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HomeMy WebLinkAbout041026 October 26 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 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 County Administrator Rodney Shoop, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 18 & 19, 2004 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of October 18 and 19, 2004, as amended. Unanimously approved. COMPREHENSIVE RURAL AREA REZONING WORKSHOP Michael Thompson, Director of Planning & Community Development, and Stephen Goodrich, Chief Senior Planner, met with the Commissioners to review the 37 individual requests for changes to the proposed zoning and Comprehensive Plan map amendments and the proposed amendments to the text of the Zoning. The Commissioners reviewed items heard at the public hearing on October 18, 2004. After discussion, they agreed to increase the setbacks in the “IM” Industrial Mining district to 200 feet from a property line if it adjoins an “R” Residential or “RV” Rural Village zoned property. They also considered requests from property owners along Mason Dixon Road to be included in the Urban Growth Area (UGA) near the Hagerstown Regional Airport and concluded that it was logical for these properties to be included if that was the desire of the property owners. The Commissioners supported the request to permit agricultural outbuildings in Preservation or Conservation districts the same as is allowed in currently in Agricultural zoning. They also agreed to allow owners of property areas with restricted soils up to one year to complete their lot subdivision if they submit a written contract of sale and proof of application for perc test prior to the adoption of rural zoning. The Commissioners discussed the nine requests submitted prior to the hearings and directed staff to present information on those requests at the next workshop. The Commissioners reviewed the following individual requests: Request #28 – Mae & Margaret Freaver & Louise Conway (21315 Mt. Aetna Road) – the Commissioners concurred with the request that the property be included in the Rural Village designation. Request #9 – Todd & Melanie Draper (Falling Run Road) – the Commissioners concurred with the property owner’s request to change the zoning to Agricultural from Environmental Conservation. Request #13 – James & Bonnie Weddle (19027 Poffenberger Road) – concur with the property owners’ request for inclusion in the UGA. They instructed the staff to make a clean line for the boundary, which includes several smaller parcels. Request #12 – Ralph & Teresa Shank and Mary Shank Creek – the Commissioners denied the request to include the property in the UGA boundary at this time. Request #24 – Elmer & Andrew Stone (6134 Rohrersville Road) – the request was denied to include the property in the UGA at this time. Request #19 - Eugene Hornbaker (15009 Falling Waters Road) – the Commissioners denied the request to change the recommended zoning from Environmental Conservation to Agricultural. OCTOBER 26, 2004 PAGE TWO Request #26 – J. Maurice Carlisle (B/S Stottlemyer Road) –The Commissioners approved the applicant’s request to zone the property on both sides of the road as Agricultural. Request #16 – Jacob & Leonard Easterday (21432 Greenbriar Road) – the request to include this parcel in the Rural Village zone was denied. Commissioner Kercheval expressed concerns regarding the Rural Business (New) floating zone and the possibility that the regulations could be abused. The Commissioners agreed not to amend the minimum areas required for school sites. The Commissioners discussed possible easement and preservation programs for agricultural land. Commissioner Wivell proposed allowing landowners to buy back densities for land preservation. He gave an example that a landowner would be assessed an amount to buy back density and restore equity. Commissioner Wivell explained that this would preserve agricultural land at a 2:1 ratio. The Commissioners also discussed the possibility of assessing a flat fee per real estate account with proceeds to be used for agricultural land preservation. He outlined the benefits of the plan over a Transfer Development Rights (TDR) plan. Commissioner Kercheval emphasized the need to have a plan to preserve farmland and not just adopt downzoning. He proposed developing a plan to buy easements through TDRs or Installment Purchase Agreements (IPA). Commissioner Kercheval stated that this would enable larger parcels to be preserved through a TDR program more quickly. Commissioner Snook stated that there would have to be further discussion by the Commissioners before a plan is adopted. The Commissioners also discussed the moratorium in place on new major residential developments, which is in effect until October 28, 2004. Richard Douglas, County Attorney, indicated that the moratorium would expire if the Commissioners do not vote to extend the time period. It was the consensus of the Commissioners to extend it for a 90-day period in order to review and adopt a proposal for an agricultural preservation plan. Motion made by Commissioner Nipps, seconded by Kercheval, to extend the Ordinance to Provide for a Moratorium on Major New Residential Developments Outside the Growth Areas entitled “Moratorium Extension Ordinance for Washington County, Maryland” for up to 90 days in order to allow time to develop a plan dealing with agricultural preservation and compensation. Motion carried with Commissioners Wivell, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson voting “NO.” CITIZENS’ PARTICIPATION Tom Janus expressed concerns regarding the school capacity figures used to justify overcrowding in the elementary schools. He asked the Commissioners to consider leasing facilities to set up small teacher-run neighborhood schools. Mr. Janus stated that grade level could be determined by skill rather than age. He distributed copies of a brochure from the Bill and Melinda Gates Foundation entitled “Creating a Portfolio of Great High Schools” for their examination. John Himes raised questions about the moratorium on residential developments. He also commented on the Salary Study Commission’s recommendations and road conditions in the County. Commissioner Snook explained how the Salary Study Commission is appointed and their charge as outlined by State statute. Brien Poffenberger, President of the Chamber of Commerce, introduced himself to the Commissioners and provided information on the Chamber and its mission. He invited the Commissioners to attend the upcoming Economic Summit to be held on November 4. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson commented on the rising cost of fuel and asked that the County Administrator be tasked with developing a plan for their approval on the use of County vehicles and fuel conservation. OCTOBER 26, 2004 PAGE THREE Commissioner Nipps stated that she attended the Annual Leadership Prayer Breakfast and the town meeting sponsored by the Central Maryland AFL-CIO regarding smart growth, veterans’ issues, and affordable housing. She reported on the Airport Commission meeting and the report given by the consultants from the URS Corporation on the runway improvement project. Commissioner Wivell informed the Commissioners that he attended the press conference for the Waltersdorf/Henson Endowment Challenge, the Clear Spring ALS Walk, and the Health and Safety Fair. He reported on meetings of the PenMar Development Corporation and Board of Social Services. Commissioner Wivell stated that he also participated in a forum on presidential candidates that was sponsored by Hagerstown Community College’s government class. Commissioner Kercheval thanked Commissioner Snook for the invitation to the Annual Leadership Prayer Breakfast. He reported on meetings of the Metropolitan Planning Organization, Golf Course Corporation, and Mental Health Advisory Committee. Commissioner Kercheval stated that he attended the press conference announcing the Waltersdorf/Henson Endowment Challenge and the ribbon-cutting ceremony for the new facility at Hagerstown Community College. He informed the Commissioners that he met with the developer of the Westfields Subdivision regarding the designation of a proposed elementary school site on the property. Commissioner Snook stated that he received a letter from the Maryland Association of Counties asking who would serve as Washington County’s representative on 2005 Legislative Committee. After discussion, the Commissioners agreed to appoint Commissioner Kercheval as the County’s representative and Commissioner Snook as alternate. Commissioner Snook stated that he attended the Transportation Advisory Committee meeting and received a progress report on the State’s plans to repair the Licking Creek Bridge. He requested that staff provide an update on the Development Capacity Task Force. Commissioner Snook informed the Commissioners that the State is working to find a temporary location for a small business owner in Hancock who lost access to his property due to recent storm damage. He stated that the County might be asked to help with signage for this project. REPORTS FROM COUNTY STAFF Jim Sterling, Director of Buildings, Grounds & Parks, informed the Commissioners of the date when the auction on electric deregulation would be held. Mr. Sterling noted that the County would be piggybacking on the State’s contract in an attempt to ensure lower rates. He stated that he would be attending on the County’s behalf and indicated that a decision would have to be made within several hours of the bid opening whether or not to “lock in” to the rates. He asked for permission to accept the rates on behalf of the County, in conjunction with the State’s acceptance. The Commissioners would formally adopt the rates the following week. After discussion, the Commissioners granted Mr. Sterling the authorization to accept the contracted rates for electric service on behalf of the County. RECESS – LUNCHEON & TOUR – AGRICULTURAL EDUCATION CENTER The Commissioners recessed at 11:16 a.m. in order to tour the Agricultural Education Center and attend a luncheon with the Board of Directors of the Center. AFTERNOON SESSION The afternoon session was called to order at 1:48 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. APPOINTMENTS – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Munson, seconded by Wivell, to appoint Joe Ralls as a Delegate and Mike Lida as an Alternate Delegate to the Fire & Rescue Communications Advisory Board for three-year terms. Unanimously approved. OCTOBER 26, 2004 PAGE FOUR CAPITAL IMPROVEMENT POLICY Debra Bastian, Director of Finance, reviewed a new fiscal policy entitled “Capital Improvement Policy.” She stated that the policy’s objective is to set guidelines and goals for the County Capital Improvement Plan. Ms. Bastian emphasized that the Policy is general and flexible enough to accommodate the changing community while providing sufficient guidance to enable sound financial choices. She indicated that it also fulfills one of the “Best Management Practices” of Fitch’s top 10 list for rating upgrades. Ms. Bastian stated that two more policies will be brought before the Commissioners for approval this month, leaving only one more to adopt. Ms. Bastian stated that she is waiting for written approval from the external auditor regarding the wording to increase the definition of capital asset limit to “An item with a value in excess of $10,000 and an expected life of more than two years, such as vehicles, equipment, and furniture.” The Commissioners discussed the proposed policy and made minor revisions. Motion made by Commissioner Nipps, seconded by Munson, to approve the new Capital Improvement Policy, to include the additional revisions outlined today. Unanimously approved. VISIT FROM STATE COMPTROLLER’S OFFICE Dean Kenderdine, Chief of Staff for the State Comptroller, and Jerry Klasmeir, Deputy Comptroller, met with the Commissioners to provide information on the functions of the office and to ensure that they are in tune with the County’s needs. Mr. Kenderdine stated that Comptroller Schaeffer has local government experience and is sensitive to its needs. Mr. Klasmeir introduced himself and reviewed his background and duties. He stated that the Comptroller sits on the Board of Public Works and provided information on how to contact him or his staff on items of interest to Washington County. Commissioner Snook asked Mr. Kenderdine and Mr. Klasmeir to convey their thanks to the Comptroller for his assistance to Washington County through the years. COURT HOUSE PROJECT – CHANGE ORDER Gary Rohrer, Director of Public Works, appeared before the Commissioners to discuss the request for a change order for the Court House Project to obtain the services of an industrial hygienist. Mr. Rohrer stated that the hygienist would provide monitoring, testing, and record keeping during the asbestos abatement process. He informed the Commissioners that the change order includes onsite inspection an average of two days per week and to ensure that the abatement contractor complies with all Federal and State regulations. He strongly recommended that the Commissioners approve the change order due to safety issues. Mr. Rohrer informed the Commissioners that the local Health Department is not trained or equipped to perform these services. The meeting was then opened for discussion and questions. The Commissioners voiced concerns that this item was not included in the original contract award, and it was the consensus that the contractor could handle the abatement issues in accordance with State and Federal guidelines. Motion made by Commissioner Wivell, seconded by Munson, to deny a change order for the Court House renovation project in the amount of $25,639 in order to hire an Industrial Hygienist during the asbestos abatement process. Motion carried with Commissioners Munson, Wivell, and Nipps voting “AYE” and Commissioners Kercheval and Snook voting “NO.” SALARY STUDY COMMISSION RECOMMENDATIONS Richard Douglas, County Attorney, reviewed the recommendations made by the 2004 Salary Study Commission. He stated that a recommendation must be made to the County Delegation to the General Assembly for legislation as to changes in the salaries of certain elected officials. The Commission members 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 OCTOBER 26, 2004 PAGE FIVE 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 in line with surrounding jurisdictions and their potential increases. The Commissioners discussed the recommendations and approved all of them with the exception of the amount of increase proposed for the Sheriff. They stated that this position received an increase in 2002 and they could not recommend an increase of this size. They accepted the Commission’s recommendation that the salary should be increased, but rejected the amount recommended for the increase, leaving that to the Delegation. AUTHORIZATION TO FILL VACANT POSITIONS Motion made by Commissioner Munson, seconded by Kercheval, to authorize filling the following vacancies: Two (2) Motor Equipment Operator I positions (Highways Department), Mechanic (County Commuter), Airport Maintenance Worker/Firefighter (Airport), and Engineer (Water Quality Department). Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Wivell, to convene in closed session at 3:01 p.m. to consult with counsel to obtain legal advice, discuss a personnel matter that affects one or more specific individuals, and consult with staff, consultants or other individuals 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 Nipps, seconded by Wivell, to reconvene in open session at 3:36 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter, consulted with staff, consultants or other individuals about pending or potential litigation, and discussed one (1) personnel matter that affects 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; Gary Rohrer, Director of Public Works; and Greg Murray, Director of the Water Quality Department. ADJOURNMENT AND TOUR OF PERFORMANCE PIPE Commissioners adjourned at 3:36 p.m. in order to attend a tour of Performance Pipe located on Hopewell Road. Performance Pipe specializes in the manufacture of polyethylene pipe, tubing, and conduit for the gas distribution, industrial, municipal and telecommunications markets. , County Administrator , County Attorney ___________________________, County Clerk