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HomeMy WebLinkAbout050111 January 11, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:30 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. 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 – DECEMBER 21, 2004 & JANUARY 6, 2005 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of December 21, 2004, as amended. Unanimously approved. Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of January 6, 2005, as presented. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” CERTIFICATE OF MERIT – TINA RUPERT Commissioner Snook presented a Certificate of Merit to Tina Rupert, Administrative Assistant in the Department of Public Works, for voluntarily coordinating Casual Day events for County government for more than four years. He stated that during 2004, County employees donated $6,651 to local causes and charities, 1,100 pounds of food to Food Resources, toys for the Toys for Tots program, and a vanload of coats for Coats for Kids. Ms. Rupert thanked the Commissioners for the certificate. CITIZENS’ PARTICIPATION There was no one present who wished to participate. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the awards banquets for the Williamsport Volunteer Ambulance Company and the Halfway Volunteer Fire Company. She reported on the meetings of the Historical Advisory Committee and the Recreation & Parks Board. Commissioner Nipps informed the Commissioners that North Hagerstown High School is moving forward with plans to construct a new track and that Program Open Space (POS) funds designated for this project would not be needed. She asked for approval to reallocate the POS funds from the North High Track reconstruction project to the Hancock Middle/High School Track Reconstruction project. Motion made by Commissioner Kercheval, seconded by Wivell, to approve the reallocation of $49,429 in Program Open Space funds from the North Hagerstown High School track reconstruction project to the Hancock Middle/High School track reconstruction project. Unanimously approved. Commissioner Wivell stated that he attended the University Systems of Maryland (USM) key turning ceremony and thanked the Cascade Committee for organizing the premiere of the documentary “The Ritchie Boys” at Fort Ritchie. He informed the Commissioners that he met with Hagerstown Police Chief Art Smith and architect Brent Feight regarding the proposed central booking facility. He asked that City officials be invited to the next meeting when the project is being discussed. Commissioner Wivell commended Dan DiVito, Director of Permits and Inspections for addressing several citizens’ issues so promptly. Commissioner Kercheval informed the Commissioners that the Public Golf Corporation recommended that Dale Beard be appointed to the Board to fill an existing vacancy. He reported on the Planning Commission meeting and related details about the cluster subdivision approved off of Wright Road. Commissioner Kercheval asked that more frequent updates be given on the progress of the County’s approved goals during the year. He stated that he and Commissioner Snook met with representatives of the Westfields subdivision to discuss the proposed school site. Commissioner Kercheval also reported that he and Commissioner Wivell met with the JANUARY 11, 2005 PAGE TWO Agricultural Land Preservation Advisory Board regarding preservation programs. Motion made by Commissioner Kercheval, seconded by Wivell, to appoint Dale Beard to the Board of Directors of the Public Golf Corporation for a three-year term. Unanimously approved. Commissioner Snook informed the Commissioners that he received a press release announcing that Home Depot would be expanding its distribution facility. He reported that he attended the Chamber of Commerce Board meeting. Commissioner Snook indicated that he received notification that the State Highway Administration has approved the functional classification of County roads as submitted by the Planning Department. He reminded the Commissioners that he would be speaking at the local chapter of the Maryland Municipal League on January 24 regarding the Adequate Public Facilities Ordinance. Commissioner Snook reported that the Board of Public Works has approved the request to reallocate $35,000 in Program Open Space monies designated for the lighting project at Martin L. Snook Park to the reconstruction of walkways and paths at Snook Park. He stated that he also attended the USM key turning ceremony and requested a copy of their marketing study. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided an update on the Ford Drive and Tollgate Road Bridge projects. He stated that the Broadfording Road Bridge reopened on January 4 and will close again June 1 through September 30 to complete the remaining portion of the project. Mr. Rohrer noted that many sites are shut down because of early freeze and thaw. Mike Thompson, Director of Planning, informed the Commissioners that the Environmental Protection Agency has voided the Early Action Compact process due to inaccurate reporting information submitted by the state of Virginia. The report will have to be corrected and resubmitted. Dave Hankinson, Director of Human Resources, informed the Commissioners of four vacancies that need to be filled and asked for their approval to advertise to fill these positions. Motion made by Commissioner Nipps, seconded by Munson, to approve advertising to hire two (2) full-time Emergency Communications Specialists in the Department of Emergency Services, a part-time Gaming Inspector in the Gaming Office, and a Maintenance Equipment Operator I at the Highways Department. Unanimously approved. Debbie Bastian, Director of Finance, informed the Commissioners that the billings for the new State “flush tax” would go out this month. She estimated the total amount that would be sent to the State and the breakdown of the number of septic systems versus those on the public sewer system. Ms. Bastian stated her office is preparing to refinance several solid waste loans that are scheduled to be on the agenda next week for approval. SERVICE REQUEST PROCEDURES – PERMITS & INSPECTIONS DEPARTMENT Michael Thompson, Director of the Planning Department; Kathy Kroboth, Zoning Coordinator; and Chris Nicholson, Inspector, met with the Commissioners to review the revisions made to the service request procedures for zoning violations. He stated that at the December 21 meeting, the Commissioners requested changes to the procedures for handling citizens’ complaints. Mr. Thompson explained that the revisions include giving the violator thirty (30) days or more to comply with the Zoning Ordinance, and generating a new service request as a repeat violator. Mr. Thompson also provided examples of the Field Correction Notice and citation form that the zoning inspector would be using. The Commissioners discussed the revised Service Request Procedures. Commissioner Kercheval asked that the service request procedures be included in writing with the field correction notice and that the procedures also be placed on the County’s web site. He stated that the department should also make the violators JANUARY 11, 2005 PAGE THREE aware of the appeal process. On the recommendation of the County Attorney, the Commissioners agreed to the attachment of a brochure to be prepared by the Permits and Inspections Department, advising those served with field correction notices with pertinent information concerning the procedures and their appeal rights, in lieu of a copy of the Service Request Procedures themselves. Commissioner Snook asked that they report back in six months to review how the process is working. Motion made by Commissioner Nipps, seconded by Munson, to approve the Service Request Procedures for zoning violations, as amended, for use by the Department of Permits and Inspections. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” REZONING MAP APPLICATION RZ-04-002 (JOANNE, DOUGLAS AND PATRICIA LEAZIER) Richard Douglas, County Attorney, reviewed map amendment RZ-04- 002, submitted by Joanne, Douglas, and Patricia Leazier to rezone the subject property from A-Agricultural to BG – Business General. Mr. Douglas stated that the Planning Commission recommended granting the rezoning based upon a determination that there had been a substantial change in the character of the neighborhood and that the request was logical, appropriate, and consistent with the Comprehensive Plan. The Commissioners discussed the application and indicated that they felt the rezoning from Agricultural to Business General was appropriate and logical and agreed with the Planning Commission’s findings. Commissioner Kercheval noted that there had been nine rezonings from residential to commercial in the immediate area in recent years, the clear pattern was toward continuing urbanization, the subject property was already surrounded by BG-zoned properties on three sides and the fourth side was only partly residential. He also noted that the highway infrastructure was well-suited to commercial development, the property was designated for commercial use on the Land Use Policy map, and that the rezoning requested would be consistent with the Comprehensive Plan. They also agreed that it would be compatible with adjacent properties already zoned “BG” and, since it is within the Urban Growth Area, it was designated to receive urban-type development. They also found that there was more than ample evidence of a substantial change in the neighborhood. Mr. Douglas indicated that he would develop the findings of fact and articulation of reasons for the decision for the Commissioners in order to vote on the application at next week’s meeting. The Commissioners then discussed the procedures for rezoning hearings. Commissioner Snook stated that legal counsel has advised that they discontinue the procedure of allowing written comments to be submitted for ten (10) days after the hearing, recognizing that counsel for the parties may at times be permitted to submit memoranda with legal argument following the hearing as opposed to additional testimony. The Commissioners also discussed whether to limit the number of cases per hearing, the time period for comment, and whether it would be advisable to hold a hearing separate from that held by the Planning Commission. The Planning Commission would then make a recommendation to Board of County Commissioners prior to their hearing on the case. Commissioner Kercheval suggested that they continue to allow 10 days for public comment, with the comments then being submitted to the applicant and allowing them 30 days to respond to the comments. Richard Douglas, County Attorney, advised him that the problem with written submissions after the fact, is that they are not given under oath or subject to cross-examination. The Commissioners discussed several alternative styles for the hearing and agreed to schedule additional time to discuss the matter in order to establish a consistent process. Mr. Douglas stated that he might contact several land use attorneys to get comments from them. Mr. Thompson expressed concern that the deadline for the joint hearing in March is next week, and he would like to notify the applicants if there is a new process for the hearings. RECESS – LUNCH The Commissioners recessed at 12:07 p.m. for lunch. JANUARY 11, 2005 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:00 p.m. by President Gregory I. Snook, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. (Commissioner Wivell arrived at 1:16 p.m.) GIS SUBCOMMITTEE FINAL REPORT Bud Gudmundson, GIS Coordinator, appeared before the Commissioners to provide the final report from the Geographic Information Systems (GIS) Sub-committee and its conclusions and recommendations with regard to this data. He introduced the members of the sub-committee who were in attendance. Mr. Gudmundson outlined the following goals of the study and presented the following conclusions and recommendations: 1) Create a GIS Office in the Information Technology Department (Enterprise GIS). 2) Retain a consultant to write specifications for an implementation plan. 3) Continue with the ad hoc GIS Sub-committee to guide the process. 4) Form a County GIS User Group after the implementation plan is approved to replace the GIS Sub-committee. 5) Create an executive committee to provide policy direction. 6) Form a community GIS committee to include representatives of the private sector as well as county government agencies. Mr. Gudmundson stated that this report does not cover the costs and funding alternatives of the recommendations. He indicated that a GIS Office in the IT Department would require a GIS Manager, GIS Database Administrator, and GIS Analyst at a minimum. The central GIS Office would coordinate and administer the whole, but the user departments would perform the work required on their data layers and produce the output for their needs. He asked for the Commissioners’ support and endorsement of the report. Mr. Gudmundson indicated that a consultant to study the data and develop a plan would cost approximately $20,000. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Kercheval, to endorse funding of a consultant report on the GIS plan for the County with funding to be taken from the Commissioners’ Contingency Fund. Motion carried with Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” PRESENTATION OF CERTIFICATES OF MERIT – DOROTHY WATERS & MARIANNE SCHNEIDER Commissioner Kercheval presented Certificates of Merit to Dorothy Waters and Marianne Schneider in recognition of their years of services on the Washington County Board of Elections. The Commissioners offered them certificates of their dedicated services and in appreciation for their contributions. Ms. Waters has served on the Election Board for 11 years and Ms. Schneider for 5 years. STATUS OF REVISIONS – HIGHWAY ADEQUACY POLICY Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to review the status of the revisions to the County Highway Adequacy Policy. Mr. Rohrer stated that he and Mr. McGee met with representatives of the Washington County Homebuilders Association (HBA) to review the draft. He outlined the key issues raised by the HBA and stated that most were resolved during the discussion. However, some of the suggestions require additional research. Mr. Rohrer stated that the remaining issue relates to the County’s recommendation to increase the minimum pavement width from 18 feet to 20 feet with the exception of “agricultural parcels conveyed to immediate family members.” They stated that they hope to bring this item to the Board for adoption in the next few weeks. The Commissioners reviewed the policy and discussed the issues involved. They thanked Mr. Rohrer for the update. BID AWARD – RUNWAY 2-20 OBSTRUCTION REMOVAL Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for Runway 2-20 obstruction removal at the Hagerstown Regional JANUARY 11, 2005 PAGE FIVE Airport to The Dirt Express Company, which submitted the lowest responsive, responsible bid of $190,435. The FAA share of the cost is 90% through Grant 27, the State share is 5%, and the County share is 5%. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE RESOLUTION - RUGGED MOBILE DATA NOTEBOOK COMPUTERS – PERMITS & INSPECTIONS Motion made by Commissioner Wivell, seconded by Munson, to authorize the Permits & Inspections Department to purchase eleven (11) rugged mobile data notebook computers from GTSI Corporation, needed for the implementation of Accela Wireless for the total cost of $47,828 through U.S. Communities contract #RQ03-605674-16A in accordance with the terms and conditions of that contract and approve the corresponding resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:46 p.m. to discuss a personnel matter, consult with counsel to obtain legal advice, and consider matters that concern proposals for businesses or industrial organizations 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to reconvene in open session at 4:36 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice on one (1) matter, 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, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission (EDC); Robin Ferree, EDC Business Development Specialist; Doug Wright, Chair of the EDC Board; Robert Garver, Regional Office of the Department of Business & Economic Development; Michael Thompson, Director of Planning; Carolyn Motz, Airport Manager, Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; Phil Ridenour, Special Operations Administrator; and Gary Rohrer, Director of Public Works. RECESS The Commissioners recessed at 4:36 p.m. DINNER – CLEAR SPRING TOWN COUNCIL The Mayor and Town Council of Clear Spring hosted the Commissioners for a dinner at the Clear Spring American Legion prior to the evening session. EVENING SESSION – TOWN OF CLEAR SPRING The evening session was called to order at 7:00 p.m. at the Clear Spring Library by President Gregory I. Snook, with the following Commissioners present: Vice President Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present were Hancock Mayor Daniel Murphy and Council member Greg Yost; Clear Spring Mayor Paul Hose, and Council members Gary Grove, Steven Blickenstaff, and Mason Mundey. TAX SETOFF – HANCOCK AND CLEAR SPRING Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. Commissioner Snook stated that, for fiscal year 2005, Hancock would receive $47,886. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook stated that the Town of Clear Spring would receive the minimum payment of $2,000. JANUARY 11, 2005 PAGE SIX Commissioner Snook informed the town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He stated that the Town might also want to piggyback onto the County’s overlay contract. He urged the towns to adopt an Adequate Public Facilities Ordinance or something similar to the County’s Ordinance to address school capacity issues caused by growth in the towns. The Commissioners also outlined the difference between the APFO and the excise tax and the need for both in proper growth management. The meeting was then opened for questions and discussion on the APFO and proposed excise tax legislation. The Commissioners stated that County staff would be available to discuss the APFO in more detail if they desire. The Commissioners then discussed items of interest to the town officials and citizens in the area. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 7:45 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk