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HomeMy WebLinkAbout090602 June 2, 2009 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 12:00 p.m. by President John F. Barr with the following members present: Commissioners Terry L. Baker, Kristin B. Aleshire, and James F. Kercheval. LUNCH – AGRICULTURAL MARKETING DEPARTMENT YEAR IN REVIEW The Commissioners attended a working lunch sponsored by the Agricultural Marketing Department to receive an overview of the Department’s first year in operation. Leslie Hendrickson, Agricultural Marketing Specialist, informed the Commissioners that the meal was made with all locally grown foods. She reviewed her Department’s mission statement and goals. Ms. Hendrickson stated that the components of the strategic plan include: economic and business development, education and training, marketing and communications, regulation – legislative and land use infrastructure. She provided information on activities during the year and stated that the goal is to make it easier for County residents to find, choose and appreciate great local foods while supporting the agricultural community. (Commissioner Wivell arrived at 1:32 p.m.) TH REQUEST FOR FUNDING - MARYLAND SYMPHONY ORCHESTRA’S 24 ANNUAL SALUTE TO INDEPENDENCE Tom Riford, President of the Hagerstown-Washington County Convention and Visitors Bureau (CVB), and Dr. Anton Dahbura, President-Elect of the Board of Directors of the Maryland Symphony Orchestra (MSO) appeared before the rd Commissioners to request funding for the MSO’s 23 Annual Salute to Independence. Mr. Riford stated that the event, held annually at the Antietam National Battlefield, draws over 35,000 people and is cited as the second largest event in Washington County. He reported on its positive impact to the local economy. Mr. Riford informed the Commissioners of increased costs to produce the performance. He requested that the Commissioners provide funding assistance of $20,000 from the County’s portion of the hotel rental tax for the Salute to Independence. Mr. Dahbura provided information on the event, direct and indirect costs, and current sponsorship. The meeting was opened for questions and discussion. Commissioner Kercheval suggested that the Commissioners commit $20,000 funding for the concert each year for a two-year year period. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the request to provide $20,000 per year from the County’s portion of the FY 2009 and FY 2010 hotel rental tax funds to the Maryland Symphony Orchestra’s Salute to Independence event. Unanimously approved. CONTRACT AWARD – FY 2010 PAVEMENT MAINTENANCE & REHABILITATION PROGRAM – HOT MIX ASPHALT APPLICATIONS Motion made by Commissioner Wivell, seconded by Baker, to award the bid for the Pavement Maintenance & Rehabilitation Program – Hot Mix Asphalt Applications, to L. W. Wolfe Enterprises, Inc., which submitted the lowest responsive, responsible bid of $1,685,649.50. Unanimously approved. CONTRACT AWARD – FY 2010 PAVEMENT MAINTENANCE & REHABILITATION PROGRAM – CHIP SEAL APPLICATIONS Motion made by Commissioner Kercheval, seconded by Aleshire, to award the bid for the Pavement Maintenance & Rehabilitation Program – Chip Seal Applications, to American Paving Fabrics, Inc., which submitted the lowest responsive, responsible bid of $593,283.89 including Alternate No. 1. Unanimously approved. ZONING TEXT AMENDMENT RZ-09-004 – SMALL WIND ENERGY SYSTEMS AND SOLAR COLLECTION SYSTEMS Mike Thompson, Director of Planning & Community Development, reviewed rezoning text amendment RZ-09-004 to amend the text of the Zoning Ordinance. He reviewed the proposed amendments which would add Sections 4.24 (Small Wind Energy Systems) and 4.25 (Solar Collection Systems) and JUNE 2, 2009 PAGE TWO amend Article 28A (Definitions) to allow for alternative energy sources as accessory uses under the Zoning Ordinance. Mr. Thompson stated that the Planning Commission took action at its regular meeting on Monday, April 6, 2009 to recommend approval of the text amendment with the following recommendations: 1) Add language to clarify that wind towers should not be located in front of a house unless the house is a greater distance from the road or other residence; 2) language that the County and/or adjoining property owners are not liable for sunlight being blocked from a neighboring solar panel and/or language for solar easements; 3) the footprint limitation for industrial/commercial solar arrays be evaluated; and 4) clarification of the electromagnetic interference standards. The meeting was opened for discussion and comments from the Commissioners. The Commissioners discussed topics including front yard setback regulations, the amount of electric generation for residential use, the length of time to consider a system “abandoned”, and height restrictions. Motion made by Commissioner Wivell, seconded by Baker, to adopt Zoning Text Amendment RZ-09-004 (Small Wind Energy Systems and Solar Collection Systems) with the following changes: Remove Section 4.24, Paragraph F, dealing with front yard restrictions; Paragraph 10 “Small Wind Energy Systems” shall be changed to read “shall not exceed the principle permitted height in the zoning district plus twelve feet”; Paragraph 12 shall read “Each property is eligible for two small wind energy systems only. In the A(R), EC, and P Zoning Districts additional wind energy systems shall be permitted. The total number shall not exceed what is necessary to generate two times the amount of electricity per established uses on the property in a calendar year”; Section B “Abandonment” will be revised by the legal staff to require removal of those structures that present safety hazards as defined; Under Solar Collection systems - Section 4.25, remove Paragraph 1 that restricts solar collection systems from being located in the front yard; Paragraph 4 is being revised to allow structures to be as large as the footprint of the structures in the A, P and EC Districts; Paragraph 5B shall be eliminated for consistency; Paragraph 9 will include clarification of the definition of “acquisition of solar easement” that the size of arrays shall not exceed the footprint of the structure. After discussion, Commissioner Wivell withdrew his Motion and Commissioner Baker his Second to allow legal counsel time to develop the appropriate language and make the necessary changes to the Ordinance for the Commissioners’ review prior to adoption. The Commissioners agreed to place this item on the June 16, 2009 agenda. DISCUSSION OF THE CITY OF HAGERSTOWN’S ZONING CHANGES AND THEIR IMPACT ON THE BUILDING EXCISE TAX ORDINANCE Michael Thompson, Director of Planning & Community Development, appeared before the Commissioners to review the City of Hagerstown’s zoning changes and their impact on the County’s Building Excise Tax Ordinance. Mr. Thompson explained that the City is in the process of making changes to its zoning classifications in the redevelopment area, which will require a change to the definition in the Ordinance if the Commissioners wish to keep the redevelopment area covered by the Ordinance consistent with the City’s zoning classifications. He stated that the City is proposing to repeal the C3 district and replace it with the Downtown Mixed Use district. For this new district to be considered part of the “redevelopment areas” under the Excise Tax Ordinance, the definition of “redevelopment area” must be amended. Mr. Thompson reviewed a map of the proposed areas that would be affected. The meeting was opened for questions and discussion. Kathleen Maher, Planning Director for the City of Hagerstown, was in attendance to answer any questions. After discussion, it was the consensus of the Commissioners to direct the County’s legal staff to develop language for adoption to include the new classification as part of the City’s “Redevelopment Area” for purposes of the County’s Excise Tax Ordinance. RENTAL ALLOWANCE PROGRAM – FY 2009 APPLICATION AMENDMENT Sherry Neil, Deputy Director of the Community Action Council (CAC), met with the Commissioners to request approval of the submission of the JUNE 2, 2009 PAGE THREE Rental Allowance Program (RAP) Application and Grant Agreement Amendment for additional funding to the Maryland Department of Housing and Community Development. Ms. Neil stated that the RAP allocation for FY 2009 is $30,000; however CAC has been notified of the availability of additional funding in the amount of $9,882. Motion made by Commissioner Kercheval, seconded by Baker, to submit an application to the Maryland Department of Housing and Community Development for the FY 2009 Rental Allowance Program (RAP) and to approve the proposed Grant Agreement Amendment for an amount up to $9,882 and for any additional amounts that may become available at a later date. Unanimously approved. FOOD RESOURCES - AGREEMENT Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the request of Food Resources for a Contract Modification of the Emergency Food Assistance Program to allow it to apply for additional grant funding in the amount of $10,000 through the American Recovery and Reinvestment Act as presented. Unanimously approved. AUTHORIZATION TO ADVERTISE VACANCIES Motion made by Commissioner Kercheval, seconded by Aleshire, to authorize advertising to fill the following vacancies: 1) Senior Operator (Water Quality Department - Grade 10); Maintenance Equipment Operator (MEO) I (Highways Department - Grade 6); and 3) Emergency Communications Specialist (Fire & Emergency Services - Grade 9). Unanimously approved. GRANT AGREEMENT – MARYLAND TRANSIT ADMINISTRATION Motion made by Commissioner Kercheval, seconded by Baker, to approve and execute the capital grant agreement with the Maryland Transit Administration for grant funding through the American Recovery and Reinvestment Act (ARRA) grant funds agreement to support FY 2010 public transportation capital projects in the amount of $2,271,913 as presented. Unanimously approved. APPROVAL OF MINUTES – MAY 19, 2009 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of May 19, 2009. Unanimously approved. COUNTY ADMINISTRATOR COMMENTS Greg Murray, County Administrator, informed the Commissioners of a new feature available on the County website that allows users to access archived video with a link to agenda items which would allow viewing of the video of a specific portion of the meeting. Mr. Murray also asked if the Commissioners wished to further discuss the request for funding made by the Community Free Clinic since receiving information that was previously requested. Motion made by Commissioner Aleshire, seconded by Kercheval, to provide $42,500 to the Community Free Clinic for operational services with funds to be taken from the FY 2009 Contingency Fund. Unanimously approved. Commissioner Barr informed the Commissioners that Allegheny Power has requested that the Commissioners send a letter of support for the PATH Project. He distributed a copy of the letter sent by Frederick County. The Commissioners took the request under consideration. Commissioner Barr stated that he received notification that Donna Long and Richard Reynolds had been appointed to the State Property Tax Assessment Appeals Board. He also noted that the letter indicated that John Martin’s term on the Appeals Board does not expire until 2011. CONVENE IN CLOSED SESSON Motion made by Commissioner Kercheval, seconded by Wivell, to convene in closed session at 4:04 p.m. to discuss the appointment, employment, assignment, compensation, and/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 JUNE 2, 2009 PAGE FOUR organization to locate, expand or remain in the State; to consider the acquisition of real property for a public purpose and matters directly related thereto; 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. Motion carried with Commissioners Kercheval, Wivell, Baker, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” (Commissioner Kercheval was excused from the meeting at 4:45 p.m.) RECONVENE IN REGULAR SESSION Motion made by Commissioner Wivell, seconded by Baker, to reconvene in open session at 4:51 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, compensation, and/or performance evaluation 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; considered the acquisition of real property for a public purpose and matters directly related thereto; 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; Rob Ferree, Deputy Director of Economic Development Commission; Carolyn Motz, Airport Director; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; and Brett Wilson, Airport Advisory Commission member. REAPPOINTMENTS – BOARD OF ZONING APPEALS Motion made by Commissioner Baker, seconded by Aleshire, to reappoint Paula Lampton to the Board of Zoning Appeals for a three-year term and to reappoint Matt Harsh to the Board of Zoning Appeals as an Alternate for a three-year term. Motion carried with Commissioners Baker, Aleshire, and Barr voting “AYE” and Commissioner Wivell voting “NO.” REAPPOINTMENT – PLANNING COMMISSION Motion made by Commissioner Wivell, seconded by Baker, to reappoint Linda Parrish to the Planning Commission for a five-year term. Unanimously approved. REAPPOINTMENTS - BOARD OF EXAMINERS & SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Aleshire, seconded by Baker, to reappoint Raymond Higgins and Wayne Steenburg to the Board of Examiners & Supervisors for Electricians for two-year terms. Unanimously approved. REAPPOINTMENTS – BOARD OF SOCIAL SERVICES Motion made by Commissioner Wivell, seconded by Baker, to reappoint Delores Harmon to the Board of Social Services for a three-year term and to appoint Linda Mercurio and Gladys Rojas for three-year terms. Unanimously approved. APPOINTMENTS – SOLID WASTE ADVISORY COMMITTEE Motion made by Commissioner Wivell, seconded by Aleshire, to appoint Jerome Martin and Daniel Massey to the Solid Waste Advisory Committee for three-year terms. Unanimously approved. ADJOURNMENT Motion made by Commissioner Baker, seconded by Wivell, to adjourn at 4:53 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk