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HomeMy WebLinkAbout041221 December 21, 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 Commission Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – DECEMBER 14 & 16 2004 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of December 14 and 16, 2004, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps informed the Commissioners that she attended the dedication of the new gymnasium at Girls, Inc. She also reported on the Airport Advisory Commission meeting. Commissioner Munson noted that a recent issue of the Antique Automobile Club’s monthly magazine contained an article on the show that was held at the Washington County Agricultural Center last summer. Commissioner Kercheval thanked the County Administration Building employees for organizing the holiday luncheon last week. He reported on the meetings of the “2 + 2” Committee and the Public Golf Corporation. Commissioner Kercheval informed the Commissioners that Jim MacGillivray, Vice President of Ausherman Development, would like to meet jointly with the Commissioners and Board of Education in early January regarding the school site at the Westfields development and transfer of the deed. Commissioner Wivell stated that he and Commissioner Kercheval met again with the Agricultural Land Preservation Advisory Board to discuss preservation programs. Commissioner Snook stated that he received a letter showing the proposed funding the County would receive from the State Public School Construction Program for scheduled projects. He thanked the Commissioners and staff for their hard work this year and the amount of time that was put into various projects. UPDATE ON BRIDGE PROJECTS Gary Rohrer, Director of Public Works, provided an update on various ongoing bridge projects in the County. He stated that they are hoping to open the Broadfording Road Bridge on January 7 so that it will be functional for the remainder of the winter. Mr. Rohrer explained that it would be closed again on June 1 to complete the renovation and open on September 30. He informed the Commissioners that Phase I of the Ford Drive project would be open on December 23. Due to problems with the weather, the Clopper Road Bridge will not be open for the winter. Mr. Rohrer stated that projected completion date is in mid-April. Commissioner Snook asked for list of the roads that were paved this year. Mr. Rohrer informed the Commissioners that the contractor did not complete the overlay on the roads that he had committed to pave. PROJECT AWARE Verna Brown, Emergency Management Coordinator, and Martha Berg Middleton, representing the Western Maryland Area Health Education Center (AHEC), met with the Commissioners to request that Washington County join in partnership with AHEC to provide office space and coordination from the Department of Emergency Services. Ms. Brown informed the Commissioners that Western Maryland AHEC was one of 12 agencies nationwide to be awarded a three-year Volunteer Program Grant (Project Aware) from the Corporation for National and Community Service to help strengthen regional volunteer response to Homeland Security needs in public health, public safety, emergency response, and disaster preparedness. Ms. Middleton explained that the objective of Project Aware is to encourage and equip people age 55 and older to support public preparedness, minimize damage from Homeland Security threats, and aid in the recovery DECEMBER 21, 2004 PAGE TWO from any such attack. She stated that the grant allows for establishment of a regional field office to be served by a Field Coordinator. They are requesting that Washington County serve as a site for Region III, which includes Washington County, Berkeley and Morgan Counties in West Virginia, and Frederick County, Virginia. The Field Coordinator would be under the direction of the Department of Emergency Services. The meeting was opened for questions and discussion regarding the request. The Commissioners suggested that Franklin County, Pennsylvania, be included in Region III for any future grants of this nature. Motion made by Commissioner Nipps, seconded by Kercheval, to accept the grant funding from the Volunteer Program Grant (Project Aware) from the Corporation for National and Community Service and approve the request that Washington County join in partnership with the Western Maryland Area Health Education Center (AHEC) to provide office space for the Region III Field Coordinator under the Department of Emergency Services. The approval was made with the understanding that the grant-funded Field Coordinator position would be terminated when the grant funds expire. Unanimously approved. REGIONAL HOMELAND SECURITY FUNDING Motion made by Commissioner Nipps, seconded by Wivell, to accept the grant award from the Maryland Emergency Management Agency for Washington County’s portion of $133,765.77 for the purchase of mobile incident command and communication units. Unanimously approved. DECEMBER 2004 CITIZEN OF THE MONTH – CHILDREN IN NEED The Commissioners honored Children In Need as Citizen of the Month for December 2004 for the positive impact the organization has had on the community. Commissioner Nipps presented a proclamation to Art Richards, founder of Children In Need, honoring the volunteer group for providing clothing, school supplies, and personal care items to area children whose families cannot afford such necessities. She stated that Children In Need has supplied an estimated 5,000 pads of paper, 800 coats, 2,500 pairs of socks and 1,500 pairs of jeans to children in 2004. Mr. Richards thanked the Commissioners for the proclamation and provided additional information on the mission of the program. PROPOSED ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) AGREEMENT – WASHINGTON COUNTY HEALTH SYSTEM, INC. Gary Rohrer, Director of Public Works, appeared before the Commissioners to request their approval of the proposed APFO agreement with the Washington County Health System, Inc. for roads. Mr. Rohrer reviewed the document and stated that it has been agreed upon by the parties involved in the negotiations. He noted that the agreement includes a 7.8 percent construction cost increase over the original calculation based on the Engineering News Record Construction Cost Index , which is a nationally recognized standard. The Developer has agreed to pay $1,720,432 as its monetary contribution toward the New Hospital APFO Improvements. Mr. Rohrer stated that the developer would be subject to annual adjustment construction cost increases for each year that the hospital project is delayed. The agreement also includes a “sunset” provision if the new hospital is not built. He indicated that if the building permits for the new hospital are not issued within five years from the date of the agreement, it becomes “null and void.” The meeting was then opened for questions and discussion. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the Adequate Public Facilities Agreement for Roads for the new hospital with the Washington County Health System, Inc., with the additional clarifications requested by the Commissioners. Motion carried with Commissioners Wivell, Kercheval, Munson and Snook voting “AYE” and Commissioner Nipps “ABSTAINING.” CAPITAL ASSET POLICY Debra Bastian, Director of Finance, presented the draft Capital Asset Policy for their consideration. Ms. Bastian explained that this is a new fiscal policy, that sets guidelines for adequate physical and financial DECEMBER 21, 2004 PAGE THREE control over County assets. She stated that a Capital Asset Policy is one of the “Best Management Practices” in Fitch’s top 10 list for rating upgrades. Ms. Bastian reviewed the policy and stated that it provides detailed guidance to users on asset acquisition, maintenance, and disposition of County assets and meets control objectives for the County’s Capital Improvement Plan. It also promotes long-term financial stability by establishing clear and consistent guidelines to apply to the current operation and long-term planning. The policy proposes increasing the threshold for capital assets from $1,000 to $5,000 for transportation and golf course and $1,000 to $10,000 for all other funds. The meeting was then opened for questions regarding the policy. Motion made by Commissioner Wivell, seconded by Nipps, to adopt the Capital Asset Policy as presented. Unanimously approved. CITIZENS’ PARTICIPATION Harry DeMoll, attorney for Todd and Mike Easterday, requested that he be allowed to give additional comment on the Mellott quarry rezoning application (RZ-04-008) since the Easterdays’ land adjoins the quarry. Commissioner Snook advised him that the public record was officially closed on December 13, with the exception of the submission of legal memoranda by January 15. The Commissioners consulted with counsel and agreed to allow Mr. DeMoll to submit legal memorandum by the January 15 deadline. Richard Douglas, County Attorney, stated that the Easterdays spoke at the public hearing and are considered to have standing in the case. Henrietta Livelsberger informed the Commissioners that she completed a report outlining the lots of record from Boonsboro south to the County line to determine how many lots would be exempt under the current zoning regulations. She noted that she counted approximately 2,260 lots of record. SERVICE REQUEST PROCEDURES – PERMITS & INSPECTIONS Michael Thompson, Director of the Planning Department; Kathy Kroboth, Zoning Coordinator; and Chris Nicholson, Inspector, met with the Commissioners to review service request procedures. Mr. Thompson stated that the Commissioners agreed to provide for the issuance of civil citations for zoning violations in lieu of proceeding directly to court. They also requested that staff develop procedures for handling these complaints from citizens. He then reviewed the procedure developed in collaboration with the County Attorney’s Office. Mr. Thompson stated that after the initial complaint is filed and deemed to be valid, the inspector will photograph the violation, the posted notice, the address of the dwelling, and an overall picture of the property. A certified letter confirming the issuance of the notice will be mailed to the owner’s last known address. If the property is in compliance after 15 days, the inspector will photograph the property for documentation. If the property is still in violation after 15 days, a citation will be issued in the amount of $100 per day from the day of issuance of the citation with an additional 15- day compliance date. Extensions may be granted if significant progress has been made from the initial inspection. No extensions will be granted once a citation has been issued. Mr. Thompson stated that, upon the filing of a complaint or citation with respect to a violation that has been previously cited, a new service request will be generated, a citation will be issued to the owner if the inspector finds that it is in violation, and a citation issued in the amount of $500 per day for each day the property is in violation. The meeting was then opened for discussion. The Commissioners asked that a time limit of two years be specified in the policy to determine repeat violations. Also discussed was the time given for compliance and the amount of fines. The Commissioners asked that their comments be incorporated into the policy and they would hold further discussion in early January. DECEMBER 21, 2004 PAGE FOUR CONTRACT RENEWAL – CONSTRUCTION/BUILDING INSPECTION SERVICES – REQUIREMENTS CONTRACT Motion made by Commissioner Wivell, seconded by Munson, to renew the contract with Development-Facilitators, Inc. for the construction/building inspection services for the second year, based on its revised letter of request dated December 13, 2004 for a five (5%) increase. Unanimously approved. BUDGET TRANSFER REQUEST – REGIONAL AIRPORT Motion made by Commissioner Munson, seconded by Nipps, to approve the request to transfer the remaining $656,742 from the Rehabilitation of Runway 2-20 Project at the Regional Airport to the terminal and terminal apron modifications project as approved by the FAA. Unanimously approved. APPOINTMENT – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Nipps, seconded by Munson, to appoint Sandra Izer to the Historic District Commission for a three-year term. Unanimously approved. RZ-04-001 – APPLICATION FOR REZONING – PERINI INDUSTRIAL LAND, LLC Motion made by Commissioner Munson, seconded by Nipps, to adopt the findings of fact for RZ-04-001 (Perini Industrial Land, LLC) and articulation of reasons and, finding that the applicant has made a convincing demonstration that the proposed rezoning from Residential Suburban to Highway Interchange –1 would be appropriate and logical for the subject property, the requested rezoning is hereby granted, on the condition that the subject property be buffered from the adjacent residential properties, and impose as a condition to this rezoning, a minimum buffer of seventy five feet (75’) from any residential property, along with adequate screening as determined appropriate by the Planning Commission as a part of the site plan or subdivision process. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Kercheval, to convene in closed session at 11:52 a.m. to 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 Nipps, seconded by Wivell, to reconvene in open session at 12:37 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 considered matters that concern proposals for businesses or industrial organizations 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 M. Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Greg Murray, Director of the Water Quality Department; Scott Schubel, member of the Water Quality Advisory Commission; and Gary Rohrer, Director of Public Works. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Kercheval, to adjourn at 12:37 p.m. Unanimously approved. , County Administrator DECEMBER 21, 2004 PAGE FIVE , County Attorney ___________________________, County Clerk