limits imposed. Current parcels in the rural areas would be limited to no more than 25 new subdivisions per year until the compensation program is developed. Staff would monitor the impact and report to the Board at 6-month intervals. Maps would be available for public inspection at the Planning Department at 80 West Baltimore Street in Hagerstown, but would be maintained in electronic format. The measures, approval of an Ordinance to Adopt the Comprehensive Zoning Map, a Resolution to Adopt the Comprehensive Planning Map and an Ordinance to Adopt Text Amendments to the Zoning Ordinance was approved by a 3-2 vote with Commissioners Wivell and Munson voting "no".
ONCE EACH MONTH THE BOARD OF COUNTY COMMISSIONERS HOLDS AN EVENING MEETING IN A COMMUNITY SETTING TO FACILITATE INPUT FROM THE PUBLIC. THIS MONTH'S MEETING WAS AT THE MAUGANSVILLE GOODWILL VOLUNTEER FIRE COMPANY FIRE HALL.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Jim Kercheval reported on appearing on the Herald-Mail newspaper's live chat line on Monday afternoon. Kercheval called the experience interesting and urged other Commissioners to participate in the public information process.
Commissioner Dori Nipps reported on a meeting of Leadership Maryland last week that toured correctional facilities at Jessup, Maryland.
Commissioners' President Greg Snook told the Board that an updated report on the Airport runway improvement project shows a possible completion date for the first phase of the project 6 months ahead of schedule, if weather conditions remain favorable. The project is on budget, and hauling of shale from the landfill to the runway site is 69% complete. The airport sold a used fuel truck, receiving $45,000 in that transaction, and the fueling station sold 783,000 gallons of aviation fuel, which was above projections for the fiscal year, Snook said. A letter from the State Department of Public Safety and Corrections reported on a recent assessment of the County's Detention Facility. Warden Van Evans and staff attained a 100% compliance rate with minimum standards for such facilities, and should be congratulated for that effort, Snook said. A decision on the Commission on Aging's request for funds to relocate will be on the agenda soon, Snook said. The COA has reported an increase in its monthly rent for fiscal year 2006. An article in a Frederick County newspaper stated that average rental costs for a 2-bedroom unit in Frederick is $1,187.00, Snook reported.
OTHER BUSINESS
County Administrator Comments: County Administrator Rod Shoop requested advertisement of a Permits Technician position in the Department of Permits and Inspections due to a resignation. The measure was approved by unanimous vote.
REPORTS FROM COUNTY STAFF
Office on Disability Issues Administrator Norman Bassett reminded the Board that July 26 th, 2005 is the 15 th anniversary of the Americans with Disabilities Act, signed into law by President George H.W. Bush in 1990. In accordance with that civil rights legislation, Washington County's programs and services are open to, and usable by everyone. Examples of continuing efforts by the County to improve programs and services include current renovation of the Courthouse and Annex and the recent airport terminal addition, Bassett said. Statistics show that approximately 17% of Americans have some form of disability, and the ADA was enacted to make sure that all businesses and government entities provide equal service to all people.
Sheriff's Department Captain Doug Mullendore told the Board that State Highway Administration officials will meet with representatives of Law Enforcement soon to discuss impacts a truck weigh station would have on traffic flow on I-81.
NORTH HAGERSTOWN HIGH SCHOOL/MIKE CALLAS STADIUM PROPOSAL
Members of the Mike Callas Stadium Committee brought this request, that the County partner with the State, the City of Hagerstown, and community donors to facilitate construction of a Stadium at North Hagerstown High School, before the Board. Commissioners President Greg Snook told the group that no decision would be made at the meeting, in order to give the Board time to discuss the proposal as presented. Stadium Committee Chairperson John Williamson said the request to the County is for funding of $500,000, plus financing, approximately 14% of the capital cost, to facilitate startup of the project in the fall of 2005. To date, the Committee has raised a total of $2.3 million ($1.9 million from private sources) and has committed to raise an additional $700,000 mostly from private sources. The project has been split into three phases, with the first being the playing field, home stand bleachers, concession stand, lights, press box and restrooms. Phase I cost is estimated at $3.5 million, including an estimated $1 million of infrastructure costs. The Field House, Phase II, and visitors' bleachers, Phase III have been delayed to a later date. It is estimated that approximately 74% of the project’s capital cost will come from private sources, Williamson said. $150,000 in Program Open Space funds have already been committed by Washington County, for use in rebuilding the running track. Williamson said the group has commitments of $100,000 from the City of Hagerstown and an additional $150,000 from the State. The group wants to break ground in September, and stated that it has an architectural firm on board and that a construction management firm would give support. A number of current and former North High students testified as to the need for the facility. Commissioners' President Snook asked about final cost estimates, and Commissioner Bill Wivell asked about Board of Education funding for the project. No funding commitment has been made by the BOE as yet, Williamson reported, even though that governing body has approved the concept. School Board Director of Facilities Rodney Turnbough reminded those assembled that a competitive bid process for architectural as well as construction work must be implemented under state law, and that a Request for Proposal for architectural design work is on the street. All contracts for such a facility would require State Board of Education approval, Turnbough said. Commissioner Snook said the project is important and that the County will work with the group. An in-depth discussion by the Commissioners will be held at next week's meeting. Part of that discussion would be on Program Open Space (POS) fund use limitations. State POS funds are used for creation of park facilities that would be open to public use.
CITIZENS PARTICIPATION
Each week the Board of County Commissioners sets aside time to hear from the Citizens of Washington County on matters of community interest.
Daniel Moller of Keedysville commented on densities for land zoned Preservation in the recently passed rezoning of rural areas.
Mark Crilley of Hagerstown commented on a recent reassignment of the Springfield Middle School Band Director.