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HomeMy WebLinkAbout031118 November 10, 2003 Hagerstown, Maryland JOINT PUBLIC HEARING – REZONING CASES RZ-03-003 & RZ-03-006 and WC-03-002 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning cases RZ-03-003, RZ-03-006 and WS- 03-002. Case WS-03-003 was tabled as requested by the applicant, the Corporation of Keedysville. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Paula Lampton. Also present at the hearing were County Commissioners William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps and Planning Commission members Donald Ardinger, Bernie Moser, Benjamin Clopper, and George Anikis. After presentations and public testimony were heard, it was announced that the record would remain open for ten (l0) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 8:00 p.m. __________________________, County Administrator , County Attorney __________________________, County Clerk November 18, 2003 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 Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval and John C. Munson. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Kercheval, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 28 & NOVEMBER 4, 2003 Motion made by Commissioner Kercheval, seconded by Wivell, to approve the minutes of October 28, 2003, as amended, and November 4, 2003, as submitted. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson reported that the Fire & Rescue Communications Advisory Committee meeting had been cancelled. He provided his recommendations on the composition of a task force to consider equity issues for the adopted Comprehensive Plan. The Commissioners agreed to schedule time on the December 2 agenda to discuss this issue in more detail. Commissioner Wivell informed the Commissioners that he attended the Peoples Choice Awards, the Veterans’ Day ceremony at Smithsburg American Legion, and the open house for the CSL Athletic League at the gymnasium at Fort Ritchie. He stated that he met with the group concerned with the regulation of billboards and asked for additional information. Commissioner Wivell also reported on the meetings of the Economic Development Commission and the Water Quality Advisory Commission. He informed the Commissioners that the Smithsburg Library Board is sponsoring a Christmas Open House at the Old Stone Mill in Edgemont as a fundraising activity for the new branch library. Commissioner Kercheval stated that he attended the People’s Choice Awards, the Economic Summit sponsored by the Chamber of Commerce, and the Clear Spring High School Veterans’ Day Ceremony. He reported on the meetings of the Economic Development Commission, the Public Golf Corporation, and the Tri-County Council. He stated that he also attended a joint meeting between the Board of Education and the Washington County Delegation to the General Assembly and a meeting with the group concerned about billboards regulation. NOVEMBER 18, 2003 PAGE TWO Motion made by Commissioner Kercheval, seconded by Wivell, to authorize Black Rock Golf Course to use their cash reserves to pay for new tee markers, which are estimated to cost $9,000, to be repaid in accordance with the County’s Cash Reserve Policy. Unanimously approved. (Commissioner Nipps arrived at the meeting at 9:00 a.m.) Commissioner Snook stated that he attended Emergency Preparedness Day, the Maryland’s Most Wonderful Citizens awards ceremony, the grand opening of the new Goodwill Industries facility, and a meeting on the possible franchising of technology. He informed the Commissioners that the group on franchising would be making a presentation to Board in January. Commissioner Snook also reported on the meetings of Tri-County Council and the Foreign Trade Zone Committee. Commissioner Nipps reported on the Historic District Commission meeting and the Recreation & Parks Board field trip. She stated that she attended the People’s Choice Awards and the Chamber of Commerce’s Community Impact Awards ceremony. Commissioner Nipps informed the Commissioners that she would be attending the Women’s Legislative Reception in Annapolis tomorrow. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, informed the Commissioners that he met with officials of Washington County Hospital regarding a computer problem the Hospital is having billing the emergency medical service companies. The Commissioners agreed that the 90-day trial period with the Hospital would not begin until the computer problem is resolved. Mr. Kroboth stated that the FEMA reimbursement application has been completed for Hurricane Isabel and that approximately $100,000 is due to the County. Gary Rohrer, Director of Public Works, informed the Commissioners that the Radio Communications Committee had finalized the request for proposal. Debra Bastian, Director of Finance, stated that the Debt Affordability Report is complete and that she will review it as part of the budget process. Ms. Bastian informed the Commissioners that the financial statement is now on the County’s website. She indicated that the final settlement on the bond refunding issue from the Department of Water Quality would be scheduled in early January. The staff will then begin working on refinancing of the landfill loans. Ms. Bastian stated that she scheduled a meeting with Al Martin, Director of Finance for the City of Hagerstown regarding tax setoff or differential. She also noted that the FY 2005 operating budget request forms have been sent out to County departments. ADEQUATE PUBLIC FACILITIES ORDINANCE REVISIONS – ARTICLE V Gary Rohrer, Director of Public Works, appeared before the Commissioners to discuss the proposed revisions to Article V (Schools) of the Adequate Public Facilities Ordinance (APFO). Mr. Rohrer indicated that the staff has not had adequate time to review all of the comments submitted in writing and feels that additional time is needed to review them. The Commissioners agreed to hold a workshop session on November 25 to sort through the issues that need to be resolved. Mr. Rohrer stated that there are three areas that should be addressed which include the possible modification of the appeal process, the process for addressing inadequacy in schools, and whether to provide for a “cap” on the number of permits and how this process would work. Mr. Rohrer expressed concerns about developers using the appeal process in an attempt to receive a waiver through the “extraordinary hardship” exemption. Richard Douglas, County Attorney, explained that he does not believe that the appeals process can be eliminated for one section of the Ordinance. He also pointed out that deletion of the appeals section the ordinance as proposed would not eliminate the right to appeal as it NOVEMBER 18, 2003 PAGE THREE appears in the enabling statute. After discussion, the Commissioners agreed to include this item in the workshop and consider various options. Mr. Rohrer reviewed the Board of Education’s suggestion to assess developers for middle and high schools if an elementary school is considered to be inadequate. He also noted that one variable is the assessment for renovation costs as opposed to construction costs. Mr. Rohrer stated that he is aware that the Commissioners have a wide variety of individual views regarding whether to place a “cap” on the number of permits and feels this issue needs to be discussed in more detail. He also indicated that the workshop should include a discussion regarding lots of record. Mr. Rohrer asked if he should wait until the APFO Schools Section is resolved to execute any additional developer agreements. Commissioner Snook stated that they would take that under consideration. BID AWARD – DESIGN OF CELL 3 AT FORTY WEST LANDFILL Motion made by Commissioner Munson, seconded by Nipps, to award the contract for the design of Cell 3 at the Forty West Landfill to EA Engineering, Science, and Technology, Inc., which submitted the lowest responsive, responsible bid of $73,020. Unanimously approved. VACANT POSITIONS – HIGHWAY DEPARTMENT Gary Rohrer, Director of Public Works, and Ted Wolford, Highway Superintendent, met with the Commissioners to request that five vacant positions at the Highway Department be filled. He stated that the following positions are currently vacant: Group Leader, MEO II (Southern Section) and three MEO I positions (two in the Central Section and one in the Western Section). Mr. Wolford reported on the impact the vacancies would have on his department. Mr. Rohrer proposed that the Group Leader position be downgraded to a MEO III classification prior to advertisement. He stated that the positions are budgeted positions and are critical to the efficiency of the snow removal operations and the successful implementation of the new 12-hour shifts. He also indicated that the vacancies would also result in 5 pieces of snow removal equipment remaining idle. Rodney Shoop, County Administrator, informed the Commissioners that the State estimated an increase in highway user funds in FY 2005. The Commissioners discussed the matter and asked for status report on the FY 2004 budget. Motion made by Commissioner Nipps, seconded by Munson, to approve the recommendation to fill the five vacant positions at the Highway Department, as outlined. Unanimously approved. UPDATE ON CENTRAL BOOKING CONCEPT Sheriff Charles Mades and Capt. Douglas Mullendore met with the Commissioners to provide an update on the proposal to seek legislation for funding for a centralized booking facility. They reviewed drawings for phases 1 and 2 showing how the current area could be reconfigured and space assigned for central booking. They also addressed staffing needs to operate the facility. Capt. Mullendore stated that central booking is an economical and efficient system for holding, identifying and processing arrestees. He informed the Commissioners that these facilities have been operating in the metropolitan areas for nearly a decade. Sheriff Mades explained that the basic concept allows for a streamlined system for processing arrestees since police, corrections and court officials are located in a single facility. He stated that it also minimizes the duplication of resources as well as downtime and overtime for the officers by eliminating the need for arrestees to be transported to processing sites. Captain Mullendore informed the Commissioners that there are also drawbacks to the proposal. He indicated that the police and corrections do not share a computer network. The Sheriff’s Office and Hagerstown Police Department both utilize the Keystone CAD system; however, precautions must be taken to allow guarded information to remain secure. The estimated impact of the cost of implementing central booking is estimated at $2 million and $500,000 to maintain operations. It is also presumed that central booking would increase the inmate population NOVEMBER 18, 2003 PAGE FOUR at the Detention Center. Captain Mullendore recommended that each agency using the facility sign a Memorandum of Understanding outlining the responsibilities and obligations of all parties and equitably distribute the fiscal obligations. The meeting was then opened for discussion and questions. The Commissioners discussed funding sources for the project and whether the State would commit financial assistance for construction. They also discussed operational costs and how to equally distribute these costs among the various agencies. The Commissioners authorized the Sheriff to submit the architectural plans and other documentation to the State Department of Public Safety to ascertain if funding is available for the project. CITIZENS PARTICIPATION Laura Parrish, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 15-16, 2004 and asked that the County support the event by providing a law enforcement escort, insurance coverage, assistance through Hagerstown, and a small amount of copy services and postage. Motion made by Commissioner Wivell, seconded by Nipps, to approve funding from the Commissioners’ Contingency Fund to pay overtime costs for two Sheriff’s deputies for the National Pike Festival on May 15-16, 2004, copy services, and insurance coverage for the event. Unanimously approved. John Himes asked about current density requirements for zoning in his area. He expressed the need to have a traffic signal placed at the intersection of U.S. Route 340 and Valley/Keep Tryst Road and had questions regarding several other traffic- related issues. Taylor Lemkull expressed concerns about the intersection at Millpoint Road and Route 68. Commissioner Snook stated that he would have the Transportation Advisory Committee review the situation. CERTIFICATE OF MERIT - ORLYN C. OESTEREICH Commissioner Snook presented a certificate of merit to Orlyn C. Oestereich in recognition of his outstanding service as a member and chairperson of the Washington County Gaming Commission and commended him for his leadership and dedication. The Commissioners offered their appreciation to Mr. Oestereich for the contribution of his time to improve the quality of life for citizens of Washington County. Mr. Oestereich thanked the Commissioners for the certificate and stated that it has been a pleasure to serve Washington County. BID AWARD – VEHICLE EXHAUST COLLECTION AND SHOP VENTILATION SYSTEM Motion made by Commissioner Munson, seconded by Nipps, to award the contract for the vehicle exhaust collection and shop ventilation system for the Highway Department to M.S. Johnston Co., Inc., which submitted the lowest responsive, responsible lump sum bid of $47,000 to include Alternate No. 1 – Automatic Carbon Monoxide Detector System, Alternate No. 4 – Pressure Controlled Automatic Exhaust System, and Alternate No. 6 – Single Exhaust Stack “Cane Adapter” for the total award of $53,400. Unanimously approved. UNITED WAY/COMMUNITY HEALTH CHARITIES INCENTIVE DRAWING The Commissioners then drew names to determine the winners of the incentive prizes for the 2003 United Way campaign. Rodney Younger and Steve Prior were the winners of two tree stands and Robert Davenport won the wildlife print. Farmers & Hunters Feeding the Hungry donated all three of these items. Janet Moats, Carolyn Motz, and David Hankinson were the winners of the gift certificates at the Valley Mall. Rodney Shoop, County Administrator, thanked Tina Rupert for serving as the United Way chairperson for 2003. RECESS - LUNCHEON AT HIGHWAY DEPARTMENT The Commissioners recessed at 11:05 a.m. in order to attend a luncheon at the Eastern Section facility of the Highway Department. NOVEMBER 18, 2003 PAGE FIVE TOUR OF JAMISON DOOR COMPANY The Commissioners met with John Williams, Chairman of Jamison Door Company, to tour the facility, which has been manufacturing cold storage doors in Washington County since 1906. AFTERNOON SESSION The afternoon session was called to order at 2:03 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. COUNTY ADMINISTRATOR’S COMMENTS Mr. Shoop stated that the Wage and Salary Review Committee would present its recommendations to the Board in December. PROPERTY TAX ASSESSMENT APPEALS BOARD - RECOMMENDATIONS Motion made by Commissioner Nipps, seconded by Wivell, to submit the names of Richard Grimm, Fred Kramer, John Martin, and William Feuerstein to the Maryland Secretary of Appointments for consideration for appointments to the two vacant positions on the Property Tax Assessment Appeals Board. Unanimously approved. INCENTIVE – COUNTY COMMUTER It was the consensus of the Commissioners to approve using $2,500 from the Commissioners Contingency for the County Commuter to provide free ridership for three days as an incentive program. ANNUAL PUBLIC TRANSPORTATION GRANT FUNDING APPLICATION – FY 2005 Motion made by Commissioner Munson, seconded by Kercheval, to approve the resolution authorizing the Maryland Transit Administration to file an application for a Section 5307, 5311 and/or 5307 grant under the Federal Transit Act for operational and capital funding for the Public Transportation Department for fiscal year 2005. The local match required is $417,000 for the Urban Transportation Program, $20,900 for ADA Paratransit, and ten percent of approved capital procurements. Unanimously approved. APPOINTMENT – HOUSING AUTHORITY OF WASHINGTON COUNTY Motion made by Commissioner Munson, seconded by Nipps, to appoint Richard Keesecker to the Housing Authority of Washington County for a five-year term. Unanimously approved. ECONOMIC DEVELOPMENT COMMISSION UPDATE Tim Troxell, Executive Director of the Economic Development Commission (EDC), presented the EDC activity report. Also in attendance for the presentation were EDC staff members Stephen Christian, Cassandra Latimer, Sonja Hoover and Linda Spence, as well as EDC Board members Douglas Wright, Charles Shindle, Frank Erck, and Gerald Hoak. Mr. Troxell stated that the County currently has a 3.7% unemployment rate. He informed the Commissioners that national indicators show that the economy starting to demonstrate strong signs of strength and that both the manufacturing sector and economy grew in the last quarter. Mr. Troxell provided statistics on Maryland’s economy. He informed the Commissioners that, at the local level, prospect activity is increasing and that the County had over $170 million in new investments for 2003. He also provided information on the Choices in Colleges and Careers event and the Broker’s Tour. The Commissioners discussed the presentation and thanked the EDC staff for their hard work. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:34 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with counsel to obtain legal advice, consider the acquisition of real property for a public purpose and matters directly related thereto, and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10- 508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. NOVEMBER 18, 2003 PAGE SIX RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Munson, to reconvene in open session at 4:48 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters that affect one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, considered the acquisition of real property for a public purpose and matters directly related thereto, and considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas; County Attorney; John Martirano, Assistant County Attorney; Duane Gigeous, Part- time Assistant County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Greg Murray, Director of the Water Quality Department; Chris Ishler; Richard Rook, Executive Director of the PenMar Development Corporation (PMDC) and PMDC Board members Ronald Sulchek, John Hershey, and William Mahr; Greg Hare, Maryland Department of Business & Economic Development; Tim Troxell, Executive Director of the Economic Development Commission (EDC); EDC staff members Cassandra Latimer, Stephen Christian, Sonja Hoover, and Linda Spence; and EDC Board members Douglas Wright, Charles Shindle, Frank Erck, and Gerald Hoak . REAPPOINTMENT – WATER QUALITY ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to waive the two-term limit policy and reappoint Bonnie Parks to the Water Quality Advisory Commission for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Munson, to adjourn at 4:50 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk