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HomeMy WebLinkAbout081209 December 9, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:40 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 given by Commissioner Barr followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – DECEMBER 2, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of December 2, 2008. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Human Resources Director, introduced new County employees Tina Dagenhart (Purchasing) and Keith Robinson (Highways). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker stated that he attended the swearing-in ceremonies for the newly-elected Board of Education members and wished them well. He reported on the Recreation & Parks Board meeting. Commissioner Kercheval informed the Commissioners that he attended the Board of Education swearing-in ceremony and the Antietam National Battlefield Illumination. He reported on the joint meeting of the Mental Health Authority and Mental Health Advisory Committee and stated that both groups are in support of the proposed legislation to have the Mental Health Authority serve as the organization to advocate for mental health issues in Washington County. Commissioner Kercheval also reported on the Local Management Board’s strategic planning meeting. Commissioner Wivell stated that he attended the Antietam National Battlefield Illumination and applauded the volunteers who helped with the luminaries. Commissioner Aleshire reported on the Mental Health Authority meeting. He informed the Commissioners that he attended the meetings of the Clear Spring Mayor & Council, Hancock Volunteer Fire Company, Boonsboro Ambulance Company, and Clear Spring Volunteer Fire Company. He stated that he also attended the Festival of Trees at Robinwood Medical Center. Commissioner Aleshire commended the County staff and the contractor on the Funkstown Bridge Project for completing the project early. Commissioner Barr stated that he attended the Festival of Trees, the C-Safe Awards Luncheon, the City of Hagerstown’s Christmas Tree Lighting Ceremony, Antietam National Battlefield Illumination, and the Historical Society’s Open House. He reported on the meeting of the Community Foundation, 2+2 Committee, the Advisory Committee for the Technical School, and presented a proclamation to the Clear Spring Chargers who were the Washington County Junior Football League’s 2008 champions. ANNEXATION REQUEST – NORFOLK SOUTHERN RAILWAY (A08-08) Michael Thompson, Director of Planning & Community Development, met with the Commissioners to review an annexation request from the City of Hagerstown (A08-08 – Norfolk Southern Railway). Stuart Bass, Comprehensive Planner for the City of Hagerstown, was in attendance to answer any questions the Commissioners might have regarding the request. Mr. Thompson stated that it is Staff’s opinion that the zoning for the subject property is consistent with the existing County zoning and “express approval” for the development of the property is not required. He informed the Commissioners that the property contains 95 acres and is located south of the current municipal boundary. Mr. Thompson stated that the property is currently zoned PI (Planned Industrial) and the proposed zoning would be IG (Industrial General), which has permitted uses consistent with the uses in the existing zoning. The applicant is proposing to develop the property for the off-loading and storage of new DECEMBER 9, 2008 PAGE TWO motor vehicles as a rail-to-truck transfer point upon annexation. Mr. Thompson informed the Commissioners that the adjacent land to the west is designated for low-density residential development and this development would have an impact on the property. He noted that Staff believes it is appropriate for the Commissioners to recommend to the City that the following issues be addressed as part of the approval process: 1) Screening should be provided along the western and southern boundaries of the property to protect the integrity of the residential lands in the County. The existing forested area of the northern boundary should be retained to buffer adjoining residential areas. 2) Lighting should be directional in nature within the facility and designed so there is no spill over to the adjoining residential properties. Staff and the Planning Commission are concerned with the use of 100-foot light poles and feel that they should be substantially lower. 3) A traffic study should be required and approved by the Division of Public Works as well as the access to the property. Any necessary road improvements to public streets shall be completed at the direction of the Division of Public Works and at the developer’s expense. The Planning Commission also suggested that truck traffic be directed to Downsville Pike and prohibited from going toward Virginia Avenue on Oak Ridge Drive. 4) Attention should be paid to the type of fencing used to secure and buffer the site from the surrounding residential development. 5) Hours of operation should be considered to minimize potential noise impact on adjacent properties. 6) The site plan review for the project should include consideration of the items set forth in Sections 18.6 through 18.89 of the Washington County Zoning Ordinance. Mr. Thompson stated that, while the Planning Commission reached a consensus on the recommendations to be sent to the City, it is still concerned with the impact the project will have on the surrounding area and asked that County staff attend the public hearing to reinforce these concerns to the City Council. The meeting was opened for discussion with the Commissioners. Commissioner Kercheval expressed concerns regarding the hours of operation, maintaining adequate buffering to residential areas, the access point of the property for truck traffic, and asked that a lighting study be required to assure that there will be no spill-over to residential areas. Commissioner Aleshire stated that he believes the applicant addressed lighting issues in its letter. He also asked that the wording be changed in the County’s letter to “discourage” rather than “prohibit” trucks from going toward Virginia Avenue. Commissioner Aleshire also encouraged the City to adopt regulations governing planned industrialthe uses as contained in this zonig classification of the County’s Zoning Ordinance to make them more compatible. It was the consensus of the Commissioners to approve Staff’s finding that the proposed zoning is consistent with the current County zoning and that express approval is not required, and they directed County Staff to attend the City’s public hearing relating to this annexation and to present the recommendations outlined. SCHOOL MITIGATION PROPOSAL – REGENT PARK Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Regent Park school mitigation proposal. He indicated that this case was previously before them in July. He introduced Attorney Jason Divelbiss, representing the Churchey Group, III, LLC, who appeared before the Commissioners to review the mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO) for the project as it relates to school capacity. Mr. Thompson stated that Regent Park would consist of 25 single-family units along Trovinger Mill Road off of Jefferson Boulevard. Mr. Thompson stated that the development is served by Pangborn Elementary, Smithsburg Middle and Smithsburg High Schools. Based on September 2008 enrollment numbers and the APFO adequacy formula, the project fails at the elementary and high school levels. DECEMBER 9, 2008 PAGE THREE Mr. Divelbiss stated that the applicant is proposing to pay $5,125 for school mitigation per dwelling unit, to be collected prior to the approval of the final plat in an amount equal to the number of lots on said plat and to pay the required excise tax at the time of building permit in an amount equal to the tax in effect at that time. He reviewed the differences from the previous proposal. The meeting was opened for questions and discussion. The Commissioners discussed the administrative process and payment. Commissioner Kercheval indicated that he would be willing to consider a uniform high school mitigation process since the Barbara Ingram School will be opening soon and a new high school is included in the CIP budget, and both will help to alleviate overcrowding at the high school level. Commissioner Aleshire indicated that there are too many unanswered questions at the APFO level for him to support certain parts of the request. Commissioner Wivell indicated that he feels the four year average square footage numbers are too high at 4,100 square feet and should be reduced to a more realistic number. The Commissioners were divided in their support of the proposal and asked Mr. Divelbiss to return with a revised mitigation offer independent of the excise tax issue. After discussion, the Commissioners directed the Planning staff to work with the County Attorney’s office to consider a revised mitigation process for the Commissioners’ consideration. Based on the prior discussion, the consideration of the Rosehill Manor mitigation proposal scheduled on today’s agenda was cancelled. CITIZENS’ PARTICIPATION James Devine stated that he feels solar design should be incorporated in new schools being built in the County. He also spoke about instituting a rental inspection program, incentives for developers to build up instead of out to use less land, and his support for reconsideration of the charter home rule concept. Marie Byers requested that the Commissioners consider naming Woodland Way County Park in honor of the former School Superintendent Claude Kitchens who recently passed away. The Commissioners asked Ms. Byers to bring her proposal before the Recreation & Parks Advisory Board for its consideration. Phil Physioc had questions regarding the Water Quality Advisory Commission membership. The Jerome Martin distributed copies of a recent article in Washington Post regarding action taken by Montgomery County Commissioners on land development transfer rights. FIRE AND RESCUE COMPANIES – INSURANCE RENEWAL Motion made by Commissioner Kercheval, seconded by Wivell, to renew the coverage for fire and rescue companies for policy year 2009-2010 with Selective Insurance Company for an annual premium of $350,000 for property and casualty and $215,000 for volunteer Workers Compensation coverage. Unanimously approved. AGRICULTURAL LAND PRESERVATION – 60/40 MATCH Eric Seifarth, Rural Preservation Administrator, and Sarah Edelman, Land Preservation Planner, met with the Commissioners regarding the Maryland Agricultural Land Preservation Program (MALPP) 60/40 Match Program. Mr. Seifarth reminded the Commissioners that the State annually requests a commitment to the 60/40 match easement funding program where 40% is committed at the County level and the state matches with 60%. He stated that the County’s share comes from County and State agricultural transfer taxes. Mr. Seifarth recommended that the County commit $950,000 to the 60/40 Program for 2009 easement purchase. He indicated that this would yield a total of approximately $3 million for easement purchase for FY 2009. The meeting was opened for questions from the Commissioners. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the commitment of $950,000 to the Maryland Agricultural Land Preservation Program (MALPP) 60/40 Match Program for easement purchase in 2009. Unanimously approved. DECEMBER 9, 2008 PAGE FOUR CONTRACTOR REQUEST FOR CONTRACT TIME EXTENSION AND RELATED COMPENSATION – MAUGANS AVENUE I Robert Slocum, Deputy Director of Public Works, and Jessica Spring, Project Manager, met with the Commissioners to present a request made by the contractor for the Maugans Avenue project to approve a contract time extension and related compensation. Mr. Slocum stated that the contractor has submitted four requests: 1) contract time extension of 517 calendar days, 2) compensation in the amount of $242,394 for lump sum bid items, 3) compensation in the amount of $113,510 for diesel fuel index, and 4) compensation in the amount of $21,450 for wage escalation. Mr. Slocum reviewed each item and Staff’s recommendations.. He stated that staff is recommending approval of the proposed change order #8 to extend the project by 154 days ($242,394) and a budget transfer to meet the additional costs. Mr. Slocum then addressed the budget issues for the Maugans Avenue project. He stated that a budget transfer to the Maugans Avenue I project would address the following items for a total increase to the project of $775,000: $- 243,000 – Lump sum items claim from Hetzer $- 223,000 - Measured Quantity Items $- 321,000 – Asphalt Index $- 50,000 – Allegheny Power $ 42,000 – Available budget $ 20,000 – Inspection Fee underrun $ 552,000 – US 50 and Mt. Aetna Road Intersection transfer $ 44,000 – San Mar Road Drainage Improvement transfer $ 179,000 – General Fund contingency (balance) The Commissioners requested that Staff further review the specific charges and billings of Allegheny Power. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the change order as proposed by Staff for the Maugans Avenue project and to authorize a budget transfer in the amount of $179,000 from the General Fund Contingency. Motion carried with Commissioners Kercheval, Aleshire, Baker and Barr voting “AYE” and Commissioner Wivell voting “NO.” COUNTY ATTORNEY ISSUES John Martirano, County Attorney, informed the Commissioners that his office is working with the Election Board to attempt to determine what, if any, role the County will play regarding the agreement for rental of machines between the Election Board and the City of Hagerstown relating to the upcoming City elections. REPORTS FROM COUNTY STAFF Stephanie Stone, Director of the Department of Children and Families, distributed copies of the 2008 Annual Report for the Maryland Association of Local Management Boards. Joe Kroboth, Director of Public Works, informed the Commissioners that the Funkstown Bridge will open later this week. He commended the entire team, including the contractor, for being five weeks ahead of schedule. Mr. Kroboth stated that the Maryland Department of the Environment would be making significant changes to the Stormwater Management Regulations and indicated that he would keep them updated. He provided updates on the pedestrian bridge at Devil’s Backbone Park and Harper’s Ferry Road bridge project. Mr. Kroboth informed the Commissioners that staff is recommending delaying the Harper’s Ferry Road project until the Mill’s Road culvert project is completed as Mill’s Road would be the detour route and is prone to flooding. He stated that he has received assurances that the Federal funding for the project would remain intact. He stated the Federal Economic stimulus package being proposed is changing daily and noted the challenges to the County if State funding is reduced. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, informed the Commissioners that a meeting was held last week to discuss issues involving the Fairplay DECEMBER 9, 2008 PAGE FIVE Volunteer Fire Company. He noted that representatives from all parties were in attendance. Mr. Murray stated that he would schedule time on next week’s agenda for discussion of this item, although there would be some discussion in closed session regarding specific individuals. He stated that the Commissioners received an invitation to a ribbon- cutting ceremony on December 11 for the Light Business Park. Mr. Murray thanked the Commissioners for having a moment of silence for Bill Dean, a 25-year employee with the Department of Water Quality, who passed away this week. MARYLAND ASSOCIATION OF COUNTIES (MACO) 2009 LEGISLATIVE COMMITTEE NOMINATION It was the consensus of the Commissioners to appoint Commissioner Barr to the MACo Legislative Committee and Commissioner Aleshire as alternate for calendar year 2009. Unanimously approved. RECESS – ANNUAL DEPARTMENT OF SOCIAL SERVICES LUNCHEON The Commissioners recessed at 12:04 a.m. in order to attend the annual Department of Social Services luncheon. AFTERNOON SESSION The afternoon session was called to order at 1:46 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. DISCUSSION OF SALARY STUDY COMMISSION RECOMMENDATIONS FOR ELECTED OFFICIALS Kirk Downey, Assistant County Attorney, reviewed the recommendations made by the 2008 Salary Study Commission for salary adjustments for certain elected and appointed officials. Mr. Downey stated that the Commissioners must submit their recommendations to the Washington County delegation by December 15, 2008. He indicated that the statute states “The Board of County Commissioners may accept, reduce, or reject but may not increase the recommendations of the Commission.” Pursuant to Article III, Section 35 of the Maryland Constitution, no change in salaries of the elected positions may take effect until the general election following the effective date of the legislation. Mr. Downey summarized the Commissions’ recommended salary adjustments as follows: County Commissioners – increase from $30,000 to $38,000 and the President from $33,000 to $41,000; Board of Education – increase from $5,500 to $6,100 and President from $5,600 to $6,200; and Sheriff – increase from $80,000 to $96,000. The Salary Study Commission recommended no changes to the salaries of the Orphans’ Court judges; the State’s Attorney, Treasurer; Board of Election Supervisors; and the Board of License Commissioners. It was the consensus of the Commissioners not to support the Commission’s recommendation for an increase in the salary for the Board of County Commissioners. It was the consensus to support the recommendation of the Commission for the elected Board of Education. Commissioners Aleshire and Wivell did not support this recommendation. It was the consensus not to support the full recommendation of the Commission for the Sheriff, but to support a smaller increase of $8,000 to $88,000. Commissioner Aleshire noted that he does not support any of the recommendations made because he believes that additional factors should be considered in its review. He stated that he feels there should be a change in the procedure. Mr. Downey indicated that he would require direction from the Commissioners in order to propose a change in the legislation. INTERGOVERNMENTAL AGREEMENT WITH MARYLAND ENVIRONMENTAL SERVICES – CITIZEN SCRAP TIRE DROP-OFF PROGRAM Harvey Hoch, Recycling Coordinator, met with the Commissioners to review the Intergovernmental Agreement with the Maryland Environmental Service (MES) that is required for participation in the 2009 Citizen Scrap Tire DECEMBER 9, 2008 PAGE SIX Drop-off Day. He provided a history of the program and reviewed 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 MES has only guaranteed funding for the transportation and disposal of up to 90 tons of scrap tires. The State would provide reimbursement for up to 90 ton of scrap tires and delivery of up to a maximum of eight containers to transport scrap tires collected during the event and $1,450 for advertising costs. County residents would be allowed to bring up to ten (10) tires per household/vehicle at no charge. The tires must be under 17-inch rim size with the exception of two agriculture tires. Mr. Hoch stated that the event would be held in May 2009. Motion made by Commissioner Wivell, seconded by Baker, to participate in 2009 Citizen Scrap Tire Drop-off Day and approve the execution of the Agreement with the Maryland Environmental Service for this project. Unanimously approved. MEMORANDUM OF UNDERSTANDING – MARYLAND PUBLIC TELEVISION Motion made by Commissioner Wivell, seconded by Kercheval, to enter into a Memorandum of Understanding with Maryland Public Television to construct improvements and occupy land and tower space on its facility located on Fairview Mountain, as amended and approved by the County Attorney’s Office, contingent upon concurrence of the revisions by Maryland Public Television. Unanimously approved. ADVISORY SCHOOL DESIGN REVIEW COMMITTEE Gary Rohrer, Director of Special Projects and Chair of the Advisory School Design Review Committee, appeared before the Commissioners to discuss the future of the Committee. He introduced Jim Bryan, Harry Reynolds, and George Stone, members of the Review Committee who were in attendance. Also present were Rob Rollins, Director of Facilities Planning and Development for the Board of Education, and Dr. Robert Spong, Facilities Planning Manager. Mr. Rohrer stated that the current process is not working. He informed the Commissioners that a flow chart was developed to designate at what point school plans should be submitted to the Review Committee for consideration in order to avoid delays to the projects. Mr. Rohrer indicated that the Washington County Public Schools “sidesteps” the Committee as part of the school design process. He indicated that the designs are submitted to the elected Board of Education and the Interagency Committee for approval prior to receiving the Committee’s input. Mr. Rohrer noted that the Committee is comprised of design/construction professionals in the community who volunteer their time and who have indicated that there is no purpose in continuing the committee as it currently exists. He noted that legislation would be required to disband the committee. The meeting was opened for questions and discussion. Each of Review Committee members in attendance was given an opportunity to comment. Incidents were cited where input was made to help reduce costs but they were told that the plans had already been submitted. Mr. Stone also raised concerns about utilizing the construction manager process and stated that it adds an additional layer of cost while the construction manager maintains no liability for the project. Mr. Rollins and Dr. Spong indicated that it is believed these issues can be resolved at the Committee level and stated that the flow chart may need to be revised. Delegate LeRoy Myers provided history on why House Bill 1272 was crafted and that it is clear that this committee was to be included in the process for school construction projects over $2 million. He stated that he feels that there should be standardized plans for the schools and that the Board of Education “reinvents the wheel” every time it builds a school. Delegate Myers recommended changing the legislation to involve the Review Committee up front or removing the language altogether. He stated that he feels there is a value to the Review Committee’s existence and that a planning schedule should be discussed with the School Board. The Commissioners asked that they address the concerns and have the Review Committee and the Public Schools’ staff review the flow chart to DECEMBER 9, 2008 PAGE SEVEN assure that it is workable and then return with a recommendation in January. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 3:34 p.m. to discuss the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; to discuss public security as the public body has determined that public discussion would constitute a risk to the public or to public security; and to protect the privacy or reputation of individuals with respect to a matter that is not related to public business, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Motion carried with Commissioners Kercheval, Baker, Wivell, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” RECONVENE IN REGULAR SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 4:25 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; and discussed a matter relating to public security as the public body determined that public discussion would constitute a risk to the public or public security. 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; Kevin Lewis, Director of Fire & Emergency Services; and Joni Bittner, County Clerk. ADJOURNMENT Motion made by Commissioner Baker, seconded by Wivell, to adjourn at 4:25 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk