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June 15, 2009
Hagerstown, Maryland
PUBLIC HEARING – REZONING CASES RZ-08-001, RZ-09-001 and
RZ-09-002
A public hearing of the Board of County Commissioners of
Washington County, Maryland was convened in Court Room #l
at 7:00 p.m. to hear testimony and receive evidence in
rezoning Map Amendment RZ-08-001. Presiding at the hearing
was County Commissioners President John L. Barr. Also
present at the hearing were Vice President Terry L. Baker
and County Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell. Kirk Downey, Assistant
County Attorney, reviewed the procedures for the meeting
and administered the oath to those who planned to give
testimony. Jill Baker, Senior Planner, presented the staff
reports for RZ-08-001, RZ-09-001 and Michael Thompson,
Director of Planning & Community Development, presented the
staff report for RZ-09-002. After the presentation by the
applicant and hearing all testimony, Mr. Downey stated that
the record is closed and the hearing was concluded. The
public hearing was adjourned at 8:50 p.m.
__________________________,
County Administrator
,
County Attorney
, Clerk
June 16, 2009
Hagerstown, Maryland
The Commissioners participated in a ribbon-cutting ceremony
for the new weather station exhibit at Discovery Station at
12:00 p.m. with a luncheon following the ceremony.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 1:15
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.
RURAL LEGACY PROGRAM EASEMENT VALUATION SYSTEM AND PRIORITY
RANKING REVISIONS
Eric Seifarth, Rural Preservation Administrator, and Sarah
Edelman, Land Preservation Planner, appeared before the
Commissioners to present proposed revisions to the Rural
Legacy Program (RLP) Easement Valuation System. Mr.
Seifarth provided a history of the RLP program. He noted
that it is a sister program to the Maryland Agricultural
Land Preservation Program. He stated that staff is
proposing to include a discounting (competitive bidding)
component. He reviewed the current program and informed
the Commissioners that the State has been encouraging
counties to implement a competitive bidding system whereby
property owners discount easement values and then receive a
higher ranking on Washington County’s competitive list.
Ms. Edelman reviewed the valuation system and proposed that
up to 125 bonus points be added to the ranking for
discounting. The easements are currently ranked on number
of development rights available, quality of the land/land
management, natural resources, and historic value. The
meeting was opened for questions and discussion.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the recommendation made by staff to
revise the Rural Legacy Program Easement Valuation System
to include a component for discounting (competitive
bidding). Unanimously approved.
MAP AMENDMENT RZ-07-007 – MARTIN MARIETTA MATERIALS, INC.
Kirk C. Downey, Assistant County Attorney, stated that the
purpose of today’s session is for the Commissioners to
discuss the rezoning case with the hope of reaching a
consensus. If a consensus is reached, the
JUNE 16, 2009
PAGE TWO
County Attorney’s Office will then develop findings of fact
and articulation of reasons for the decision, which would
be brought back for final adoption at a future meeting.
Stephen Goodrich, Chief Planner, reviewed the staff report
and Planning Commission findings for rezoning case RZ-07-
007, as submitted by Martin Marietta Materials, Inc. to
rezone 77.08 acres of land located on the south side of
Maryland Route 68 from A- Agricultural (Rural) to A-
Agricultural (Rural) with an Industrial, Mineral Overlay.
Mr. Goodrich stated that the Planning Commission voted to
recommend approval of the request conditional upon several
items. A supplemental public hearing was held on April 20,
2009 and additional information was presented in an attempt
to answer questions that the Commissioners had regarding
the request. The meeting was then opened for questions.
Commissioner Kercheval asked Mr. Downey to review the six
conditions proposed to be imposed on the property’s IM
zoning. He also suggested that the quarry appoint a
citizens committee in the community to address issues with
the quarry. Commissioner Aleshire had questions regarding
the proposed conditions.
Commissioner Kercheval expressed his support for the
rezoning application with the conditions listed. He stated
that the adopted Comprehensive Plan encourages the
expansion of current mineral extraction sites rather than
the development of new ones, the applicant has made an
effort to address the concerns relative to the case, and
the Planning Commission’s recommendation was to approve the
request.
Commissioner Aleshire stated that he does not believe the
conditions are adequate in minimizing incompatibility and,
among his concerns, cited well protection, berms, and
buffering.
Commissioner Wivell indicated that he does not feel the
quarry has been a very good neighbor. He stated that the
quarry should take responsibility for the historic
farmstead on the property and move it elsewhere to be
saved. He noted that he does not support the request
unless the quarry agrees to save the home and address the
other concerns raised at the meeting.
After discussion, the Commissioners did not reach a
consensus. County staff was asked to research the
viability of moving the historic home located on the
property and whether movement of the house could be a
condition imposed on the rezoning.
(Commissioner Barr was excused from the meeting at 2:22
p.m. and Vice President Baker assumed the Chair.)
PROPERTY AND CASUALTY INSURANCE RENEWALS – FY 2009-10
Motion made by Commissioner Kercheval, seconded by Wivell,
to renew the liability insurance policies placed with
Travelers Insurance, the property policies placed with
Local Government Insurance Trust, and the Airport liability
policy placed with AIG Aviation, Inc. for FY 2090-10 with
the approved increases, as recommended by staff.
Unanimously approved.
APPROVAL OF REVISED POLICY PR-25 – USE OF OFFICIAL CARS AND
EQUIPMENT
William Sonnik, Director of Human Resources, and Brian
Overcash, Safety Administrator, appeared before the
Commissioners to request approval of the revised policy PR-
25, Use of Official Cars and Equipment. Mr. Overcash
informed the Commissioners that the revisions are the
result of recommendations of the County’s Fuel & Vehicle
Task Group that was appointed in 2006. The revisions
include the addition of risk management and safety
guidelines and procedures that maximize protection to the
County. Mr. Overcash reviewed the changes to the policy.
The meeting was opened for questions and discussion.
(Commissioner Barr returned at 2:48 p.m. and assumed the
Chair.)
JUNE 16, 2009
PAGE THREE
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the County Policy PR-25, Use of
Official Cars and Equipment with the additional revisions
proposed. Motion carried with Commissioners Kercheval,
Aleshire, Baker, and Barr voting “AYE” and Commissioner
Wivell voting “NO.” (A copy of the approved policy is
attached.)
BID AWARD – GROUND MAINTENANCE CHEMICALS FOR VARIOUS COUNTY
DEPARTMENTS
Motion made by Commissioner Kercheval, seconded by
Aleshire, to award the bid for grounds maintenance
chemicals for various County/City Departments to the
following companies which submitted the low responsible,
responsive bids meeting specifications for each chemical as
follows: Item #1 – Winfield - $467.14/gal.; Item #2 –
Winfield - $21.80/lb.; Item #3 – Helena - $27.84/gal.; Item
#4 – Crop - $282.05/gal.; Item #5 – Winfield -
$341.70/gal.; Item #6 – Winfield - $110.22/gal.; Item #7 –
Crop - $14.06/lb.; Item #8 – Helena - $50.00/gal.; Item #9
– Helena - $17.83/gal.; Item #10 – Crop - $9.23/lb.; Item
#11 – Helena - $48.30/gal.; Item #12 – Winfield -
$6.60/lb.; Item #13 – Winfield - $493.90/gal.; Item #14 –
Crop - $474.30/gal.; *Item #15 – Helena - $155.00/gal.;
*Item #16 – Helena - $2,021.40/lb.; Item #17 – Crop -
$104.16/lb.; *Item #18 – Helena - $98.40/gal.; Item #19 –
Crop - $24.50/gal.; Item #20 – Lesco - $50.25/gal.; Item
#21 – Crop - $316.71/gal.; *Item #22 – Helena -
– –
$369.00/gal.; Item #23Winfield$102.70/gal.; Item #24
– Lesco - $37.00/gal.; Item #25 – Winfield - $113.40/qt.;
Item #26 – Winfield - $542.00/gal.; Item #27 – Winfield -
$344.40/lb.; Item 28 – Helena - $12.15/lb.; Item #29 –
Helena - $27.85/gal.; and Item #30 – Winfield -
$380.65/gal. Unanimously approved. (*Items #15, #16, #18
and #22 were tie bids, and the Commissioners drew lots,
pursuant to Washington County Purchasing Policy P-2, to
determine the successful bidders.)
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 – PROPOSED
MEMORANDUM OF UNDERSTANDING
Joe Kroboth, Director of Public Works, informed the
Commissioners that the State of Maryland is making a
portion of the American Recovery and Reinvestment Act
(ARRA) funds as distributed by the Federal government
available to Washington County. The State is requiring the
County to enter into a memorandum of understanding in order
to set forth the terms and conditions of the program. Mr.
Kroboth indicated that the County will receive
approximately $2,300,000 in federal aid. He reviewed the
proposed Memorandum of Understanding with the
Commissioners.
Motion made by Commissioner Kercheval, seconded by Wivell,
to approve the proposed Memorandum of Understanding with
the State Highway Administration of the Maryland Department
of Transportation in order to receive the Federal American
Recovery and Reinvestment Act (ARRA) funds. Unanimously
approved.
SENIOR CENTER DISCUSSION
Greg Murray, County Administrator, reviewed the sites being
considered for a new senior citizen center. Mr. Murray
indicated that Community Development Block Grant funding is
available for the design of a center. He stated that
Hagerstown Community College (HCC) has agreed to provide a
site for construction of the center. Commissioners Wivell
and Baker expressed support for the HCC location.
Commissioner Aleshire stated that he feels the senior
citizens should have input on the location since it is not
located geographically near a large portion of the seniors.
Commissioner Kercheval indicated that he does not feel the
Board has had adequate discussion on the viability of this
site for seniors or alternative locations for a senior
center on the HCC campus, and feels that more discussion
needs to take place on the possibility of a site located
adjacent support the proposed site. Susan MacDonald,
Executive Director of the Commission on Aging, and William
Beard, Chair of the Board, met with the Commissioners and
indicated that the seniors want a safe place, on one level,
that has adequate parking. Ms. MacDonald stated that she
feels it is a visionary idea to place the senior center on
a community college campus. She also noted that with the
new Hospital and Robinwood Medical Facility being in same
area, it would become a destination for seniors. Ms.
MacDonald indicated that transportation could be provided
from the downtown area.
JUNE 16, 2009
PAGE FOUR
Motion made by Commissioner Wivell, seconded by Baker, to
accept the site proposed by the Hagerstown Community
College Board of Trustees for construction of a new senior
citizens center and to proceed with funding the design of
the center with CDBG grant funds. Motion carried with
Commissioners Wivell, Baker, Aleshire, and Barr voting
“AYE” and Commissioner Kercheval voting “NO.”
APPROVAL OF ZONING TEXT AMENDMENT RZ-09-004 – SMALL WIND
ENERGY SYSTEMS AND SOLAR COLLECTION SYSTEMS
Kirk Downey, Assistant County Attorney, reviewed the
revisions made to Text Amendment RZ-09-004 – Small Wind
Energy Systems and Solar Collection Systems, which were
proposed during the deliberations at the June 2, 2009
meeting. The Commissioners discussed each of the revisions
outlined and made further changes to the final language.
Motion made by Commissioner Wivell, seconded by Baker, to
approve Text Amendment RZ-09-004 – Small Wind Energy
Systems and Solar Collection Systems as proposed with the
removal of item 4.24(b) – abandonment, to become effective
this date. Motion carried with Commissioners Wivell,
Baker, Aleshire, and Barr voting “AYE” and Commissioner
Kercheval voting “NO.”
LOCAL ECONOMIC BOOST DISCUSSION
Greg Murray, County Administrator, stated that the
Commissioners agreed during budget deliberations to earmark
$1 million for an economic stimulus program for businesses
to boost employment. Rob Ferree, Deputy Director of
Economic Development Commission (EDC); Greg Larsen,
Business Development Manager for the Hagerstown Regional
Airport; Tim Henry, Chair of the EDC Board; and Debra
Everhart, Director of the City of Hagerstown’s Economic
Development Office, were in attendance. Mr. Ferree
reviewed the recommendations made by EDC for the program.
A two-tiered program is being proposed and he reviewed the
criteria for each tier. Tier I would require the creation
of one full-time position for a three-year period and Tier
II required that 10 full time positions be created and
retained for a three-year period or involve the capital
investment of $1 million. The meeting was opened for
discussion. The Commissioners suggested several changes
and requested additional information from County staff.
The Commissioners agreed that they were not interested in
including retail businesses. The Commissioners requested
that the proposed policy be brought back for further
discussion after the revisions are made and the information
requested has been reviewed.
CONVENE IN CLOSED SESSON
Motion made by Commissioner Aleshire, seconded by Baker, to
convene in closed session at 5:01 p.m. to discuss the
appointment, employment, assignment, promotion, and/or
compensation of appointees, employees, or officials over
whom it has jurisdiction; to discuss personnel matters that
affect one or more specific individuals; to consult with
staff, consultants, or other individuals about pending or
potential litigation; 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 Kercheval, seconded by Baker,
to reconvene in open session at 5:35 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; discussed 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; William Sonnik, Director of Human
Resources; Joe Kroboth, Director of Public Works; and Gary
Pozzouli, Project Inspector.
JUNE 16, 2009
PAGE FIVE
RECESS
The Commissioners recessed at 5:35 p.m.
EVENING SESSION – TOWN OF SMITHSBURG
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 7:00
p.m. at the Smithsburg Town Hall by President John F. Barr
with the following members present: Vice President Terry L.
Baker, and Commissioners Kristin B. Aleshire, and William
J. Wivell. Commissioner Kercheval was absent.
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 – JUNE 2, 2009
Motion made by Commissioner Aleshire, seconded by Baker, to
approve the minutes of June 2, 2009. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
The Commissioners reported on the activities they
participated in during the week.
CITIZENS’ PARTICIPATION AND TOWN OF SMITHSBURG CONCERNS
Mayor Myers suggested that a traffic warning be provided
for emergency vehicles at the intersection of Maryland
Routes 64 and 66 if development occurs at that location.
She asked about the progress on a traffic signal near the
school complex. Councilman Martin stated that he feels the
Commissioners should consider a single-stream recycling
facility. He also asked about an invoice received relating
to the Smithsburg Branch of the Washington County Free
Library.
Several citizens from the Mondell Road area appeared before
the Commissioners to express concerns regarding a situation
in Fair Acres Subdivision off Mondell Road. They stated
that they do not believe the Weed Control Ordinance
is being property enforced.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Baker, to
adjourn at 8:30 p.m.
____________________________
County Administrator
____________________________
County Attorney
________________________
County Clerk