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HomeMy WebLinkAbout070828 August 28, 2007 Hagerstown, Maryland Commissioners Barr, Aleshire, Kercheval, and Wivell met with the Frederick County Commissioners and representatives of Corporate Office Properties Trust (COPT) for a tour and overview of the Fort Ritchie development project. RECESS The Commissioners recessed at 12:00 noon for lunch with the Frederick County Commissioners. The afternoon session of the Board of County Commissioners of Washington County, Maryland was called to order at 1:45 p.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – AUGUST 7, 2007 Motion made by Commissioner Kercheval, seconded by Baker, to approve the minutes of August 7, 2007. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the Maryland Association of Counties (MACo) Annual Conference held in Ocean City, Maryland and reported that he met in an open forum with Secretary Wilson of the Maryland Department of the Environment and Secretary Hall from the Maryland Department of Planning. He also reported on the sessions he attended. Commissioner Kercheval informed the Commissioners that he volunteered at the Augustoberfest German festival held in downtown Hagerstown last weekend. He reported on the Board of Education “2+2” Committee meeting and, in light of the upcoming Labor Day holiday, thanked the County employees for their service. He also commended the Budget & Finance staff for the financial overview that they prepared. Commissioner Baker stated that he attended “Everybody’s Day” at Pen Mar County Park. He thanked Recreation Department employees Jaime Dick and Marsha Moats and Jim Sterling, Director of the Buildings Grounds, & Parks Department for their work to make this a successful event. Commissioner Baker also commended Jim Powers who volunteered to coordinate and schedule the bands for the event. Commissioner Wivell inquired if the County had received a copy of the City of Hagerstown’s cost of service study. Greg Murray, County Administrator, replied that he had contacted the City Administrator and was assured that he would send a copy to the Commissioners. Commissioner Aleshire informed the Commissioners that the Commission on Aging has begun to survey seniors on the type of activities they would like to have provided at a Senior Citizens Center. He reminded the Board that there is a public information meeting tonight in Williamsport regarding the Urban Growth Area comprehensive rezoning. He reported on the Solid Waste Advisory Committee meeting. Commissioner Aleshire stated that he attended the kick-off event for the Robinwood Medical Center’s Festival of Trees. He requested an update on the “2+2” Committee and the City’s annexation policy. Commissioner Barr reported on the MACo conference. He stated that he attended the dedication ceremony for the Broadfording Church of the Brethren and a ceremony for three local Eagle Scouts. REAPPOINTMENT – AIRPORT ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint Harry Reynolds to the Airport Advisory Commission for a three-year term. Unanimously approved. AUGUST 28, 2007 PAGE TWO COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that Secretary Maynard of the Department of Public Safety and Correctional Services will be the guest at the Hagerstown-Washington County Chamber of Commerce meeting tomorrow. He stated that a meeting is being scheduled with the Maryland Department of Planning staff and MDE as a follow-up to the meeting at MACo. Mr. Murray informed the Commissioners that State Highway Administration officials have agreed to eliminate a portion of the State overhead costs for the Edgewood Drive/Route 40 project. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Public Works, informed the Commissioners that the approvals for the Barnes Road Bridge project are in place. He stated that he received a letter from the Maryland Historic Trust stating that the proposed design has no adverse affect on the historical significance of the bridge and this will allow staff to move forward with the design. Mr. Kroboth informed the Commissioners that a team of five recently traveled to Illinois to inspect the new communications system. He indicated that the equipment passed a series of tests and will be shipped to the County in the near future and the installation process will begin. He provided an update on the repair of the sinkhole on Maugans Avenue and indicated that the work is complete at a cost of $75,000-$80,000, which is significantly below what was set aside for estimated costs. Commissioner Aleshire stated that he has had questions from several constituents regarding notifications they received regarding older permits and whether they were outstanding. Mr. Murray stated that he would get the details from him and help to resolve the issues. Dee Hawbaker, Director of Human Resources, asked the Commissioners for authorization to fill the following vacancies: Senior Office Associate (Community Partnership for Children & Families) and Senior Plant Operator (Water Quality), Motion made by Commissioner Aleshire, seconded by Kercheval, to advertise to fill the vacancies of Senior Office Associate at the Washington County Community Partnership for Children & Families and Senior Plant Operator at the Water Quality Department. Unanimously approved. PUBLIC HEARING – RURAL LEGACY EASEMENT (CONSTANCE THOMAS) The Commissioners convened a public hearing at 2:22 p.m. in order to hear comments regarding a rural legacy conservation easement purchase. Eric Seifarth, Rural Preservation Administrator, and Holly Thibault, Land Preservation Planner, informed the Commissioners that the County received $1.8 million in FY 2007 from the Department of Natural Resources (DNR) for the Rural Legacy Program to purchase land preservation easements with significant agricultural, environmental and historic features. They requested authorization to purchase the easement rights for the Constance Thomas property using $852,461.20 from the DNR grant award. Mr. Seifarth reviewed the history of the property. He stated that DNR has identified the Thomas farm as favorable under the Green Infrastructure protections. The farm is 201.8 acres and is located on Solomons Valley Lane three miles from the Antietam National Battlefield Park. After hearing questions from the Commissioners, the meeting was opened for public comment. There was no one present who wished to comment. The hearing was closed at 2:35 p.m. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the purchase of a Rural Legacy Program conservation easement of the Constance Thomas property in the amount of $852,461.20 using State Rural Legacy grant funding as provided by the Department of Natural Resources. Unanimously approved. FEDERAL RANCH PROTECTION PROGRAM FUNDS Holly Thibault, Land Preservation Planner, requested approval of the Cooperative Agreement with the Natural Resources Conservation Services for matching funds of $372,781 to be used to purchase farmland preservation easements. She indicated that the County had previously utilized funds channeled through the Maryland Agricultural Land AUGUST 28, 2007 PAGE THREE Foundation, however, since the State decided not to participate in the Federal Ranch Protection Program, the County received these grant funds based on its own application. Eric Seifarth, Rural Preservation Administrator, reviewed how the evaluation was done on the selected property owned by Phyllis Barr. The County would match these funds with Agricultural Transfer Tax Funds. The meeting was then opened for questions and comments. Motion made by Commissioner Kercheval, seconded by Aleshire, to enter into a Cooperative Agreement with the Natural Resources Conservation Services to allow use of $372,781 in grant funding from the Federal Farmland Ranch Protection Program for the purchase of farmland preservation easements. Unanimously approved. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the ranking of the pending conservation easement and the offer to purchase the first priority property owned by Phyllis Barr for the easement value of $372,781 using County Agricultural Transfer Tax Funds and matching Federal Farmland Ranch protection Program funds. Unanimously approved. REQUEST FOR FUNDING – HAGERSTOWN ROUNDHOUSE MUSEUM Tom Riford, Executive Director of the Hagerstown-Washington County Convention and Visitors Bureau; Blaine Snyder, Chair of the Board of Directors of the Hagerstown Roundhouse Museum; and William Knode, member of the Board of Directors, appeared before the Commissioners to request that $10,000 from the special projects fund of the hotel rental tax be donated to the Roundhouse Museum. Mr. Knode explained that, due to regulation changes by CSX, it is not possible for the Museum to hold its excursion train fundraiser. Mr. Knode stated that the amount requested is equivalent to what they are losing from the fundraising effort. He indicated that the funds would be used for operations, insurance, and utility costs. The meeting was then opened for questions from the Commissioners. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve providing $5,000 from the hotel rental tax special project funds to the Hagerstown Roundhouse Museum. Motion carried with Commissioners Kercheval, Aleshire, Baker, and Barr voting “AYE” and Commissioner Wivell “ABSTAINING.” REZONING MAP AMENDMENT RZ-07-003 (HAROLD WALTER & DONALD TOLLEFSON Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the rezoning case with the hope that they will reach a consensus. He would then develop findings of fact and articulation of reasons for the decision, which would be brought back for final adoption at a future meeting. Jill Baker, Senior Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-07-003, as submitted by Harold Walter and Donald Tollefson, applicants, to rezone 40 acres of land located on the east side of Orchard Ridge Road, north of Millstone Circle near Hancock, from Environmental Conservation (EC) to Rural Business-New Floating Zone (RB-N) as heard at public hearing on June 11, 2007. Ms. Baker stated that the Planning Commission voted to recommend approval of the request, finding that application RZ-07-003 was consistent with the County’s Comprehensive Plan. She noted that the traditional rules of change or mistake do not apply to consideration of the floating zone. Mr. Downey reviewed the process for rezoning applications and stated that the criteria to be considered for deliberations in RB-N floating zone are: 1) That the proposed RB-N District is not within any designated growth area identified in the Washington County Comprehensive Plan; 2) That the proposed RB-N District has safe and usable road access on a road that meets the standards under the “Policy for Determining Adequacy of Existing Roads.” In addition, a traffic study may be required where the proposed business, activity, or facility generates 25 or more peak hour trips or where 40% of the estimated vehicle trips are anticipated to be commercial truck traffic; 3) That on-site issues relating to sewage disposal, water supply, stormwater management, flood plains, etc. can be AUGUST 28, 2007 PAGE FOUR adequately addressed; and 4) That the location of a RB-N District would not be incompatible with existing land uses, cultural or historic resources, or agricultural preservation efforts in the vicinity of the site. The meeting was opened for questions of the staff. Each Commissioner commented on the case. Commissioner Aleshire stated that it is his belief that what is being proposed does not appear to be a campground but is a circumvention of zoning regulations to allow 80 units to be placed on this property. He stated that he also has issues with the intensity of water and sewer usage and safety issues and does not support the intensity of the use of the property being proposed. Commissioner Aleshire also cited line of sight issues with the existing road. Commissioner Kercheval stated that the only criterion that he feels the application meets is that the property is not in a designated growth area. He indicated that he has concerns with the number of sites being proposed and that they are permanent sites. Commissioner Kercheval stated that he is concerned with sewer issues and compatibility issues with the adjoining property. Commissioner Wivell indicated that he visited the site and does not feel that the parcel is suited for the requested purpose. Commissioner Baker expressed concerns about the impervious surfaces involved and the environmental effects. It was the consensus of the Commissioners to deny the proposed rezoning. Mr. Downey stated that he would prepare the findings of fact and bring them back for the Commissioners’ formal decision. PLACEMENT OF EXCESS WORKERS COMPENSATION INSURANCE Becky Maginnis, Risk Management Administrator, met with the Commissioners to recommend the renewal of the placement of excess workers compensation insurance with Midwest Employers Casualty Company for a premium of $104,861 in 2007-2008. Ms. Maginnis informed the Commissioners that the County’s insurance and risk management consultant has aggressively marketed the County’s excess workers compensation insurance program. She stated the County is presently self-insured for the first $500,000 and, if any claim reaches this cap, then the excess carrier is responsible for any additional costs for the claim. Ms. Maginnis explained that, although Midwest Employers Casualty Company was the higher of the two responding carriers, it has a higher Best Rating indicating greater financial stability and has a longer history in the workers compensation market. The low quote for a premium of $92,699 was provided by Midlands Management/NYMG. The Commissioners discussed the recommendation. Motion made by Commissioner Wivell, seconded by Baker, to award the County’s excess workers compensation insurance coverage to Midlands Management/NYMG for a 2007-2008 premium amount of $92,699. Motion carried with Commissioners Wivell, Baker, and Aleshire voting “AYE” and Commissioners Kercheval and Barr voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to convene in closed session at 3:54 p.m. to consult with counsel to obtain legal advice; discuss the appointment, employment, assignment, promotion, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discuss any other personnel matter that affects one or more specific individuals; and consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to reconvene in open session at 5:12 p.m. Unanimously approved. AUGUST 28, 2007 PAGE FIVE In closed session, the Commissioners consulted with counsel to obtain legal advice; discussed the appointment, employment, assignment, promotion and/or compensation of appointees, employees or officials over whom it has jurisdiction; considered the acquisition of real property for a public purpose and matters directly related thereto; and discussed personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were: Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Joe Kroboth, Director of Public Works; Zane Rowe, Supervisor of the Central Section, Highway Department; and Gary Rohrer, Director of Special Projects. APPOINTMENT – EXCISE TAX TASK FORCE Motion made by Commissioner Aleshire, seconded by Wivell, to appoint Randy Dick to the Excise Tax Task Force as recommended by the Municipal League. Unanimously approved. (Commissioner Kercheval did not participate in the vote.) REAPPOINTMENTS – ETHICS COMMISSION Motion made by Commissioner Aleshire, seconded by Baker, to reappoint John Venditta to the Ethics Commission for a three-year term and to waive the two-term limit policy and reappoint Dana Moylan for a three-year term. Unanimously approved. (Commissioner Kercheval did not participate in the vote.) ADJOURNMENT Motion made by Commissioner Wivell, seconded by Aleshire, to adjourn at 5:14 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk August 30, 2007 Hagerstown, Maryland A special session of the Board of County Commissioners of Washington County, Maryland was called to order at 5:20 p.m. by President John F. Barr with the following members present: James F. Kercheval and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 5:20 p.m. to discuss the appointment, employment, assignment, and/or compensation of appointees, employees, or officials over whom it has jurisdiction; and discuss a personnel matters that affects one or more specific individuals, 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 Wivell, to reconvene in open session at 6:10 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment and compensation of appointees, employees or officials over whom it has jurisdiction and discussed a personnel matter that affects one or more specific individuals. Present during closed session were Commissioners John F. Barr, James F. Kercheval, and William J. Wivell. Also present at various times were: Gregory Murray, County Administrator and a candidate for employment. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Aleshire, to adjourn at 5:14 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk