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HomeMy WebLinkAbout040525 May 25, 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 Snook followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – MAY 18, 2004 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of May 18, 2004, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Terry Golden (Buildings, Grounds, and Parks) and Michael Thompson (Planning & Community Development). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell stated that he attended the Senior Fair last week. He also attended the Hagerstown Mayor and City Council meeting to hear the discussion on capacity allocation. Commissioner Kercheval reported on the meetings of the Metropolitan Planning Organization (MPO) and the Mental Health Advisory Committee. He distributed a copy of the MPO long-range transportation plan. Commissioner Kercheval stated that he attended the Senior Fair and last week’s City Council meeting. He then met with Councilman Hendershot regarding some confusion over the sewer allocation policy. Commissioner Kercheval informed the Commissioners that he met with a developer regarding his concerns on the APFO fee in the Maugansville area. Commissioner Munson stated that he attended the Senior Fair. He reported on the Agricultural Education Center Board meeting. Commissioner Nipps reported on the meetings of the Airport Advisory Commission and the Local Management Board. She stated that she also attended the C-Safe picnic, Beaver Creek Watershed Association meeting, Board of Education employees’ retirement dinner, and the Recreation Commission program’s annual dance recital. Commissioner Snook distributed additional material on the MPO meeting. He stated that the State Highway Administration has scheduled a meeting regarding the Interstate 81 improvement project. Gary Rohrer, Director of Public Works, provided details about the proposed truck weigh station being considered on I-81. Commissioner Snook stated that D.H. Web and Company is a finalist for the incubator company of the year award. He reported on the Transportation Advisory Commission meeting. Commissioner Snook stated that he received correspondence from the Maryland Department of the Environment (MDE) regarding the renewal of a sludge utilization permit for the Carr property. He also received information from MDE regarding the eight-hour ozone standards. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he would be meeting with the consultant on the radio communications project. Rodney Shoop, County Administrator, stated that staff is optimistic that there might be additional grant funding for the project. Mr. Rohrer indicated that a workshop has been scheduled for May 26 to discuss plan review and development procedures. He stated that he is working with the State Highway Administration and State Police to restrict parking on the shoulder of Route 40 near the Forty West Landfill. CABLE FRANCHISE – COMMUNITY NEEDS ASSESSMENT Ronald Whitt, Director of Information Technologies, and members of the Washington County Public Network (WCPN) met with the Commissioners to MAY 25, 2004 PAGE TWO discuss the possibility of funding a cable-related community needs assessment. Mr. Whitt stated that the first step in the formal process of cable franchising is to identify future cable-related needs, the interests of the community, and the ability of the cable operators to meet these needs. The WCPN has developed a Request for Quotation (RFQ) to send to consultants for a needs assessment. He outlined the topics that the consultant would be reviewing. Al Martin, City Finance Director and member of WCPN, reviewed the process used by the City of Hagerstown to renegotiate its agreement. The meeting was opened for questions and discussion. Commissioner Wivell stated that he was against the proposal because of the potential of imposing a franchise tax. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the RFQ for a consultant to perform a cable- related community needs assessment with funds to be taken from the FY 2005 Commissioners Contingency budget. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” INTERGOVERNMENTAL AGREEMENT FOR TIRE AMNESTY DAY Harvey Hoch, Recycling Coordinator, met with the Commissioners to review the Intergovernmental Agreement with the Maryland Environmental Service that is required to participate in 2004 Tire Amnesty Day. He provided a history of the number of tires collected in 1999-2004. Mr. Hoch stated that MES would organize and monitor the event. The purpose of tire amnesty day is to provide residents with a free, responsible disposal option for a small number of scrap tires. Funding for the event would be provided from monies received from a tire tax charged when new tires are purchased in Maryland. Mr. Hoch informed the Commissioners that MDE has only guaranteed funding for the transportation and disposal of up to 75 tons of scrap tires. He stated that the program could exceed MDE funding and recommended that the Solid Waste Advisory Committee develop guidelines for the event to reduce the risk of exceeding this amount. Motion made by Commissioner Munson, seconded by Kercheval, to participate in 2004 Tire Amnesty Day, approve the execution of the Intergovernmental Agreement with Maryland Environmental Service, and have the Solid Waste Advisory Committee recommend controls for the event. Unanimously approved. RECOMMENDATION TO UPGRADE PERMITS & INSPECTIONS DIRECTOR POSITION David Hankinson, Director of Human Resources, and Gary Rohrer, Director of Public Works, informed the Board that the Salary Review Committee reviewed the revised position description and qualifications for the Permits & Inspections Director and proposed that the position be upgraded from a Grade 16 to 17. The revisions to the job description now include the requirement for either a bachelor’s degree in engineering or architecture. The Commissioners discussed the changes made to the job description. After discussion, they approved the revised job description but directed that the position remain at a Grade 16 and be advertised at that level. The Commissioners suggested that the salary range for the position be advertised as “up to” the maximum salary in that grade level. Motion made by Commissioner Nipps, seconded by Wivell, to authorize staff to move forward with a revised job description for the Director of Permits & Inspections as presented and to advertise the position at Grade 16. Motion carried with Commissioners Nipps, Wivell, Munson and Snook voting “AYE” and Commissioner Kercheval voting “NO.” RECOMMENDATION TO UPGRADE ASSISTANT SECTION SUPERVISOR POSITION – HIGHWAYS DEPARTMENT Mr. Hankinson and Mr. Rohrer brought a recommendation from the Salary Study Committee to upgrade the Assistant Section Supervisor position at the Highways Department from Salary Grade 10 to Salary Grade 11 before the Commissioners. The Commissioners reviewed the changes in the point system that the Salary Review Committee made to the position. The meeting was then opened for questions and discussion. MAY 25, 2004 PAGE THREE Motion made by Commissioner Wivell, seconded by Munson, to deny the request to upgrade the Assistant Section Supervisor Position at the Highways Department from Grade 10 to Grade 11. Unanimously approved. CITIZEN’S PARTICIPATION Alice Hessler expressed concerns about various problems in her neighborhood with such infractions as trash in yards and on porches, high weeds, and unlicensed vehicles. She suggested that the County hire part-time help to assist with inspections. Commissioner Snook stated that they would evaluate what can be done and explained enforcement issues and current procedures. Commissioner Kercheval informed Mrs. Hessler that the Commissioners authorized the hiring of a Zoning Enforcement Officer in the FY 2005 budget to help alleviate these problems. COUNTY ATTORNEY COMMENTS John Martirano, Deputy County Attorney, informed the Commissioners that the stormwater management issue with Tractor Supply Company has been resolved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that he attended the May meeting of the local chapter of the Maryland Municipal League. PUBLIC HEARING – PROPOSED ADOPTION OF AN OUTDOOR ADVERTISING MORATORIUM ORDINANCE Richard Douglas, County Attorney, reviewed the Outdoor Advertising Moratorium Ordinance that would establish a moratorium on the construction of new billboards, pending the development of amendments to the existing outdoor advertising regulations in the Zoning Ordinance. Mr. Douglas stated that the Ordinance would allow County staff 90 days to review current regulations and recommend any changes. The meeting was then opened for questions and discussion. Mr. Douglas indicated that any plans for billboards submitted prior to May 4 would go through the system as usual. The meeting was then opened for public comment. After hearing all comments, the hearing was closed at 11:14 a.m. Commissioner Snook stated that the record would remain open for ten (10) business days in order to receive any written comments. RECESS – YOUTH OF THE MONTH ANNUAL BANQUET The Commissioners recessed at 11:15 a.m. in order to attend the annual banquet honoring the recipients of the Youths of the Month award. AFTERNOON SESSION The afternoon session was called to order at 1:30 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. ENVIRONMENTAL REVIEW OF HUD-FUNDED HOUSING BY THE COUNTY Richard Willson, Director of the Washington County Housing Authority, informed the Commissioners that the federally funded projects require an annual environmental review. Since the elderly housing projects in Smithsburg and Williamsport were funded by HUD, they would require the environmental review. Mr. Willson stated that the Army Corps of Engineers conducted these reviews in the past although new HUD regulations require the local government to conduct these reviews or retain an outside consultant for this purpose. He informed the Commissioners that Joe Kuhna, Community Development Administrator in the Planning Department, is qualified to perform the environmental reviews and asked that they give their approval to allow him to do so. Mr. Willson stated that he would prepare all the necessary paperwork. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Nipps, to approve the recommendation to authorize Joe Kuhna, Community Development Administrator, to perform the environmental reviews required by the MAY 25, 2004 PAGE FOUR Department of Housing & Urban Development for the Washington County Housing Authority. Unanimously approved. BUS ADVERTISING SERVICES FOR COUNTY COMMUTER Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for bus advertising services for the County Commuter to Keystone Media, Inc. which submitted the highest responsive, responsible bid based on fifty (50%) percent of the projected estimated annual net review for a total of $20,000, for a three-year contract with up to two additional one-year renewal periods. Unanimously approved MAILROOM AND POSTAGE SERVICES TO NONPROFIT AGENCIES Rodney Shoop, County Administrator, reviewed letters from Community Action Council (CAC) and CASA, Inc. requesting that the Commissioners restore the use of the County mailroom and postage services to them due to the financial hardship it causes them. He stated that the Commissioners decided at the April 19, 2004, meeting to phase out the use of the copy/mail room services to nonprofit agencies, but agreed that CAC and CASA could request an adjustment should this action proved a hardship to them. Motion by Commissioner Munson, seconded by Wivell, to deny the request made by CAC and CASA to reinstate copy/mailroom services to them. The Motion did not carry with Commissioner Munson voting “AYE” and Commissioners Wivell, Kercheval, Nipps, and Snook voting “NO.” Motion made by Commissioner Nipps, seconded by Kercheval, to support request made by CAC and CASA to reinstate mailroom and postage services. Commissioner Wivell proposed an amendment to the original motion to cap the amount of copies at 50,000 per year. Motion made by Commissioner Nipps, seconded by Kercheval, to accept the amendment proposed and support the request to reinstate copy/mail room services for CAC and CASA with copies allowed per agency at 50,000 per year. The amended motion was unanimously approved. ADOPTION OF AMENDMENTS TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE Richard Douglas, County Attorney, reviewed the amendments containing the proposed amendments to the Adequate Public Facilities (APFO) ordinance and the comments made at the public hearing that was held on April 27, 2004. 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. Douglas stated that the revisions also 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. He reviewed other amendments proposed. The meeting was then opened for questions and discussion. The Commissioners asked that the Ordinance include some reference to the fact that Washington County does not recognize portable classrooms in calculating the capacity of a school. The Commissioners also agreed to allow developers of small subdivisions of five lots or fewer to pay APFO fees at the permit stage. The Board will adopt a policy to be worked out by staff. Mr. Douglas informed them that the APFO is oriented toward capital improvements and did not support the inclusion of “soft” costs in the formula. Commissioner Kercheval distributed a spreadsheet tracking the school capital funding needed for projected growth and showing the differences in the funding required whether or not the City of Hagerstown adopted a similar APFO. Commissioner Kercheval stated that he supports the original formula, which assesses a fee of approximately $7,400 per home for new construction. It was the consensus of the Commissioners to support Commissioner Kercheval’s proposal to reject the amendment to Section 5.4.2. Motion made by Commissioner Wivell, seconded by Nipps, to reject the proposed amendments to Section 5.4.2 of the Adequate Public Facilities Ordinance for computing monetary compensation and to maintain the formula originally adopted to address school inadequacy, but to adopt the MAY 25, 2004 PAGE FIVE amendments clarifying the authority of the County to control the pace of development as necessary to ensure the adequacy of public facilities, not only at the building permit stage, but at the subdivision and site plan approval stage. Unanimously approved. (A copy of the approved ordinance is attached.) OPTION TO PURCHASE PROPERTY AT HAGERSTOWN REGIONAL AIPORT Motion made by Commissioner Nipps, seconded by Munson, to approve the option agreement with Jerry & Jean Keplinger to purchase property located at 17930 Reiff Church Road for $155,000 (County share of $8,490) and to approve the replacement housing differential of $14,800 for property, which is needed for the Runway 09 Land Acquisition Project. The project is funded 90% FAA and 5% State of Maryland. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:52 p.m. to consider any personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, consult with staff, consultants, or other individuals about pending or potential litigation, and consider matters that concern proposals for businesses or industrial organizations 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 Wivell, seconded by Munson, to reconvene in open session at 4:05 p.m. Unanimously approved. In closed session, the Commissioners considered one (1) personnel issue that affects one or more individuals, consulted with counsel to obtain legal advice on three (3) matters, consulted with staff or other individuals about pending or potential litigation, 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 Douglas, County Attorney; John M. Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Greg Murray, Director of the Water Quality Department; and Gary Rohrer, Director of Public Works. APPOINTMENTS – BOARD OF ZONING APPEALS Motion made by Commissioner Munson, seconded by Nipps, to reappoint Spence Perry to the Board of Zoning Appeals for a three-year term and to appoint Bertrand Iseminger, Jr., for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 4:05 p.m. Unanimously approved. , County Administrator __________________________, County Attorney ___________________________, County Clerk