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HomeMy WebLinkAbout080311 March 11, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:45 a.m. by President John F. Barr with the following members present: Commissioners Kristin B. Aleshire and James F. Kercheval. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – MARCH 4, 2008 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of March 4, 2008. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Aleshire reported on meetings of the PenMar Development Corporation and Advisory Commission to the Board of Health. He suggested that the Commissioners schedule time after the budget is adopted to discuss whether there is duplication between some of the appointed boards and to provide direction to them. Commissioner Aleshire stated that he attended the Board of Education 2+2 Committee meeting and the public information meeting regarding proposed improvements to the bridge on East Oak Ridge Drive. He indicated that he also attended the Williamsport Mayor and Council meeting. Commissioner Aleshire informed the Commissioners that he is attempting to attend a meeting of each of the 27 fire and rescue companies in the County and hopes to provide a report on the needs of those companies. Commissioner Kercheval stated that he met with Sheriff Douglas Mullendore to discuss some of his concerns regarding budget items at the Detention Center. He informed the Commissioners that he met with the Citizens for the Protection of Washington County regarding excise tax issues and legislation. Commissioner Kercheval reported on the 2+2 Committee meeting rd with the City of Hagerstown. He noted that he read to a 3 grade class at Potomac Heights Elementary School for Dr. Seuss’ birthday. Commissioner Kercheval indicated that he participated in a conference call with the Department of Planning along with the County Administrator and Director of Environmental Management regarding their concerns on planning growth management under the current limitations on sewer capacity with nutrient loading requirements. He reported on the meeting of the Board of Education 2+2 Committee and distributed the draft of a flow chart outlining the planning process and the impact on education. Commissioner Kercheval relayed a request to the Commissioners from a local bicycle club asking that they cover the cost of overtime for Sheriff’s Deputies to work at the two- day “Tour of Washington County” event. He stated that the cost is estimated to be $1,470. (Commissioner Wivell arrived at 9:04 a.m.) Motion made by Commissioner Kercheval, seconded by Aleshire, to support the bicycling event “Tour of Washington County” by funding overtime for Sheriff’s Deputies in an amount up to $1,470 with funds to be taken from Hotel Rental Tax funds. Motion carried with Commissioners Kercheval, Aleshire, and Barr voting “AYE” and Commissioner Wivell “ABSTAINING.” Commissioner Barr reported that he attended the workforce development meeting with Governor O’Malley last Tuesday. He stated that Pete Thomas from the Western Maryland Consortium was commended for his years of dedicated service. Commissioner Barr stated that he attended the public information meeting regarding the bridge improvements on East Oak Ridge Drive and commended the County staff for their presentation. He stated that he met with Congressman Bartlett and individuals from the City of Hagerstown regarding various transportation issues and priorities. Commissioner Wivell reported on the Water Quality Advisory Committee meeting. NEW PERSONNEL REQUESTS William Sonnik, Director of Human Resources, presented the personnel requests for new positions for FY 2009. He stated that the Sheriff’s MARCH 11, 2008 PAGE TWO Office - Patrol has requested a Property, Planning, Fleet Manager/Grants Coordinator (Grade 10), Training & Accreditation Coordinator (Grade 9), and Sex Offender Register (Grade 8). Sheriff’s Department – Detention has requested 11 entry-level deputies and 10 entry-level deputies for Central Booking. Mr. Sonnik stated that the 911 Center is requesting 2 Emergency Communications Specialists (Grade 9) and Fire & Rescue is requesting 3 Advanced Life Support Technician II positions (Grade 11), 1 Assistant Chief (Grade 12), 9 Advanced Life Support Technician I positions (Grade 10); and 9 Basic Life Support Technician Positions (Grade 9). Staff was in attendance to clarify their requests and answer the Commissioners’ questions. Mr. Sonnik reviewed requests for new positions in other departments in the General Fund. Those being recommended are as follows: 3 Part-time Recreation Attendants for Parks & Recreation, one GIS Technician (Grade 9) for the Planning Department, and one Mechanic (Grade 9) for the Transit Department. The cost for the requested public safety positions total $2,990,990 and $254,410 for other positions for a combined total of $2,990,990 for both. Requests were also heard to increase overtime hours in the Planning Department and the part- time wages in Recreation. CITIZENS’ PARTICIPATION A group of business owners along East Oak Ridge Drive appeared before the Commissioners to request that they consider funding a temporary bridge or begin the bypass around Funkstown. They expressed their concerns about the loss of business they are estimating when the bridge is closed for rehabilitation. Those who spoke at this time included Steve Demmory, Jack Parkin, Nevin Spielman, and representatives from Shear Expressions. Matt Donegan, Bowman Development, stated that they would be opening an office complex in the East Oak Ridge Drive area and asked that the Commissioners look at alternative solutions to closing the bridge while it is being repaired. Paul Crampton, Assistant Mayor of Funkstown, asked the Commissioners to consider funding the southern bypass. He also expressed concerns as a business owner about the loss of business that would occur during the bridge rehabilitation. Commissioner Aleshire cited his concerns regarding a temporary bridge and noted that the estimated costs for construction of a temporary bridge did not include right-of-way purchase and utility relocation. Joe Kroboth, Director of Public Works, stated that it would take at least two months to design a temporary bridge and that it would delay the bridge project by at least one year. Commissioner Wivell stated that he does not support construction of a temporary bridge but would consider the bypass. Commissioner Kercheval indicated that he met with a bridge contractor in the area who has worked with stone arch bridges previously and feels that the project could be done in four to five months. Diane Eves provided recent statistics on the state of the middle class. Nancy Race, President of Homes for America, a non-profit organization, informed the Commissioners that they have been working with a developer to upgrade Hopewell Manor apartments. Ms. Race stated that they propose to finance improvements with a bank loan and would like to apply to the State for funding in 2008. She explained that the funds would allow them to build 50 additional units and keep rates and the apartments affordable. Ms. Race indicated that a County contribution would be required as part of the State funding, but would be negotiable. The Commissioners took this under consideration. Monda Sagalkin, Chair of the League of Women Voters, asked for information on the funding that was reserved for a program to provide tax relief for homeowners. The Commissioners indicated that the program was never devised but indicated that lowering of the property tax cap to 5% had a similar outcome of assisting homeowners. MARCH 11, 2008 PAGE THREE ACCEPTANCE AND TRANSFER OF DEED – TOWN OF SMITHSBURG John Martirano, County Attorney, informed the Commissioners that the Town of Smithsburg had recently approached the Board of Education regarding the possible conveyance of a .75 acre parcel owned by the Board near Federal Lookout Road as a site for a new water tank. The Board and the State have approved the Town’s request and the Board of Education has conveyed the property in question to the County pursuant to Maryland law. Mr. Martirano asked that this property be accepted by the County and subsequently conveyed to the Town for the new water tank. Commissioner Wivell requested that a reverter clause be included in the deed to ensure that the property would revert back to the County if the Town does not use it for the stated purpose. Commissioner Aleshire stated that he would recuse himself from voting on this issue as the company he works for is designing the water tank. Motion made by Commissioner Wivell, seconded by Kercheval, to accept the deed from the Board of Education to the County for the .75 acre parcel located on Federal Lookout Road and also to the convey the property to the Town of Smithsburg with the inclusion of a reverter clause that the property would revert to the County in the event that the Town no longer uses it for its stated purpose. Motion carried with Commissioners Wivell, Kercheval and Barr voting “AYE.” As stated above, Commissioner Aleshire abstained from voting on this issue. REPORTS FROM COUNTY STAFF William Sonnik, Director of Human Resources, requested authorization to advertise to fill a vacancy for an Emergency Communications Specialist. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the request to advertise to hire an Emergency Communications Specialist. Unanimously approved. (Commissioner Baker arrived at 11:26 a.m.) Joe Kroboth, Director of Public Works, informed the Commissioners that the Steering Committee for the Transportation Lobbying Efforts would like to have a combined City/County list of priority transportation projects to allow them to pursue federal funding for the projects. They have identified the following projects: 1) I-81 widening, 2) I-70 widening, 3) Hagerstown Area Northeast bypass project, 4) MD Route 340 at Keep Tryst Road, and 5) Eastern Boulevard railroad overpass. Mr. Kroboth distributed a packet of information on the projects. The Steering Committee has recommended that a joint City/County project be submitted entitled “Eastern Boulevard Corridor Improvements” that includes the railroad crossing as well as other upgrades desired by the City including a bridge crossing on a new road connecting Eastern Boulevard to Robinwood Drive. After discussion and clarification of the process, the Commissioners agreed to consider it in the afternoon session. PUBLIC HEARING – ACQUISITION OF REAL PROPERTY The County Commissioners conducted a public hearing at 11:49 a.m. in order to receive testimony regarding the proposed acquisition of the following described parcel of land: All that tract of land consisting of approximately 5 acres with improvements, situate at or near Quirauk Mountain, located off High Rock Road in Cascade, Washington County, Maryland. The public hearing is being held to meet the requirements of Section 1-301(b) of the Code of the Public Local Laws of Washington County, as it has been determined that the property is needed for a public purpose. Joe Kuhna, Real Property Administrator, and Pete Loewenheim, Communications Maintenance, explained how the site was selected and the need for the tower. The meeting was opened for questions from the Commissioners. At this time, Commissioner Barr opened the hearing for public comment. There was no one present who wished to comment. The hearing was closed at 11:57 a.m. MARCH 11, 2008 PAGE FOUR Motion made by Commissioner Wivell, seconded by Baker, to approve the purchase of five acres with improvements at or near Quirauk Mountain, located off High Rock Road in Cascade, Washington County, Maryland that is needed for a public purpose for the purchase price of $170,140. Unanimously approved. RECESS – LUNCHEON & BUDGET PRESENTATIONAT WASHINGTON COUNTY FREE LIBRARY The Commissioners recessed at 11:58 a.m. to attend a luncheon at the Washington County Free Library. Art Callaham, President of the Board of Trustees, welcomed the Commissioners. Mary Baykan, Executive Director, provided information on the history of the library, and its mission and vision statements. Ms. Baykan gave the fiscal year 2009 budget presentation for the Library requesting County funding of $2,567,710. AFTERNOON SESSION The afternoon session was called to order at 1:39 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. REPORTS FROM COUNTY STAFF – CONTINUED Joe Kroboth, Director of Public Works, informed the Commissioners that he and Assistant County Attorney Kirk Downey met with the Washington County Delegation to the General Assembly regarding House Bill 1599 requesting a revision to Title 7, Section 7-402, in the Code of Local Public Laws of Washington County. Mr. Kroboth stated that this portion of the bill relates to the prohibition of parking of oversized trucks in residential subdivisions. He noted that the Delegation supported the revisions with the exception of the weight restriction applied to the vehicles and asked the Commissioners to consider increasing the weight limitation. Mr. Kroboth reviewed several options for their consideration. After discussion, it was the consensus to remove the reference to a single-unit truck and amend it to read “Commercial semi-tractor and trailer combination.” Mr. Kroboth informed the Commissioners that the Maugans Avenue project will begin phasing-in lane shifts which will significantly impact traffic at that intersection in the next few weeks. He stated that the City of Hagerstown has approved a lease agreement for the alley adjacent to the Court House to allow the County to construct a sally-port for prisoner drop-off and pick-up. Kirk Downey, Assistant County Attorney, indicated that the County would have permission to use the alley as long as the Court House is there and dedicated to public use. Gary Rohrer, Director of Special Projects, informed the Commissioners that he represented Washington County at a Maryland Highway Strategic Safety Plan meeting. He stated that the State is working to reduce traffic fatalities through a strategic planning process. The portion of the program entitled the “Community Traffic Safety Program” is coordinated by the Health Department. The State is asking that the Coordinator of this program be placed on the Transportation Advisory Committee as they would have the ability to coordinate and apply for grant funding for this initiative. REZONING MAP AMENDMENT - RZ-07-004 Kirk C. Downey, Assistant County Attorney, reviewed map amendment RZ-07-004, submitted by Washco Arnett Farms, LLC to rezone 29.53 acres of land located on the west side of Maryland Route 65 from HI-2 (Highway Interchange 2) to HI-1 (Highway Interchange 1. Mr. Downey also reviewed the proposed Findings of Fact and the additional conditions that are set forth in that document as specified by the Commissioners. The application was discussed at the January 8, 2008 meeting. Motion made by Commissioner Kercheval, seconded by Aleshire, to grant rezoning request RZ-07-004 from HI-2 (Highway Interchange 2) to HI-1 (Highway Interchange 1) based upon a change in the character of the neighborhood and to adopt the Findings of Fact and the appropriate ordinance effectuating the zoning classification change as set forth in the report of the County Attorney, with the conditions as outlined with MARCH 11, 2008 PAGE FIVE regard to a setbacks, adequate buffering, dedication of land for the future relocation and construction of Rench Road to be paid for by the developer, and execution of an agreement between the applicant and the Petres regarding access to the adjacent 9.62 acre parcel. Motion carried with Commissioners Kercheval, Aleshire, Wivell and Barr voting “AYE” and Commissioner Baker voting “NO.” (The adopted Findings of Fact for RZ-07-004 are attached.) MEETING SCHEDULE CHANGE Greg Murray, County Administrator, asked that time be re- scheduled to review the Capital Improvement Program (CIP) budget that was scheduled for earlier today. It was decided to schedule an evening session on March 25 to consider budget issues. SCHOOL MITIGATION REQUEST – TAMMANY HEIGHTS NORTH Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Tammany Heights North school mitigation proposal. He introduced Lee Downey, developer, who appeared before the Commissioners to review the mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO) for the project as it relates to school capacity. Mr. Thompson stated that Tammany Heights North would consist of 11 single-family and 3 duplex lots along Custer Court south of I-70 and east of I-81 with access from Virginia Avenue. Mr. Thompson stated that the development is served by Williamsport Elementary, Springfield Middle and Williamsport High Schools. Based on September 2007 enrollment numbers, the schools are at 90%, 93% and 100% capacity respectively. The only issue under the APFO is at the high school. Mr. Thompson informed the Commissioners that the developer has proposed the following mitigation plan: 1) The developer agrees to reserve two lots for Student Trade, contingent upon road improvements beginning in May 2008. The homes built would be sold in 2009 and 2010. 2) The developer agrees to pay the existing excise fees for nine residential lots at the time the street is completed rather than at the time of building permit. 3) The project would be phased to permit not more than three duplex lots and three single family lots (9 units) in 2008 and permits for the remaining eight single-family units would not be applied for until 2009 unless another agreement is reached with all parties. The Board of Education’s response to Mr. Downey’s proposal to reserve two lots for the Student Trades Foundation is that it is interesting but does not currently meet their “Developer-funded School Construction Projects” policy. Mr. Downey provided additional information on the project. He stated that when the project was submitted in 2006, the schools were close to meeting adequacy requirements. Commissioner Kercheval agreed that a mitigation proposal was formally offered prior to the redistricting that took place and that he believes the Board should have considered that request before including the new students impacting the high school from the redistricting. Mr. Downey also noted that he was required to construct accel and decel lanes on Virginia Avenue. The meeting was opened for discussion and questions. Mr. Downey agreed to pay the excise tax for the two lots being given to the Student Trades Foundation for a total of 11 residential lots. He also agreed not to charge the Student Trades Foundation over $95,000 for each lot. Motion made by Commissioner Baker, seconded by Kercheval, to approve the mitigation offer for Tammany Heights North with the developer reserving two lots for purchase by the Student Trades Foundation at no more than $95,000 per lot, to pay the excise tax upfront for the 11 single family residential units at $13,000 per unit, including the lots reserved for the Student Trades Foundation, to pay at the time of the application for building permit the then current excise tax for the duplex units, and to approve the phasing schedule as presented. Motion carried with Commissioners Baker, Kercheval, and Barr voting “AYE” and Commissioners Aleshire and Wivell voting “NO.” MARCH 11, 2008 PAGE SIX CITY OF HAGERSTOWN ANNEXATION REQUEST – DOUB PROPERTY (A08-02) Michael Thompson, Director of Planning, met with the Commissioners to review annexation request A08-02 from the City of Hagerstown. The request is for a parcel of land consisting of approximately 141.69 acres located at the interchange of I-70 and Route 40. Mr. Thompson recommended that the Board deny “express approval” for the proposed development as the requested zoning is inconsistent with current County zoning and the 2002 adopted Comprehensive Plan. Mr. Thompson introduced Stuart Bass, City Comprehensive Planner, and Kathy Maher, City Planner, who were present to answer any questions. Also present was Sassoon Shaool, applicant, and Bruce Dean, attorney for the applicant. Mr. Thompson stated that the applicant is requesting C-4 (Regional Shopping Center) zoning for 123.88 acres and R-3 (Residential) zoning upon annexation to the City. A large majority of the site is currently zoned HI-2 with a small portion adjacent to the Dual Highway zoned HI-1. Staff believes that the proposed R-3 zoning for a portion of the property is consistent with HI-2 zoning, but is of the opinion that C-4 is a significant change from what the current zoning permits and therefore “express approval” would be required. The City has noted that their Draft Comprehensive Plan proposes the property as Business Employment and Medium Density Residential and they believe their proposal to be more consistent with the current County zoning. The meeting was opened for questions and discussion. Kathy Maher stated that the application has not been to public hearing and has not yet been presented to the Mayor and Council. She indicated that the Hagerstown Planning Commission has given its opinion regarding the future zoning. Commissioner Kercheval stated that he would want to hear whether the Mayor and Council are in favor of the request and whether they would support changing the zoning. Mr. Dean stated that the question is whether the Commissioners want to give express approval. He noted that the applicant is hoping to get an indication that they would consider approving the request if certain conditions are met. It was the consensus of the Commissioners to take the request under consideration for a decision at a later date. Mr. Shaool distributed updated information on the proposal. BID AWARD – PUBLIC SAFETY FIBER OPTIC CONDUIT Motion made by Commissioner Kercheval, seconded by Aleshire, to award the bid for Public Safety Fiber Optic Conduit to DA Foster Company, which submitted the lowest responsive, responsible bid of $1,622,515.53 and to fund the balance of $227,340.03 from the CIP Contingency Fund. Unanimously approved. BID AWARD – U.S. ROUTE 40/MT. AETNA ROAD INTERSECTION IMPROVEMENTS Motion made by Commissioner Kercheval, seconded by Aleshire, to award the contract for U.S. Route 40 at Mt. Aetna Road Intersection Improvements to L. W. Wolfe Enterprises, Inc., which submitted the low responsive, responsible bid of $1,089,268.85. Unanimously approved. ADOPTION OF THE AMENDMENT TO THE ORDINANCE ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, FIRST PRINTING, WITH LOCAL AMENDMENTS Motion made by Commissioner Aleshire, seconded by Kercheval, to adopt the Ordinance to amend the Ordinance entitled “An Ordinance to Repeal the 2003 International Residential Code for One- and Two-Family Dwellings, Fourth Printing, with Local Amendments for Washington County, and to Enact the 2006 International Residential Code for One- and Two-Family Dwellings, First Printing, with local Amendments for Washington County, Maryland.” Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 4:00 p.m. to consider matters that relate to collective bargaining negotiations; to discuss the appointment, employment, assignment, and/or compensation of appointees, employees, or officials over whom it has jurisdiction; and to discuss any other personnel matter that affects one or more specific individuals, in MARCH 11, 2008 PAGE SEVEN accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Baker, seconded by Wivell, to reconvene in open session at 5:31 p.m. Unanimously approved. In closed session, the Commissioners considered matters that relate to collective bargaining negotiations; discussed the appointment, employment, assignment, and/or compensation of appointees, employees, or officials over whom it has jurisdiction; and discussed other 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; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Joe Kroboth, Director of Public Works; William Sonnik, Director of Human Resources; and James Sterling, Director of Buildings, Grounds, and Parks. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 5:31 p.m. Unanimously approved. ___________________________ County Administrator ___________________________ County Attorney ________________________ County Clerk