Loading...
HomeMy WebLinkAbout031028 October 27, 2003 Hagerstown, Maryland A public hearing of the Board of County Commissioners of Washington County was convened in Court Room No. 1 at 7:00 p.m. to hear testimony regarding proposed revisions to the Adequate Public Facilities Ordinance, Section V – Schools. Presiding at the hearing was County Commissioners President Gregory I. Snook. Also present at the hearing were County Commissioners William J. Wivell, James F. Kercheval, and John C. Munson. Gary Rohrer, Director of Public Works, provided a presentation on the revisions and the calculations used to determine adequacy, measure available capacity, and address inadequacy. After all public testimony was heard, it was announced that the record would remain open for ten (l0) days to allow additional comments to be submitted in writing. The public hearing was adjourned at 8:00 p.m. ___________________________, County Administrator , County Attorney ___________________________, County Clerk October 28, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 8, 14 & 21, 2003 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of October 8, 14, and 21, 2003, as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Munson reported on the Solid Waste Advisory Committee meeting. He apologized to the Commissioners for the article in The Herald Mail regarding a recent incident. (Commissioner Munson was excused from the meeting at this time) Commissioner Nipps informed the Commissioners that she attended the Annual Leadership Prayer Breakfast and the Home Builders Association meeting. She reported on a complaint she received from a resident of Greenberry Hills regarding low water pressure. She stated that these homes are served by City water and sewer service but they are located in the County. Commissioner Wivell stated that this problem has been discussed by the Water Quality Advisory Commission but that they were told that the water pressure meets nationally acceptable levels and that no codes are being violated. Commissioner Nipps stated that she would be attending a meeting in Anne Arundel County regarding alternative funding sources for capital improvements for schools this Saturday. Commissioner Wivell reported on the meetings of the Republican Club and the Social Services Board. The Commissioners also discussed whether to have speed humps installed on High Rock Road. It was the consensus to have speed humps installed using the Highway Department when it can be worked into their schedule. Commissioner Kercheval stated that he met with the group that is working to purchase the former All First building. He informed the Commissioners that he attended the PTA Fall Dinner. OCTOBER 28, 2003 PAGE TWO Commissioner Snook informed the Commissioners that he received a request from the City to change the name of West North Avenue to Charles E. Hodges Avenue. The Commissioners indicated that they had no comments and asked staff to review the request. Commissioner Snook stated that the Hagerstown Housing Authority has requested that the Commissioners reconsider their request to waive the excise tax for their Hope VI project. The Commissioners took this under consideration. Commissioner Snook informed the Board of an invitation to attend the Downsville 4-H Club reception at Parkview Knoll on October 30. He stated that the MS Walk is scheduled for April 17, 2004. He reported on the Home Builders Association meeting and a meeting he attended with Sheriff Mades and Mayor Breichner regarding the central booking facility. He stated that he asked that the requests for funding be prioritized. Commissioner Snook informed the Commissioners that he received a letter from United Automobile Workers Local 171 thanking the County for its role in helping to locate part of the Volvo facility in Washington County. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the culvert project on Reno Monument Road is complete. He stated that he would be making a presentation to the Delegation to the General Assembly on November 20 regarding the loss of highway user revenues. (Commissioner Munson returned to the meeting at 9:07 a.m.) APPLICATION FOR REZONING – RZ-03-001 Richard Douglas, County Attorney, stated that Rezoning case RZ- 03-001 was first discussed by the Commissioners on August 5, 2003, when they considered the factors set forth in Section 27.3 of the Washington County Zoning Ordinance. The consensus of the Board at that time was to deny the requested rezoning due primarily to the density. They deferred a vote on the final decision for the preparation of a written opinion incorporating the Board’s findings and conclusions. After discussing a reduction of the density, the matter was referred to the Planning Commission for a recommendation as to the appropriate density, but the Planning Commission failed to make any such recommendation, and the matter was returned to this Board for further action. Mr. Douglas stated that he has met with the Martin’s legal counsel and discussed that a possible alternative would be to rezone the property to Rural Village with the consent of the property owner. He indicated that this would involve the rezoning and expansion of the Rural Village boundary to include the Martin property. Mr. Douglas also stated that the new Comprehensive Plan does not contain the Rural Residential zoning classification that was originally requested by the Applicant, and that rezoning to the RS classification would otherwise be consumed by the comprehensive rezoning, absent the execution of a development rights easement. The Commissioners discussed the alternatives. Commissioner Snook expressed concerns about the “bartering” taking place about the number of lots allowed and the proposed zoning classifications. Mr. Douglas suggested that the Applicant be given five working days after the decision is rendered to request that the case be withdrawn. Motion made by Commissioner Kercheval, seconded by Nipps, to approve rezoning application RZ-03-001, submitted by Sylvia J. and William D. Martin, rezoning 23.93 acres from Business General (BG) to Rural Village (RV), with the condition of a nine-lot maximum density, after considering the factors set forth in Section 27.3 of the Washington County Zoning Ordinance based on the written opinion incorporating the Board’s findings and conclusions, and further amending the Comprehensive Plan by expanding the boundary of the Rural Village to include the subject property. The Applicant will have five working days after the decision is rendered to request that the case be withdrawn. Motion carried with Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” ROBINWOOD CORRIDOR AND ADEQUATE PUBLIC FACILITIES CONTRIBUTIONS Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to discuss the establishment of Adequate OCTOBER 28, 2003 PAGE THREE Public Facilities Ordinance (APFO) fees for all growth and development that has or will have a direct impact on the transportation infrastructure in the Robinwood Drive, Edgewood Drive, and Mt. Aetna Road corridors. Mr. Rohrer recommended that the fees be based on trip generation of $5,445 per trip for all residential and commercial development. He also recommended that Antietam Health System (AHS) be assessed an APFO fee for the new hospital, based on projected trip generation while allowing credit for prior contributions. Mr. Rohrer stated that fees on this basis would total $2.17 million. He also presented other options for the Commissioners’ consideration. Mr. Rohrer recommended Option 5 if the Commissioners agree to recognize the credit from AHS, or Option 3 requiring $2.4 million if they do not. Mr. Rohrer explained that his recommendations are based on a traffic study obtained by AHS. The meeting was then opened for questions and discussion. The Commissioners discussed the credit that Mr. Rohrer proposes and agreed to take the recommendation under consideration regarding the share to be paid by the AHS for the new hospital until they have an opportunity to review the previous agreement with AHS and the amendment. Motion made by Commissioner Wivell, seconded by Nipps, to establish Adequate Public Facilities Ordinance (APFO) fees for all growth and development that has or will have a direct impact on the transportation infrastructure in the Robinwood Drive, Edgewood Drive, and Mt. Aetna Road corridors on a per trip basis for residential development of $5,445 for p.m. peak hour trips (trip generation) with the condition that this amount be reviewed annually during the CIP process for changes. Unanimously approved. CITIZENS PARTICIPATION Gerry Cump and Manny Shaool appeared before the Commissioners to discuss the October 31 deadline given for accepting subdivision applications for developments of six lots or more. Mr. Cump reviewed delays that have occurred with their Sunset Meadows development due to State Highway Administration reviews. Commissioner Snook stated that this item would be discussed during the afternoon session. BUDGET TRANSFER REQUESTS – ENGINEERING Motion made by Commissioner Kercheval, seconded by Nipps, to approve a budget transfer of $134,430 for two additional positions and expenses relating to work space in the Engineering Department, with costs to be covered by engineering review fees. Motion carried with Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” AN ORDINANCE TO PROVIDE FOR THE EXTENSION OF A MORATORIUM ON MAJOR