HomeMy WebLinkAbout071127
November 26, 2007
Hagerstown, Maryland
JOINT PUBLIC HEARING – REZONING CASES RZ-07-007, RZ-07-008
& FCO-07-001
A joint public hearing of the Board of County Commissioners
of Washington County, Maryland and the Washington County
Planning Commission was convened in Court Room #l at 7:00
p.m. to hear testimony and receive evidence in rezoning Map
Amendments RZ-07-007 and RZ-07-008, and Text Amendment FCO-
07-001. Presiding at the hearing were County Commissioners
President John F. Barr and Planning Commission Chair George
Anikis. Also present at the hearing were County
Commissioners Vice President Terry L. Baker, and
Commissioners Kristin B. Aleshire, James F. Kercheval and
William J. Wivell, and Planning Commission members Bernard
Moser, Linda Parrish, Terry Reiber, Samuel Ecker, and Clint
Wiley. The public hearing was adjourned at 11:00 p.m.
__________________________,
County Administrator
,
County Attorney
, Clerk
November 27, 2007
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 10:15
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.
LOBBYING COALITION FUNDING REQUEST
Brien Poffenberger, Executive Director of the Hagerstown-
Washington County Chamber of Commerce and a member of the
Washington County Lobbying Coalition, met with the
Commissioners to request that they consider contributing
$10,000 toward the lobbying effort. The Lobbying Coalition
is a joint effort of the County, City of Hagerstown,
Chamber of Commerce, CHIEF, Greater Hagerstown Committee,
the Washington County Free Library and the Board of
Education. Mr. Poffenberger sited two recent successes of
the lobbying effort regarding a change in prisoner release
policy and identification of the threat to gaming revenue.
Mr. Poffenberger stated that the agenda for 2008 includes:
1) State funding for the expansion of the Western Maryland
Library; 2) State funding and changes to standards to allow
vacant buildings to be used as public facilities; 3)
Funding the Hagerstown Community College Capital
Improvement Plan budget; and 4) Inclusion of Washington
County in state-level BRAC discussions. The meeting was
opened for discussion and questions.
Motion made by Commissioner Kercheval, seconded by Baker,
to approve contributing $10,000 toward the lobbying effort
of the Washington County Lobbying Coalition. Motion
carried with Commissioners Kercheval, Baker, Aleshire and
Barr voting “AYE” and Commissioner Wivell voting “NO.”
SALARY REVIEW COMMITTEE RECOMMENDATIONS
Gary Rohrer, Chair of the Salary Review Committee, met with
the Commissioners to present the Committee’s
recommendations to the Commissioners. Mr. Rohrer thanked
the 13 volunteers who served as Committee members – Jill
Baker, Dan DiVito, Denny Embly, Dee Hawbaker, Jennifer
Kinzer, Randy Kretzer, John Latimer, John Martirano, John
Pennesi, Stephanie Stone, Ron Whitt, Randy Wilkinson, and
Brenda Wright. He stated that the Salary Review Committee’s
primary charge was to review requests from the FY 2008
budget for reclassifications/upgrades and one-time pay
increases. The Committee also reviewed the current Wage &
Salary Classification scale and the current employee
performance evaluation process.
NOVEMBER 27, 2007
PAGE TWO
Mr. Rohrer then reviewed the following recommendations: 1)
Approve the reclassifications presented with the current
report and to extend the Overtime Policy to Grade 13
employees for emergency call-outs only. 2) Adopt the
proposed changes to the performance appraisal system
effective January 1, 2008; 3) Adopt the proposed Grade and
Step Wage Classification Scale effective July 1, 2008; and
4) Adopt the proposed Grade and Step Transition effective
July 1, 2008. He stated that the fiscal impact in FY 2009
of the Committee’s recommendations would be $1,174,338,
which is $11,121 lower than what would be the projected
fiscal impact under the current method.
Recommended Reclassifications/Upgrades
Mr. Rohrer reviewed the Committee’s recommendations for
reclassifications/upgrades: Equipment Operator III to be
renamed Solid Waste Equipment Operator (Grade 8 to Grade
9); Court Reporter (Grade 9 to Grade 10); Police
Communications Operator I (Grade 8 to Grade 10) to be
renamed PCO Shift Supervisor; Public Safety Systems Manager
(Grade 11 to Grade 12); IT Service Specialist II (Grade 11
to 13), Permits & Inspection Director (Grade 17 to Grade
18), Senior Office Associate– Judicial (Grade 8 to Grade 9)
to be renamed Administrative Assistant; Office Associate –
Judicial (Grade 6 to Grade 8) to be renamed Senior Office
Associate; Sr. Office Associate – Detention (Grade 8 to
Grade 9) to be renamed Administrative Assistant; Senior
Office Associate – Patrol (Grade 8 to Grade 9) to be
renamed Administrative Assistant. The total fiscal impact
without benefits is $43,459. Mr. Rohrer also reviewed
those reclassifications that were not recommended. He
stated that the Committee is recommending that overtime be
addressed for the Assistant Collections/Dist. Supt.
Position at Water Quality in the same manner that it is for
Highway Supervisors by compensating for any overtime hours
above 5 per month.
Employee Performance Appraisal
Mr. Rohrer outlined the current 5-point performance
evaluation system. He stated that there have been problems
with the current system and form and the Committee has
developed a hybrid form using the current system and the
one used by the Washington County Public Schools. Mr.
Rohrer explained that four basic forms were developed for
the following classifications: 1) Maintenance and Field
Operations Personnel, 2) Business Operations Personnel, 3)
Technical Personnel, and 4) Division Director/Department
Heads and Deputies. The new form would use a three-point
evaluation system - excels, satisfactory, and
unsatisfactory for job performance.
Salary and classification scale
Mr. Rohrer informed the Commissioners that the Committee is
recommending that the County convert to a scale with grades
and steps similar to the one used at the Sheriff’s Office.
Colonel Randy Wilkinson reported on the success with
implementing this scale at the Sheriff’s Department.
The Commissioners thanked the Committee members for their
work. They asked for additional information and took the
recommendations under consideration to review in more
detail. Greg Murray, County Administrator, emphasized the
need for a decision in the near future due to the training
that would have to take place prior to implementation.
RECESS – LUNCH
The Commissioners recessed at 12:18 p.m. for lunch.
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.
MEETING WITH WASHINGTON COUNTY DELEGATION – LEGISLATIVE
ISSUES
The Commissioners met with members of the County Delegation
to discuss proposed legislative requests for 2008. In
attendance were Senator Donald Munson and Delegates LeRoy
Myers, Robert McKee, Christopher Shank, and Richard Weldon.
NOVEMBER 27, 2007
PAGE THREE
The Commissioners outlined their legislative proposals for
the upcoming 2008 legislative session and discussed each
item with the Delegation. The requests were grouped into
three categories:
Monitoring, Lobbying & Discussion Items
1)Support of Local Management Boards. Request
Delegation support in maintaining the structure and
financing of Local Management Boards.
2)Chesapeake Bay 2010 Fund. Request that the
Delegation monitor the means by which the Trust Fund
monies would be distributed, whether funds would
continue to tributary strategies, whether additional
fiscal burdens would be placed on local governments
in connection with new initiatives, and the effect of
the Fund’s operation on existing and prospective
business and residents.
3)Livery Service: Consideration of means to address
the provision of livery services for delivery of
bodies to the State Medical Examiner for autopsies.
Legislative Items
4)Building Excise Tax: Revision of enabling legislation
regarding calculation and application of the Building
Excise Tax. The Board seeks changes to allow them to
adopt responses to the respective Task Force
recommendations, allow for a range in the amount of
the excise tax that the Commissioners could adjust as
needed to address budget and infrastructure
requirements, and allow for a built-in escalator/de-
escalator that would adjust the permissible range of
the excise tax in conjunction with inflation and
deflation. Delegate Myers asked to see a
recommendation from the Commissioners on the range
and any escalator they would request.
5)Tip Jar Regulations: The Commissioners requested
approval of revisions to the Tip Jar Regulations to
clarify the definition of “tip jar” and prevent
introduction of unmonitored and unregulated gaming
devices in Washington County. James Hovis, Director
of the Gaming Office, explained that Allegany County
has recently been dealing with a number of issues
relating to electronic gaming devices. He stated that
the tip jar regulations do not specifically address
the use of these electronic devices and he reviewed
the proposed revisions. Mr. Hovis indicated that
these types of electronic devices do not allow for
independent auditing or verification that they are
operating in accordance with State law or County
Regulation by a regulatory authority.
6)Truck Parking: Request enabling legislation to give
consideration to passing an ordinance that prohibits
the parking of commercial trucks on public
residential roadways.
7)Electrical Board – the Commissioners proposed changes
in Title 8 of the Code of Public Local Laws to allow
the Electrical Board to implement regulations
governing the provision of electrical services in the
County with the approval of the County Commissioners;
allow changes to the regulations to be made at the
local level rather than in the General Assembly;
fully compliment the State’s laws governing
electrical services; and provide for local
regulations that reflect standards now codified in
the Public Local Laws.
