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HomeMy WebLinkAbout081021 October 21, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:30 a.m. by President John F. Barr with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. 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 – OCTOBER 14, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of October 14, 2008. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Human Resources Director, introduced new County employees Patricia Baugher (Landfill), Chester Sheeley (Landfill), David Mastrouni (Water Quality), Cody Shaw (Planning & Community Development), Megan Hammond (Planning & Community Development), Dwayne Feigley (Highways), and Richard Ritz (Highways). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the Annual Leadership Prayer Breakfast and the Light the Night fundraiser for cancer prevention. He reported on a meeting of the Local Management Board, the I-81 Corridor Coalition conference, and the Planning Commission’s Urban Growth Area Workshop. Commissioner Kercheval commended those involved in the recent Convoy of Hope community outreach effort. Commissioner Aleshire stated that he recently reviewed the Emergency Services Plan and the Sheriff’s Annual Report and has questions for staff regarding the reports. Commissioner Barr reviewed invitations to various events that the Commissioners have received. He stated that he attended the Transportation Advisory Commission meeting and thanked those who participated. Commissioner Barr informed the Commissioners that he presented a proclamation for International Conflict Resolution Day and attended the Doleman Black Heritage Museum fundraising event. He also reported on meetings of the Center for Business and Training Board and Washington County’s Adolescent Drug Court Advisory Board. Commissioner Barr reported that the route for the Allegheny Power PATH Project was made public last week and will not be going through Washington County but will be taking a more southern route. He also indicated that the County will be discussing a possible “Sister County” arrangement with a providence in China sponsored through Kaplan College. PUBLIC HEARING – REZONING MAP AMENDMENT RZ-08-003 (APPLICANT: RONALD AND JEAN DOLAN) A public hearing was convened at 9:00 a.m. to hear testimony and receive evidence in rezoning Map Amendment RZ-08-003, as submitted by Ronald and Jean Dolan, for establishment of a Historical Preservation (HP) overlay zone for the house and immediate surrounding area at 10914 Dam Number 5 Road in Clear Spring, Maryland. Individuals planning to testify were sworn in by Kirk Downey, Assistant County Attorney. Stephen Goodrich, Chief Planner-Comprehensive Planning, stated that the property is currently zoned Environmental Conservation (EC) and the HP overlay would cover 1.44 acres of the 10-acre parcel. Mr. Goodrich reviewed the Staff Report and Analysis and submitted it for the record. He explained that the HP zone would regulate changes to the exterior of the structures and would also allow the property owners to apply for property tax credits based on the amount of money that is spent on restoration of historic structures. Mr. Goodrich informed the Commissioners that the change or mistake rule does not apply in the case of an HP overlay zone, although it is necessary that the applicant meet at least one of the 11 criteria used in evaluating the application. OCTOBER 21, 2008 PAGE TWO Ron Dolan (applicant) answered questions from the Commissioners regarding the request. Commissioner Barr opened the meeting for public comment. There was no one present who wished to comment and the hearing was closed at 9:08 a.m. It was the consensus of the Commissioners to support the request for the HP overlay as the structures clearly meet the criteria in the Zoning Ordinance for establishment of Historical Preservation Overlay Zone. Mr. Downey was asked to develop the proposed findings of fact for adoption by the Commissioners. (Commissioner Baker arrived at 9:12 a.m.) REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Special Projects, reported on the I-81 Corridor Coalition conference. He informed the Commissioners that the Coalition is comprised of representatives from all six states that are traversed by Interstate 81. Mr. Rohrer stated that he serves as the Commissioners’ representative on the Historic Advisory Committee and noted that it was recently discovered that there are no formal bylaws for the organization. He stated that the current members and County Staff would be working to develop bylaws for the Commissioners’ approval. Greg Murray, County Administrator, asked the Commissioners if they wished to discuss the request made by the Hagerstown Mayor and Council to provide $300,000 toward the alleyway project in the Arts & Entertainment District. Mr. Murray reported on the State budget cuts that have been made to date. Debra Murray, Director of Budget and Finance, indicated that Hotel Rental Tax funds could be utilized; however, this would restrict the amount available for future distributions in FY 2009. Ms. Murray stated that the Capital Improvement fund would be a better option if they wish to contribute to the project. She indicated that there are net savings from capital projects that were closed out in FY 2008 and stated that the alleyway project would qualify under the policy for these funds. The meeting was opened for questions and discussion. Commissioner Aleshire expressed his support for the project and stated that he would agree to provide fifty percent of the cost of the project in an amount up to $300,000. Commissioner Kercheval stated that he supports the project but feels it is premature to commit funds until more is known about State budget cuts. Commissioner Wivell suggested that the City use their portion of the Hotel Rental Tax and then subtract that from the amount requested. It was the consensus of the Commissioners to place the item on the November 18 agenda for further consideration to allow additional time to assess State budget reductions. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, welcomed the new Bulls and Bears Restaurant to the Arts & Entertainment District. He informed the Commissioners that he received an e-mail from Jeff Cline, Councilman for the Town of Williamsport, thanking County staff for their assistance in preparing a grant application for upgrades to the Town’s water and sewer system. DISCUSSION OF REQUEST BY THE CITY OF HAGERSTOWN FOR EXPRESS APPROVAL OF THE DOUB FARM ANNEXATION The Commissioner discussed the request made by the Hagerstown City Council for express approval of the property known as the Doub Farm, which has requested , annexation into the City of Hagerstown. The applicant has proposed a C-4 zoning which is a significant change from what the current County zoning permits and therefore “express approval” would be required. John Martirano, County Attorney, reviewed the various options available to the Commissioners. He stated that the Commissioners can grant express approval, deny express approval, or provide specific conditions to the City and the developer and ask that the conditions be incorporated into a fully executed annexation agreement before the County formally acts on the City’s request for express approval. The meeting was opened for questions from staff. Commissioner Kercheval stated that he does not believe the zoning proposed is the appropriate OCTOBER 21, 2008 PAGE THREE zoning for this area and stated that he is not comfortable that the options proposed can mitigate the impact to the adjoining residential property or provide enough community benefits for him to agree to express approval. He emphasized that the project is not in competition with the other project proposed at Beaver Creek and that both are working through the appropriate processes and will be considered on their own merits and reviewed individually within the regulations. Commissioner Aleshire had a number of comments on the request and the zoning proposed. Commissioner Wivell stated that he does not support granting express approval but feels that this will only delay the project for 5 years. Commissioner Baker also indicated that he was not in favor of granting the request for express approval. Motion made by Commissioner Wivell, seconded by Baker, to deny the City of Hagerstown’s request for express approval of the City’s proposed zoning (C-4) relating to the Doub property. Unanimously approved. FY 2009 RENTAL ALLOWANCE PROGRAM APPLICATION Motion made by Commissioner Kercheval, seconded by Baker, to submit an application to the State Office of Rental Services Programs for the renewal of the Rental Allowance Program (RAP) application for FY 2009 and to approve the Grant Agreement for an amount up to $30,000. Unanimously approved. REQUEST FOR APPROVAL TO ENTER INTO LOAN/FINANCING AGREEMENTS – VOLUNTEER FIRE COMPANY OF HALFWAY, MARYLAND, INC. John Martirano, County Attorney, informed the Commissioners that the Volunteer Fire Company of Halfway has requested approval of a resolution allowing it to enter into loan/financing agreements with Hagerstown Trust Company to finance needed equipment. He stated that the approval is required pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended. The Fire Company will be financing and purchasing one (1) Pierce Rescue Pumper Fire Engine in a total amount not to exceed $635,000. Mr. Martirano informed the Commissioners that the Company held a public hearing on October 16, 2008 as required by the Internal Revenue Code. Jeff Ringer, Fire Chief, and Jim Knable, President, appeared in support of the request. The meeting was opened for questions. Motion made by Commissioner Kercheval, seconded by Aleshire, to adopt a resolution granting the Commissioners approval for the Volunteer Fire Company of Halfway, Maryland, Inc. to enter into loan/financing agreements between it as Borrower and Hagerstown Trust Company as Lender in an aggregate principal amount not to exceed $635,000 to finance the purchase of one (1) Pierce Rescue Pumper Fire Engine as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Unanimously approved. Resolution RS-08-016) PROCLAMATION – CHARACTER COUNTS! MONTH Commissioner Barr presented a proclamation to Sharon Chirgott and Robert Petties, members of the Board of Directors of Character Counts! Program, designating the month of October 2008 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. Chirgott thanked the Commissioners for the proclamation and support of the program. PROCLAMATION – RED RIBBON WEEK Commissioner Barr presented a proclamation to Ruth and Jim Grove, representing #311 United Commercial Travelers of America, designating the week of October 18-26, 2008 as Red Ribbon Week in Washington County and urging citizens, schools, businesses, and governments to participate in this observance by wearing a red ribbon to display their commitment to remain healthy and drug free. CITIZENS’ PARTICIPATION There was no one present who wished to participate. OCTOBER 21, 2008 PAGE FOUR CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to convene in closed session at 10:43 a.m. to discuss the appointment, employment, assignment, discipline, demotion, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and to 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 REGULAR SESSION Motion made by Commissioner Aleshire, seconded by Baker, to reconvene in open session at 11:58 a.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, discipline, demotion, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; discussed 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, Kristin B. Aleshire, James F. Kercheval, Terry L. Baker 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; Joe Kuhna, Real Property Administrator; and Stephanie Stone, Director of the Washington County Department of Children & Families. REAPPOINTMENTS: HOUSING AUTHORITY OF WASHINGTON COUNTY, LOCAL MANAGEMENT BOARD, AND AIRPORT ADVISORY COMMISSION Motion made by Commissioner Aleshire, seconded by Kercheval, to reappoint Richard Keesecker to the Board of the Housing Authority of Washington County for a five-year term and to appoint Judith Ferro to fill the unexpired term of Clifford Eardley extending to 2009; to appoint Mary Towe to the Local Management Board to fill the unexpired term of Erin Teach which extends to June 30, 2009; to reappoint Dr. Mitesh Kothari to the Airport Advisory Commission for a three-year term and to appoint Kent Oliver for a three-year term. Unanimously approved. ADJOURNMENT TO ATTEND GRAND OPENED AT SENIOR CENTER The Commissioners adjourned at 12:00 p.m. to attend a luncheon and the grand opening ceremonies of the new Senior Citizens Center located at the Girls, Inc. facility. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk