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HomeMy WebLinkAbout040427 April 27, 2004 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 Kercheval, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES –APRIL 20, 2004 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of April 20, 2004, as amended. Unanimously approved. APPROVAL OF UPDATED BYLAWS – WASHINGTON COUNTY COMMUNITY PARTNERSHIP/LOCAL MANAGEMENT BOARD Stephanie Stone, Director of the Washington County Community Partnership for Children & Families (WCCP), presented the bylaws prepared by Richard Douglas, County Attorney, for the WCCP/Local Management Board (LMB) for the Commissioners’ review and adoption. The County Attorney explained that the WCCP was previously governed by procedures contained in amendments to its establishing resolution. The new resolution provides for the continuation of the LMB, repeals all such previous measures and approves separate bylaws, a much more conventional approach and one that is in keeping with state requirements. Ms. Stone reviewed the changes made to the procedures in accordance with suggestions from the LMB bylaws committee, then answered questions from the Commissioners. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the resolution providing for the continuation and approving separate bylaws for the Washington County Community Partnership for Children & Families (Local Management Board) as submitted. Unanimously approved. (Copies of the resolution and bylaws are attached.) COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell stated that he received a letter from the study group evaluating the possible consolidation of the human resource functions of the Board of Education and the County. The group did not recommend the consolidation, but did provide recommendations for both entities. Commissioner Wivell reported on the Board of Social Services meeting. He stated that they have implemented a new call center for child support services. Commissioner Wivell informed the Commissioners that he attended the Educator of the Year Banquet. He also met with members of the local model airplane club, which is interested in using a portion of the previous Resh Road landfill site as a flying field after it has been capped. The Commissioners discussed the request and agreed that they support the request but felt it was premature to make a commitment at this time. Commissioner Wivell reminded the Commissioners of the workers memorial tribute being held at AFL-CIO building tomorrow. He stated that the County would be seeking design bids for the new Smithsburg branch library in the near future. Commissioner Kercheval informed the Commissioners that he met with Dr. Guy Altieri, President of Hagerstown Community College (HCC), regarding the Town of Hancock’s concern that HCC would discontinue classes in Hancock. Dr. Altieri informed him that they are considering adjusting the curriculum but that they do not intend to discontinue classes. Commissioner Kercheval stated that he attended the Educator of the Year banquet and acknowledged the following teachers who received awards: Bonnie Pratt (private school), Dr. Kim Rotruck (Frostburg State University), Judith Kofoet (HCC), Mary Beth Shanholtzer (Hagerstown Business College), and Jo Anne Nave (public school). He informed the Commissioners that he attended the dedication of the children’s library at the Citicorp Child Care Center in memory of Betty Clopper. He also informed them of the fundraiser to help rebuild the frog pond at City Park. Commissioner Kercheval reported on the meeting to address the concerns of the Robinwood Drive residents regarding the proposed new bypass road in the area. APRIL 27, 2004 PAGE TWO Commissioner Munson reported on the Solid Waste Advisory Committee meeting. He stated that March revenue is 3.7% above budget. Commissioner Munson indicated that the Committee would like input as to what projects the Commissioners would like them to focus on. He also suggested that the staff consider a suggestion to reduce the line at the landfill on Saturdays by raising the cost of mulch but allowing grass and brush to be dumped at no cost. The Commissioners also discussed whether a traffic signal is warranted at Earth Care Road and Route 40. Commissioner Nipps reported on the Women at the Table meeting. She stated that she is scheduled to speak to Spring Ward’s government class at Hagerstown Community College. Commissioner Snook thanked the Commissioners for attending the meeting with residents of the Robinwood Drive area. He stated that he feels the residents better understand why the County made the decision on the roadway. The Commissioners discussed sending a letter outlining the efforts the County has made to ease the traffic situation in the area. Commissioner Snook stated that Lincolnshire Elementary School would hold its Career Day on May 27. He stated that he received a letter from Judith Ferro, representing the Friends of the Smithsburg Library, urging the County to move forward on the project. Commissioner Snook reminded the Commissioners of the dedication at Brook Lane Psychiatric Center on May 14. Commissioner Snook stated that he received a letter of resignation from Frank Newcomer from the Agricultural Education Center Board. He also received notification from the Board of Public Works on the State tax rate for FY 2005. He indicated that he also spoke to Dr. Altieri and encouraged him to meet with all of the mayors regarding classes that HCC is holding within the various muncipalities. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided information on the collapse of Berm Road. He indicated that it is owned and maintained by the National Park Service (NPS) and not the County, although the County has assisted them at times out of courtesy. He also provided pictures showing the extensive damage on several County roads. Mr. Rohrer indicated that with the State reductions, the County does not have adequate funding to maintain the roadways and asked them to consider assessing Adequate Public Facilities Ordinance fees on residential developments that place pressure on rural roads that are not designed to handle the additional traffic. He informed the Commissioners that staff would be holding a work session with developers to review the steps that need to be taken so that they do not get too far ahead of the process. PROCLAMATION – WASHINGTON COUNTY READING DAY Commissioner Snook presented a proclamation to Kathleen O’Connell designating May 1, 2004 as Washington County Reading Day in order to promote family involvement in education and reading for “fun” and to stress the role of literacy in the economic development of our county and the importance of education to our citizens. Ms. O’Connell thanked the Commissioners for the proclamation and informed them of the activities planned to celebrate this day. CONSTRUCTION BID AWARD – FORD DRIVE Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for construction of Ford Drive to L.W. Wolfe Enterprises, Inc., which submitted the sole bid of $1,913,707.64. Unanimously approved. CONTRACT AWARD – CONSULTANT TO DEVELOP A HAZARDS MITIGATION PLAN Motion made by Commissioner Munson, seconded by Nipps, to award a contract for consultant services to develop a Hazards Mitigation Plan for Washington County and its municipalities to S & S Consulting, LLC, which submitted the low responsive, responsible bid of $28,950. The Maryland Emergency Management Agency provided a grant of $30,000 for the project. Unanimously approved. ELECTION INFORMATION SYSTEMS SPECIALIST Dorothy Kaetzel, Director of the Elections Board, and James Mobley, President of the Board of Election Supervisors, met with the APRIL 27, 2004 PAGE THREE Commissioners to discuss their request to hire an Election Information System Specialist to begin January 1, 2005. Ms. Kaetzel stated that the Maryland State Board of Elections has requested that all election offices in the State have one full time position to maintain the new voting system and the statewide voter registration system that was mandated by the Help America Vote Act. She indicated that smaller counties might share in funding the position, however, the Washington County Election Board feels that they require a full time position. The meeting was then opened for questions and comments. The Commissioners asked about the duties of the position. They agreed to schedule time to visit the office and see the operation firsthand. Commissioner Snook stated that the support is not there to fund the position at this time. Ms. Kaetzel provided a letter to the Commissioners that she received from the Maryland Association of Election Officials recommending to State Board of Elections that salary increases be given to all employees of local boards of elections. The increase in Washington County would total an additional $13,000 in FY 2005. She stated that the State Board of Elections is also recommending that this be approved. Ms. Kaetzel noted that the County provides the funding even though they are state employees. After discussion, the Commissioners thanked her for the information and stated that they would take it under consideration. PUBLIC HEARING – AMENDMENTS TO THE WASHINGTON COUNTY ADEQUATE PUBLIC FACILITIES ORDINANCE The Commissioners convened a public hearing at 10:06 a.m. for the purpose of considering amendments to the Adequate Public Facilities Ordinance (APFO). Richard Douglas, County Attorney, reviewed the amendments containing the proposed text. He stated that the amendments “fine tune” the formulas in Section 5.4.2 for computing monetary compensation to address school inadequacy on a school-by- school basis. Mr. Rohrer reviewed the formula and how it was derived, the current assessment and proposed assessment, and provided an example of how it would be applied to a development to calculate the contribution required. Mr. Douglas stated that the revisions clarify that the County has the authority to control the pace of development as necessary to ensure the adequacy of public facilities, not only at the building permit stage, but also at the subdivision and site plan approval stage as well. The meeting was opened for questions from the Commissioners, who suggested minor changes. The meeting was then opened for public comments. James Laird, representing the Citizens for the Protection of Washington County, stated that he feels the document is getting weaker and provided examples of what other counties in the area are collecting. He recommended that the Ordinance be strengthened. Debbie Turpin, Vice President of the Washington County Home Builders Association, encouraged the Commissioners to adopt the revisions regarding adequacy. She stated that the cost of the APFO fees and other taxes are increasing the costs of housing. She provided additional verbiage that the Association would like to see added to Section 9.8 and suggested revisions to the Ordinance. She also thanked Mr. Rohrer for his hard work. The hearing was closed at 10:48 a.m. Commissioner Snook stated that the record would remain open for five (5) business days for written comments. CITIZENS PARTICIPATION th Commissioner Snook welcomed the 9 grade class from the Paradise Mennonite School, which attended to observe the meeting. James Socks presented a petition regarding the continued closure of the Broadfording Road bridge. He suggested that it be opened to car and light truck traffic. Terry McGee, Chief Engineer, stated that they cannot calculate the load capacity of the bridge with any degree of certainty since it is a historic structure. Mr. McGee indicated that the bridge APRIL 27, 2004 PAGE FOUR has undergone additional damage and that the County cannot allow anyone to use it on a daily basis because of possible collapse. He informed Mr. Socks that he is working with federal and state programs to get the bridge redesigned and would have a new contractor on the job as soon as possible to complete the project. Mr. McGee stated that they hope to begin work in June or July. Commissioner Snook stated that they would take the petition under consideration. Larry Gerber of Interstate Towing and Recovery stated that the Sheriff is adopting a Tow Service Policy and instituting caps on towing fees for nonconsensual towing. He indicated that the fees being set would not cover costs and outlined a list of items that should have been considered. Duane Gigeous, Part-time Assistant County Attorney, stated that a meeting was held last week to discuss the new policy with the affected parties and that the rates were going to be reviewed after hearing the comments provided at the meeting. The Commissioners explained that they do not have jurisdiction in this matter but agreed to have further discussion with the Sheriff’s Office about it. HAGERSTOWN NEIGHBORHOOD DEVELOPMENT PARTNERSHIP, INC. Richard Phoebus, Hagerstown-Washington County Industrial Foundation, Inc., appeared before the Commissioners to provide them with information regarding the Hagerstown Neighborhood Development Partnership, Inc. Mr. Phoebus presented information on the formation and operation of this organization, as well as the Board of Directors, bylaws, and Articles of Incorporation. He stated that their focus is on the redevelopment of the Hagerstown core. Larry Bayer of the Community Development Department with the City of Hagerstown was also present to answer any questions the Commissioners might have about the program. Mr. Phoebus indicated that lack of market-priced housing in the core of downtown Hagerstown is affecting the City’s ability to redevelop and bring merchants to downtown. The meeting was then opened for questions. The Commissioners thanked Mr. Phoebus for the presentation. RECESS – LUNCH The Commissioners recessed at 11:28 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 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. IMPACT OF PROPOSED ZONING REGULATIONS ON RURAL BUSINESSES Stephen Goodrich, Interim Planning Director, and William Sprague, Zoning Administrator, met with the Commissioners to present the proposed transition policy to lessen the impact of the proposed Comprehensive Zoning regulations on rural businesses. Mr. Sprague and Mr. Goodrich proposed providing a 90-day time period after the effective date of the new Zoning Ordinance text amendments to allow site plans and subdivision plats in an acceptable form to be filed. Mr. Goodrich proposed that uses reflected in the site plans and subdivision plats accepted within the 90-day transition period would essentially be “grandfathered” by creating a category of nonconforming uses that would be legal so long as they were not expanded or changed. The 90-day period would allow consultants sufficient time to put a quality application together for submittal. County Attorney Richard Douglas added that any filing must be made in good faith and the project completed within a reasonable period to qualify for this treatment. Any change or expansion would require a rezoning or an appeal to the Board of Zoning Appeals (BZA) to alter or expand the nonconforming use, assuming that no significant changes are made to that mechanism. BZA approval of a use prior to the effective date of the comprehensive rezoning would “grandfather” all of the subsequent steps, such as site plan approval, even if it is not submitted within the 90-day window. The meeting was then opened for questions and discussion. The Commissioners discussed several options for increasing the number of cycles for accepting Rural Business Zoning applications. APRIL 27, 2004 PAGE FIVE Motion made by Commissioner Munson, seconded by Nipps, to implement a 90- day transition policy to lessen the impact of the proposed Comprehensive Zoning regulations on rural businesses, as proposed by staff. Unanimously approved. REGULATION OF BILLBOARDS Mr. Goodrich met with the Commissioners regarding the regulation of billboards. He stated that the Zoning Ordinance regulations applicable to billboards or outdoor advertising are in need of review. Although it is possible to control the construction and placement of billboards through the general Ordinance, he stated that the process might be more effective if provisions were tailored to a specific type of sign. Mr. Goodrich noted that this would allow the County to prohibit, limit, or amortize one type of sign while permitting another. Mr. Douglas suggested that the revisions could include the definition, conditions of new construction, and methods for maintaining or eliminating existing structures. He then reviewed the current regulations for outdoor advertising signs. Mr. Douglas stated that several Maryland counties have banned the use of billboards. If the county wishes to rid itself of all billboards, existing and new, the Board might consider a new construction ban and amortization. The amortization period should allow owners to recover any loss. Other options include permitting existing billboards as a non- conforming use. Mr. Goodrich stated that four applications for billboards are currently under review. The Commissioners then discussed the information presented. Commissioner Kercheval provided the Planning Commission’s concerns on the issue and discussed the possibility of placing a moratorium on the erection of new billboards until the issue is reviewed in more detail. Commissioner Nipps stated that the City might want to join with them to study the issue. The Commissioners agreed as to the need to address some of the concerns now that they have come to their attention. Motion made by Kercheval, seconded by Nipps, to have staff develop regulations for their consideration regarding billboards and to place a moratorium on them until the revised regulations are adopted. After discussion, the motion was withdrawn in order to make clarifications. Commissioner Kercheval recommended imposing a moratorium on billboards for 90 days to allow staff to come back with a recommendation and to permit those applications currently within the “pipeline” to proceed. After discussion, the Commissioners agreed to wait until next week before considering instituting a moratorium on billboards to allow the County Attorney to further research the issue. FOREST CONSERVATION FUND PLANTING SITES Stephen Goodrich, Interim Planning Dirctor, and Elmer Weibley, District Manager of the Soil Conservation Service, met with the Commissioners to review candidates for planting and retention sites in connection with the Forest Conservation Fund. Mr. Weibley stated that the sites are owned by Robert and Anna Hoffman and Janet Fisher for total new planting of 9 acres and existing forest of 77 acres. He also reviewed a map showing the easements currently with Forest Conservation Act Easement Activities. Motion made by Commissioner Munson, seconded by Kercheval, to approve the properties owned by Robert and Anna Hoffman and Janet Fisher for planting and retention sites for the FY 2003-04 Forest Conservation Fund. Unanimously approved. MAUGANS AVENUE REALIGNMENT PROJECT – PORTER PROPERTY Motion made by Commissioner Munson, seconded by Kercheval, to purchase the Porter property, located at 13529 Spriggs Road which is needed for the Maugans Avenue realignment project, at a cost of $191,000 plus up to $48,000 for replacement housing costs and settlement costs. Unanimously approved. APRIL 27, 2004 PAGE SIX TRANSFER OF SURPLUS PROPERTY Motion made by Commissioner Wivell, seconded by Munson, to transfer any rights the County may hold in the 3,418 square feet of surplus property located at the southeast corner of the intersection of U.S. Route 40 and Ashton Road to Thompson Funeral Home (Tommy’s Girls LLC) through a quitclaim deed. Unanimously approved. MISS MARYLAND SCHOLARSHIP PAGEANT – FUNDING FOR SECURITY SERVICES Motion made by Commissioner Nipps, seconded by Munson, to approve funding up to $2,200 from the Commissioners’ Contingency Fund to support the cost of security services at the Miss Maryland Scholarship Pageant. Unanimously approved. RE/APPOINTMENTS – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Wivell, seconded by Munson, to appoint Robert Ernst, II, James Lobley, and Dana Moylan to the Economic Development Commission for three-year terms and to reappoint John Barr for a three- year term and J. D. Rinehart for a two-year term. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:52 p.m. to consider personnel issues that affect one or more specific individuals, consult with counsel to obtain legal advice, and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 Nipps, to reconvene in open session at 4:30 p.m. Unanimously approved. In closed session, the Commissioners considered five (5) personnel issues that affect one or more individuals, consulted with counsel to obtain legal advice on two (2) matters, and considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard W. Douglas, County Attorney; John M. Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Terry McGee, Chief Engineer; Tim Troxell, Executive Director of the Economic Development Commission; Greg Murray, Director of the Water Quality Department; and David Hankinson, Director of Human Resources. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Nipps, to adjourn at 4:30 p.m. Unanimously approved. , County Administrator __________________________, County Attorney ___________________________, County Clerk