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HomeMy WebLinkAbout041019 October 18, 2003 Hagerstown, Maryland PUBLIC HEARING – COMPREHENSIVE REZONING OF RURAL AREAS A public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in the Kepler Theater at Hagerstown Community College at 7:00 p.m. to hear testimony regarding additional input on the tentative decisions on the 37 individual property owner requests to review zoning and on any additional proposed text amendments to the Zoning Ordinance. 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, John C. Munson, and Doris J. Nipps. After presentations and public testimony were heard, it was announced that the record would remain open for ten (l0) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 9:00 p.m. __________________________, County Administrator , County Attorney , Clerk October 19, 2004 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:00 a.m. at Salem Avenue Elementary School. The following members of the Board of Education were present: Bernadette Wagner, Edward Forrest, Roxanne Ober, Russell Williams, Princeton Young, and Paul Bailey. Also present were William Breichner, Mayor of Hagerstown, and Hagerstown Council members Kristin Aleshire and Carol Moller. Staff members present were Dr. Elizabeth Morgan, Superintendent of Schools; Dr. Patricia Abernethy, Deputy Superintendent of Schools; Rodney Turnbough, Director of Facilities Management; William Blum, Chief Operating Officer; Christian South, Director of Budget & Finance; and Boyd Michael, Executive Director of Secondary Education. Enrollment Growth and the FY 2006 Capital Improvement Program (CIP) Budget Mr. Blum presented information of the enrollment increases in County schools for 2004. He stated that there are a total of 426 additional students this year over last year’s enrollment for an actual growth rate of 2.1%. Mr. Blum indicated that the long-term growth for the Washington County public schools has been revised up to 2.5%. He then reviewed the schools that are facing the highest increases and provided information on the new developments in those areas. Mr. Blum informed the Commissioners that it is possible that Salem Avenue Elementary School could be over-capacity before the new addition is opened. Commissioner Kercheval suggested that they consider doing a change order to include increasing capacity to a five-round school during the current construction. The Commissioners and Board discussed various growth issues, re- districting, and appropriate school size. Mr. Blum stated that urban growth is impacting Eastern, Potomac Heights, Paramount, Greenbrier, and Bester Elementary Schools. He also outlined the impact on middle and high schools in the area. Mr. Blum explained that they are considering re-districting the Hagers Crossing development area to the new Maugansville Elementary School and keeping the Conococheague Elementary school open. He reviewed the solutions the Board is considering for those areas affected and informed the Commissioners that they have hired a consultant to build a forecasting model to work through those issues. Mr. Blum then reviewed a summary of requests by project in the CIP budget and stated that it would add $125.8 million to the request for FY 2006- OCTOBER 19, 2004 PAGE TWO 2011. The local share would be approximately $77,138,000. Mr. Blum informed the Commissioners that the Board is considering adopting Frederick County’s model for growth. He also indicated the need to hire a facilities planner and project manager. The group discussed funding for the new projects and the Adequate Public Facilities Ordinance. Mr. Blum reviewed proposed new developments and how they would impact the schools in those areas. He asked City representatives not to approve the Mt. Aetna Farms Development until a solution is reached that would address the school capacity issues in this area. At this time the Commissioners recessed in order to tour Salem Avenue Elementary School. RECESS The Commissioners recessed at 9:50 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:00 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 12, 2004 Motion made by Commissioner Kercheval, seconded by Munson, to approve the minutes of October 12, 2004, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Sarah Ann Faith (Sheriff’s Office), Daniel Bell (State’s Attorney’s Office), Michael Roe, Jr., (Water Quality Department), Ronald Criswell (Facilities), and Daniel Lewis (Water Quality Department). The Commissioners welcomed the new employees and wished them well in their new positions. PUBLIC HEARING – RURAL LEGACY EASEMENT REQUEST Eric Seifarth, Agricultural Planner, met with the Commissioners to present a request that the Commissioners commit up to $300,000 from the local agricultural transfer tax fund to match the $300,000 available from the Rural Legacy Program to purchase an easement on the Terry and Ruth Price farm. He informed the Commissioners that the current balance in the account is $966,689. Mr. Seifarth stated that the Rural Legacy Program funding was drastically reduced by the State due to budget problems. The Agricultural Land Advisory Board has voted to request the transfer of agricultural transfer tax money to purchase the easement on the Price farm because it is the highest ranked farm on the agricultural preservation list that also applied to Rural Legacy. After questions from the Commissioners, the meeting was opened for public comment. There was no one present who wished to comment. Motion made by Commissioner Munson, seconded by Wivell, to approve the request to provide up to $300,000 from the agricultural transfer tax fund to match $300,000 from the Rural Legacy Program funds to purchase an easement on the Terry and Ruth Price farm. Unanimously approved. PRESERVATION EASEMENT – FRENCH LANE HOUSE Steve Goodrich, Chief Senior Planner, appeared before the Commissioners regarding the French Lane House. Mr. Goodrich provided a history of the project and stated that he recommended that the Commissioners accept the conditions of the Grant Agreement and Preservation Easement from the Maryland Historical Trust (MHT) to enable the County to receive matching grant funds for Phase I of the rehabilitation plan for the house. He explained that the County secured CLG funds to prepare a National Register nomination analysis and the Historic Structure Report, which is the basis for the rehabilitation plan. Mr. Goodrich stated that $10,000 was budgeted in the Historic District Commission’s budget to match the OCTOBER 19, 2004 PAGE THREE MHT’s grant. The Commissioners discussed the options for use of the property and MHT’s requirements. They discussed allocating additional County funds for stabilization of the property instead of using MHT funds due to the conditions required and having a plan developed for the property. Motion made by Commissioner Wivell, seconded by Nipps, not to accept the Grant Agreement from the Maryland Historical Trust but to allocate an additional $15,000 from the Commissioners’ Contingency Fund to include with the Historic District Commission’s budgeted funding to enable the stabilization of the French Lane house. Motion carried with Commissioners Wivell, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson voting “NO.” CITIZENS’ PARTICIPATION Paula Worthington expressed her opposition to the stream restoration project in Beaver Creek. She stated that the project is being done by the Soil Conservation Service and Maryland Department of the Environment. She stated that she would like to be assured that she would have water flow from the stream when the project is complete. Commissioner Snook stated that he would check with Soil Conservation Service to see if the plans can be altered. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, requested that the Commissioners approve a Change Order Request on the Court House Renovation Project in the amount of $25,639 to hire an Industrial Hygienist to assist in asbestos abatement. The Commissioner discussed possible options and asked Mr. Shoop to have staff explain the requirements of the contract based on State guidelines. The Commissioners took this request under consideration. RE/APPOINTMENTS – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Nipps, seconded by Munson, to reappoint Merry Stinson, Carla Viar, and Eleanor Lakin to the Historic District Commission for three-year terms, waive the two-term limit policy and reappoint Michael Gehr for a one-year term, and appoint David Wiles and John Kvach for two-year terms. Unanimously approved. PRESENTATION OF SALARY RECOMMENDATIONS FOR POSITIONS STUDIED BY THE 2004 SALARY STUDY COMMISSION Richard Douglas, County Attorney, presented the salary recommendations from the 2004 Salary Study Commission. Leslie LeBlanc, Chair, reviewed the membership of the Commission. Ms. LeBlanc explained that the Commission studied the salaries of the Board of Education, Orphans’ Court judges, Sheriff, State’s Attorney, Treasurer, Board of Supervisors of Elections, including substitute members, and Board of Liquor License Commissioners. These recommendations will be considered in formulating the requests the Commissioners will make to the Washington County Delegation to the General Assembly for changes, if any, to the salaries provided by statute for these positions. The Salary Study made the following recommendations: 1) Board of Election Supervisors (substitute members) - increase salary from $50 to $75 for each meeting a substitute board member attends; 2) Board of License Commissioners – no change to current compensation; 3) Orphans’ Court Judges – no change to current compensation; 4) Board of Education – A $1,500 increase from the current salary of $4,800 is recommended for board members based on performance, costs to each board member in serving in this position responsibly, and comparison with other school employees’ raises over the past seven years; and 5) Sheriff – An increase of $67,500 to $90,000 to be commensurate with the duties of the office and to remain equivalent with surrounding jurisdictions and their potential increases. The recommendations were discussed during the presentation. The Commissioners thanked the Committee members for their service and agreed to take the recommendations under consideration before their meeting with the Delegation. OCTOBER 19, 2004 PAGE FOUR RECESS – LUNCH The Commissioners recessed at 11:39 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:02 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell reported on the Economic Development Commission meeting. He stated that he attended the Maryland Association of Social Services Boards conference and acted as a judge at the “Canines on the Canal” fundraiser for the Washington County Humane Society. Commissioner Kercheval reported on the meetings of the Economic Development Commission and Local Management Board. He informed the Commissioners that he met with Doug Wright regarding the written comments he submitted regarding the proposed regulations on outdoor advertising. Commissioner Kercheval stated that the Planning Commission held a workshop meeting and discussed several items including cul-de-sac length, sidewalk requirements, drainage issues, and reservation of school sites. He cited the need to hire a long-range planner in the Planning Department. Commissioner Nipps reported that she attended the State of Education forum, Commission for Women meeting, Museum of Fine Arts picnic to introduce the new Director, and Washington County Hospital’s 100th anniversary picnic. Commissioner Munson informed the Commissioners that he met with a constituent about the use of fire sirens. He stated that they would like to see the practice stopped during the evening hours. He asked that the Emergency Services Director check into the policy on sirens. Commissioner Snook informed the Commissioners that the “Quad State Business Journal” has an article on Federal funding for local airport improvements. He asked the Commissioners for a volunteer to attend the Maryland’s Most Beautiful Citizens Awards Ceremony on November 10. Commissioner Wivell agreed to be the Commissioners’ representative at the ceremony. Commissioner Snook informed the Board that he was asked to serve on the Board of Advisors for the University Systems Of Maryland. He stated that he received a letter from citizens in Greenberry Hills asking the Commissioners to consider installing speed humps in that area because of cross-through traffic. He asked staff to evaluate the request and determine if it is a traffic issue in that area. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the revisions to the Road Adequacy Police are almost complete and ready for their review. Mr. Rohrer provided an update on the bridge repairs at Halfway Boulevard and Underpass Way and the Broadfording Road Bridge project. He stated that they are ready to proceed to overlay 1/10 of a mile on Oak Ridge Drive near the Funkstown Bridge. Mike Thompson, Planning Director, informed the Board of the amount of staff time taken up with posting and removing signs on property for Board of Appeals hearings. He proposed that signs be provided to the applicants with instructions on how to post them. A signed affidavit would then be required to make sure that the sign was posted. The Commissioners authorized him to proceed with this endeavor. David Hankinson, Director of Human Resources, requested authorization to fill the vacant Senior Plant Operator position at the Water Quality Department. Motion made by Commissioner Wivell, seconded by Nipps, to approve request to fill the Senior Plant Operator position at the Water Quality Department. Unanimously approved. OCTOBER 19, 2004 PAGE FIVE PRY HOUSE FIELD HOSPITAL MUSEUM AND OUTDOOR EDUCATION CENTER George Wunderlich, Executive Director of the National Museum of Civil War Medicine, met with the Commissioners to inform them that they would be opening a new location at the Pry House at the Antietam Battlefield. The Pry House would serve as a replica of General McClellan’s headquarters and a field hospital during the Battle of Antietam. He stated that the Museum is entering into agreements with Washington County businesses to promote new education-based tourism at this location. Mr. Wunderlich requested that the Commissioners consider providing annual support in the amount of $25,000 for the Museum. The meeting was then opened for questions and discussions. Commissioner Nipps expressed concern about potential traffic issues and asked Mr. Wunderlich to meet with the owners of neighboring properties about the project. Mr. Wunderlich reviewed the proposed annual budget and costs for set-up. Commissioner Snook informed him that non-profit organizations must be on an approved list before the County can contribute funds. He also advised him that the Museum would be eligible for funding from the Gaming Commission. REQUEST FOR LOAN & GRANT REQUEST – WASHINGTON COUNTY ASSOCIATION FOR RETARDED CITIZENS (ARC) The Commissioners discussed the request made by the Board of Directors of the Association for Retarded Citizens (ARC) that the County provides a $50,000 grant and an interest-free loan in the amount of $50,000 for a new building project to provide an expansion of their Medical Day Care Facility. The Commissioners discussed the possible options. Motion made by Commissioner Kercheval, seconded by Nipps, to provide the Washington County Association for Retarded Citizens with a $50,000 grant and an interest-free loan in the amount of $50,000 to be used to construct an expansion of their Medical Day Care Facility. Grant funds will be taken from excess recordation fees and the loan is to be repaid in seven (7) years at zero interest. Motion carried with Commissioners Kercheval, Nipps, Munson and Snook voting “AYE” and Commissioner Wivell voting “NO.” ADOPTION OF ORDINANCES AMENDING CERTAIN FEES Motion made by Commissioner Nipps, seconded by Munson, to adopt an Ordinance amending the following permit fees: 1) 1997 International Plumbing Code with Local Amendments for Washington County - Application fee raised from $20 to $30 for residential and from $50 to $60 for commercial; 2) 1996 International Mechanical Code, First Printing with Local Amendments for Washington County – Application fee from $20 to $30 for residential and $50 to $60 for commercial; 3) Electrical Fee Schedule Governing Electrical Work Performed in Washington County – Application fee raised from $20 to $30 for residential and $50 to $60 for commercial; and 4) Certain administrative fees relating to the Washington County Department of Permits and Inspections (Chimney - $20 to $30, Expedited Certificate of Occupancy - $25 to $75, Signs (on building) - $20 plus $.07 per sq. ft. to $30 plus $.07 per sq. ft., and signs (free standing) - $75 plus $.07 sq. ft. to $85 plus $.07 sq. ft.) to be used to provide funding for an additional Permits Technician and Electrical Inspector and for new field technology for inspectors. These changes would be reflected in the 1995 First Printing of the CABO One and Two Family Dwelling Code, with Local Amendments for Washington County; and the 1996 BOCA National Building Code, Thirteenth Edition, with Local Amendments for Washington County, to become effective November 1, 2004. Motion carried with Commissioners Kercheval, Nipps, Munson and Snook voting “AYE” and Commissioner Wivell voting “NO.” (A copy of the approved Ordinance is attached.) CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Munson, to convene in closed session at 2:30 p.m. to discuss personnel issues that affect one or more individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. OCTOBER 19, 2004 PAGE SIX RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Munson, to reconvene in open session at 3:19 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters that affect one or more specific individuals. 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 M. Shoop, County Administrator; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Dan DiVito, Gaming Director; and Michael Thompson, Director of Planning. EMPLOY DIRECTOR OF PERMITS & INSPECTIONS Motion made by Commissioner Munson, seconded by Nipps, to promote Daniel DiVito to the fill the position of Director of Permits & Inspections. Unanimously approved. The Commissioners also authorized filling the resulting vacancy for Gaming Director. ADJOURNMENT – DEDICATION & OPEN HOUSE – HAGERSTOWN COMMUNITY COLLEGE - ADMINISTRATION & STUDENT AFFAIRS BUILDING The Commissioners adjourned at 3:20 p.m. in order to attend an open house at Hagerstown Community College for the Administration and Student Affairs Building. __________________________, County Administrator , County Attorney _______________________, County Clerk