8)Special Events Ordinance: Request for enabling
legislation to adopt a Special Events Ordinance
governing the permitting and public service
provisions of certain assemblies. The Commissioners
stated that this would enhance public safety by
requiring advance notice to the County of planned
events and allow for adequate planning to ensure that
enough staff is scheduled to provide for public
safety.
9)Sidewalk Ordinance, Code of Public Local Laws:
Revision of language enabling adoption of a sidewalk
ordinance. Mr. Downey stated that this would allow
the County to require property owners to maintain
and/or repair sidewalks abutting their properties and
require them to keep them in passable condition.
10)Procurement – Public Bid Threshold: Raise the
threshold from $25,000 to $50,000 before public
bidding is required.
11)Procurement – Professional Services: Revise the
method by which professional and specialized services
are awarded, distinguishing them from purchased
goods.
NOVEMBER 27, 2007
PAGE FOUR
Update of Obsolescent Language Items
12)County Clerk – Code of Public Local Laws: Update
language regarding duties of County Clerk to
accurately reflect present practices.
13)Road Engineer – update language to reflect current
County government structure and operation.
The Delegation discussed each issue and encouraged the
Commissioners to have staff draft the legislation and
forward it to them as soon as possible.
BID AWARD – SWIMMING POOL & WATER/WASTEWATER TREATMENT
CHEMICALS
Motion made by Commissioner Kercheval, seconded by Wivell,
to award the contract for swimming pool and
water/wastewater treatment chemicals to the lowest
responsive, responsible bidders as follows for a one-year
period: Item #10 (Sodium Hypochlorite) – Univar, Inc. -
$1.09/gal.; Item #12 (Hydrated Lime) – Carmeuse Lime Co. -
$141.71/ton; Item #14 (Sodium Hypochlorite, 80) – Univar
USA, Inc. - $2.38/gallon; Item #15 (Granular Activated
Carbon) – George S. Coyne - $1.95/lb.; Item #16 (Soda Ash,
Light) – Univar, Inc. - $0.244/lb.; Item #18 (Liquid
Aluminum Sulfate) – Univar, Inc. - $2.29/gal.; Item #19
(Powdered Activated Carbon) – Univar, Inc. - $0.93/lb.;
Item #20 (Chlorine Gas) – Univar, Inc. - $144.00/150 lb.
cylinder; Item #21A (Caustic Soda) – Univar, Inc. -
$2.17/gal.; Item #21B (Caustic Soda) – No Bid; Item #22A
(Ferrous Chloride Solution) – Univar, Inc. - $9.99/gal.;
Item #22B (Ferrous Chloride Solution) – Gulbrandsen
Technologies, Inc. - $0.662/bulk gallon; Item #23
(Hydrofluosilcic Acid) - Univar, Inc. - $6.90/gallon; Item
#24 (Granular Calcium Hypochlorite) – F2 Industries, LLC -
$1.36/lb.; Item 25 (Sulfur Dioxide Gas) - Univar, Inc. -
$166/cylinder; Item #26 (DelPAC 2020) – Univar, Inc. -
$0.1779/pound; Item #29 (Sodium Hypochlorite) – Univar,
Inc. - $1.79/gal.; Item #30 (Cyanuric Acid) – No Bid; Item
#31 (Calcium Chloride) – Univar, Inc. - $1.89/lb.; Item #32
(Muriatic Acid) – Univar, Inc. - $7.99/gallon; Item #34
(Enzymes) – Watec Co. - $679.00/drum; and Item #36 (DelPAC
2020) – Univar, Inc. - $194/50-55 gallon drum. Unanimously
approved.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – ONE (1) ALAMO BOOM
MOWER
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the Resolution authorizing the Highway
Department to purchase one (1) Alamo Boom Mower from Alamo
Industrial in the amount of $50,947.26 through the State of
Ohio contract (7751500508) in accordance with the terms and
conditions of that contract pursuant to Section 1-106.3 of
the Code of Public Local Laws of Washington County,
Maryland. Unanimously approved. (A Copy of resolution RS-
07-021 can be found in the Commissioners’ Office.)
CONSIDERATION OF THREE ANNEXATION REQUESTS
Town of Smithsburg Annexation Request
Mr. Thompson informed the Commissioners that the property
in question is located southeast of the current boundary
for the Town of Smithsburg in the area of Chris Court and
Crystal Falls Road. The William C. Breichner Water
Treatment Plant and the Town of Smithsburg’s water pumping
station are located on the property. The Town is
proceeding with the annexation process and is proposing GC
(General Commercial) zoning upon annexation under the Town
of Smithsburg zoning ordinance. The property is currently
zoned “C” (Conservation) under the County zoning ordinance.
The Town does not list this type of use in any of their
zoning districts. Based on this information, the staff has
determined that the County Commissioners need to make a
decision in regard to “express approval.” The meeting was
opened for discussion and questions from the Commissioners.
Motion made by Commissioner Wivell, seconded by Baker, to
grant “express approval” for the annexation request made by
the Town of Smithsburg for property on Chris Court and
Crystal Falls Road where the William C. Breichner Water
Treatment Plant and the Town of Smithsburg’s water pumping
station are located. The Town is proposing GC (General
Commercial) zoning upon annexation under the Town of
Smithsburg zoning
NOVEMBER 27, 2007
PAGE FIVE
ordinance and the property is currently zoned “C”
(Conservation) under the County zoning ordinance.
Unanimously approved.City of Hagerstown Annexation Request
(A07-05) Jones Homes LLC.
Michael Thompson, Director of Planning & Community
Development, reviewed the annexation request from the City
of Hagerstown for an existing lot and adjoining vacant
parcel consisting of approximately 20,000 square feet that
is adjacent to the City of Hagerstown municipal boundary on
Linwood Road. The property is currently zoned Residential
Urban (RU), and the applicant is requesting R-1
(Residential) zoning. Mr. Thompson stated that, based on
the information provided and a review of the proposed
zoning, the Planning staff believes the requested zoning is
consistent with the existing County zoning. The meeting
was opened for discussion with the Commissioners. It was
the consensus of the Commissioners that the annexation is
consistent with the existing County zoning classification
and no action is necessary since it does not require
“express approval.”
The Commissioners discussed the information and agreed with
the staff assessment that no action is required.
City of Hagerstown Annexation Request (A07-04) Bowman,
Hollyhock and Venetian Investments Annexation
Mr. Thompson reviewed the request for annexation made by
the City of Hagerstown for property located on Broadfording
Road adjacent to the I-81/MD Route 58 interchanges on the
west side of I-81. He stated that information provided
indicated that the proposed development would include
additional lands to the north and consist of a hotel, bank,
convenience store and several commercial buildings with a
total square footage of 68,450 square feet. The applicant
is requesting C-2 (Commercial General) zoning, which is
consistent with the existing HI-1 (Highway Interchange)
zoning. The property is designated for Industrial Flex on
the 2002 Comprehensive Plan and HI-1 is consistent with
this designation.
Mr. Thompson informed the Commissioners that the Planning
staff feels that comments should be made to the City
requesting that Broadfording Road be improved to its full
width to City standards and the portion of the roadway
fronting the site to Md. Route 58 be renamed as Garland
Groh Boulevard to make it consistent with the remainder of
the roadway in the area. Mr. Thompson indicated that the
City staff also recommends this action and the applicant’s
consultant indicated that they were in agreement.
Public Works Director, Joe Kroboth, informed the
Commissioners on discussions his department has had with
City staff over the last couple years recommending that
developers share in the costs of a comprehensive plan for a
variety improvements needed on portions of Broadfording
Road as a result of the new commercial and residential
development in this area. Each developer’s share would be
derived from the traffic generated from that specific
development which directly impacts Broadfording Road.
It was the consensus to approve staff’s recommendation for
Request A07-04 (Bowman, Hollyhock and Venetian Investments)
with comments that Broadfording Road be improved to its
full width to City standards, the future traffic signal be
located at the Broadfording Road and Garland Groh Blvd
intersection and the portion of the roadway fronting the
site to Md. Route 58 be renamed as Garland Groh Boulevard
and dedicated to the City. In addition, the County would
request that this developer share in their portion of the
costs for upgrading Broadfording Road as requested by the
County’s public works director.
SUBSTANCE ABUSE PREVENTION SERVICES AT ANTIETAM ACADEMY
Motion made by Commissioner Kercheval, seconded by
Aleshire, to award the contract for Substance Abuse
Prevention Services at Antietam Academy to the Washington
County Public Schools in the amount of $70,000, contingent
upon approval by the Board of Directors of the Washington
County Community Partnership for Children and Families, for
a term of November 1, 2007 through June 30, 2008 with an
option by the County to renew for up to two additional
consecutive one-year periods. Unanimously approved.