NEW RESIDENTIAL DEVELOPMENTS OUTSIDE THE GROWTH AREAS Richard Douglas, County Attorney, reviewed the Ordinance to Provide for the Extension of a Moratorium on Major New Residential Developments Outside the Growth Areas. The Commissioners requested several revisions to the Ordinance as presented. Motion made by Commissioner Nipps, seconded by Wivell, to adopt an Ordinance to Provide for the Extension of a Moratorium on Major New Residential Developments outside the Growth Areas entitled “Moratorium Extension Ordinance for Washington County, Maryland” as revised. Unanimously approved. (A copy of the approved Ordinance is attached.) STATUS REPORT – MENTAL HEALTH AUTHORITY Carolyn Brooks, Chair of the Mental Health Authority, met with the Commissioners to discuss the proposal that the responsibility for the Mental Health Core Services Agency (CSA) be transferred to the Washington County Health Department. Ms. Brooks stated that this is in response to a proposal from the Washington County Health Department to address funding issues and quality of care. Sharon Norberg, Director of Finance, and Mervin Yoder, Board member, discussed financial issues and provided information on cost per client OCTOBER 28, 2003 PAGE FOUR comparison. Ms. Norberg stated that this year the Mental Health Authority will have the lowest administrative cost per client served for CSAs that are independent, and that this allows additional funding to be made available for services to clients. Marshall Rock addressed the Health Department’s proposal based on expansion of services. Mr. Rock stated that he feels the Mental Health Authority would have access to more grants since they are independent than they would under the Health Department and its regulations. Ethel Nemcek, representing the Office of Consumer Advocates, spoke in support of keeping the Mental Health Authority as the CSA. Ms. Brooks also distributed the staff’s position paper for retaining the MHA as a private, non-profit organization. William Nairn, representing the MHA Board, stated that the MHA is meeting the needs and servicing clients at a reasonable cost. He indicated that they are garnering more grant funds than other agencies throughout the State and requested that the status quo be maintained. The Commissioners thanked them for the presentation. PROPOSED LEGISLATION FOR 2004 SESSION – WORKSHOP Robert Everhart, representing the Board of License Commissioners, asked the Commissioners to consider including Washington County in legislation requiring that anyone serving or selling alcoholic beverages be required to take the State’s Alcohol Awareness Program course. He stated that currently the law only requires that one person employed by an establishment take the course. The matter was referred to the County Attorney for review. Due to time constraints, the Commissioners postponed further discussion on other legislative requests until next week. RECESS – LUNCH The Commissioners recessed at 11:58 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:05 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. UPDATE OF CONVEYANCE OF FORT RITCHIE TO PENMAR DEVELOPMENT CORPORATION Richard Rook, Executive Director of PenMar Development Corporation (PMDC), and William Spigler, Base Realignment Closure Coordinator, met with the Commissioners to review the timeline and legal considerations for the rescreening of potential users of Fort Ritchie. Mr. Rook reviewed the rescreening process used by the U.S. Army and a proposed timeline for conveyance of the base. He estimated that the earliest the base could be conveyed to PMDC would be January to March 2004. He stated that the OEA recognized PMDC as the planning LRA in July and that the Army re-advertised the Notice of Intent in the Federal Register. PMDC has also published a Notice to Interested Parties in local newspapers and the deadline for submissions by interested parties is January 9, 2004. The meeting was then opened for questions and discussion. The Commissioners thanked Mr. Rook and Mr. Spigler for the update. (Commissioner Munson was excused from the meeting at 1:20 p.m.) DEADLINE FOR EXEMPTIONS FROM RURAL DEVELOPMENT MORATORIUM Stephen Goodrich, Interim Planning Director, appeared before the Commissioners to discuss the current deadline on exemptions from the rural development moratorium. Mr. Goodrich stated that the Commissioners granted extensions to eight development proposals that had already been through Preliminary Consultation review. The extension included the condition that those applications must receive Preliminary Plat approval from the Planning Commission by October 31, 2003. He stated that three of the original development proposals have not made an application for subdivision approval and therefore, would not meet the October 31 deadline. He outlined possible actions the Commissioners could take OCTOBER 28, 2003 PAGE FIVE regarding the current deadline. He also stated that Sunset Meadows attempted to submit paperwork but that it was returned since there was no Planning Commission meeting scheduled before October 31. Mr. Goodrich reviewed a chart showing the status of each development. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Kercheval, to grant an exemption from the October 31 deadline to the Sunset Meadows development. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” ADOPTION OF PROPOSED RIGHT TO FARM ORDINANCE Eric Seifarth, Agricultural Planner, reviewed the most recent draft of the Right to Farm Ordinance and the revisions made since the public hearing on September 30. Commissioner Kercheval asked that the composition of the reconciliation board be changed to include a second citizen-at-large rather than an agri-business representative. He explained that the possibility exists that there could be a conflict of interest with this position. After discussion, the Commissioners agreed to the amendment and asked that several minor revisions and editorial clarifications be made to the document. Motion made by Commissioner Kercheval, seconded by Wivell, to adopt a Right to Farm Ordinance, as presented at the public hearing on September 30, 2003, with the revisions as outlined, to protect a person’s right to farm or engage in agricultural or forestry operations, with an effective date of January 1, 2004. Unanimously approved. (A copy of the adopted Ordinance is attached.) (Commissioner Munson arrived at 2:20 p.m.) 911 ELECTRONIC ALARM TERMINATION FEE STRUCTURE Motion made by Commissioner Nipps, seconded by Kercheval, to adopt the proposed policy and fee structure outlined in the Department of Emergency Policy I.05.02 to increase the electronic alarm termination fee to $250 per alarm per year. Motion carried with Commissioners Nipps, Kercheval, Wivell and Snook voting “AYE” and Commissioner Munson “ABSTAINING.” REIMBURSEMENT OF EXPENSES FOR EMERGENCY MEDICAL SERVICES SUPPLIES The Commissioners discussed the request made by the Washington County Volunteer Fire and Rescue Association (WCVFRA) to fund the cost of emergency medical services supplies used in the pre- hospital environment. Recent changes in federal law have changed the manner in which patients are charged for supplies. Joe Kroboth, Director of Emergency Services, and Alan Matheny, representing County Emergency Medical Services employees, appeared before the Commissioners to answer any question they might have about the issue. Mr. Kroboth estimated that the cost would be $200,000 annually. The Commissioners discussed the matter and agreed to pay costs for a 90-day period to allow time for the Emergency Service Advisory Council to more thoroughly evaluate the issue and make a recommendation to them. Motion made by Commissioner Munson, seconded by Nipps, to pay the costs of emergency medical service supplies used in the pre- hospital environment for a 90-day period to allow time for the Emergency Service Advisory Council to review the matter, implement procedures, and provide a more thorough evaluation of the situation and make a recommendation to them. Unanimously approved. CONTRACT AWARD – DISPROPORTIONATE MINORITY REPRESENTATION ASSESSMENT PLAN IN WASHINGTON COUNTY, MARYLAND Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for the development of a Disproportionate Minority Representation Assessment Plan in Washington County, Maryland, to the Washington Linkage Group, which submitted the low and only responsive, responsible bid of $64,622, utilizing a grant from the Maryland Governor’s Office of Crime Control & Prevention. Unanimously approved. OCTOBER 28, 2003 PAGE SIX CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:19 p.m. to consult with counsel to obtain legal advice and consult with staff about pending or potential litigation, 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 Kercheval, seconded by Wivell, to reconvene in open session at 4:04 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on three (3) matters and consulted with staff about pending or potential litigation. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas; County Attorney; John Martirano, Assistant County Attorney; Duane Gigeous, Part-time Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer; Director of Public Works; and Terry McGee, Chief Engineer. ADJOURNMENT Motion made by Commissioner Munson, seconded by Wivell, to adjourn at 4:04 p.m. , County Administrator __________________________, County Attorney , County Clerk