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HomeMy WebLinkAbout080429 April 29, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:30 a.m. by President John F. Barr with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 15 & 22, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of April 15 and 22, 2008. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that the Metropolitan Planning Organization met with the firm hired to do the Long Range Transportation Study, and the study on the impact of highway projects on air quality. He reported on a joint meeting of the Planning Department staff and Maryland Department of Planning in regard to Priority Preservation Areas. Commissioner Kercheval stated that he attended a meeting on the proposed retail development in Hancock. He noted that the Teen Pregnancy Prevention Coalition is presenting “Know Love, Know Power” on May 9 targeted to teens. Commissioner Kercheval informed the Commissioners that the Community Partnership identified funding that could be used to extend the Hopewell Express bus service for another year until permanent Federal Funds are in place. He also asked for an update from the Transit Department on preparations for bus route changes when Jonathan Street is closed for repairs. Commissioner Aleshire stated that he attended the City Council session to hear discussion on the changes proposed to their Comprehensive Plan prior to its adoption. He indicated that the Plan was adopted and noted that the changes made regarding zoning of property proposed for annexation will have an effect on the City and the County. He reiterated that he feels that the County and City officials should meet jointly on this issue. Commissioner Kercheval stated that he was disappointed in some inaccurate comments that were made at the City Council meeting regarding the annexation process and was hoping that they would be corrected. He reported on the Solid Waste Advisory Committee meeting and noted that the Committee is recommending increasing the fee for the purchase of mulch at the landfill. The Commissioners discussed the issue and the possibility of authorizing an increase in the fee to $25 per ton. They asked the County Attorney to research whether this proposal would require a public hearing. Commissioner Wivell stated that he attended the AFL-CIO Workers Memorial Day ceremony and presented a proclamation on behalf of the County. He reported on the Social Services Advisory Board meeting. Commissioner Wivell stated that he attended the meeting on the proposed development in Hancock. Commissioner Barr stated that he attended the Workers Memorial Day ceremony, the Crystal Ball fundraiser, the Walk Across Maryland, and the groundbreaking ceremony for the new Orrstown Bank. He informed the Commissioners that he attended preparatory meetings to plan the agenda for the “Capital for a Day” event. He also noted that the Kiplinger’s Letter on business costs projects that there will be a substantial increase in the price of steel this year. PROCLAMATION – OLDER AMERICANS MONTH Commissioner Barr presented a proclamation to Susan MacDonald, Executive Director of the Washington County Commission on Aging, designating the month of May 2008 as Older Americans Month. He urged all citizens to honor older adults and those who care for them and to participate in and promote activities that contribute to helping older Americans make choices for a healthy and rewarding future. APRIL 29, 2008 PAGE TWO WASHINGTON COUNTY HISTORY WEEK AND MUSEUM RAMBLE James Neville, Executive Director of the Washington County Historical Society and Miller House Museum, and Tom Riford, Executive Director of the Convention & Visitors Bureau, appeared before the Commissioners to provide information about the Fourth Annual Museum Ramble, which is being held on May 3-4, 2007. Mr. Neville stated that the ramble is a special self-guided tour of the many museums throughout Washington County. He distributed brochures on the event and the 22 museums that would be featured and informed the Commissioners that the ramble would start at the Visitors Welcome Center. Mr. Riford presented the Commissioners with the Museums & Historical Sites Guide highlighting all of the museums in Washington County. Commissioner Aleshire presented a proclamation to Mr. Neville and Mr. Riford in celebration of History Week April 28 – May 4, 2008, and in recognition of the efforts of the Association of Museums and Historic Sites and in celebration of the Third Annual Museum Ramble to promote these sites in Washington County. CITIZENS’ PARTICIPATION Phil Physioc spoke to the Commissioners about a lawsuit filed by the County against Henry Physioc relating to property located in the Mt. Aetna area. He distributed information to the Commissioners relating to the property. INTERGOVERNMENTAL COOPERATIVE PURCHSE – TRAFFIC SIGNAL LIGHT EMITTING DIODES (LED) ACCESSORIES Motion made by Commissioner Kercheval, seconded by Wivell, to approve the Resolution (Resolution No. RS-08-05) authorizing the Highway Department to purchase traffic signal LED accessories from RGA, Inc. at a cost of $28,602 through the contract that was awarded by Howard County, Maryland Office of Purchasing (#07-006) with the terms and conditions of that contract resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, informed the Commissioners that the current mulch fee of $15 per ton was included and approved as part of the Landfill’s fee schedule previously adopted by the Commissioners by Resolution in 2006. Mr. Martirano indicated that there would have to be a public hearing held before the Commissioners could increase the current mulch fee and amend the current Fee Schedule and Resolution. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Wivell, seconded by Aleshire, to reappoint David Williams to the Board of Zoning Appeals for a three-year term. Unanimously approved. REAPPOINTMENT – MENTAL HEALTH AUTHORITY Motion made by Commissioner Aleshire, seconded by Kercheval to reappoint Charlton “Tony” Reeder to the Mental Health Authority for a second three-year term. Unanimously approved. REAPPOINTMENTS – LOCAL MANAGEMENT BOARD Motion made by Commissioner Aleshire, seconded by Kercheval, to reappoint Patsy Campbell and Mark Lannon to the Local Management Board for three-year terms. Unanimously approved. REAPPOINTMENTS – PENMAR DEVELOPMENT CORPORATION BOARD Motion made by Commissioner Kercheval, seconded by Aleshire, to reappoint Peggy Bushey, Michael Mason, John Simpson, and Michael Zampelli to the Board of Directors of the PenMar Development Corporation for four-year terms. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that the ribbon-cutting ceremony for the new infield at Municipal Stadium is scheduled for Friday, May 2. The budget hearing is scheduled for May 13 at the Kepler Theater. He reported on the roundtable meeting of the APRIL 29, 2008 PAGE THREE elected Board of Education and the Recreation and Parks Department regarding scheduling and use of gymnasiums and facilities. REPORTS FROM COUNTY STAFF Bill Sonnik, Director of Human Resources, requested authorization to fill the position of Section Supervisor (Eastern Section) at the Highway Department. He stated that Ronnie Ridenour will be retiring from this position. Motion made by Commissioner Wivell, seconded by Kercheval, to authorize filling the position of Section Supervisor at the Highway Department. Unanimously approved. Motion made by Commissioner Kercheval, seconded by Aleshire, to promote Bardona Woods to fill the position of Director of Emergency Communications (Grade 14) in the Division of Fire & Emergency Services. Unanimously approved. Michael Thompson, Director of Planning & Community Development, informed the Commissioners that the Planning Department staff attended a meeting with Department of Natural Resources personnel specializing in power plant research to discuss power issues throughout the State. He stated that the 500 kv line that is proposed to run through southern Washington County was discussed although the State has not received an application from Allegheny Energy to date. Mr. Thomas indicated that the staff is preparing information for the Public Service Commission to review. Kevin Lewis, Acting Director of the Division of Fire and Emergency Communications, informed the Commissioners that the Advisory Committee for the Consolidation of 911 Services would like to schedule a joint meeting on May 29 with the County Commissioners and City Council regarding the project. Mr. Lewis stated that the County would be participating with State agencies on a national coordination exercise. He also noted that written testing for the ALS positions would be held on May 31. (Commissioner Baker arrived at the meeting at 11:06 a.m.) COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN Sonja Hoover, EDC Fiscal/Research Specialist, appeared before the Commissioners to recommend the adoption of a Citizen Participation Plan for the Maryland Community Block Grant (CDBG) Program. Ms. Hoover explained that Federal regulations require that each unit of general local government receiving or expecting to receive CDBG funds must adopt a Citizen Participation Plan to meet the citizen participation requirements of 24 CFR 570.486 and 24 CFR 91.115(e). She then reviewed the proposed Plan and stated that it would provide for and encourage citizen participation; ensure that citizens will be given reasonable and timely access to local meetings, information and records relating to the unit of general local government’s proposed and actual use activities; furnish the citizens information about CDBG funds and activities; provide technical assistance; provide a minimum of two public hearings; provide citizens with notice of, and opportunity to comment on, proposed activities in an application to the State of Maryland; and provide citizens the opportunity to submit complaints and grievances. Commissioner Kercheval suggested that the plan include the County’s website as a source of information. Motion made by Commissioner Kercheval, seconded by Aleshire, to adopt the updated Maryland Community Development Block Grant Program Citizen Participation Plan as amended. Unanimously approved. (A copy of the approved plan is attached to the minutes.) RIGHT-OF-WAY PURCHASE – GOVERNOR LANE BOULEVARD Joe Kuhna, Real Property Administrator, met with the Commissioners with a request from RLR Investments, LLC, that the County sell a 95-foot strip of land along the frontage of the parcel at 10120 Governor Lane Boulevard to allow them to expand their business and parking. Mr. Kuhna stated that RLR would like to expand at their current location to accommodate 30 APRIL 29, 2008 PAGE FOUR new terminal spaces, a new office building and employee parking facilities. He noted that the 95’ right-of-way is part of the County’s current 200’ right-of-way associated with Governor Land Boulevard. The meeting was opened for questions from the Commissioners. The Commissioners expressed concerns about the impact of giving up this right-of-way in the event that Governor Lane Boulevard would need to be widened in the future. The Commissioners also had concerns about other businesses making similar requests and the amount they should contribute so that the full cost is not borne by the taxpayers. They asked Mr. Kuhna to convey their concerns to RLR Investments and ask that they consider redesigning the plan to move facilities to the rear of their property. The Commissioners also asked for additional information regarding the long-range plans for Governor Lane Boulevard. PROPERTY ACQUISITION – LONGMEADOW ROAD Joe Kuhna, Real Property Administrator, and Rob Slocum, Acting Director of Capital Improvements, asked the Commissioners to approve an option agreement to purchase property at 19327 Longmeadow Road. Mr. Kuhna stated that three homes along Longmeadow Road would interfere with the future widening efforts at the intersection at Longmeadow Road and Marsh Pike. He informed the Commissioners that the property was appraised and the County has made an offer to purchase it based on that appraisal. Mr. Kuhna reviewed a drawing of the proposed new alignment of the intersection project. Mr. Slocum stated that the property is now vacant and felt it would be prudent to purchase it at this time. Motion made by Commissioner Aleshire, seconded by Kercheval, to purchase the property located at 19327 Longmeadow Road as it is needed for public use and to approve the option agreement for the acquisition of the property in the amount of $285,000 as it is necessary for the future intersection-widening project at Longmeadow Road and Marsh Pike. Motion carried with Commissioners Aleshire, Kercheval, Baker and Barr voting “AYE” and Commissioner Wivell voting “NO.” During the afternoon session, Commissioner Baker stated that he wished to change his vote on this matter to “NO.” The Commissioners gave their unanimous consent to allow him to change his vote. Therefore, the motion to approve the purchase as presented by Staff carried on a 3-2 vote. RECESS – LUNCH The Commissioners recessed at 11:36 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:02 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. FOREST CONSERVATION ACT – CERTIFICATE OF RECOGNITION Elmer Weibley, District Manager for the Washington County Soil Conservation District (WCSCD), appeared before the Commissioners to provide information about the State’s Forest Conservation Act. Mr. Weibley introduced the members of his Soil Conservation District Board of Directors who were in attendance. He provided a history of the program in the County, and indicated that the WCSCD implements certain aspects of it for the County through a formal Memorandum of Understanding. Mr. Weibley stated that the WCSCD was selected from the 3,000 soil conservation districts across the United States to receive the District Excellence Award for Forestry Resources for 2007 by the National Association of Conservation Districts for his management of this program. Mr. Weibley reviewed the program and stated that a total of 495 acres of forest have been placed under permanent conservation easement and that an additional 105 acres are expected to be added during 2008. He noted that the WCSCD is committed to stewardship of these projects for a period of twenty years. Washington County pays the District $700 per acre for each acre placed under easement. Mr. Weibley stated that the close partnership between WCSCD, Washington County, and the Maryland Forest APRIL 29, 2008 PAGE FIVE Service has resulted in the completion of high quality projects that enhance the forest resource base of Washington County. Commissioner Barr presented a Certificate of Merit to Mr. Weibley; Betty Myers, Chair of the Soil Conservation Service Board of Directors; and Neil Rotruck, representing the Department of Agriculture, in recognition of receiving the 2008 District Excellence Award for Forestry Resources. They commended the Soil Conservation District for their commitment to stewardship and preservation of existing and future forests. REZONING MAP AMENDMENT RZ-07-008 (BOWMAN 2000, LLC) Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the rezoning case with the hope that they will reach a consensus. He would then develop findings of fact and articulation of reasons for the decision, which would be brought back for final adoption at a future meeting. Mike Thompson, Director of Planning & Community Development, and Stephen Goodrich, Senior Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-07-008, as submitted by Bowman 2000, LLC to rezone 17.42 acres of land located at the southwest corner of Mack Truck Road and Precision Place from IR- Industrial Restricted to HI-1 Highway Interchange I. Mr. Goodrich stated that the Planning Commission voted to recommend approval of the request based on a change in the character of the neighborhood. The meeting was opened for questions of the staff. Mr. Downey reviewed the process for rezoning applications. Commissioner Kercheval stated that he supports the rezoning request as a mistake in the original zoning. He cited the Planning Commission’s support of the application and the fact that the property has water and sewer service. Commissioner Kercheval felt that the property was mistakenly zoned on the existing use at that time rather than when taking into consideration what zoning should be at that location if the current business ceased to exist. He stated that the property is located near an interchange, has interstate access which would make it foreseeable to the County that this property would be more economically viable if it were zoned HI-1 rather than IR, it is located within the Urban Growth Area boundary, and is consistent with the Land Use Plan adopted in the Comprehensive Plan. It was the consensus of the Commissioners to approve the rezoning request based on a mistake in the original zoning. DISCUSSION – DOUB PROPERTY REQUEST FOR ANNEXATION Mike Thompson, Director of Planning & Community Development, summarized the changes made in the City of Hagerstown’s Comprehensive Plan regarding the request for annexation of the Doub Property. Mr. Thompson indicated that the majority of the property would be zoned C-4 for the proposed regional shopping center. He indicated that this zoning is significantly different than the County’s current zoning on the property, and the County would have to grant express approval if the owner wants to develop based on their initial request. Greg Murray, County Administrator, asked the Commissioners to let the staff know what additional information they would like to have provided prior to placing it on the agenda. The Commissioners also questioned whether the State Highway Administration would approve an intersection so close to the exit on Interstate 70. Commissioner Kercheval asked that more time be given to the process for annexation requests to include staff evaluation and preliminary consultation prior to being placed on the Commissioners’ agenda for their consideration. Commissioner Wivell stated that the Commissioners need to determine which of the two sites is more appropriate for a shopping center since the area cannot support two complexes in the same vicinity. Commissioner Aleshire emphasized the need for communication with the City on both sites and suggested that they not be looked at exclusively. The Commissioners agreed that they need additional information from the Staff before they could consider this issue. APRIL 29, 2008 PAGE SIX REZONING MAP AMENDMENT RZ-07-007 (MARTIN MARIETTA MATERIALS, INC.) Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the rezoning case with the hope that they will reach a consensus. He would then develop findings of fact and articulation of reasons for the decision, which would be brought back for final adoption at a future meeting. Mike Thompson, Director of Planning & Community Development, and Stephen Goodrich, Chief Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-07-007, as submitted by Martin Marietta Materials, Inc. to rezone 77.08 acres of land located on the south side of Maryland Route 68 from A- Agricultural (Rural) to A- Agricultural (Rural) with an Industrial, Mineral Overlay. Mr. Goodrich stated that the Planning Commission voted to recommend approval of the request with conditions. He reviewed the six proposed conditions of the rezoning which address access, blasting, well protection, and historical structures. Mr. Goodrich indicated that factors that are required to be specifically addressed in deliberations in an IM floating zone cases are 1) the purpose of the IM zone, 2) applicable policies of the Comprehensive Plan, 3) compatibility with adjacent properties, and 4) effects on the public roadways. He stated that the applicant also offered to revise the water replacement program and agreed to provide a temporary water supply within 2 hours of when first notified that wells are not producing for residential properties and three hours for agricultural ones. The meeting was opened for questions of the staff. Mr. Downey reviewed the process for rezoning applications. Commissioner Kercheval stated that he supports the rezoning request and prefers expansion to development of a new quarry. He stated that he believes that most of the comments heard at public hearing were to stop quarrying activity in the area but the company would still be able to operate for 15 more years without the approval of this rezoning request. Commissioner Kercheval indicated that traffic would remain the same, the blasting plans have been addressed and they are located away from the Rural Village and other homes. He noted that concerns were addressed through the conditions imposed by the Planning Commission recommendation and those offered by the applicant including the condition that blasting records need to be forwarded to County as well as to the State if they are over the limit. He asked that a bi-annual mailing be used to those in the zone of influence with contact information if a resident is experiencing well problems. Commissioner Kercheval also stated that he feels it would be appropriate to consider establishing a Citizen Community Board to meet twice a year with quarry officials. Commissioner Aleshire stated that he does not believe the request meets the issues of compatibility and cited issues of noise, dust, and operations near existing homes in the area. He also cited negative impacts to water resources. Commissioner Aleshire talked about the existing property and historic structures on it and feels it does not meet the compatibility issues. Commissioner Wivell indicated that he is not ready to make a decision today and that he is disappointed with the boundaries of the State’s zone of influence for the quarry. He stated that the applicant should set aside a reserve fund for purchasing residential properties that adjoin their existing property and to address any claims of damages by property owners in the area. He also suggested that the applicant agree to move the historic farmhouse and structures. Commissioner Wivell cited his concerns on blasting issues and the responsiveness of the quarry. Commissioner Baker cited concerns with the 500’ setback to current structure and with trucks using Maryland Route 68. He stated that the applicant made no offer to give additional setbacks to property owners near the existing quarry. Commissioner Baker indicated that they have not addressed damages to the roads into the Town of Williamsport and have not addressed the historic home to his satisfaction. He stated that he is not ready to move forward and take a position at this time. APRIL 29, 2008 PAGE SEVEN Mr. Downey stated that the applicant could agree to address the concerns raised today and this matter could be rescheduled on the agenda for further discussion. If not, the Commissioners may deny the application or the applicant may withdraw it prior to a decision being made by the Commissioners. John Urner, counsel for Martin Marietta, stated that he is willing to sit down and discuss the concerns heard today in any forum the Commissioners feel is appropriate. He stated that he feels there is some misunderstanding although there are some items that can be addressed. Mr. Urner indicated that the establishment of the zone of influence is a State function and Martin Marietta cannot change that boundary. PUBLIC HEARING – AGRICULTURAL LAND PRESERVATION DISTRICTS The Commissioners convened a public hearing at 3:07 p.m. to consider applications AD-07-002, AD-07-005, AD-07-006, AD- 07-007, and AD-07-008 for ten-year agricultural preservation districts. Eric Seifarth, Rural Preservation Administrator, provided background information regarding the program. Sara Edelman, Land Preservation Planner, reviewed each of the applications for consideration. He noted that the Agricultural Land Preservation Advisory Board has approved the applications and the Planning Commission has found that granting the applications would be consistent with the Comprehensive Plan. The hearing was opened for public comment. There was no one in attendance who wished to comment. The hearing was closed at 3:13 p.m. Motion made by Commissioner Kercheval, seconded by Baker, to approve applications AD-07-002 (submitted by Myron and Janet Martin, AD-07-005 (submitted by Windy Willow Farm, Inc.), AD-07-006 (submitted by Jay Richard Miller), AD-07- 007 (submitted by Kenneth Thomas), and AD-07-008 (submitted by Kenneth Thomas), for 10-year agricultural land preservation districts as presented. Unanimously approved. REQUEST TO CHANGE VOTE – PROPERTY ACQUISITION ON LONGMEADOW ROAD Commissioner Baker stated that he voted in support of the property acquisition on Longmeadow Road during the morning session, but would now like to change his vote, as the purchase price is higher than the assessed value. John Roberts Rules of Order Martirano, County Attorney, cited that after a vote is taken and the results announced, a vote may only be changed with the unanimous consent of the assembly. The Commissioners discussed the request and gave their unanimous consent for Commissioner Baker to change his vote. ADJOURNMENT Motion made by Commissioner Baker, seconded by Aleshire, to adjourn at 3:17 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk