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HomeMy WebLinkAbout071113 November 13, 2007 Hagerstown, Maryland At 8:00 a.m. the Commissioners attended the groundbreaking ceremony for the Barbara Ingram School for the Arts at 21 South Potomac Street in Hagerstown. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:40 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the People’s Choice Awards sponsored by the Community Foundation. He indicated that the Maryland Association of Counties informed him of questions they had received from the Local Delegation to the General Assembly regarding the County’s fund balance and that he met with the County’s Director of Finance to compile the relevant information. Commissioner Kercheval commended the local veterans and those currently serving in the military and thanked those organizations who held Veterans Day events. Commissioner Aleshire informed the Commissioners that he attended the Veterans Day ceremony held yesterday at the Court House. He stated that he attended the Williamsport Mayor and Council meeting and reviewed the issues that were discussed at that meeting. Commissioner Aleshire reported that he would be attending a seminar on sewer resource allocation sponsored by the Maryland Department of the Environment. He asked that the group who performed the clean-up on the Antietam Watershed be scheduled on the agenda to make a report. Commissioner Aleshire informed the Commissioners that he is compiling accurate numbers on the Excise Tax to respond to editorials in the local newspaper that contained incorrect information. Commissioner Barr apologized for not being available to attend any of the Veterans Day ceremonies because he was out of town. He reported on meetings of the Economic Development Commission and PenMar Development Commission. Commissioner Barr stated that he attended the People’s Choice Awards and an event at the Center for Business & Training. He asked for an update on the Sheriff’s Department Deputy who was injured in an automobile accident last night. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Director of Human Resources, introduced new County employee David Swain (Water Quality Department). The Commissioners welcomed Mr. Swain and wished him well in his new position. UPDATE – AIR QUALITY STATUS Jill Baker, Senior Planner, met with the Commissioners to provide an update on Washington County’s air quality status. She requested endorsement of the request made by the Maryland Department of the Environment (MDE) to the Environmental Protection Agency (EPA) for re-designation of Washington County demonstrating attainment status of the 8- hour ozone standard. Ms. Baker explained that the changes in EPA’s National Ambient Air Quality Standards for Ozone place Washington County in a non-attainment status. The EPA developed a process by which these new non-attainment areas could request a deferred status and if the areas could demonstrate attainment by December 2007, attainment status would be granted to the area. Ms. Baker reviewed the actions taken to develop an Early Action Plan to meet the Clean Air Standards. She stated that the final progress report demonstrating whether the County has met its attainment goal would be sent to EPA in December. Ms. Baker reported that the ozone levels have been reduced and are below the current standards, but she noted that EPA is reviewing its standards again. The meeting was opened for NOVEMBER 13, 2007 PAGE TWO questions from the Commissioners. It was the consensus of the Commissioners to endorse the request to EPA to re- designate Washington County as an attainment area. WORKFORCE HOUSING PROJECT Dave Jordan, Executive Director of the Community Action Council, and Larry Bayer, Community Development Director for the City of Hagerstown, appeared before the Commissioners to request that they participate in the development of a Workforce Housing Program. Mr. Jordan explained that the program would construct four (4) duplex dwellings and one single-family detached unit on a vacant lot owned by the City of Hagerstown for a total of nine (9) units. He stated that the units would be sold for $130,000 to $135,000 and would provide a 1,200-1,500 square foot home. Mr. Bayer indicated that the land on which the units would be built would be retained by a Land/Housing Trust to maintain the workforce housing affordability. He stated that funding for the project would include local, state and federal sources and that proceeds from the sale of the units would be used to create a revolving fund to assist with similar projects. The home would have to be used as the homeowners’ principal, primary residence for a specified amount of time. The meeting was opened for questions and discussion. Commissioner Kercheval asked that they also consider rehabilitating older housing units in the future as well as new construction. It was the consensus of the Commissioners to support the request to include $400,000 in workforce housing funds from the County. Commissioner Wivell stated that he does not support the request. CITIZENS’ PARTICIPATION There was no one in attendance who wished to participate. REAPPOINTMENT – DISABILITY ADVISORY COMMITTEE Motion made by Commissioner Kercheval, seconded by Aleshire, to waive the two-term limit requirement and reappoint Peggy Martin to the Disability Advisory Committee for a three-year term and to reappoint Erin Teach for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, distributed a report that summarized the Commissioners’ recommendations for the Excise Tax Report that were discussed last week. He asked them to review the recommendations and make any necessary changes before it is sent to Delegation. Mr. Murray reminded them that the Economic Development Summit is tomorrow evening. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Public Works, informed the Commissioners that work being done on the railroad crossing on Longmeadow Road has been rescheduled and will begin tomorrow. PUBLIC HEARING – REPEAL, ENACTMENT & ADOPTION OF VARIOUS CODES The Commissioners convened in public hearing at 11:04 a.m. to hear public comment regarding the repeal, enactment and adoption of the following: Repeal 2003 International Residential Code for One and Two-Family Dwellings, Fourth Printing, with local amendments and Enact the 2006 International Residential Code for One and Two-Family Dwellings, First Printing, with local amendments; Repeal 2003 International Building Code, Fifth Printing, with local amendments and Enact the 2006 International Building Code, First Printing, with local amendments; Repeal 2003 International Plumbing Code, with local amendments and enact the 2006 International Plumbing Code, Second Printing, with local amendments; Repeal 2003 International Mechanical Code, First Printing, with local amendments and enact the 2006 International Mechanical Code, First Printing, with local amendments; Enact the 2006 International Fuel Gas Code, Second Printing, with local amendments; Enact the 2006 ICC Electrical Code – Administrative Provisions, First Printing, with local amendments; Adopt the Maryland Building Rehabilitation Code, including the Maryland Building Rehabilitation Code Guidelines; and Adopt Civil Citations Guidelines. NOVEMBER 13, 2007 PAGE THREE Daniel DiVito, Director of the Department of Permits & Inspections, reviewed the amendments that were made and addressed questions from the Commissioners. Mr. DiVito stated that the amendments were posted to the website and that his office has not received any other comments from the public. He informed the Commissioners that there will be a phase-in period of three-months. The meeting was opened for public comment. Gary Austin had questions regarding civil citation issues and the appeals process. John Townes expressed concern regarding the 12-inch minimum depth for a sewer line in Section 305 of the Plumbing Code Section 305. Mr. DiVito stated that he was relying on the expertise of the Plumbing Board. The Commissioners asked him to get feedback from Plumbing Board and other jurisdictions regarding this issue. Tim Fields commended the Permits Department for their willingness to listen to outside opinions. The hearing was closed at 11:27 a.m. HISTORIC ADVISORY COMMITTEE RECOMMENDATIONS Ralph Young, Chair of the Historical Advisory Committee, Patricia Schooley, and George Anikis, met with the Commissioners to present recommendations regarding historic preservation issues. Ms. Schooley stated that the Committee is recommending that the County sell the historic stone house on French Lane with protective easements in order to return it to the tax rolls and save it for future generations. She also urged the Commissioners to find an adaptive reuse of the Brumbaugh-Kendle-Grove farmstead, which sits at the edge of the new Airport runway. Ms. Schooley suggested that it could be used for the Hagerstown Aviation Museum or as a Welcome Center. Tom Riford, Director of the Hagerstown-Washington County Convention and Visitors Bureau, stated that he supports the need for a welcome center in the I-81 corridor, but he is not sure that the location of the property would meet the State’s criteria. The Commissioners asked staff to research the positions of the FAA and State Historic Trust regarding the property. Mr. Young also recommended that another Historic Sites Survey be done to include the structures that were missed in the previous effort and to include the structures built between 1875 and 1925. Mr. Anikis recommended that the Historic District Commission be empowered to prevent demolition permits from being issued and that the code be strengthened so that penalties for demolition without permit be enforced and fines increased. He stated that he feels the current ordinance has “no teeth” and that the process needs to be tightened up. The Commissioners thanked the Historic Advisory Committee for presenting their recommendations. CITIZEN SCRAP TIRE DROP-OFF DAY Harvey Hoch, Recycling Coordinator, met with the Commissioners to review the Amendatory Agreement with the Maryland Environmental Service (MES) that is required for participation in the 2007 Citizen Scrap Tire Drop-off Day. He provided a history of the program and revisions in the proposed agreement. Mr. Hoch stated that MES would organize and monitor the event. He explained that the purpose of a tire amnesty day is to provide residents with a free, responsible disposal option for a small number of scrap tires. Mr. Hoch informed the Commissioners that MDE has only guaranteed funding for the transportation and disposal of up to 90 tons of scrap tires. He stated that the rules were adjusted in 2004 to reduce the risk of exceeding State funding. The State would provide reimbursement for up to 90 ton of scrap tires and delivery of up to a maximum of 8 containers to transport scrap tires collected during the event and $1,450 for advertising costs. Commissioner Kercheval suggested that the parameters of the program be revised to permit up to ten (10) total tires per household but that the total number be subject to the limitation that no more than two of the tires be tractor tires. After discussion, the Commissioners agreed to the revision. Motion made by Commissioner Wivell, seconded by Baker, to participate in 2007 Citizen Scrap Tire Drop-off Day and approve the execution of the Amendatory Agreement with the Maryland Environmental Service for this project with revisions as proposed. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 12:08 p.m. for lunch. NOVEMBER 13, 2007 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:15 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. PRESENTATION OF FY 2007 AUDITED FINANCIAL STATEMENTS Mike Manspeaker, representing Smith Elliott Kearns & Company, appeared before the Commissioners to present the County's Fiscal Year 2007 audit report. He stated that the Management’s Discussion and Analysis is designed to give an overview in discussion format. He provided an explanation of the different funds, component units, notes to the financial statement, and the supplemental information included in the audit. Mr. Manspeaker reported that the County has a “clean” unqualified financial report again this year. He then provided a detailed review of the audit report, including the General Fund, Highway Fund and Capital Improvements Projects. Mr. Manspeaker explained that the audit is broken down into categories of governmental activities and business-type activities. Also included is a component unit for the Board of Education. He stated that the General Fund ended with a surplus of $3.7 million in revenues over expenditures. Mr. Manspeaker reviewed the transfers into the Capital Improvement Project (CIP) fund. He also reviewed the proprietary funds (business-type activities): Water Quality, Solid Waste, Transportation, Airport, and Black Rock Golf Course. The meeting was opened for questions from the Commissioners. The Commissioners thanked Mr. Manspeaker for his presentation, and the Finance Department staff for their efforts. LEGISLATIVE AGENDA ITEMS – 2008 GENERAL ASSEMBLY Kirk Downey, Assistant County Attorney, distributed a list of items suggested by various County Commissioners and staff for the 2008 legislative agenda. The list was divided into the following categories: lobbying efforts, legislative issues, and discussion items. Mr. Downey requested that the Commissioners review each item and determine which of the listed requests they would like to present to the Local Delegation as the County’s Legislative Package. 1)Building Excise Tax: Revision of enabling legislation regarding calculation and application of the Building Excise Tax. 2)Roads – Title 7 – Code of Public Local Laws: Update and revise by removing obsolete items. 3)Truck Parking: Request enabling legislation to give consideration to passing an ordinance that prohibits the parking of commercial trucks on public roadways. 4)Procurement – Public Bid Threshold: Raise the threshold from $25,000 to $50,000 before public bidding is required. 5)Procurement – Professional Services: Revise the method by which professional and specialized services are awarded, distinguishing them from purchased goods. 6)Fire Tax/Fee: Request enabling legislation for assessment of a fire/emergency services tax or fee, if recommended by Task Force. 7)Electrical Regulation, Title 8 – Code of Public Local Laws: Remove specific regulations from the Code and replace them with enabling language that allows the Electrical Board to adopt and revise regulations after review by the Board of County Commissioners. 8)Special Events Ordinance: Request for enabling legislation to adopt a Special Events Ordinance governing the permitting and public service provisions of certain assemblies. 9)County Clerk – Code of Public Local Laws: Update language regarding duties of County Clerk to accurately reflect present practices. 10)Support of Local management Boards. Request Delegation support in maintaining the structure and financing of Local Management Boards. 11)Green Fund: Monitor impact of Green Fund Initiative on local governments. NOVEMBER 13, 2007 PAGE FIVE 12)Livery Service: Consideration of means to address the provision of livery services for delivery of bodies to the State Medical Examiner for autopsies. 13)Sidewalk Ordinance, Code of Public Local Laws: Revision of language enabling adoption of a sidewalk ordinance. The Commissioners reviewed each of the recommended items and agreed to submit them to the Delegation for consideration with the exception of the request for a fire tax/fee. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 3:51 p.m. to discuss the appointment, assignment, compensation, and/or performance evaluation of appointees, or officials over whom it has jurisdiction; other personnel matters that affect one or more specific individuals; and to consult with counsel to obtain legal advice, 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 Aleshire, seconded by Kercheval, to reconvene in open session at 4:22 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, assignment, and/or performance evaluation of appointees or officials over whom it has jurisdiction; personnel matters that affect one or more specific individuals; and consulted with counsel to obtain legal advice on a legal matter. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were: Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; and Jim Sterling, Director of Buildings, Grounds, and Parks. APPOINTMENT – AIRPORT ADVISORY COMMISSION Motion made by Commissioner Aleshire, seconded by Kercheval, to appoint Brett Wilson to the Airport Advisory Commission for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Baker, to adjourn at 4:23 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk