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HomeMy WebLinkAbout050719 July 19, 2005 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. 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 12, 2005 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of July 12, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps informed the Commissioners that she attended the ribbon-cutting ceremony for the Aviation Museum at Discovery Station. Commissioner Munson proposed that the funds from the sale of the old jail site ($87,500) be transferred to the pavement maintenance program as well as $1 million in FY 2005 surplus funds. The Commissioners discussed the proposal and agreed that they would prefer to wait until the FY 2005 audit has been completed before deciding how any surplus funding would be allocated. Commissioner Wivell stated that he was part of the group from Washington County that toured the Charles County central dispatch facility last week. He proposed that the County consider reducing the size of ads placed in the Herald Mail or utilize the County’s website to help reduce costs. Rodney Shoop, County Administrator, stated that the staff would investigate other options that could be utilized for legal and other advertisements. Commissioner Kercheval informed the Commissioners that he attended a meeting with Mayor Trump on behalf of Commissioner Snook. He reported on the meetings of the Economic Development Commission and Public Golf Corporation. Commissioner Kercheval stated that he attended the Metropolitan Planning Organization seminar regarding a proposed reorganization. He also attended the ribbon-cutting ceremony for the Aviation Museum. Commissioner Kercheval distributed information from a mobile home manufacturing company requesting that the Commissioners consider exempting mobile homes from the excise tax or utilizing the $1 per square foot rate that was approved for homes 1,500 sf or less. The Commissioners took this request under consideration. Commissioner Snook stated that he received notice from the State Highway Administration regarding improvement projects on Route 40 over Licking Creek and renovations at the U.S. Route 11 bridge over the Potomac River. He reminded the Commissioners that they have to appoint a review group for new school construction projects. The Commissioners agreed to discuss this matter at next week’s meeting. REPEAL OF MORATORIUM ON MAJOR NEW RESIDENTIAL DEVELOPMENTS OUTSIDE THE GROWTH AREAS Motion made Commissioner Munson, seconded by Kercheval, to repeal the Moratorium on Major New Residential Developments Outside the Growth Areas, retroactive to July 12, 2005. Unanimously approved. REPORTS FROM COUNTY STAFF Stephanie Stone, Director of the Department of Children & Families, informed the Commissioners that the Governor has ordered that Charles H. Hickey School be closed. She stated that this could have some impact on Washington County if they are directed to find placement for those juveniles who are being displaced. Ms. Stone invited the Commissioners to visit the Local Management Boards’ booth at the Maryland Association of Counties (MACo) Summer Conference. JULY 19, 2005 PAGE TWO Gary Rohrer, Director of Public Works, stated that the State Highway Administration is proposing to advertise in December 2006 for the project at U.S. Route 40 and Edgewood Drive. Dave Hankinson, Director of Public Works, introduced Ginger Krempa, new Account Manager for Blue Cross/Blue Shield who replaced John Lopez. Ms. Krempa invited the Commissioners to visit their booth at the MACo conference. Motion made by Commissioner Munson, seconded by Nipps, to approve the request to fill the Part-time Senior Office Associate position at the Agricultural Education Center. Unanimously approved. SALE OF SURPLUS PROPERTY – WEST CHURCH STREET Motion made by Commissioner Munson, seconded by Wivell, to approve the sale of the former Juvenile Detention Center property on West Church Street to Locks Unlimited for $87,500. Unanimously approved. GRANT AGREEMENT - THE CONTROL AND ERADICATION OF NOXIOUS WEEDS Motion made by Commissioner Nipps, seconded by Kercheval, to approve the grant agreement with the State of Maryland Department of Agriculture for the control and eradication of noxious weeds. Unanimously approved. Lane Heimer and Herb Baker distributed brochures and provided information about the Weed Control Programs. PUBLIC HEARING – SOLID WASTE MANAGEMENT AND RECYCLING PLAN UPDATE The public hearing to receive comments on the Solid Waste Management and Recycling Plan Update was convened at 10:00 a.m. William Stachoviak, Environmental Planner, presented the plan. Harvey Hoch, Recycling Coordinator, was also present. Mr. Stachoviak informed the Commissioners that four meetings were held in various areas of the County to obtain public input on the proposed plan. He stated that the Plan update provides information on the Forty West Landfill development, updated waste flow and recycling data as well as solid waste and recycling goals, objectives and recommendations. Mr. Stachoviak noted that recommendations from the full cost accounting study and landfill fee schedules were also included in the Plan. The Commissioners reviewed the plan and had questions for the staff. The meeting was then opened for public comment. There was no one present who wished to comment and the hearing was closed at 10:16 a.m. Motion made by Commissioner Munson, seconded by Nipps, to adopt the Solid Waste management and Recycling Plan 2005 Update as presented. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to participate. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the County Employees’ picnic is scheduled for July 23. PRESENTATION ON INTERSTATE 81 TRUCK AND WEIGH STATION Gary Rohrer, Director of Public Works, introduced David Czorapinski, Chief of the State Highway Administration (SHA) Motor Carrier Division, and Captain William Dofflemyer, Commander, Commercial Vehicle Enforcement Division of the Maryland State Police. Mr. Czorapinski presented the SHA proposal regarding the installation of a truck weigh station on southbound I-81 between Maryland Route 40 and Halfway Boulevard as part of the I-81 widening project. Mr. Czorapinski informed the Commissioners that SHA would hold an administrator’s section meeting in August, which will include this item on the agenda, and they are seeking the Commissioners’ position on this issue. He outlined some of the safety and law enforcement features that the proposed weigh station would offer. Mr. Czorapinski indicated that one of the benefits to the community would be additional police coverage. He showed a PowerPoint presentation showing various weigh stations in the State, outlining the JULY 19, 2005 PAGE THREE process and systems used, and providing information on virtual weigh stations. Mr. Czorapinski stated that Washington County Sheriff’s Department personnel and City of Hagerstown Police could be trained as inspectors at the weigh station. At this time the meeting was opened for comments and questions from the Commissioners. They voiced their concerns about the location proposed for the weigh station and the large volume of truck traffic, as well as issues regarding air quality, non- attainment, unsafe traffic limits, and the impact on the local court system. The Commissioners thanked Mr. Czorapinski and Captain Dofflemyer for the presentation. RECESS – LUNCH The Commissioners recessed at 11:45 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:00 p.m. by Commissioner 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. H.B. MELLOTT ESTATE, INC. – APPLICATION FOR REZONING (RZ-04-008) Stephen Goodrich, Chief Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-04-008, as submitted by the H.B. Mellott Estate, Inc. to rezone 80.33 acres of land from Environmental Conservation (formerly A- Agricultural) to EC/IM – Environmental Conservation with Industrial Mineral floating zone. Mr. Douglas stated that the Planning Commission recommended denial of the request. Richard Douglas, County Attorney, stated that the floating zone is not an overlay zone and, if granted, the zoning would become IM until that use has ceased and would then revert back to the original zoning. He informed the Commissioners that they should consider the factors as set forth in Section27.3, which are the usual factors in any rezoning, except that they need not find change or mistake. Mr. Douglas continued that since it is a floating zone, additional factors to be considered would be the purpose of the IM zone, applicable policies of the Comprehensive Plan, compatibility with adjacent properties, effects on public roadways, and whether the request is appropriate and logical for the use of the subject property. Mr. Goodrich reminded the Commissioners that, with the adoption of the rural area rezoning, the underlying zoning would now be Environmental Conservation rather than Agricultural. The mining use is still appropriate for the IM floating zone in that zoning classification as well. Mr. Douglas stated that the purpose of today’s session is for Commissioners to discuss the case, with the hope that they will reach a consensus. At that time he would develop findings of fact and an articulation of reasons for the decision, which would be brought back for a final vote at next week’s meeting. Each Commissioner then commented on the application. Commissioner Munson stated that it was a hard decision but that he would vote in favor of the application if buffering is imposed if the quarry can be seen from the residential areas. Commissioner Nipps commented that she could see both sides of the issue, but ultimately supported the applicant’s request. Commissioner Wivell indicated that he has been shown no evidence to disagree with the Planning Commission’s decision. He stated that the County has allowed residential growth in the neighborhood and that this presents an incompatibility issue. He also cited concerns regarding groundwater and the impact of dewatering with the trout hatchery. Commissioner Kercheval expressed concern that information that would have been considered in the applicant’s case was received after the th January 15 deadline and, without being able to consider that information to support the case, there is not enough evidence to support the applicant’s position. Commissioner Snook indicated that he supports the applicant’s request for the floating zone. He stated that the request is supported by the adopted Comprehensive Plan. He also noted that the loss of water from the fish hatchery was due to wells being drilled by residents and not from the quarry. It was the consensus to support the request and the Commissioners asked Mr. Douglas to draft the appropriate decision in the case. JULY 19, 2005 PAGE FOUR DISCUSSION OF REQUEST FOR LOWER EXCISE TAX RATE FOR MOBILE HOMES The Commissioners discussed the request to allow mobile home buyers to pay the lower $1.00 per square foot excise tax fee if the unit costs $125,000 or less. After discussion, it was the consensus of the Commissioners to follow the process as established until the Workforce Housing Task Force has presented its recommendations. APPROVAL OF PERSONNEL REQUESTS Motion made by Commissioner Munson, seconded by Nipps, to approve the request to fill the Zoning Inspector vacancy at the Permits & Inspections Departments. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commission Wivell voting “NO.” Motion made by Commissioner Wivell, seconded by Munson, to fill the Project Aware Coordinator position in the Emergency Services Department for the duration of the grant period. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 1:29 p.m. to discuss a personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Munson, seconded by Wivell, to reconvene in open session at 2:43 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters, consulted with counsel to obtain legal advice on one (1) matter, and considered matters that concern a proposal for a business or industrial organization 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 M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk; and Dave Hankinson, Director of Human Resources. EMPLOY – ASSISTANT COUNTY ATTORNEY Motion made by Commissioner Munson, seconded by Nipps, to employ Kirk Downey as Assistant County Attorney (Grade 17) at a salary of $69,500. Unanimously approved. APPOINTMENT – ANIMAL CONTROL AUTHORITY Motion made by Commissioner Nipps, seconded by Munson, to appoint Kelly Martin to the animal Control Authority for a three-year term. Unanimously approved. ADJOURNMENT – TOUR ASPIRE TO SERVE, INC. FACILITY Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 2:44 p.m. in order to tour the Aspire to Serve, Inc. facility. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk