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HomeMy WebLinkAbout080122 January 22, 2008 Hagerstown, Maryland The Commissioners met at 12:00 noon to attend a luncheon and ribbon-cutting ceremony for the official grand opening of Homewood Suites by Hilton off of Railway Lane. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 1:30 p.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, Commissioner Kristin B. Aleshire, James F. Kercheval, and Commissioner William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Baker, to convene in closed session at 1:45 p.m. to consult with staff, consultants, or other individuals about pending or potential litigation; to consult with counsel to obtain legal advice; to discuss the appointment, employment, assignment and/or compensation of appointees, employees or officials over whom it has jurisdiction; and to discuss 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 2:07 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment and/or compensation of appointees, employees or officials over whom it has jurisdiction; personnel matters that affect one or more specific individuals; consulted with staff, consultants, or other individuals about pending or potential litigation; and consulted with counsel to obtain legal advice. 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; Joni Bittner, County Clerk; Joe Kroboth, Director of Public Works; Andrew Wilkinson, Assistant County Attorney; and Terry McGee, Chief Engineer. PLAN APPROVAL PROCESS COMMITTEE UPDATE, MISSION & RECOMMENDATIONS Donald Bowman, Chair of the Plan Approval Process Committee, and Trey Alter, Alternate Chair, met with the Commissioners to provide an update on the Committee’s activities. Mr. Bowman stated that the Committee began meeting in August 2007 to review the County’s plan approval process. He indicated that they met with various County department heads performing these tasks and then developed a list of recommendations for the Commissioners’ consideration and possible options to correct the issues. He introduced members of the Committee who were in attendance. Mr. Bowman outlined the following recommendations being presented by the Committee: 1) Complete for distribution by October 2008, and perform annual reviews/updates of new Construction and Traffic Standards by Division of Public Works and Environmental Management, including an appeal process/procedure to rule either (a) misinterpretation of policy, procedure or ordinance; (b) policy, procedure or ordinance doesn’t apply; or (c) an alternate means of construction meets the intent of the policy, procedure or ordinance. This appeal process/procedure would not allow for authority to waive requirements of policy, procedure, or ordinance. 2) Establish time limits for all departments for submittal review, comments, review and approval, and hold departments accountable for these time frames. 3) Implement Customer Service Survey for the Permits/Inspection Process and the Planning/Review Process, with processed data going to Department Heads, raw data available if wanted, and a “critical button” sending information to one individual or location. 4) One individual/authority should be responsible and accountable for tracking projects and guiding them through the approval process. Discussion centered on this duty being given to the planner assigned to the project. 5) Require all departments involved in the plan review process to use the Permits system “Velocity Hall” for tracking projects and publishing comments. 6) Compile a comprehensive checklist for initial plan review and permit submittal screening, inclusive of all JANUARY 22, 2008 PAGE TWO County department requirements. 7) Hire a Traffic Engineer/Planner to specifically assist in and facilitate the traffic component of the plan review process. 8) A Plan Approval Process Committee should meet quarterly for standards development updates. The meeting was then opened for questions and discussion of the recommendations. Greg Murray, County Administrator, stated that the staff is considering the use of software that would generate a triggering mechanism to show what agency is delinquent in commenting on an application. It would be available to both the reviewing agencies and the applicant. Commissioner Aleshire stated that he is comfortable with Numbers 2, 4, and 5. He noted that although the Commissioners can hold County staff accountable for deadlines, they would not have the same degree of control over State agencies. Dan DiVito, Director of Permits & Inspections, indicated that they hope to get a reasonable expectation from these agencies of a time limit to use as a deadline. Commissioner Barr thanked the Committee members for their participation and the time and interest they have invested in the process. The Commissioners stated that they would request staff to review the recommendations and report back to them. CITY OF HAGERSTOWN ANNEXATION REQUEST (A07-06) – HAVEN ROAD II PROPERTY Michael Thompson, Director of Planning, met with the Commissioners to review annexation request A07-06 from the City of Hagerstown. Mr. Thompson stated that the property previously went through the annexation process and was approved by both the City and County in 2005; however, the City discovered that a small enclave was created, which is not permitted in Article 23A, Section 19(a)(2) of the Annotated Code of Maryland. He indicated that in order for the enclave to be eliminated, a portion of the right-of-way for Haven Road would remain in the County. Staff is recommending that an agreement for snow removal and maintenance be executed to address this situation. The property is on Haven Road located west of Pennsylvania Avenue and is consistent with the existing County zoning and “express approval” for the development of the property is not necessary. Mr. Thompson stated that the property is currently zoned RM-Residential Multi-family and the proposed zoning would be R-3, which is consistent with RM and is a reduction from the density permitted in that designation. The applicant is proposing a development with a total of 376 dwelling units consisting of single-family detached, two-family dwellings, and/or townhouse units. Mr. Thompson indicated that the County Commissioners forwarded concerns on two issues in their 2005 review. The concerns were for school capacity issues and roads and traffic patterns in the area. He stated that school capacity is still a concern since the schools serving the development are over or near capacity. The meeting was opened for questions. Mr. Thompson stated that he would forward the staff’s comments to the City recommending compliance with the APFO and phasing schedules, that an examination of road and traffic be performed in the development review process, that the need exists to develop a maintenance agreement with the County for the portion of Haven Road that remains in the County, that adequate right-of-way be designated for potential I-81 improvements, and that improvements to Crestwood Drive be at the developer’s expense. REZONING MAP AMENDMENT RZ-07-005 – FREDERICK SEIBERT ASSOCIATES (WALTER LAWSON) 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. Michael Thompson, Director of Planning & Community Development, and Jill Baker, Senior Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-07-005, as submitted by applicant Frederick, Seibert & Associates and property owner Walter Lawson to rezone 9.42 acres of land located at 21023 Keadle Road, Boonsboro from JANUARY 22, 2008 PAGE THREE RB-E Rural Business Existing to EC – Environmental Conservation. Ms. Baker stated that the Planning Commission voted to recommend approval of the request based on a mistake in the original rezoning; finding that application RZ-07-005 was consistent with the County’s Comprehensive Plan. The meeting was opened for questions of the staff. Commissioner Aleshire indicated that he does not feel there was a mistake in the zoning and that the properties should still be zoned RB-E. He stated that he is concerned that it could set a precedent. Mr. Downey advised him that each application is judged on its own merits and is not precedent-setting. Commissioner Kercheval stated that he agrees with the Planning Commission findings based on a mistake in the original zoning, consideration of family testimony that was received at the public hearing, and that the property is served with a private well and on-site septic system. He also stated that he believes the County erred in assuming that the property owner wanted the land zoned rural business when only a small part of property should have been zoned for business. Commissioner Kercheval noted that there was no public opposition to the requested rezoning, the property is classified in the Environmental Conservation land use policy area, and is consistent with the Comprehensive Plan. Mr. Downey stated that the Commissioners may want, at some time in the future, to consider looking at the classification and changing it to a floating zone that could be lifted if a business is no longer in existence. It was the consensus of the Commissioners to approve rezoning request RZ- 07-005. SOLE SOURCE CONTRACT – BOX-AREA AUTOMATED RUN CARD BUILDER “BARB” SOFTWARE – DEPARTMENT OF EMERGENCY SERVICES Motion made by Commissioner Wivell, seconded by Baker, to award the contract for the purchase of a Box-Area Automated Run Card Builder “BARB” Software for the Division of Fire & Emergency Services from Deccan International in the amount of $53,477. The award is a sole source procurement based on Section 1- Code of the Public Local Laws of Washington 106.2(a)(1) of the County, Maryland. Unanimously approved. RESOLUTION - ANNUAL PUBLIC TRANSPORTATION GRANT FUNDING APPLICATION – FY 2009 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the resolution authorizing the submission of the Public Transportation Grant application for FY 2009 to the Maryland Transit Administration in the amount of $450,000 for the Urban Transportation Program, $28,010 for ADA Paratransit, and Capital Procurements to operate authorized transportation programs within Washington County for operational and capital funding and to approve the required local match. Unanimously approved. FISCAL YEAR 2009 MEMORANDUM OF AGREEMENT – SUBSCRIPTION EMPLOYMENT TRANSPORTATION (JOBS PROGRAM) Motion made by Commissioner Kercheval, seconded by Baker, to approve the Intergovernmental Grant Agreement between the Maryland Department of Human Resources, the Washington County Department of Social Services and the County, to provide for continued transportation services under the Subscription Employment Transportation Program (JOBS Program) for fiscal year 2009, as outlined in the Inter-Governmental Agreement. Unanimously approved. RECESS The Commissioners recessed at 3:50 p.m. EVENING SESSION – TOWN OF CLEAR SPRING The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 7:00 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. JANUARY 22, 2008 PAGE FOUR 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 – JANUARY 15, 2008 Motion made by Commissioner Baker, seconded by Aleshire, to approve the minutes of January 15, 2008 with corrections. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker thanked the Town of Clear Spring for hosting the meeting. He noted that he is a proponent of holding evening meetings. Commissioner Baker stated that he attended a fundraising event for Hagerstown Community College (HCC) athletic programs and attended the Hancock Chamber of Commerce meeting. He asked that a meeting be scheduled with the mayors of the municipalities regarding an equitable formula for revenue sharing and possible ways to assist the smaller municipalities with health care insurance. Commissioner Aleshire informed the Commissioners that he attended a meeting on traffic issues at the Smithsburg school complex. He stated that he attempts to attend two municipal meetings each month and that he plans to attend Clear Spring’s meeting in April, August, and December. Commissioner Aleshire noted that he received two complaints about the Humane Society from citizens. He also received a telephone call from the Mayor of Keedysville regarding his concerns on the Board of Education’s redistricting plan. Commissioner Aleshire pointed The Herald Mail out that two recent articles in were misleading – one in regard to the proposed Home Rule Charter and the other regarding State spending for law enforcement. Commissioner Kercheval reported on the meetings of the Public Golf Corporation and the Local Management Board. He stated that he met with Board of Education member Donna Brightman regarding future developments in the south County area. Commissioner Kercheval inquired about the State of the County presentation and asked Greg Murray, County Administrator, for an update on the presentation. He stated that he would like the Commissioners to have more input regarding the content of the presentation next year. Commissioner Kercheval briefly discussed some of the mandates from the State with regard to the water resources element that is required in the Comprehensive Plan. Commissioner Barr reported on meetings of the Transportation Advisory Committee and the Agricultural Education Center Board of Directors. He stated that he attended the Airport’s planning retreat and the installation of officers for the Commission on Aging. Commissioner Barr noted that the Community Foundation has agreed to help the United Way campaign meet its goal. He informed the Commissioners that he attended the annual banquets of the Clear Spring Volunteer Fire Company and the Williamsport Volunteer Fire Company. Commissioner Barr stated that he also attended a reception for the PenMar Development Corporation and Corporate Offices Property Trust and the Martin Luther King Day celebration at Hagerstown Community College. CITIZENS’ PARTICIPATION Mayor Hose thanked the Commissioners for coming and for what they have done for the Town of Clear Spring. Terry and Teresa Neuschaefer requested an update on the status of the rezoning request for the quarry owned by Martin Marietta in the Pinesburg area. Commissioner Kercheval reminded those in attendance that the Commissioners will be unable to consider any comments made during Citizens Participation in their deliberation of Rezoning Application RZ-07-007 and will also be unable to interact with the citizens on this matter, as the record was closed at the conclusion of the public hearing. He outlined the process currently used in rezoning cases and stated that the Commissioners have revised the procedure to allow the record to remain open for a longer period of time. JANUARY 22, 2008 PAGE FIVE Betty Shank expressed concerns with the current rezoning process and stated that there should be additional time for citizen input. She asked for information on the Planning Commission’s recommendation to approve the rezoning request. Ms. Shank informed the Commissioners that she wrote a letter to the State Highway Administration (SHA) regarding traffic problems near Huyett’s Crossroads and asked that they consider placing directional arrows on the pavement. Joe Kroboth, Director of Public Works, informed Ms. Shank that the SHA has made a policy decision against placing arrows on pavement of State roads. Steve Blickenstaff, Vice-Mayor for the Town of Clear Spring, thanked the Commissioners for holding their meeting in Clear Spring. John Bowman expressed his dissatisfaction with the process used to tar and chip a section of Broadfording Road. Mr. Kroboth explained the chip/seal process used to treat the road and the reasons why it was chosen for this roadway. SUBMISSION OF NAMES – PROPERTY TAX ASSESSMENT APPEALS BOARD Motion made by Commissioner Aleshire, seconded by Kercheval, to forward the names of Fred Kramer, Christopher McClain, and Richard Reynolds to the State Secretary of Appointments for consideration to fill the vacancy on the Property Tax Assessment Appeals Board. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, informed the Commissioners that the FY 2009 Operating Budget requests were due last week. He reminded the Commissioners that the State of the County presentation is scheduled for February 5. He also noted that a trip to Annapolis to meet with the Washington County Delegation to the General Assembly is planned for February 6. Mr. Murray stated that the Greater Hagerstown Committee and Chamber of Commerce have planned a meeting in Annapolis on February 20 for lobbying efforts. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Public Works, provided an update on the installation of a traffic signal on Maugans Avenue. Commissioner Kercheval expressed concern that the lane markings on Maugans Avenue are unclear. Mr. Kroboth agreed to check into this matter. Mike Thompson, Director of Planning & Community Development, informed the Commissioners that he is scheduled on their February 12 agenda to discuss House Bill 2 regarding the Comprehensive Plan. He stated that there was a meeting last week with municipalities regarding the water resource element that is now required by the State. Mr. Thompson stated that they would be receiving the final TDR report in the near future. ADOPTION OF STUDENT GENERATION RATES FOR SUBDIVISIONS Motion made by Commissioner Aleshire, seconded by Kercheval, to adopt the following student generation rates for subdivisions as proposed by the Board of Education for calculations for student projections: Single-Family: Average .74 per household (elementary - .38, middle - .16, and high school - .20); Town House: Average .33 per household (elementary - .21, middle - .05, and high school - .07); and Multi-Family: Average .20 per household (elementary - .09, middle - .04, and high school - .07). Unanimously approved. The Commissioners recognized several Boy Scouts and Eagle Scouts who were in attendance. ADJOURNMENT Motion made by Commissioner Baker, seconded by Aleshire, to adjourn at 8:30 p.m. Unanimously approved. _____________________________ County Administrator JANUARY 22, 2008 PAGE SIX ___________________________ County Attorney ________________________ County Clerk