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HomeMy WebLinkAbout08.24.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 24, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 1:15 p.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. PUBLIC HEARING - (FCO -09-001) FOREST CONSERVATION ORDINANCE A hearing was convened at 1:15 p.m. by President Barr to obtain public comment on the proposed Forest Conservation Ordinance (FCO). Mike Thompson, Planning Director, and Bill Stachoviak, Environmental Planner -Planning Department recommended adoption of the text amendments and a revised fee resolution to the FCO. Mr. Thompson stated that the proposed draft brings the Ordinance up to current standards as specified in new legislation. Mr. Stachoviak reviewed the amendments to the FCO and answered questions from the Commissioners. Commissioner Barr opened the hearing for public comment. Sally Hatch, 1201 Jefferson Boulevard, Hagerstown, stated that she opposes the payment in lieu option and urged the Commissioners to be creative with funds and reforestation efforts. Jim Laird, 1903 Maplewood Drive, Hagerstown, President of the Citizens for the Protection of Washington County (CPWC), commented on the payment in lieu option and felt that it was overused by developers. Elmer Weibley, Manager -Washington County Soil Conservation District, indicated that environmentally minded citizens are very concerned about forestation in Washington County. He suggested that the County take time to work with the Department of Natural Resources, the Conservation District, building community, and citizens to look further into the issue. Jason Divelbiss, 12916 Conamar Drive, Hagerstown, Real Estate Attorney for many commercial property owners, commented on impervious surface exemption areas. The public hearing was closed at 2:17 p.m. Commissioner Aleshire expressed concern with once more having to delay further the adoption of the Ordinance as proposed and he recommended that the Board adopt the Ordinance as presented to remain compliant with State law and avoid takeover of the program by the State. Commissioner Kercheval indicated that he supported Elmer Weibley's suggestion to delay approval of the Ordinance and form a Committee to review August 24, 2010 Page 2 options and suggestions discussed today and then report back to the Commissioners. It was the consensus of the Commissioners to obtain names of interested persons and organizations with assistance from Mr% Weibley and form a review committee that would report back to the Commissioners. It was determined to approve the makeup of the committee at next week's meeting. SCHOOL MITIGATION PROPOSAL — RYE FIELD ESTATES Planning Director Mike Thompson introduced a request for approval of school mitigation for "Rye Field Estates", as set forth under Section 9.1 of the Adequate Public Facilities Ordinance (APFO). Mr. Thompson provided details on the proposal by the Applicant - Antietam Pines, III, LLC - to pay $47,639.00 ($2,802.00 per lot) over and above the excise tax applicable at the time of permitting. The planned development would contain seventeen single-family residential lots located on the east side of Stottlemyer• Road. Washington County Public Schools (WCPS) has determined that if approved, the Greenbrier Elementary School would be rated over capacity despite future student redistricting plans. Jason Divelbiss, attorney for the Applicant, discussed the proposal with the Commissioners and the calculations used to arrive at the cost per lot. Commissioner Aleshire expressed concern that the proposal would not relieve overcrowding, even after redistricting, and that acceptance of the mitigation fee was an arbitrary exercise of an APFO that needs comprehensive revision. Commissioner Kercheval, seconded by Baker, moved to approve the Applicant's request for school mitigation under the provisions of Section 9.1 of the APFO for $4000.00 per lot (17 lots), with the developer to be required to submit at least the first phase of the proposed development to the County for approval within six months, contingent upon the Applicant's acceptance of the County's proposal. Mr. Thompson suggested the option of stipulating that a certain number of lots could be developed within a certain number of years; if not, the Applicant would return for review/mitigation. Commissioner Kercheval declined to amend his motion. The motion passed with Commissioners Kercheval, Baker, and Barr voting "AYE" and Commissioners Alesbire and Wivell "NO". WASHINGTON COUNTY MUSEUM OF FINE ARTS - CAPITAL PROJECT UPDATE Rebecca Massie Lane, Director -Washington County Museum of Fine Arts (Museum), Brad Pingray, President, and Thomas Newcomer, Treasurer -Board of Trustees, presented an update on the Museum's Central Courtyard enclosure project. Mr. Newcomer discussed the $300,000.00 loan given by the Commissioners on December 15, 2009 and reported that $1,900,000.00 has been raised for the project through State and private donations. The Museum Board is requesting that the County forgive $150,000.00 of the interest-free loan by granting that amount back to the Museum in support of the capital project. The Commissioners discussed various methods to assist the Museum with its request. August 24, 2010 Page 3 Commissioner Kercheval, seconded by Wivell, moved to grant $100,000.00 from the Hotel Rental Tax Fund to the Washington County Museum of Fine Arts and reduce the original loan amount from $300,000.00 to $200,000.00, with the loan amount to be under the previously agreed upon terms (5 year loan at zero (0%) percent interest). The motion passed with Commissioners Kercheval, Wivell, and Baker voting "AYE", Commissioner Aleshire "SIO", and Commissioner Barr "ABSTAIN", due to philanthropic involvement. STORMWATER MANAGEMENT. GRADING. SOIL EROSION AND SEDIMENT CONTROL ORDINANCE - ADOPTION Joe Kroboth, III, Public Works Director, recommended that the Commissioners adopt the proposed Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance (Ordinance) with amendments suggested earlier by the Board. Mr. Kroboth indicated that two public hearings were previously held and that the Soil Conservation District Staff worked in conjunction with County Staff to bring forth the Ordinance as drafted. The Commissioners debated a proposed change in the Ordinance that would set the maximum graded slope of private driveways at 15 percent. Commissioners Aleshire and Kercheval proposed approving the Ordinance with removal of the driveway slope limitation. Commissioner Kercheval, seconded by Aleshire, moved to adopt the proposed Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance with the recommended changes from staff listed in today's agenda packet. Assistant County Attorney Andrew Wilkinson requested that the motion also include the repeal of the Stormwater Management Ordinance and the Soil Erosion and Sediment Control Ordinance now in effect. Commissioner Kercheval amended the motion for its inclusion as requested and Commissioner Aleshire seconded. The motion failed with Commissioners Kercheval and Aleshire voting "AYE", Commissioners Baker and Wivell "NO", and Commissioner Barr "ABSTAIN". The Commissioners further discussed the issue and the consensus was to remove the section regarding 15 percent maximum grading in order to move forward with the adoption of the Ordinance. Conmiissioner Kercheval, seconded by Aleshire, moved to adopt the proposed Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance with recommendations 1-15 as listed in today's agenda packet, with the exception being the removal of Section 4.4.5 dealing with the maximum grade on a driveway, and to also repeal the Stormwater Management Ordinance and the Soil Erosion and Sediment Control Ordinance now in effect. The motion passed with Commissioners Kercheval, Aleshire, and Barr voting "AYE" and Commissioners Baker and Wivell "NO". (Ordinance No. ORD -2010-13 is located in the County Commissioners' Office) COUNTY ADMINISTRATOR'S COMMENTS County Administrator Greg Murray distributed a notebook compiled by his office which summarizes the missions, goals, and accomplishments of County departments. He briefly August 24, 2010 Page 4 reviewed the contents, which also include Commissioner Term Goals, and advised that the goals would be discussed next week during the regularly scheduled meeting. Greg Murray informed the Commissioners of the efforts being made to publicize the need for members on County Boards and Commissions. Mr. Murray also thanked Brian Lynch, President -Antietam Cable, for making the Commissioners' meetings available for viewing on its "Video on Demand" service, beginning today. Mr. Murray informed the Commissioners that the option to move forward to partner with a regional waste energy facility operation was now available. He described the methodology that would be used in a planned facility in Frederick County. Mr. Murray recommended that the Commissioners send a letter of interest to the Frederick County Board of Commissioners regarding a future partnership in the facility, which is proposed to be in operation within 4-5 years. Commissioner Wivell, seconded by Aleshire, moved to send a letter of interest to partner with a regional waste energy fuel source operation in Frederick County as described. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Aleshire, moved to convene in closed session at 4:38 p.m. to discuss the appointment, employment, assignment, promotion, 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 matters that concern proposals for businesses or industrial organizations 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. The motion passed unanimously. In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, 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 matters that concern proposals for businesses or industrial organizations 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 M. Martirano, County Attorney, Kirk C. Downey, Assistant County Attorney , and at various times Tim Troxell, EDC Director; Rob Ferree, EDC Deputy Director; Robert Mandley, EDC Marketing Specialist; Dan DiVito, Director -Permits & Inspections Director; Mike Thompson, Planning Director; Carolyn Motz, Airport Director; Greg Larsen, Airport Business Development Manager; William Sonnik, Human Resources Director; and Ronald Whitt, IT Director. August 24, 2010 Page 5 EVENING MEETING — TOWN OF KEEDYSVILLE President John F. Barr called the evening session of the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 7:08 p.m. at Keedysville Town Hall, 19 South Main Street, Keedysville, with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. 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 — August 10, 2010 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of August 10, 2010. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Baker thanked the citizens for turning out this evening. He noted that he has been contacted by a local Veterans' Association requesting relief of landfill fees. The Commissioners discussed the dilemma of deciding which organizations in the County would receive reductions and there was no consensus to grant any requests at this time. Commissioner Aleshire thanked the town for hosting the Commissioners' meeting. Commissioner Kercheval reported on the "Augustoberfest" event held in Hagerstown last weekend. He attended the recent Lobbying Coalition meeting and noted that action items would be discussed later in the meeting. He informed the Commissioners that he was present at the Planning Commission meeting where Urban Growth Area (UGA) rezoning was discussed. Commissioner Kercheval also reported on the Black Rock Golf Board meeting, stating that revenue was up for July over last year. He mentioned concerns regarding aging course irrigation infrastructure problems that will need to be upgraded in the future. Commissioner Wivell offered a welcome to citizens in attendance. Commissioner Barr thanked the Mayor and Council for the opportunity to meet in the Town. He reported attending the annual summer convention held in Ocean City last week sponsored by the Maryland Association of Counties (MACo). Mr. Barr described the informative seminars that he attended. He noted that Washington County Schools Superintendent Elizabeth Morgan addressed the attendees along with State Superintendent Nancy Grasmick. August 24, 2010 Page 6 MAYOR AND COUNCIL COMMENTS Keedysville Mayor Matt Hull welcomed the Commissioners to the Town. Mayor Hull thanked the County for its assistance in the Town, particularly with several water projects being performed. He introduced Town Administrator Rick Bishop. OTHER BUSINESS ADDointments to Countv Boards and Commissions Local Manaeement Board Commissioner Kercheval, seconded by Baker, moved to appoint Samuel Key to a first, full three-year term as a Community Representative on the Local Management Board, retroactive to June 30, 2009 and extending through June 30, 2012. The motion passed unanimously. Electrical Board of Examiners and Supervisors Commissioner Wivell, seconded by Kercheval, moved to reappoint Charles Shindle, Sr. to the Electrical Board of Examiners and Supeivisors to represent fire departments, and to reappoint Mitchell Gladhill to represent utility companies, for two-year terms through June 30, 2012. The motion passed unanimously. Commissioner Wivell, seconded by Kercheval, moved to reappoint Tim Fields as a member -at -large on the Electrical Board of Examiners and Supervisors for a two-year term through June 30, 2012. The motion passed with Commissioners Wivell, Kercheval, Baker, and Barr voting "AYE" and Commissioner Aleshire "NO". Countv Administrator's Comments County Administrator Greg Murray thanked the Town for the warm welcome and the positive comments about working with County Staff on various Town issues. He informed the audience that meetings of the Commissioners are now available for viewing through Antietam Cable's free "Video on Demand" service. Reports from Countv Staff Public Works Mark Bradshaw, Deputy Director -Environmental Management Engineering, requested approval of a budget transfer of $390,600.00 from the Mt. Aetna Water System — Replacement of Water Lines LIN 037 line item to the Mt. Aetna Water Source LIN 024 line item. Mr. Bradshaw detailed that the two projects were combined into one for construction purposes. Commissioner Aleshire, seconded by Kercheval, moved to approve the request as presented. The motion passed unanimously. Mr. Bradshaw also requested a budget transfer of $90,200.00 for I & I Rehabilitation Project LIN 035. He explained that a water line collapsed on Beckley Avenue before an anticipated State grant of $100,000.00 could be obtained, so the repair and rehabilitation August 24, 2010 Page 7 projects were performed together, two years earlier than scheduled. Greg Murray stated that contingency funds are on hand for such occurrences. Commissioner Aleshire, seconded by Wivell, moved to approve the request as presented. The motion passed unanimously. Sheriff Sheriff Douglas Mullendore informed residents that the Sheriffs Department would be holding a prescription drug turn -in program this Saturday at the Himes Store in Brownsville where citizens could safely dispose of unwanted and expired medications. He also noted that his department would be hosting an identify theft program at the Valley Mall on October 23. Free document shredding will be offered and the donation of canned goods for the local food bank is encouraged. Emereencv Services Kevin Lewis, Director -Emergency Services, introduced Eric Yates, a paramedic stationed at the Roluersville Station (First Hose Company of Boonsboro) who began work yesterday on South County Unit 1820. CITIZENS PARTICIPATION County resident Henrietta Livelsberger thanked the Commissioners for providing the Advanced Life Support system in South County. LAND ACOUISITION — SOUTH COUNTY TOWER SITE Joe Kulma, Real Property Administrator, and Joe Kroboth, Public Works Director, requested permission to close negotiations for the acquisition of a site for the South County Tower. Mr. Kuhna recommended that the Conunissioners proceed with the purchase of an approximately one -acre property for $80,000.00, located on the west side of Brown Road in Sandy Hook. The Commissioners discussed the details of purchasing the property and the process that must be followed in placing a tower there. Pete Loewenheim, Communications Maintenance Manager, explained the course of action set by Federal Communications Commission guidelines. Mr. Loewenheim stated that the tower would be 190 feet tall. Commissioner Kercheval, seconded by Aleshire, moved to authorize the Real Property Administrator to close negotiations and approve the acquisition of a site for the South County Tower as described in today's agenda packet for $80,000.00. The motion passed unanimously. (Ordinance No. ORD -2010-14 is located in the County Commissioners' Office) DISCUSSION - COMMUNITY LOBBYING COALITION INITIATIVE County Administrator Greg Murray introduced a discussion of potential action items for the Community Lobbying Coalition, whose members include Washington County, the City of Hagerstown, Chamber of Conn erce, Washington County Free Library and several August 24, 2010 Page 8 other organizations. Commissioner Kercheval and Aleshire have attended several Coalition meetings and were asked to provide feedback on action items from the Board. Commissioner Kercheval stated that he believes success in the past has come as the result of going to Annapolis as one voice. The Commissioners discussed their positions on various action items suggested at previous Coalition meetings as well as some new items. Commissioner Kercheval agreed to forward the Board's position to the Coalition at the next meeting in September. By consensus, the Conunissioners proposed that the following be listed as priority items: • State funding to Assist the Eastern Boulevard Phase 1 Project • State Money for Infrastructure or Equipment for an Aviation Maintenance Program at the Hagerstown Regional Airport • Need for Maryland Department of Transportation to Take the Lead on Route 340/Keep Tryst Road Congestion • Projects Supporting Science, Technology, Engineering & Mathematic (STEM) Initiatives or Cyber Security Jobs • Restoral of the County's Portion of Highway User Revenue • Priority Watch List Items Include: o Protecting the Operating Funds for the University System of Maryland - Hagerstown Campus o Protecting Washington County Gaming Funds from State Control o Preventing the State from Passing the Cost of Teacher Pensions Back to the County o Protecting HCC's CIP Project List for State Funding The Commissioners also agreed by consensus to support: • Money for a Development Plan and Feasibility Study of Mt. Aetna Farms • Money for a Development Plan and Feasibility Study of an East End Project in Hagerstown Including the Former Hospital Site • Expansion or the Protection of the Educational Footprint in Downtown Hagerstown • Statewide Database of Foreclosed Commercial Properties The Commissioners agreed by consensus to oppose any changes to the current formula allocation of the County's Hotel Rental Tax Fund. The Commissioners agreed by consensus to remain neutral at this time on the remaining issues brought forward by the Coalition. Greg Murray asked those in attendance to feel free to suggest other legislative issues that may be proposed by Washington County. Commissioner Kercheval stated that the Coalition wants to reach out through the Maryland Municipal League for issues needing addressed by municipalities. August 24, 2010 Page 9 Mr. Murray noted that the Council of Government meetings are being held regularly. Mayor Hull reminded all of the annual Keedysville Ruritan Festival to be held in the Town this Saturday. ADJOURNMENT Commissioner Aleshire, seconded by Wivell, moved to adjourn the meeting at 8:46 p.m. The motion passed unanimously. CoAty Admi sl County Attorney < 1 �4 UM County Clerk