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HomeMy WebLinkAbout071002 October 2, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:39 a.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 – SEPTEMBER 11, 17, 18 & 25, 2007 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of September 11, 17, 18 & 25, 2007, with revisions. The motion carried with Commissioners Aleshire, Kercheval, Baker and Barr voting “AYE” and Commissioner Wivell “ABSTAINING.” COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker reported on the Community Action Council meeting. Commissioner Wivell reported on the Water Quality Advisory Commission meeting. Commissioner Kercheval stated that he attended the Wormburner event sponsored by the Economic Development Commission (EDC). He also reported on the Planning Commission meeting. Commissioner Kercheval asked them to forward to him any items that they would like to be considered by the lobbying coalition as soon as possible. Commissioner Aleshire indicated that he was unable to attend the Solid Waste Advisory Committee meeting. He reported on the Teen Pregnancy Prevention Coalition meeting. Commissioner Aleshire stated that he attended the refugee resettlement meeting and felt that information was not adequately conveyed on this subject and noted that accountability was one of the main issues with the program. Commissioner Barr reported on the refugee resettlement meeting and the Greater Hagerstown Committee meeting. He informed the Commissioners that he attended the Breast Cancer Awareness fundraiser, the Chamber of Commerce Annual Business meeting, the Business & Professional Women’s banquet, and the Mid-Atlantic Region of Arborists. DISABILITIES AWARENESS MONTH PROCLAMATION Commissioner Barr presented a proclamation to Sondra Funk, representing the Disabilities Advisory Committee, designating the month of October 2007 as Disabilities Awareness Month in Washington County. Ms. Funk was accompanied by her service dog, Bonnie. She thanked the Commissioners for their support and noted the activities scheduled throughout the month to promote disabilities awareness in the community. PROCLAMATION – CHARACTER COUNTS! MONTH Commissioner Barr presented a proclamation to Carolyn Brooks, Director of the Character Counts! Program, designating the month of October 2007 as “Character Counts! Month” and encouraging citizens, schools, businesses and government to support the program. The Board recognized the six pillars of character taught by the program: trustworthiness, respect, responsibility, fairness, caring, and citizenship. Ms. Brooks thanked the Commissioners for the proclamation and for their support of the program. She introduced Robert Petty, Executive Director of Maryland Municipal League, and informed the Commissioners that the Sheriff’s Department would be issuing “caught you doing things right” tickets during the month. BID AWARD – NEW AGRICULTURAL MUSEUM BUILDING Motion made by Commissioner Baker, seconded by Wivell, to award the contract for the new agriculture museum to Building Systems, Inc., which submitted the low responsive, responsible bid of $279,000 with funding as follows - $75,000 State funding, $125,000 in private contributions, and $100,000 in Gaming Commission funds. Motion carried with Commissioners OCTOBER 2, 2007 PAGE TWO Baker, Wivell, Aleshire, and Barr voting “AYE” and Commissioner Kercheval “ABSTAINING.” APPROVAL OF BUREAU OF JUSTICE ASSISTANCE GRANT Motion made by Commissioner Wivell, seconded by Kercheval, to approve the Washington County Sheriff’s Office/Hagerstown Police 2007-08 BJAG Grant (2007-DJ-BX- 0302) from the Bureau of Justice Assistance in the amount of $44,362, to be split evenly with the City of Hagerstown Police Department, to support a variety of law enforcement projects including the Fourth of July celebration at the Antietam Battlefield, traffic enforcement initiatives, crime prevention patrols, equipment purchases and emergency events. Unanimously approved. SEX OFFENDER COMPLIANCE ENFORCEMENT INITIATIVE – MONITORING SUPPORT Motion made by Commissioner Kercheval, seconded by Baker, to approve the Washington County Sheriff’s Office – Sex Offender Compliance Enforcement in Maryland Initiative – Monitoring Support grant from the Governor’s Office of Crime Control & prevention in the amount of $26,000 to hire a part-time office associate to act as Sex Offender Registrar and a part-time individual to act as Sex Offender Compliance Monitor to conduct address and employment verification checks. Unanimously approved. WATER QUALITY ADVISORY COMMISSION – GOALS AND OBJECTIVES Glenn Fishack and Ed Renn, members of the Water Quality Advisory Commission, appeared before the Commissioners to discuss the future goals and objectives of the Commission. Mr. Fishack stated that one of their concerns is the availability of resources in the event that the County would be unable to pump from the Potomac River. He discussed several possible alternatives including Fort Ritchie, Edgemont Reservoir, and water from the quarries in the County. Mr. Fishack also stated that the City also should plan for a back-up in the event of a catastrophic failure. The Commissioners discussed the charges to County residents using the City of Hagerstown’s water system and asked the Commissioners how to address this issue. Commissioner Wivell expressed concern that the City of Hagerstown did not have a revised Cost of Service study done when it recently increased the rates. He stated that they failed to calculate savings they realized when the inter-connector was brought on line. They also asked that the Commissioners provide objectives that they would like