NOVEMBER 27, 2007
PAGE SIX
CONTRACT RENEWAL – LANDFILL INSPECTION SERVICES –
REQUIREMENTS CONTRACT
Motion made by Commissioner Aleshire, seconded by
Kercheval, to renew the contract for landfill inspection
services with Cumberland Geoscience Consultants, Inc. for
Contract Year 5 based on the rates contained in the letter
of request dated October 31, 2007: Construction Inspector:
Hourly rate for Straight Time - $40.53, Hourly rate for
overtime - $44.50; Senior Construction Inspector: Hourly
rate for straight time - $45.20, Hourly rate for overtime -
$49.61; and Principal Engineer - $93.50. Unanimously
approved.
RECESS
The Commissioners recessed at 3:57 p.m. Commissioner
Aleshire stated that he would not be able to attend the
evening session tonight in Keedysville due to a work
commitment.
EVENING SESSION – TOWN OF KEEDYSVILLE
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 7:00
p.m. at the Keedysville Town Hall by President John F. Barr
with the following members present: Vice President Terry L.
Baker, and Commissioners 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.
APPROVAL OF MINUTES – NOVEMBER 6 AND NOVEMBER 13, 2007
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the minutes of November 6 and November 13, 2007.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell reported on the Social Services Board
meeting.
Commissioner Kercheval reported on meetings of the Public
Golf Board and Mental Health Advisory Committee. He stated
that the Mental Health Advisory Committee is considering
disbanding and having their State obligation absorbed by
another non-county board. Based on past changes in State
funding practices to the Mental Health Authority, which
moved the State from a “grant funded” model to a “Fee for
Service” model, the need for a separate County advisory
board has greatly diminished. State law changes would be
required and the committee will be investigating those
changes needed at a future meeting. Commissioner Kercheval
informed the Commissioners that the Tri-County Council
meeting is scheduled for November 30 and noted that
Washington County has three vacancies to be filled on the
Council.
Commissioner Baker thanked the Town officials for meeting
with them. He reviewed the Program Open Space funding that
was provided to the Town of Keedysville. Commissioner
Baker stated that the Community Action Council meeting is
scheduled for November 29.
Commissioner Barr thanked the Town for hosting the meeting.
He reported on the Transportation Advisory Committee (TAC)
meeting. Commissioner Barr stated that he attended the
City of Hagerstown’s Christmas tree lighting ceremony and
the appreciation luncheon held for their volunteer board
members. He indicated that he would be attending a meeting
with Allegheny Power in the near future to receive an
update on the proposed placement of a new power line in the
area.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, thanked the Town of
Keedysville for hosting the meeting. He thanked Julianna
Albowicz, representative for Senator Barbara Mikulski, and
Sheriff Doug Mullendore for being in attendance. Jeff
Cline, Councilman for the Town of Williamsport,
congratulated the Commissioners for the good working
relationship they have with the municipalities. Mr. Murray
reminded the Commissioners of the Airport runway dedication
that is scheduled for November 30.
NOVEMBER 27, 2007
PAGE SEVEN
REPORTS FROM COUNTY STAFF
Sheriff Mullendore reviewed his reasons for requesting a
special events permit and agreed to relay the information
to the Delegation to the General Assembly.
CITIZENS’ PARTICIPATION
Mariam and Leo Reisberg asked the Commissioners for
assistance with problems that area residents are having on
Harper’s Ferry Road. Ms. Reisberg stated that several
river rafting companies have contracted with the National
Park Services for a place to drop-off and pick-up rafters.
These buses have created traffic hazards and unsafe
conditions on the narrow roadway. She indicated the need
for enforceable regulations to relieve the situation.
Phillip Post spoke to reinforce what Ms. Reisberg had
reported regarding the traffic problems on Harper’s Ferry
Road.
Barry Levey, Town Councilman, stated that he has seen GIS
maps showing the impact of electrical transmission lines on
terrain.
Matt Hull, Town Councilman, asked if the municipalities
were still permitted to piggyback on the County’s overlay
contract. The Commissioners assured him that the
municipalities were welcome to utilize this contract.
PROCLAMATION – ALZHEIMER’S AWARENESS MONTH
Commissioner Barr presented a proclamation to Terry Miller,
representing the Hagerstown Regional Office of the
Alzheimer’s Society, designating November 2007 as
Alzheimer’s Awareness Month and praising the Hagerstown
Regional Office for their programs, services, and advocacy
provided for those battling this destructive disease.
ADJOURNMENT
Motion made by Commissioner Baker, seconded by Kercheval,
to adjourn at 8:30 p.m. Unanimously approved.
_____________________________,
County Administrator
_____________________________,
County Attorney
________________________
County Clerk