Loading...
HomeMy WebLinkAbout08.10.2010 Minutes AmendedBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 10, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:10 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — Aueust 3.2010 Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of August 3, 2010 with incorporated changes. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker made no comments. Commissioner Kercheval informed his fellow Commissioners that he participated in a Hagerstown -Eastern Panhandle Metropolitan Planning Organization (MPO) conference call regarding its personnel and internal organization. He attended the Big Slackwater Restoration and Groundbreaking event and thanked C & O Canal Superintendent Kevin Brandt, and State Secretary of Transportation Beverly Swaim -Staley for their assistance with the project. Mr. Kercheval indicated that the Lobbying Coalition met yesterday and discussed possible legislative initiatives, one being a review of the Eastern Boulevard corridor. He also reported that a local watch item was the protection of local government from shifting costs by the State. Commissioner Kercheval was present at the Emergency Services Council Board meeting. He noted that an emergency chase unit should be running a 24-hour service in the South County area beginning August 23 and that the Clear Spring chase unit has been in service now for approximately one year. (Commissioner Wivell at -rived at 9:18 a.m.) Commissioner Aleshire stated that he attended the Clear Spring Mayor and Council meeting where the County's public safety and environmental management personnel were thanked for overseeing water distribution during the major fire there last week. He attended a Lobbying Coalition meeting where the Board of Education and City of Hagerstown offered legislative items for discussion. Mr. Aleshire requested that the Commissioners meet soon to discuss possible items for the next legislative session. County Administrator Greg Murray stated that a discussion has been scheduled for next week. Commissioner Aleshire noted receipt of a letter from a citizen objecting to out-of-state residents and commercial entities using the County's recycling bins. Mr. Murray advised that there are presently no signs posted on the recycling bins limiting their use to in County or in State residents and there is nothing in place at this time that would prohibit such actions. He August 10, 2010 Page 2 noted that the recycling service is a fee -supported program and not a tax -supported one. Mr. Aleshire referenced comments made by Gerry Ditto concerning Transferable Development Rights (TDRs) and the Urban Growth Area during the County Commissioners' evening meeting held last week in Maugansville. He questioned the status of conditions placed upon the motion that was the original change in zoning classifications for non -urban areas and felt that Mr. Ditto had made a valid point. Commissioner Aleshire indicated that he received a letter from the Chapter 14 -Disabled American Veterans organization requesting a waiver of landfill fees. He also noted the receipt of two tort claim notices that are being handled by the County Attorney's Office. Commissioner Wivell reported that he was also present at the Big Slackwater Project kickoff. He noted comments made by Gerry Ditto during last week's evening meeting and requested that TDRs be part of the discussion for the Urban Growth Area (UGA) rezoning. Mr. Murray stated that the subject would be included in discussions regarding the Water Resources Element Plan that will be part of the UGA. Commissioner Bair reported that he addressed a program sponsored by the local chapter of the American Red Cross and the Shawnee Girl Scout Council, where Marguerite Cyr was honored as a Woman of Distinction for her lifelong accomplishments. Mr. Barr attended the public announcement with State Comptroller Peter Franchot and Commissioner Kercheval at Prime Outlets to kickoff the local tax-free initiative held this week. He noted that he gave an address during the Big Slackwater Project event and he displayed a commemorative wooden masonry trowel from the ceremony. Mr. Barr was present at the Walnut Street Community Health Center Open House and PenMar Board of Directors' meeting. He stated that the PenMar Community Center is doing well and that the installation of underground utilities and a cell phone tower will enhance service to the area. Commissioner Barr mentioned a Fort Frederick CD entitled "The Fort Ritchie Story" that he received. DISCUSSION OF AMENDMENT TO EXCISE TAX ORDINANCE Andrew F. Wilkinson, Assistant County Attorney, and Mike Thompson, Director -Planning Department opened a discussion of several options relating to the application of the doubling provision in the Building Excise Tax Ordinance. Mr. Wilkinson presented drafts of two options, 1) no excise tax doubling for any subdivision if the developer agrees to a phasing schedule, and 2) no excise tax doubling until a certain amount of residential permits are issued County -wide by the Permits Department. The Commissioners discussed several items to consider, such as permits issued versus permits applied for, how changes would tie-in with the Adequate Public Facilities Ordinance, and the estimated housing numbers that are announced each October. It was the consensus of the Commissioners to further discuss the options at a future meeting and incorporate some tenants that were proposed in the options. August 10, 2010 Page 3 CITIZENS PARTICIPATION Carroll Eaip, 20315 Ayoub Lane, Hagerstown presented a petition from residents of the Black Rock subdivision regarding low water pressure in the area, particularly in high elevations. He noted that the subdivision is not within Hagerstown City limits but is serviced by the City's water system. Residents would like the problem resolved, particularly after a recent house fire where firefighters experienced water pressure problems. He noted that a follow-up meeting with Hagerstown Mayor Robert Bruchey has been scheduled for September 1 at 3:00 p.m. NATIONAL GATEWAY PROJECT Tim Troxell, EDC Director, introduced Sharon Daboin, Vice President -Maryland State Government and Community Affairs, CSX Corporation. Ms. Daboin presented a PowerPoint program regarding the CSX National Gateway Project (Project) to enhance freight rail transportation between Mid -Atlantic ports and Midwestern markets. She indicated that the Project is a public-private partnership to create a more efficient rail route using double -stack trains, thereby reducing highway congestion and CO2 emissions, and would create jobs. REPORTS FROM COUNTY STAFF Human Resources William Sonnik, Human Resources Director requested permission to advertise to hire for several County positions. Commissioner Kercheval, seconded by Aleshire, moved to approve the change of two part-time 9-1-1 Emergency Communication Specialists, Grade 8, to full-time employment status. The motion passed unanimously. Commissioner Aleshire, seconded by Kercheval, moved to approve advertising to hire a full-time Motor Equipment Operator I (MEO I), Grade 6, in the Highway Department - Central Section. The motion passed unanimously. Commissioner Kercheval, seconded by Aleshire, moved to advertise to hue a full-time Highway Department -Eastern Section Assistant Supervisor, at Grade 11. Commissioner Wivell stated that he could not support the proposal at this time since there is a Supervisor present. The motion passed with Commissioner Kercheval, Aleshire and Barr voting "AYE" and Commissioners Wivell and Baker "NO". Commissioner Wivell, seconded by Aleshire, moved to advertise to fill a Property Planning/Fleet/Grants Coordinator position, Grade 10, in the Sheriff's Department due to a resignation. The motion passed unanimously. August 10, 2010 Page 4 WASHINGTON COUNTY GAMING COMMISSION'S ANNUAL REPORT AND ANNOUNCEMENT OF GAMING FUND RECIPIENTS FOR THE FISCAL YEAR 2010 FUNDING CYCLE James Hovis, Gaming Director, introduced the Board members present for the Gaming Commission (Commission) funding announcements for FY 2010: Michael Hansen, Commission Chairperson, and members Judith Ferro, R. Wayne Taylor, Donna Long, John Menard, Walter Bell, Paul Crampton, III, Greg Shank, and Larry Kessler. Mr. Hovis thanked the 118 clubs, restaurants, bars, taverns, and liquor stores for their participation in gaming activities and for observing the regulations. He discussed the process, beginning in February each year, by which applications are received, reviewed, and funds are distributed. Chairperson Hansen presented the Commission's annual report and announced that it would be distributing $2,010,106.75 - a decrease of 10% from FY 2009. He indicated that in compliance with the State statute, 50% of the funds collected, or $1,005,053.38, will be distributed to the Washington County Volunteer Fire and Rescue Association. The remaining $1,005,053.37 will be distributed to various charitable organizations in Washington County. Board members Walter F. Bell, Donna Long, Judith F. Ferro, and R. Wayne Taylor were recognized for their service on the Commission and each received a proclamation on behalf of the Commissioners. Representatives of various groups receiving gaming funds thanked the Commissioners and noted how funds would be used: Buck Browning (Boys and Girls Club); Janet Lung (Breast Cancer Awareness -Cumberland Valley Chapter); Dave Jordan (Community Action Council - CAC); Jodi Stock (REACH Caregivers); Wanda McGurl (Del. Andrew Serafini's Office); Rochelle Morrell (Children' Village); Harry Barger (Salvation Army); Susan McDonough (Commission on Aging); Marie Byers (Discovery Station); Vicki Sadehvandi (CASA); Ruth Anne Callaham (Food Resources); Todd Snook (Make -A -Wish Foundation); Rebecca Massie Lane (Washington County Museum of Fine Arts); Stephanie Stone (SAFE Place); Clifford Kurt (Mediation Center); Kim Murdaugh (Walnut Street Community Health Center); Nicole Houser (Washington County Teen Pregnancy Coalition); Michael Stanford (Community Free Clinic); Devlin Williams (League of Women Voters); Loretta Wright (Memorial Recreation Center); and Barb Jacob (Western Maryland Hospital Auxiliary). LUNCH RECESS The Commissioners recessed at 11:50.m. for lunch. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:11 p.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. August 10, 2010 Page 5 PROPOSED REPEAL, ENACTMENT AND ADOPTION Or VARIOUS WASHINGTON COUNTY BUILDING CODES Dan DiVito, Director, and Angela Smith, Deputy Director -Permits and Inspections Department, presented various codes for proposed repeal, enactment and adoption: • Adoption/Enactment of the Maryland Building Performance Standards, with local amendments (the International Building Code, the International Residential Code, the International Energy Conservation Code, 2009 Editions) • Repeal of the 2006 International Building Code, with local amendments, and the 2006 International Residential Code, with local amendments • Adoption/Enactment of the International Plumbing Code, 2009 Edition; the International Mechanical Code, 2009 Edition, and the International Fuel Gas Code, 2009 Edition, all with local amendments • Repeal of the 2006 International Phanbing Code, Second Printing, with local amendments, the 2006 International Mechanical Code, First Printing, with local amendments, and the 2006 International Fuel Gas Code, Second Printing, with local amendments • Adoption/Enactment of the 2008 National Elech'ical Code, with local amendments • Repeal of the 2005 National Elecb•ical Code, with local amendments Mr. DiVito detailed that since the July 6, 2010 Public Hearing, pursuant to the Commissioners' request, the provision for pull -dowry stairs for attic access has been removed. He noted receipt of an Attorney General's opinion, obtained through Delegate LeRoy Myers, stating that the residential sprinkler requirement could be amended by the County. Mr. DiVito advised that the 2009 Code Review Committee was reconvened and all but two members recommended leaving the residential sprinkler requirement in the Code update. He noted that the City of Hagerstown Council would be discussing the requirement tonight and that its staff has recommended leaving in the requirement. Mr. DiVito offered that the effective date could be changed due to poor economic conditions or a tax credit could be given to those who choose to install the sprinkler systems. The Commissioners were not interested in either of those options. Commissioner Barr suggested that an informative video about residential sprinkler systems be aired on Antietam Cable television and that the Permits and Inspections Department provide information on residential sprinkler systems to building permit applicants. Commissioner Kercheval, seconded by Wivell, moved to repeal and enact the following codes, effective as of September 1, 2010: 1) Repeal the 2006 International Building Code with local amendments, repeal the 2006 International Residential Code, with local amendments, and enact the Maryland Building Performance Standards, with local amendments, (the International Building Code, the International Residential Code, and the International Energy Conservation Code, 2009 Editions); with all of the local amendments that were approved by the August 10, 2010 Page 6 consensus of this Board, including the repeal of the mandate for residential sprinkler systems in residential housing. 2) Repeal the 2006 International Plumbing Code, Second Printing, with local amendments, and enact the International Plumbing Code, 2009 Edition, with local amendments, 3) Repeal the 2006 International Mechanical Code, First Printing, with local amendments, and enact the International Mechanical Code, 2009 Edition, with local amendments, 4) Repeal the 2006 International Fuel Gas Code, Second Printing, with local amendments, and enact the International Fuel Gas Code, 2009 Edition, with local amendments, and 5) Repeal the 2005 National Electrical Code, with local amendments, and enact the 2008 National Electrical Code, with local amendments. The Commissioners discussed the effective date. Commissioner Aleshire requested an addition to the motion stating that the 2009 Code Review Committee will commence a study to be presented to the Board by July 1, 2011, whereby residential sprinkler systems may be required under specific circumstances, within the Code. Commissi�or�� al ercheval declined the addition. The motion passed with Commissioners Kercheval; t�tMire, Baker, Ct 1 Ca tCEcC� and Barr voting "AYE" and Commissioner Aleshire "NO". (Ordinances ORD -2010-08, f1 vr, Gc ORD -2010-09, ORD -2010-10, ORD -2010-11, and ORD -2010-12 are located in the County Commissioners' Office) CONVENE IN CLOSED SESSION t Commissioner Baker, seconded by Wivell, moved to convene in closed session at 1:55 p.m. to discuss the appointment, employment, assignment, 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 organization to locate, expand, or remain in the State, and consult with counsel to obtain legal advice; in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed with Commissioners Baker, Wivell, Kercheval, and Barr voting "AYE", and Commissioner Aleshire "NO". In closed session, the Commissioners discussed the appointment, employment, assignment, 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; 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 were Gregory Murray, County Administrator; Vicki Lumm, County Clerk, John Martirano, County Attorney; and at various times Dan DiVito, Director -Permits & Inspections Department, and Tim August 10, 2010 Page 7 Troxell, EDC Director, Rob Ferree, EDC Deputy Director, and Robert Garver, Regional Development Representative -Maryland Department of Business and Economic Development. ADJOURNMENT Commissioner Aleshire, seconded by Wivell, moved to adjourn at 2:22 p.m. The motion passed unanimously. County Adrainistrf r 3_� tko'� County Attorney`' County Clerk