pursued. Commissioner Aleshire applauded their efforts to consider the use of quarries as a back-up supply source and asked that they continue to pursue it. Commissioner Wivell asked that the County Administrator draft a letter to the City outlining the details provided by the Advisory Commission and ask that the Mayor and Council reconsider the adopted rates for the flow transfer component. The Commissioners directed the Advisory Commission to work with the City to determine the true cost of service. The Commissioners discussed the appointment of a fifth member to the Commission. They asked the Advisory Commission to review the list of interested applicants and submit three names for the Commissioners’ consideration. REAPPOINTMENT – WATER QUALITY ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to waive the two-term limit policy and reappoint Scott Schubel to the Water Quality Advisory Commission for a three-year term. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to participate. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, informed the Commissioners that the settlement for the Phoenix Color Corporation property located at 101 Tandy Drive is scheduled for later today. . CHANGE ORDER – SHARPSBURG WATER TREATMENT PLANT Motion made by Commissioner Kercheval, seconded by Aleshire, to approve a change order in the amount of $121,383.26 with Callas Contractors to OCTOBER 2, 2007 PAGE THREE provide for additional storage, piping, window replacement, relocation of lab areas, and additional material to the exterior walls to the Sharpsburg Water Treatment Plant project, with funds to be taken from the budgeted contingency. Unanimously approved. REPORTS FROM COUNTY STAFF Stephanie Stone, Director of the Washington County Partnership for Children and Families (WCCP), informed the Commissioners that the Homelessness Task Force has applied for a grant from the Maryland Affordable Housing Trust in the amount of $56,127 for 13 transitional housing units. The WCCP would be the fiscal operators for the shelters for REACH, St. John’s Church, and the Community Action Council. She stated that no County funds would be appropriated for the shelters. Dee Hawbaker, Acting Human Resources Director, requested that the Commissioners approve advertising to fill two Equipment Operator I positions in the Highway Department. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve advertising to fill two (2) vacant Equipment Operator I positions at the Highway Department. Unanimously approved. TOWN OF SMITHSBURG ANNEXATION REQUEST (R-02-07) – CLOVERLY Mike Thompson, Director of Planning & Community Development, and Jill Baker, Senior Planner, informed the Commissioners of the public hearing held by the Smithsburg Mayor and Council regarding the proposed Cloverly annexation. Ms. Baker stated that the Town is prepared to vote on the issue at its meeting this evening. She indicated that, since the zoning classification is substantially different than the current County zoning classification, the Commissioners would have to give their “express approval” for the annexation to be changed. Ms. Baker provided a summary of the public hearing held by the Town regarding the request. Commissioner Kercheval stated that he would agree to provide “express approval” if the Town supports the annexation. After discussion, it was the consensus to grant express approval for the request to annex the Cloverly development with the conditions that the request is approved by the Smithsburg Mayor and Council, that the Town’s Adequate Public Facilities Ordinance remains in place and remains substantially similar to the County’s APFO, that appropriate buffering is provided to the adjoining properties, reforestation is done on-site, and that a maximum of 92 homes are permitted. Commissioners Wivell and Baker stated that they were not in favor of granting express approval. BUDGET TRANSFER – COURT HOUSE PROJECT Motion made by Commissioner Kercheval, seconded by Aleshire, to approve a budget transfer of $27,101 to address security issues at the front doors of the Court House (Change Order #67). Unanimously approved. STATUS REPORT – GEORGE W. COMSTOCK CENTER FOR PUBLIC HEALTH RESEARCH AND PREVENTION – JOHNS HOPKINS CENTER Sandra Hoffman, Assistant Director of the George W. Comstock Center for Public Health Research and Prevention, and Pat Crowley, Study Coordinator, appeared before the Commissioners to provide an update on the research activities at the Center. Ms. Hoffman reviewed the history of public health in Washington County, which began in 1921. She stated that the Center is part of a unique partnership with the local health department. Ms. Crowley reviewed studies done in collaboration with the Washington County Health Department and those that are ongoing in addition to the major research activities at the center. She provided a 14-page list of publications from studies that have been performed through the Comstock Center for Public Health Research and Prevention between 1966 and 2007. REPEAL OF EXISTING RESIDENTIAL, BUILDING, PLUMBING, MECHANICAL, AND FUEL GAS CODES WITH LOCAL AMENDMENTS AND ADOPTION OF 2006 RESIDENTIAL BUILDING, MECHANICAL, PLUMBING ELECTRICAL, ADMINISTRATION AND FUEL GAS CODES WITH LOCAL AMENDMENTS Daniel DiVito, Director of the Permits and Inspections Department, and Angela Smith, Deputy Director, met with the Commissioners to ask that OCTOBER 2, 2007 PAGE FOUR they consider the repeal and enactment of the following codes and fee schedule: 1) Repeal the 2003 International Plumbing Code, with local amendments and enact the 2006 International Plumbing Code, Second Printing, with local amendments; 2) Repeal the 2003 International Building Code, Fifth Printing, with local amendments and enact the 2006 International Building Code, First Printing, with local amendments; 3) Repeal the 2003 International Mechanical Code, First Printing, with local amendments and enact the 2006 International Mechanical Code, First Printing, with local amendments; 4) Repeal the 2003 Residential Code for One and Two-Family Dwellings, Fourth Printing, with local amendments and enact the 2006 International Residential Code for One- and Two-Family Dwellings, First Printing, with local amendments, 5) Adopt the 2006 International Fuel Gas Code, Second Printing, with local amendments; 6) Adopt the 2006 ICC Electrical Code – Administrative Provisions, First Printing, with local amendments; and 7) Adopt the 2007 Maryland Rehab Code. Mr. DiVito reviewed the changes and informed the Commissioners that the Maryland Codes Administration officially adopted the 2006 International Codes Council (ICC) Residential and Building Codes as the Maryland State Building Performance Standards as of July 1, 2007, and DLLR Plumbing and HVAC Commissions also adopted the relevant ICC codes update. He stated that the Permits and Inspections Department reactivated the Code Review Committee to review changes to the Codes and make recommendations. The Plumbing Board and Board of Examiners and Supervisors for Electricians also reviewed changes in their existing codes. The changes approved were presented to the building community at a seminar sponsored by the Home Builders Association. Mr. DiVito reviewed the process for adoption of codes and how they plan to inform the citizens of the changes. He stated that they undertake this process every three years to comply with the State Codes, take advantage of new technology and new materials; and provide an opportunity to work with the Home Builders Association and Contractors. The meeting was opened for questions from the Commissioners. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve scheduling a public hearing on the draft version of the code changes as presented to provide an opportunity for the public to comment. Motion carried with Commissioners Kercheval, Aleshire, Baker and Barr voting “AYE” and Commissioner Wivell voting “NO.” RECESS The Commissioners recessed at 12:16 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:13 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. ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) MITIGATION PROPOSAL – SHENANDOAH ESTATES Jason Divelbiss, counsel for the John R. Oliver Company, appeared before the Commissioners to request their approval of a mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO). Mr. Divelbiss stated that Shenandoah Estates is an eight-unit, single- family, residential subdivision located on Bakersville Road. Michael Thompson, Director of Planning & Community Development, stated that the request was forwarded to the Board of Education for comment. Their response indicates that they cannot recommend further enrollment growth in the feeder pattern from new residential growth. He stated that Fountain Rock Elementary, Springfield Middle, and Williamsport High School would serve the development, and both the elementary and high schools are over capacity. Mr. Thompson also stated that the recommendation of the Facilities and Enrollment Advisory Committee is that the development remains in the Fountain Rock attendance area, but that 131 students are to be shifted to the new Rockland Woods Elementary in 2008. He reviewed the June 2007 enrollment figures. OCTOBER 2, 2007 PAGE FIVE Mr. Divelbiss stated that the developer proposes to pay a mitigation fee of $10,261 in the event that the proposed redistricting does not result in adequate space at the elementary school for the three elementary school students generated by the development. The mitigation fee would be paid at the time the final plat is recorded for the development and the applicable excise tax paid at the time of permitting. The meeting was opened for questions and discussion. Commissioner Aleshire questioned the school capacity issues and the manner in which the excise tax revenues are attributed. He indicated that he is not in favor of piecemeal mitigation proposals. Commissioner Kercheval stated that the redistricting proposal should be approved within the next 30 days. He indicated that the September enrollment figures would then be available and he feels that the issue could be resolved after that time. After discussion, it was the consensus to review the matter after obtaining the September 30, 2007 enrollment figures. MEMORANDA OF UNDERSTANDING – STATE HIGHWAY ADMINISTRATION FOR US 40/EDGEWOOD DRIVE PROJECT Gary Rohrer, Director of Special Projects, met with the Commissioners to review Memoranda of Understanding (MOUs) with the State Highway Administration (SHA) regarding the U.S. 40/Edgewood Drive project. He stated that SHA requires execution of the MOUs before proceeding with the purchase of rights-of-way or advertisement for construction bids. Mr. Rohrer noted that the MOU includes the agreement by the SHA to waive the 8.2 percent overhead reimbursement for both right-of-way acquisition and construction. He indicated that the agreement contains SHA’s standard terms of agreement and asked the Commissioners to execute the MOUs to avoid further delays and added costs to the project. Mr. Rohrer stated that the City Engineer would be discussing this matter with the Mayor and Council at their meeting this evening. The meeting was opened for questions and discussion. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the Memoranda of Understanding with the Maryland State Highway Administration for the US Route 40/Edgewood Drive Project, and to authorize County Staff to make the final amendments as discussed, to also incorporating those from the City of Hagerstown. Unanimously approved. ADOPTION OF PROCEDURES FOR CIVIL CITATIONS – BUILDING CODES Dan DiVito, Director of the Permits & Inspections Department, met with the Commissioners to review the procedures for the issuance of civil citations for certain violations of the Washington County Building Codes. Mr. DiVito stated that the civil citations would only be issued for the following violations: 1) Work started without proper permit. 2) Stop work order (unlawful continuance). 3) Violation of unsafe structure posting. 4) Violation of a Certificate of Occupancy. The procedures were modeled after the zoning civil citation program. Mr. DiVito reviewed the procedures. He stated that staff met with representatives of the Washington County Home Builders Association to craft the language. Mr. DiVito stated that the goal is to have compliance with regulations, not to generate revenue. The meeting was opened for questions from the Commissioners. Commissioner Aleshire suggested that a time frame be included for the department to respond to the public. They agreed that a 10-day period would be sufficient for response. It was the consensus of the Commissioners to advertise the procedures for issuance of civil citations for certain violations of the Washington County Building Codes along with the public hearing for adoption of the 2006 building codes. ADOPTION OF 2007 BOARD OF COUNTY COMMISSIONERS GOALS Greg Murray, County Administrator, reviewed the revised 2007 Board of Commissioners Goals. They are: 1) Evaluate zoning classifications in the Urban and Town Growth Areas and adopt recommendations on appropriate uses and densities including potential transfer of development rights, development of new economic development related zoning designations, designations and allowable uses for educational sites such as Hagerstown OCTOBER 2, 2007 PAGE SIX Community College, and size of Growth Area boundaries. 2) Develop a long-range transportation plan identifying County needs for new or upgraded infrastructure required to support long-term growth management, and in cooperation with other local government initiatives. 3) Evaluate current Excise Tax Ordinance and adopt new fees and structure as appropriate for legislative action. 4) Develop a comprehensive coordinated process for oversight of the developmental process through evaluation of the Planning, Engineering, and Permits functions. 5) Complete update for the County Water and Sewer Plan. 6) Review current assets and future needs to adopt a long-term plan with regards to space requirements given the various departmental and outside agency locations and functions, and in accordance with a comprehensive strategy for efficient location of services. 7) Evaluate departmental structures and reorganize by discipline as necessary for maximum efficiency. 8) Implement automation of the capital budget process for FY 2009 to include external agency input and review. Include refined ranking descriptions related to Capital Improvement Program (CIP) budget. 9) Develop a process for review of salary/benefits on rolling schedule for budgetary purposes to include peer review of job descriptions and classifications, and recommendations for policy updates. 10) Implement procedures to allow for greater public accessibility to Board meetings. This includes scheduling evening venues and providing remote accessibility to routine scheduled meetings. 11) Evaluate, revise as necessary, and adopt the 2006 building codes. 12) Update the joint hearing process for review and approval of planning and zoning requests. 13) Develop and/or finalize comprehensive policies for interaction with Municipal governments that address issues for development adjacent to municipal boundaries, including issues specific to the City of Hagerstown’s Annexation Policy, and that address equity between County and City operations for purposes of tax setoff calculations. 14) Develop a comprehensive approach to the agricultural industry economic development marketing and support needs. 15) Evaluate the need and location for development of an active adult senior center. 16) Formalize an implementation method for the remainder of the Emergency Medical Services Master Plan, and provide a comprehensive evaluation of all areas of emergency services to ensure that efficient coverage is maintained and that proper funding is going to areas where service need is greatest. The Commissioners discussed the proposed goals and agreed to include several in the 2008 goals and to include adopting a consistent process by which to appoint board members and developing a Historic District Demolition Ordinance. Motion made by Commissioner Kercheval, seconded by Aleshire, to adopt the amended list of County Commissioners’ goals for 2007. Unanimously approved. (A copy of the approved list is attached.) CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Aleshire, to convene in closed session at 3:36 p.m. to discuss the appointment, employment, assignment, promotion, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and discuss other personnel matters that affect 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 Wivell, seconded by Aleshire, to reconvene in open session at 3:54 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; 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; and Julie Cade, Executive Office Assistant. OCTOBER 2, 2007 PAGE SEVEN ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Aleshire, to adjourn at 3:54 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk