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HomeMy WebLinkAbout040810 August 10, 2004 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, John C. Munson, and Doris J. Nipps. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 8:30 a.m. to discuss a personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, discuss public security, upon a determination that public discussion would constitute a risk to the public or to public security, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Munson, to reconvene in open session at 9:03 a.m. Unanimously approved. In closed session, the Commissioners discussed one (1) matter that affects a specific individual and discussed public security, upon a determination that public discussion would constitute a risk to the public or to public security. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; and Joe Kroboth, Director of Emergency Services. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JULY 20 & 29, 2004 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of July 20 and 29, as amended. Unanimously approved . COURT HOUSE RENOVATION PROJECT – JUDGE FRED WRIGHT, III Judge Fred Wright met with the Commissioners to thank them publicly for awarding the contract for the Court House renovation project. He stated that elected officials often don’t receive the thanks they deserve. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on the meeting of the Community Action Council Board of Directors. She stated that she attended Ag Expo and congratulated Commissioner Kercheval on winning the goat-milking contest against Delegate Shank at the Expo. Commissioner Munson reported on the meetings of the Agricultural Education Center Board and the Solid Waste Advisory Committee. Commissioner Wivell reported that the PenMar Development Corporation Board met and received the news that the unaudited financial statement shows that they finished the 2004 budget year with a $180,000 surplus. Commissioner Kercheval reported on the Planning Commission meeting. He stated that he attended an event hosted by Senator Munson to promote vineyards in Washington County. Commissioner Kercheval informed the Commissioners that Councilman Hendershot has extended an invitation to them to attend a display on Civil War medicine at the Western Maryland Center on August 14. He stated that he also attended the event honoring Willie Mays sponsored by the Hagerstown Suns. Commissioner Snook stated that he received correspondence from the Maryland Environmental Service notifying the County that there is insufficient funding to implement the scrap tire program this year. He indicated that the Commissioners would need to set aside time to discuss the issue. Commissioner Snook stated that a letter was received from the AUGUST 10, 2004 PAGE TWO Maryland Department of the Environment (MDE) regarding the delegation of enforcement of erosion and sediment control. Gary Rohrer, Director of Public Works, indicated that he would respond to MDE on behalf of the County. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, stated that the Maugansville Volunteer Fire Department recently found that their tanker fire apparatus had serious problems with rust in the framework. He indicated that the company is seeking funding through the Maryland State Firemen’s Association Emergency Trust Fund to replace the vehicle. However, a requirement of application is that they must go before their local elected officials to request a contribution of up to $5,000 and that must be submitted with the application. The Commissioners discussed the request. They took into consideration that the Maugansville Fire Company is the first due company for the Airport. Commissioner Wivell expressed concerns that they must be consistent with requests of this type made by the volunteer companies. Motion made by Commissioner Munson, seconded by Nipps to authorize a contribution of $5,000 from the Commissioners’ Contingency Fund to support application of the Maugansville Goodwill Volunteer Fire Company for the replacement of a 1974 fire tanker. Unanimously approved. Dave Hankinson, Director of Human Resources, requested authorization to fill three vacancies at the Highway Department: Maintenance Equipment Operator I, Maintenance Equipment Operator II, and a Part-time Office Associate. Motion made by Commissioner Nipps, seconded by Munson, to approve the request made to fill the following vacancies at the Highway Department: Maintenance Equipment Operator I, Maintenance Equipment Operator II, and a Part-time Office Associate. Unanimously approved. Dan DiVito, Gaming Director, announced that the Gaming Commission recently distributed a total of $2,832,000 to charitable, non-profit organizations as well as the Volunteer Fire & Rescue Association. He also introduced Jim Hovis who was recently hired as the Department’s first Gaming Inspector. PRESENTATION OF GOING FOR THE GOLD CERTIFICATES Jim Cannon, representing the Continuing Education Division of HCC, and Commissioner Snook presented plaques to employees who completed the “Going for the Gold” management and office support courses that were co-sponsored by the Division of Human Resources Training Office and the Continuing Education Division of Hagerstown Community College (HCC). The following employees received Government Supervisory Management Certifications: Kenny Carrier, John Mellott, Earle Pereschuk, Kenny Rickett, Jennifer Swisher, Phil Ridenour, Bill Dean, Kevin Knight, Ricky Martz, Dave Ebersole, Homer Spradlin, and Vicky McKenzie. The Commissioners also presented a certificate to Linda Spence who received certification in Office Support Management. The Commissioners commended and congratulated the employees for their commitment to education and continuing improvement. LAND ACQUISITION – HAGERSTOWN REGIONAL AIRPORT Phil Ridenour, Special Operations Administrator, met with the Commissioners to discuss the acquisition of additional land at the Hagerstown Regional Airport. Mr. Ridenour introduced Mahesh Kukata, of the URS Consulting Firm, and Bill LaTulip, representing O.R. Colan, who are working with staff on the project. Mr. Kukata recommended the acquisition of two properties currently located within the Runway 2-20 Runway Protection Zone (RPZ). The properties are located at 14578 Pennsylvania Avenue and 0.45 acres of vacant land adjacent to that property. These properties are owned by Conrad Martin and can be purchased by fee-simple acquisition for $339,000. They also recommended the fee simple acquisition of 0.73 acres of vacant land at 14511 Byers Road, which is needed to accommodate the Runway 9-27 extension. This property is owned by Richard Byers, and he has agreed to sell the AUGUST 10, 2004 PAGE THREE property for $25,000. The FAA and MAA would fund 95% of the acquisition costs, and the AIP grant funds are in place for the purchases. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Kercheval to approve the recommendation to the fee simple purchase of the following properties which are needed to accommodate Runway 2-20 and 9-27 at the Hagerstown Regional Airport: 1) 14578 Pennsylvania Avenue – 0.93 acres with brick house and adjacent vacant lot (0.43 acres) owned by Conrad Martin for $339,000, and 2) 14511 Byers Road – 0.73 acres of vacant land from Richard Byers for $25,000. Unanimously approved. GRANT AGREEMENT – CONTROL AND ERADICATION OF NOXIOUS WEEDS Motion made by Commissioner Wivell, seconded by Nipps, to approve the grant agreement with the State of Maryland Department of Agriculture for the control and eradication of noxious weeds. Unanimously approved. RELOCATION OF COMMUNITY FREE CLINIC Robin Roberson, Program Director of the Community Free Clinic, and Michael Barnes, member of the Board of Directors, appeared before the Commissioners to discuss the relocation of the clinic from West Franklin Street to Mill Street. Ms. Roberson outlined the Clinic’s plan to move on October 1 and discussed how it would benefit their patients. She stated that the move was made possible through the gift of an anonymous donor. The meeting was then opened for questions. Mr. Barnes stated that the Board would kick off its capital campaign in October. The Commissioners thanked them for coming to make this announcement. CITIZENS PARTICIPATION Gary Rohrer, Director of Public Works, provided an update on the status of the Broadfording Road bridge project. Mr. Rohrer strongly encouraged the Commissioners to continue with the plan to repair the existing bridge rather than pursue construction of a new bridge. He explained that the County has been given permission by the State Highway Administration to negotiate with interested contractors and solicit price quotes. Mr. Rohrer stated that staff would make a recommendation after they receive the proposals. He stated that the staff has done everything possible to encourage participation by contractors and try to correct the situation. Mr. Rohrer indicated that the bridge is not structurally sound to open it to traffic until the renovations are complete. The Commissioners reviewed the history of the project and the reasons for the delays. They emphasized that they hope to have the bridge open for the public as soon as possible, but would not agree to open the bridge until repairs are complete. Twelve citizens from the Broadfording area spoke during Citizens’ Participation to express their concerns about the bridge closure. They also expressed concerns about the condition of the detour routes, the length of time the bridge has been closed, weight restrictions on the bridge, safety issues with regard to emergency services, and the historical nature of the bridge, among other issues. Rick Hockensmith asked the Commissioners to address the issue of the sewage spill by the City of Hagerstown’s Water Treatment Plant into the Antietam Creek. Mr. Hockensmith also voiced concerns about the motocross on a private residence near his home. He cited several safety issues regarding the riders and indicated that some were underage and driving on the County road. Several other residents of Wagaman Road expressed their concerns about the track being in a residential neighborhood and detailed other problems caused by the users of the track, including speeding, excessive noise, and the effect on a dairy farm in the area. Duane Gigeous, Part-time Assistant County Attorney, informed the residents that the staff is preparing a text amendment to clarify the Zoning Ordinance on this issue. Mr. Gigeous also directed the residents to contact the Maryland Department of the Environment, which enforces noise pollution restrictions until further action can be taken. He AUGUST 10, 2004 PAGE FOUR stated that he would contact the Sheriff’s Department regarding the problem. Laura Bowman, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 14-15, 2005 and asked that the County support the event by providing a law enforcement escort and allowing it to be included on the County’s event insurance coverage. Motion made by Commissioner Kercheval, 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 14-15, 2005 and insurance coverage for the event. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 12:09 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:01 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. REZONING TEXT AMENDMENT RZ-04-005 Michael Thompson, Director of the Planning Department, reviewed rezoning text amendment RZ-04-005, which was heard at a public hearing held on June 14, 2004. The proposed amendments related to Article 24, 26, and 28 of the Zoning Ordinance and would improve administration and enforcement of the Ordinance. Mr. Thompson explained that the proposed amendments would: 1) Improve enforcement with regard to junk and junk vehicles. 2) Allow the use of civil monetary penalties in connection with zoning violations, in addition to other existing remedies. 3) Allow the issuance of citations payable in District Court in a fashion similar to municipal infractions. 4) Update references from the former “Planning and Zoning Commission” to the current “Planning Commission.” and 5) Delegate zoning functions to the Zoning Administrator, while retaining planning functions in the Planning Commission. Mr. Thompson stated that the Planning Commission recommended approval of the text amendment. The meeting was then opened for further discussion and questions. Duane Gigeous, Part-time Assistant County Attorney, explained that several items, including the establishment of the fines and procedures, would be outlined in a resolution but would not be part of the Ordinance. He stated that they hope to have the resolution to the Commissioners for their review in the next 30 days. Commissioner Snook asked that the amendments be reviewed in six months. Motion by Commissioner Nipps, seconded by Kercheval, to approve Text Amendment RZ-04-005, as presented at a joint public hearing held June 14, 2004. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” PROPOSED ANNEXATION - GATEWAY CROSSING (CASE NO. 1-04-01) Mr. Thompson reviewed information regarding the proposed annexation of a 2.08 acre parcel designated as Gateway Crossing into the City of Hagerstown. He stated that the property is located on the south side of West Washington Street across from Park Avenue. Mr. Thompson explained that the property is currently zoned IG (Industrial General) and that the City is proposing to zone the property R-2 (Residential). The property is currently vacant; however, it is planned to be the site for 13 housing lots. Representatives from the City of Hagerstown were present to answer any additional questions from the Commissioners. Mr. Thompson stated that the Planning staff found the request to be inconsistent with the Comprehensive Plan for Washington County because the subject parcel would be placed “in a zoning classification which permits a land use substantially different from the use for the land specified in the current and duly adopted master plan...” Therefore, the “express approval” of the Board of County Commissioners is required or the development of the land would be prevented for a period of five years AUGUST 10, 2004 PAGE FIVE following annexation. The Planning staff is recommending that the Board grant “express approval” to the request to zone the property for residential use upon annexation to the City of Hagerstown as the use of the property would be consistent with the adjoining development in the City. The Commissioners discussed the request and agreed to grant their express approval in accordance with the statute. Motion made by Commissioner Nipps, seconded by Kercheval, to grant “express approval” to the request made by the City of Hagerstown to annex 2.08 acres of land located on the south side of West Washington Street known as Gateway Crossing (Case No. 1- 04-01), as the proposed zoning classification following annexation would permit a use that was found to be substantially different from the use specified in the County Comprehensive Plan for the property. Unanimously approved. WORK SESSION – COMPREHENSIVE RURAL AREA REZONING Michael Thompson, Planning Director, met with the Commissioners to discuss the recommendations of the Rural Rezoning Task Force to determine whether the rural area rezoning proposal should be amended to incorporate any or all of their recommendations. He stated that the Task Force was charged with making recommendations on the effects of proposed zoning changes on land equity and programs to complement the plan, lot exemptions for current property owners, lessening the impact on small property owners, and permitted uses in rural areas. The Commissioners then reviewed a summary of the recommendations made by the Task Force. Issue 1 – Effects on land equity and programs to complement the Comprehensive Plan. A.Density bonuses for desirable development and preservation practices B.Rural Planned Unit Development (PUD) overlay C.Increased funding for rural preservation programs D.Development of Installment Purchase Programs (IPP) and Transferable Development Rights (TDR) Issues 2 and 3 - Lot exemptions and lessening impact on small parcels. A maximum of five lots exempt from new zoning density standards. Issue 4 – Permitted uses in the rural areas. Revisions to Table of Land Use Regulations were noted on the exhibit attached to the report. Revisions to the definitions attached to the report. The Commissioners reviewed and discussed each item proposed by the Task Force. The Commissioners expressed their views on the recommendations. They also discussed possible incentives and the development of a transition zone from urban to rural areas. Commissioner Munson felt that there should be no changes made to the current regulations. The Commissioners agreed to continue discussions at the next meeting on August 24 and include the recommendations made by the Planning Commission. APPOINTMENT – HOUSING AUTHORITY OF WASHINGTON COUNTY Motion made by Commissioner Munson, seconded by Nipps, to appoint Margaret Fahrney to the Housing Authority of Washington County for a five-year term. Unanimously approved. RE/APPOINTMENTS – COMMISSION FOR WOMEN Motion made by Commissioner Nipps, seconded by Munson, to reappoint Claire Mumma and Ida Taylor to the Commission for Women for three-year terms, reappoint Maria Figueroa for a two- year term, reappoint Vikki Nelson and Kate Thompson for one-year terms, and appoint Vijay Kumar-Solanki for a three-year term. Unanimously approved. AUGUST 10, 2004 PAGE SIX ACCEPTANCE OF EMERGENCY SERVICES GRANT Motion made by Commissioner Munson, seconded by Kercheval, to accept the following grant awards for the Department of Emergency Services: 1) Maryland Institute for Emergency Medical Services – Nerve Agent Antidotes ($5,700); 2) Maryland Institute for Emergency Medical Services – Special Response Team Paramedics ($3,180); 3) Maryland Department of the Environment – LEPC Public Education ($10,000); 4) Governor’s Office for Service & Volunteerism – Special Needs Instruction ($2,400); 5) Maryland Emergency Management Agency – Terrorism Training/Equipment ($27,792.99); 6) Maryland Emergency Management Agency – Hazardous Materials Training ($3,500); 7) Maryland Emergency Management Agency – WMD Equipment ($668,038); 8) Maryland Emergency Management Agency – Emergency Planning ($81,250); 9) Maryland Emergency Management Agency – Law Enforcement Terrorism Prevention ($212,578.08); 10) Maryland Emergency Management Agency – Regional Communications ($107,593.54), and 11) Maryland Emergency Management Agency - Citizen Corps Program ($20,000). Unanimously approved. EMERGENCY MEDICAL SERVICES COORDINATOR Joe Kroboth, Director of Emergency Services, appeared before the Commissioners to request that they approve the creation of a new position to support the daily activities of the Emergency Medical Services (EMS) Operational Program and coordinate with the Volunteer Fire & Rescue Association (VFRA). He stated that he is proposing that this position be under County control rather than the VFRA as it currently exists to assure compliance with State and Federal regulations. This concept was presented to the VFRA on July 8 and they were given the opportunity to provide written comments. Mr. Kroboth informed the Commissioners of the negative impact that resulted when the Volunteer Fire & Rescue Association placed its EMS Management Specialist on administrative leave for eight weeks. He proposed that the position be placed at Grade 11 and indicated that he could fund the position this year through his existing budget. Tom Altman, President of the VFRA, stated that he does not feel that this position should be placed under County government. He outlined how the duties of the EMS Management Specialist were handled during her absence and indicated that he does not feel that there was a negative impact. Mr. Altman said that the VFRA can better provide this service because the position directly serves the member companies of the Association. The meeting was then opened for questions and discussion. Commissioner Snook asked that the VFRA place this item on its agenda for formal vote at its next meeting. The Commissioners took this item under consideration. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 4:02 p.m. to discuss personnel matters that affect one or more specific individuals, consult with counsel to obtain legal advice, discuss public security, upon a determination that public discussion would constitute a risk to the public or to public safety, including the deployment of fire and police services and staff, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Munson, to reconvene in open session at 4:40 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter that affects one or more specific individuals, consulted with counsel to obtain legal advice on one (1) matter, and discussed public security, upon a determination that public discussion would constitute a risk to the public or to public safety, including the deployment of fire and police services and staff. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; John Martirano, Deputy County AUGUST 10, 2004 PAGE SEVEN Attorney; Joni Bittner, County Clerk; Captain Doug Mullendore and Lieutenant Randy Wilkinson, Sheriff’s Department; and Gary Rohrer, Director of Public Works. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 4:40 p.m. Unanimously approved. , County Administrator _________________________, County Attorney ______________________, Clerk