Loading...
HomeMy WebLinkAbout040921 September 20, 2004 Hagerstown, MD 21740 JOINT PUBLIC HEARING – REZONING CASES RZ-04-007 & WS-04-003 - 005 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 case RZ-04-007 and Water and Sewerage Plan amendments WS-04-003, WS-04-004, and WS-04-005. The Commissioners agreed to postpone RZ-04-006 as requested by the applicant’s attorney. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Donald Ardinger. Also present at the hearing were County Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps and Planning Commission members Linda Parrish, Terry Reiber, Benjamin Clopper, Bernie Moser, and George Anikis. The public hearing was adjourned at 9:00 p.m. __________________________, County Administrator , County Attorney , Clerk September 21, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 a.m. by President Gregory I. Snook with the following members present: Commissioners James F. Kercheval, and Doris J. Nipps. 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 – SEPTEMBER 14, 2004 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of August 14, 2004, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees James Hastings and Todd Moore (Water Quality Department). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on the meetings of the Airport Advisory Commission and the Mental Health Authority. She stated that she was a presenter at a forum on low-income housing. Commissioner Nipps informed the Commissioners that she attended the Associated Builders & Contractors legislative dinner and expressed the concerns they have regarding the lack of uniformity in building code procedures between Washington County and the municipalities. Commissioner Kercheval reported on the Local Management Board meeting. He stated that he met with representatives of Great Outdoor Advertising regarding the possibility of switching sites for the billboard proposed for the Leitersburg Pike area. Commissioner Kercheval indicated that the company is interested in a site near the AC&T Convenience Store on the Sharpsburg Pike and asked the Commissioners whether they would consider this possibility. He stated that the City/County “2 + 2 Committee” met regarding water and sewer issues. Commissioner Kercheval informed the Commissioners that the Mental Health Advisory Committee is looking into an issue regarding funding for teachers at the Finan Center. Commissioner Snook stated that Black Rock Golf course would be hosting the Junior Golf Association Championship tournament this weekend. He informed the Commissioners that he toured North Hagerstown High School. SEPTEMBER 21, 2004 PAGE TWO Commissioner Snook stated that he participated in a joint photo shoot with the City and the Washington County Free Library to promote reading. He reported on the Transportation Advisory Committee meeting. Commissioner Snook informed the Commissioners that a letter was received from the Town of Boonsboro notifying the County that a hearing on a petition for annexation would be held on October 20. He stated that he also received a report from the Maryland Department of Planning evaluating the provision of emergency services during last year’s Hurricane Isabel. Commissioner Snook noted that the State Highway Administration would be holding a public hearing on October 6 regarding proposed improvements to Interstate 81. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, stated that the Emergency Operations Center was partially activated last week due to Hurricane Ivan. He provided an assessment of the damages that occurred in the County. Mr. Kroboth informed the Commissioners that weather surveyors from the National Weather Service toured the County last week. Gary Rohrer, Director of Public Works, provided an inventory of the roads and bridges that were damaged during the storm. David Hankinson, Director of Human Resources, requested approval to fill the following positions: 1) Collections Operator Trainee position at the Water Quality Department, 2) Maintenance Equipment Operator (MEO) I position at the Western Section of the Highways Department, and 3) Office Associate in the Emergency Services Department. Motion made by Commissioner Nipps, seconded by Kercheval, to authorize advertising to fill the following positions: 1) Collections Operator Trainee position at the Water Quality Department, 2) Maintenance Equipment Operator (MEO) I position at the Western Section of the Highways Department, and 3) Office Associate in the Emergency Services Department. Unanimously approved. Debra Bastian, Director of Finance, recommended that the municipalities be allowed to charge a two percent administrative fee for the collection of the Washington County building excise tax. She stated that a higher percentage could be considered if supporting documentation is presented. Ms. Bastian indicated that the State would only allow the counties to claim direct costs as administrative fees for the collection of the new State “flush tax.” After discussion, the Commissioners agreed to have the “2 + 2 Committee” review the issue before presenting it to the municipalities. YOUTH MERITORIOUS AWARD PLAQUE UNVEILING A plaque containing the names of all recipients of the Youth Meritorious Award was unveiled outside the Commissioners’ meeting room. A brief dedication of the plaque was made by the Commissioners and Community Outreach Committee of the Community Partnership for Children and Families. CITIZEN OF THE MONTH – SEPTEMBER 2004 – PETER THOMAS The Commissioners honored Peter Thomas as Citizen of the Month for September 2004 for the positive impact he has made on the well-being of the community. Commissioner Snook presented a proclamation to Mr. Thomas honoring him for serving 30 years with the Western Maryland Consortium and as its Executive Director since 1978. He stated that Mr. Thomas has worked successfully to establish public/private partnerships between local governments and businesses and has provided educational and job-training opportunities to over 22,500 unemployed or underemployed adults, youths, and dislocated workers. Mr. Thomas thanked the Commissioners for the proclamation and stated that it is rewarding to help citizens in need. CONTRACT AWARD – SCHOOL AGE AFTER SCHOOL PROGRAMS FOR YOUTH INTEGRATING SERVICES TO GENERAL AND SPECIAL NEEDS POPULATIONS IN WASHINGTON COUNTY Motion made by Commissioner Kercheval, seconded by Nipps, to award contracts to the Boys & Girls Club of Washington County in the amount of SEPTEMBER 21, 2004 PAGE THREE $44,580 and C-Safe – Washington County/Hagerstown in the amount of $42,720 from grant funding from the Governor’s Office of Children, Youth and Families for School Age After School Programs for Youth Integrating Services to General and Special Needs Populations. Unanimously approved. CITIZENS’ PARTICIPATION Tom Berry read a September 16 Article in the local newspaper regarding the sale of a business and the effect of the comprehensive rezoning on the property. He asked that the Commissioners consider his proposal that long-term owners of farms should be permitted to sell their property under same zoning rules as when they purchased it. COUNTY ATTORNEY ISSUES John Martirano, Deputy County Attorney, thanked the County Commissioners for the confidence they have shown in him and County employees for their support. Commissioner Snook stated that Mr. Martirano is a valuable asset to the community and the County, and that he is glad that he decided to remain with County government. BID AWARD – EMERGENCY REPAIRS TO HALFWAY BOULEVARD BRIDGE OVER UNDERPASS WAY Gary Rohrer, Director of Public Works, stated that on July 10 a trash container truck failed to lower its loading equipment and struck the Halfway Boulevard Bridge over Underpass Way, severely damaging two of the main support stringers. He indicated that costs would be recovered from the firm’s insurance company but that the County needs to proceed to have the bridge repaired. Motion made by Commissioner Kercheval, seconded by Nipps, to award the bid for emergency repairs to the Halfway Boulevard Bridge over Underpass Way to J. D. Eckman, Inc., which submitted the low responsive, responsible bid of $111,500. Unanimously approved. APPLICATION FOR TEXT AMENDMENT – WS-04-005 Michael Thompson, Director of the Planning Department, and Tim Lung, Senior Planner, reviewed the request from the City of Hagerstown for an amendment to the Water and Sewerage Plan (Case Number WS-04-005). The purpose of the amendment is to include in the text of Chapter Four, Existing and Planned Sewerage Systems, updated information concerning proposed upgrades and improvements to the Hagerstown wastewater treatment plant. The applicant has provided information that the proposed upgrade and improvements are needed to provide for the projected capacity needs of existing and future customers as well as to address the latest regulatory requirements. The proposed text amendment was heard at public hearing on September 20. The Planning Commission held a meeting immediately following the hearing to address the request. Mr. Thompson stated that the Planning Commission has recommended that the application be approved and that it is consistent with the County’s Water & Sewerage Plan. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt the Resolution to approve WS-04-005, submitted by the City of Hagerstown, to amend the Water and Sewerage Plan as recommended by the Planning Commission. Unanimously approved. S*T*O*P VAWA RURAL VICTIMS ASSISTANCE PROGRAM GRANT Motion made by Commissioner Nipps, seconded by Kercheval, to approve grant funding of $8,500 for the “S*T*O*P VAWA Rural Victims Assistance Program” designed to provide outreach to petitioners of protective orders, which was awarded to the Washington County Sheriff’s Office, as presented. Unanimously approved. AWARD OF COMMUNITY DEVELOPMENT FUNDS Tom Kline, Project Manager for the Washington County Community Partnership for Children and Families (WCCP), informed the Commissioners that they recently reviewed concept applications from the community for an award of $25,000 in Community Development Funds that are available to community-based organizations to promote State results for “Children Safe in Their Families and Communities,” “Healthy Children,” “Babies Born SEPTEMBER 21, 2004 PAGE FOUR Healthy,” “Children Successful in School” and “Communities Which Support Family Life.” Mr. Kline stated that the WCCP is recommending the award to the following programs: Boys & Girls Club - $8,454 for “Club Tech: Digital Arts Festival,” Public Schools - $5,676 for “Girl Power II,” Otterbein United Methodist Church - $1,200 for “Mothers of Preschoolers Program,” Walnut Street Community Health Center - $1,411 for “Winning Flossophy,” Girls Inc - $7,211 for “Parents Nights,” Hancock Police Department – $724 for “Stay Sober and Live,” and Interfaith Service Coalition, Inc. - $1,000 for “Adventures in Friendships.” Motion made by Commissioner Kercheval, seconded by Nipps, to approve the award of $25,000 in Community Development Funds as recommended: Boys & Girls Club - $8,454 for “Club Tech: Digital Arts Festival,” Public Schools - $5,676 for “Girl Power II,” Otterbein United Methodist Church - $1,200 for “Mothers of Preschoolers Program,” Walnut Street Community Health Center - $1,411 for “Winning Flossophy,” Girls Inc - $7,211 for “Parents Nights,” Hancock Police Department – 724 for “Stay Sober and Live,” and Interfaith Service Coalition, Inc. - $1,000 for “Adventures in Friendships” as recommended by the Washington County Community Partnership for Children and Families. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to convene in closed session at 11:15 a.m. to discuss personnel matters that affect one or more specific individuals, consult with counsel to obtain legal advice, and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Kercheval, to reconvene in open session at 11:50 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters that affect one or more specific individuals, consulted with counsel to obtain legal advice on one (1) matter, and considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were Commissioners Gregory I. Snook, James F. Kercheval, and Doris J. Nipps. Also present at various times were Richard Douglas, County Attorney, and Joni Bittner, County Clerk. RECESS – LUNCH The Commissioners recessed at 11:50 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:02 p.m. by President Gregory I. Snook, with the following members present: Commissioners James F. Kercheval, and Doris J. Nipps. COMPREHENSIVE RURAL AREA REZONING – INDIVIDUAL FORMAL REQUESTS TO REVIEW ZONING CHANGES Michael Thompson and Stephen T. Goodrich presented individual requests that were received after August 11, 2003 and/or during the public hearing time frame. The Commissioners reviewed 37 requests at the August 31, 2004 meeting. The requests being reviewed today are those on which the Commissioners wished to have additional discussion. The Planning Commission recommendations were included on the revised draft table distributed by Mr. Thompson. The Commissioners considered the requests that required further discussion and made the following determinations: - Todd & Melanie Draper (property located on Falling Run Road): Proposed Zoning - Environmental Conservation, Requested Zoning – Agricultural. The Commissioners agreed to support the Planning Commission recommendation. SEPTEMBER 21, 2004 PAGE FIVE - Bob & Mary Rotz (9924 Old National Pike): Proposed Zoning – Agricultural, Requested Zoning (Purchaser) – Rural Business. It was the consensus of the Commissioners to support the Planning Commission recommendation of Agricultural, which was also requested by the property owner. - Ralph & Teresa Shank (B/S Wagaman Road): Proposed Zoning – Agricultural, Requested Zoning – Inclusion in the Urban Growth Area (UGA). The Commissioners agreed to support the Planning Commission recommendation of Agricultural. - James & Bonnie Weddle (19027 Poffenberger Road): Proposed Zoning – Agricultural, Requested Zoning – Inclusion in the UGA. After discussion, it was the consensus of the Commissioners to support the property owner’s request to include the property in the UGA. - Eugene Hornbaker (15009 Falling Waters Road): Proposed Zoning - Environmental Conservation, Requested Zoning – Agricultural. The Commissioners agreed to support the Planning Commission’s recommendation. - Elmer & Andrew Stone (6134 Rohrersville Road): Proposed Zoning – Preservation, Requested Zoning - Inclusion in the UGA. After discussion, it was the consensus to support the Planning Commission’s recommendation to deny the request. The Commissioners then considered the following requests that were received after the public hearing that concluded on October 8, 2003: - Oscar & Gerald Hall (6777 Dam #4 Road): Proposed Zoning: Environmental Conservation, Request made: Conservation at 1:3. It was the consensus of the Commissioners to deny the request. - Thomas Sweeney (19555 Shepherdstown Pike): Proposed Zoning – Preservation, Requested Zoning – Agricultural at 1:1. The Commissioners denied the request. - Taylor & Pat Lemkuhl (19225 Lappans Road): Proposed Zoning – Environmental Conservation, Requested Zoning – Agricultural. The Commissioners agreed to support the request of the property owner for Agricultural zoning. - Richard P. Showe, Richard P. Showe II, & James r. Showe (14015 Spickler Road): Proposed Zoning – Agricultural, Requested Zoning – Agricultural at 1:1. The Commissioners denied the request. - Tamara Callas (17618 Taylor’s Landing Road): Proposed Zoning – Preservation, Requested Zoning – Agricultural at 1:1. The Commissioners denied the request. After discussion, the Commissioners agreed to schedule a public hearing on all 37 requests for October 18. Mr. Thompson reminded the Commissioners that a public hearing would be held on September 27 to review the changes to the text. HIGHWAY DEPARTMENT – WESTERN MARYLAND SECTION SUPERVISOR Motion made by Commissioner Nipps, seconded by Kercheval, to promote Ed Plank to fill the vacancy as the Western Highways Section Supervisor at the proposed annual salary of $42,000. Unanimously approved Motion made by Commissioner Nipps, seconded by Kercheval, to authorize advertising to fill the resulting Assistant Section Supervisor vacancy in the Southern Section of the Highways Department. Unanimously approved. SEPTEMBER 21, 2004 PAGE SIX CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to convene in closed session at 1:49 p.m. to discuss personnel matters that affect one or more specific individuals, consult with counsel to obtain legal advice, consider matters that concern proposals for businesses or industrial organizations to locate, expand or remain in the state, before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, as public discussion or disclosure would adversely impact the ability of the Commissioners to participate in the competitive bidding or proposal process, 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 Nipps, to reconvene in open session at 2:40 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, before a contract is awarded or bids are opened, discussed a matter directly related to a negotiating strategy or the contents of a bid or proposal, as public discussion or disclosure would have adversely impacted the ability of the Commissioners to participate in the competitive bidding or proposal process, 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, James F. Kercheval, and Doris J. Nipps. Also present at various times Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; and William Christoffel, Health Officer. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 2:40 p.m. Unanimously approved. , County Administrator , County Attorney _______________________, County Clerk