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HomeMy WebLinkAbout070925 September 25, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 1:00 p.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire; and James F. Kercheval. Commissioner Wivell was absent from the meeting. DISCUSSION OF SECURITY SYSTEM FALSE ALARM ORDINANCE In follow up to the public hearing that was held on September 11, 2007 regarding the adoption of a Security System False Alarm Ordinance, Andrew Wilkinson, Assistant County Attorney, reviewed changes made to the proposed Ordinance at the request of the Commissioners. He also provided a fee schedule for consideration. Sheriff Mullendore provided statistics and stated that the Ordinance is an attempt to reduce the toll on the Sheriff’s Deputies in responding to false alarms. Mr. Wilkinson noted that the Ordinance targets those abusing the system. Commissioner Baker questioned the necessity of the Ordinance and stated that he feels it is just another “tax.” Assistant County Attorney Andrew Wilkinson stated that what is proposed is not a “tax” but only a fee. Commissioner Aleshire thanked staff for the comparison they provided to the City’s false alarm ordinance and indicated that he is fine with the fee and enforcement mechanism. He suggested that a consolidated ordinance should be created with the City of Hagerstown and other participating municipalities and enforced through the joint emergency communication system. Commissioner Aleshire also proposed a one-time residential registration fee, as opposed to an annual fee, that is consistent with other municipalities in the County if they choose to adopt it. Commissioner Kercheval stated that he would only support a one-time registration fee, the same for both business and residential users. He supported the recommendation that there be no fee for the first two annual occurrences to allow the property owner time to repair any system malfunctions, but to increase penalties for any occurrences after that time. Commissioner Kercheval asked if the fee could be included on the property tax bill and only be billed once a year to lessen the overhead needed to maintain a system with constant billing throughout the year. City of Hagerstown Police Chief Art Smith stated that he is in favor of developing a consolidated agreement and would recommend it to the Mayor and City Council. Sheriff Mullendore also supported a consolidated agreement with the City. It was the consensus of the Commissioners to have the Sheriff’s Department and County staff work with the City Police Department to develop a revised false alarm ordinance that would be adopted during the consolidation of emergency services agencies. CONSOLIDATED EMERGENCY COMMUNICATIONS INITIATIVE John Latimer, IV, Director of the Division of Fire & Emergency Services; Sheriff Doug Mullendore; and Chief Art Smith, Hagerstown Police Department, met with the Commissioners to request assistance at the policy-making level with the consolidation of the emergency communications operations in Washington County by appointing a representative to this governance committee. Mr. Latimer stated that their efforts to consolidate emergency communications at the Elliott Parkway facility will affect multiple agencies and political subdivisions and they feel a policy-level committee would keep abreast of issues and any decisions that would be required in the future. They stated that they envision a Committee consisting of representatives from the County Commissioners, City Council, County Administrator, City Administrator, and Sheriff. Mr. Latimer stated that a complete update on the consolidation initiative would be made to the Commissioners in the future. The meeting was opened for questions and discussion with the Commissioners. Chief Smith stated that Councilmember Penny Nigh has agreed to serve as the City’s representative. It was the consensuses of the Commissioners to have a member serve on this committee, and they agreed to decide whom in the near future. CONTRACT AWARD – CAPITAL BUDGET PREPARATION SOFTWARE & IMPLEMENTATION SERVICES SEPTEMBER 25, 2007 PAGE TWO Motion made by Commissioner Kercheval, seconded by Aleshire, to award the contract for Capital Budget Preparation Software & Implementation Services to Questica, Inc., which submitted the low responsive, responsible proposal of $65,505 for the Total Cost During the Project Period and $21,430 for two-years product maintenance and support services for a total amount of $86,935, contingent upon the approval of the final Software License Agreement and the Statement of Work by the staff and County Attorney’s Office. Unanimously approved. OVERLAPPING COMPREHENSIVE PLAN LAND USE CLASSIFICATIONS IN THE URBAN GROWTH AREA Stephen Goodrich, Chief Planner, Department of Planning & Community Development, appeared before the Commissioners to discuss overlapping Comprehensive Plan land use classifications in the Urban Growth area in the County and City of Hagerstown. Mr. Goodrich stated that there are differences in the proposed land use categories in the draft of Hagerstown’s Comprehensive Plan and the County’s adopted Comprehensive Plan. Mr. Goodrich informed the Commissioners that the Planning staff reviewed the draft and discovered distinct differences between the land use classifications that the County has assigned to some parcels in the Growth Area and what is being proposed by the City. However, during meetings with the City Planning Staff regarding the inconsistencies, it was determined that there are actually only eight properties still in question. All of these parcels are proposed to have the Business Employment classification assigned by the City. He indicated that these parcels have been assigned land use classifications by the City because they are in an area where annexation is possible in a twenty-year timeframe. Mr. Goodrich reminded the Commissioners that where there is a significant difference between the categories, the County must give its “express approval” to new zoning assigned by the City when and if annexation is requested. If the County does not give this approval, then any development on the land within five years of the annexation must comply with the former County designation. Mr. Goodrich indicated that the issue could be resolved in several ways: A) One jurisdiction or the other could change their land use maps to be consistent with the other. B) The staffs and Planning Commissions could work together to align the designations for all or most of the identified sites. C) The differences could be addressed one at a time when annexation proposals are available, to help determine if “express approval” is appropriate. The City is about to start its public hearing process and would have an opportunity to make changes prior to its adoption. Mr. Goodrich recommended that the County send a letter acknowledging the differences in the classifications. He stated that they could be reviewed during a comprehensive update for the Urban Growth Area, or on a case-by-case basis when and if annexation is proposed for that parcel. Kathleen Maher, City Planning Director, and Doug Wright, Chair of City Planning Department, were in attendance. The meeting was then opened for discussion with the Commissioners. They directed Mr. Goodrich to update the chart showing each parcel in question with the City’s comments and bring it back for their review. Ms. Maher stated that the City Planning Commission will review the plan this week. EMERGENCY MEDICAL SERVICES (EMS) MEDICAL DIRECTOR CONTRACT - CONSIDERATION John Latimer, Director of Fire & Emergency Services, asked the Commissioners to approve renewal of the annual EMS Medical Director contract that was originally presented at the September 18, 2007 meeting. Mr. Latimer provided additional information that the Commissioners requested and stated that there were 282 work hours for medical director. He also provided an update on the type of duties he performed. After discussion, the Commissioners agreed to table a decision until next week to allow Commissioner Wivell time to review the information. SEPTEMBER 25, 2007 PAGE THREE REVISED 2007 COUNTY GOALS Greg Murray, County Administrator, distributed copies of the revisions made to the 2007 County Goals for their review. Mr. Murray indicated that he would schedule time on the agenda for formal adoption. PERMISSION TO FILL POSITION – GRANTS ADMINISTRATOR Motion made by Commissioner Kercheval, seconded by Aleshire, to authorize advertising to fill the vacant Grants Administrator position in the Budget and Finance Department. Unanimously approved. COMMISSIONER REPORTS AND COMMENTS Commissioner Aleshire provided his report since he is unable to attend the evening session. He stated that he attended the Hancock Town Parade, the informational meeting on refugee resettlement, and the International Day of Peace ceremony. Commissioner Aleshire informed the Commissioners that he met with residents of Partridge Trail regarding their concerns about the Robinwood North project. He stated that he participated in the Antietam Creek clean-up day and provided pictures and information on the results. Commissioner Aleshire indicated that he attended the Hagerstown Suns Chili Cook-off and the Girls County Soccer Championships. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 3:17 p.m. to 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; consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consult with counsel to obtain legal advice, 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 Aleshire, seconded by Kercheval, to reconvene in open session at 3:45 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, promotion and/or compensation of appointees, employees or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, and James F. Kercheval. Also present at various times were: Gregory Murray, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission; and Dee Hawbaker, Acting Director of Human Resources. APPROVAL – DEPUTY DIRECTOR OF THE ECONOMIC DEVELOPMENT COMMISSION (EDC) AND MARKETING SPECIALIST POSITION Motion made by Commissioner Kercheval, seconded by Aleshire, to promote Robin Ferree to fill the position of Deputy Director of the Economic Development Commission (Grade 16) and to approve the recommendation to reorganize the department by reclassifying the Business Development Specialist position (Grade 15) to a Marketing Specialist (Grade 13) and to approve advertising to fill the position. Commissioner Kercheval amended the Main Motion to direct that any savings from the salary reorganization be applied to the FY 2008 EDC marketing budget. Commissioner Aleshire agreed to second the amendment to the main motion, and it was unanimously approved. RECESS The Commissioners recessed at 3:48 p.m. EVENING SESSION – TOWN OF SMITHSBURG The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 7:00 p.m. at the Smithsburg Town SEPTEMBER 25, 2007 PAGE FOUR Hall by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioner James F. Kercheval. Commissioners Aleshire and Wivell were absent from the meeting. 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker reported on the Maryland Municipal League (MML) meeting and the forum on refugee resettlement. He thanked the Town of Smithsburg for hosting the meeting. Commissioner Kercheval reported on meetings of the Metropolitan Planning Organization and Local Management Board. He informed the Commissioners that he and several County staff members met with Deputy Secretary Robert Summers and staff of the Maryland Department of the Environment as well as staff from the Maryland Department of Planning to discuss the effect of new environmental initiatives with the County’s long-term planning policies. This meeting was the result of a discussion that was held at the MACo conference regarding future sewer capacity issues. Commissioner Barr stated that he attended the public information meeting on refugee resettlement. He reported on the meeting of the Transportation Advisory Committee. Commissioner Barr informed the Commissioners that the Airport Advisory Committee meeting had been cancelled. He also reported on a groundbreaking ceremony for the new community center at Fort Ritchie. DISCUSSION ITEMS WITH SMITHSBURG MAYOR AND COUNCIL Smithsburg Mayor Mildred “Mickey” Myers welcomed the Commissioners to Smithsburg. She stated that she hopes they can hold additional informal workshop-type meetings with the Mayor and Council throughout the year. Mayor Myers thanked the Commissioners for their assistance with the new Smithsburg Branch Library. She informed the Commissioners that the Town was planning to adopt the County’s Livability Code; however, they did not wish to adopt the section on “Displacement.” They were told that County staff would not enforce the Code in the Town if it was not adopted in its entirety. The Commissioners agreed to research this matter. Sheriff Mullendore informed Mayor Myers that a meeting would be scheduled in the near future to include representatives from the Town, County, State, and Board of Education regarding the entrance at the school complex. Councilman Martin asked about the status of the rezoning case for property at the intersection of Routes 66 and 64. Commissioner Kercheval informed him that it was withdrawn and they have not received another application for the property. Councilman Martin commented on the number of accidents that have occurred on Rt. 64 between its intersections with Route 77 and 66. He also had questions regarding the schedule for the upgrades to the sewer treatment plant and the need to expand recycling programs in the County. Councilman Chiarizia expressed concerns about the ability of the Town to provide services to citizens if development occurs within the Town growth area and asked what the County would do to assist them with their resources. CITIZENS’ PARTICIPATION Kenneth Duncan stated that he feels the County’s Livability Code is not stringent enough and cited a property near his home that is in disrepair. The Commissioners asked for additional information and agreed that they would have an inspector from the Permits & Inspections Department review the matter. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, thanked the Mayor and Council for having the meeting at Town Hall. Mr. Murray brought apologies from Commissioners Aleshire and Wivell who were out of town on business. He informed those in attendance that the County would be appointing an SEPTEMBER 25, 2007 PAGE FIVE Agricultural Marketing Advisory Committee in the near future and asked that anyone interested in serving submit their names for consideration. Mr. Murray stated that Senators Mikulski and Cardin assisted in attaining $35,000 in Homeland Security grant funds for upgrades to the Smithsburg EMS facility. The Commissioners agreed to send a letter of appreciation to both Senators. Mr. Murray asked the Town to send them a list of any legislative priorities which they would like the County to consider supporting in their presentation to the Local Delegation to the General Assembly. Sheriff Mullendore stated that he is available to discuss any issues the Town may want to discuss with him. TOWN OF SMITHSBURG ANNEXATION REQUEST (R-01-07) – JOHN SMITH Michael Thompson, Director of Planning & Community Development, reviewed the annexation request from the Town of Smithsburg for property owned by John Smith for a 2.38 acre parcel located northwest of the current municipal boundary. The property is currently zoned Rural Residential (RR), and the applicant is requesting Suburban Residential (SR). Mr. Thompson stated that, based on the information provided and a review of the proposed zoning, the Planning staff believes the requested zoning is consistent with the existing County zoning. The meeting was then opened for discussion with the Commissioners. It was the consensus of the Commissioners that the annexation is consistent with the existing County zoning classification and no action is necessary since it does not require “express approval.” TOWN OF SMITHSBURG ANNEXATION REQUEST (R-02-07) – CLOVERLY Michael Thompson, Director of Planning & Community Development, reviewed the annexation request from the Town of Smithsburg for the “Cloverly” property. The applicant is requesting annexation into the Town of Smithsburg of a 62.27 acre tract located adjacent to the eastern boundary of the current municipality, which includes a portion of the right-of-way of South Main Street. The property is currently zoned Agricultural Rural (AR) and Environmental Conservation (EC), and the applicant is requesting Town Residential (TR) zoning for the tract. Mr. Thompson stated that the Planning Commission voted to recommend that the proposed zoning is not consistent with the current County zoning and is not consistent with the County Comprehensive Plan regarding land use. The Commission also voted to recommend denial for granting “express approval.” Mr. Thompson indicated single-family development is a permitted use under both the proposed town zoning and the county zoning classification; however, the density of the town zoning is the issue. Mr. Thompson provided background information regarding the request. He indicated that this property was the subject of a series of requests in 2005 including a Comprehensive Plan change, a rezoning request, and an amendment to the Water and Sewer Master Plan. At that time, the Planning Commission voted to recommend denial of the requests. Daniel Cross, applicant, made a presentation to the Commissioners regarding the changes that were made to the design of the development to make it more compatible with the Town density. Scott Miller, attorney for the applicant, noted points that should be considered during deliberations. Mayor Myers stated that the Town’s public hearing on the annexation is scheduled for tomorrow night. She asked that the County provide its comments and whether it is willing to grant “express approval” to the Town for consideration prior to their October 2, 2007 meeting. Councilman Martin stated that he is not in support of the annexation due to several issues including school capacity, road considerations, and sewer plant capacity. The meeting was opened for questions and comments. Commissioner Kercheval stated that he is not interested in granting “express approval” unless the Town is in support of the annexation. The Commissioners agreed to wait until after the scheduled public hearing to get a synopsis of the comments made there before making a decision. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Baker, to adjourn at 9:10 p.m. Unanimously approved. SEPTEMBER 25, 2007 PAGE SIX _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk