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HomeMy WebLinkAbout050809 August 9, 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 – AUGUST 2, 2005 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of August 2, 2005, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employee David Potter (Water Quality Department). The Commissioners welcomed Mr. Potter and wished him well in his new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on a meeting she attended at the Agricultural Education Center. She stated that Secretary Lewis Riley of the Department of Agriculture was in attendance to hear concerns and receive input from those in the agricultural community. Commissioner Wivell reported on the PenMar Development Corporation meeting. Commissioner Kercheval provided additional comments on the meeting at the Agricultural Education Center. He also brought up the need to monitor the parking deck near the County Administration Building in light of safety concerns that were brought to him by the spouse of a County employee and asked the County to investigate installing cameras that hook into the City’s monitoring system. Commissioner Kercheval reported on the Planning Commission workshop that was held last week. He also informed the Commissioners that he attended a meeting regarding the City’s East End revitalization project as well as the “2+2” Committee meeting. Commissioner Snook informed the Commissioners that the County’s United Way campaign kick-off began this week. He reminded them that Augustoberfest would be held downtown this weekend. Commissioner Snook reported on the Chamber of Commerce meeting. He informed them of the “Dog Days of Summer” fundraiser that was held for the Frederick County Humane Society. He also informed them that an article in the Quad-State Business Journal found that 52.1% of graduating seniors in Washington County were college bound. Commissioner Snook provided information on the student-to-school radio in Frederick County compared to the ratio in Washington County. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, introduced new State Highway Administration District 6 Engineer, Bob Fisher. Mr. Fisher provided his background information and answered questions from the Commissioners. Jim Hovis, Gaming Director, informed the Commissioners that the gaming distribution to be announced tomorrow would be $3,001,848 for FY 2005. He stated that this is the largest distribution since the fund’s inception. Mr. Hovis said that the funds would be divided between 95 charities and the Washington County Volunteer Fire & Rescue Association. REAPPOINTMENT – SOLID WASTE ADVISORY COMMITTEE Motion made by Commissioner Munson, seconded by Nipps, to reappoint Sharon Chirgott to the Solid Waste Advisory Committee for a three-year term. Unanimously approved. AUGUST 9, 2005 PAGE TWO COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the County Employees’ Night at the Hagerstown Suns game was well attended. He reminded them that the Maryland Association of Counties Summer Conference is next week. Mr. Shoop also provided additional information regarding the United Way campaign kick-off. REVIEW OF 2005 COUNTY GOALS The Commissioners received an update from staff on the County’s 2005 adopted goals. The goals are as follows: Adopt Rural Area Zoning after consideration of equity and 1) land preservation. Begin implementation of the Urban Town Growth Area Zoning. Michael Thompson, Director of Planning and Community Development, stated that since the Rural Area Zoning was adopted in July, the next step would be the Urban Area Zoning. Mr. Thompson indicated that he would like to appoint a citizens committee at the beginning of the process to work with them. He stated that he would also schedule public information meetings and meetings with the municipalities. After discussion, the Commissioners asked that staff brief the Planning Commission and Commissioners on the tentative schedule. Work with Municipalities to Develop Residential and 2) business tax incentive programs in designated areas . John Schnebly, Chair of the Economic Development Commission (EDC) subcommittee, reviewed the Action Plan for this goal and informed the Commissioners that they have hosted discussions between City and County staff regarding tax credit issues. He recommended that the Commissioners pass an ordinance regarding tax credits for the Arts & Entertainment District. Mr. Schnebly also addressed exemptions recommended for Downtown districts, as well as the possibility of developing an affordable housing exemption to be reviewed on a case-by-case basis. Appoint a task force to develop recommendations to address 3) affordable housing . Rodney Shoop, County Administrator, stated that the task force has been appointed and is working to present its findings by October 1, 2005. Richard Willson, Chair of the Task Force, stated that the Task Force hopes to make a presentation to the Commissioners on September 27. He stated that they would begin developing their presentations and scope of work for public hearing after the recommendations are received. Improve the planning process for construction and 4) renovation of school facilitiesDevelop policies to . manage growth as it relates to school capacity . Mr. Shoop stated that he hopes the Advisory School Design Review Committee would be appointed today. He indicated that existing facilities are also being reviewed. Develop a long-range plan for the future use of the Forty 5) West Landfill . Robert Davenport, Director of the Solid Waste Department, reviewed the timetable to accomplish this goal and well as the on-going items that need to be addressed. He stated that he hopes to develop a chart for departmental and municipal interactions to get an idea of activities and demolitions taking place that would impact the landfill. Mr. Davenport stated that they hope to review recycling activities in the municipalities. Commissioner Wivell asked for additional information on the amount of waste that is diverted from the waste stream through these programs. Develop policies and procedures to initiate the 6) implementation of the Emergency Medical Services Master Plan . The Commissioners agreed to review this goal next week when the Director of Emergency Services is in attendance. Initiate an evaluation of all plans, policies, procedures 7) and ordinances that relate to growth management . Mr. Rohrer and Mr. Thompson informed the Commissioners that a subcommittee was established in March to address this item. He stated that staff AUGUST 9, 2005 PAGE THREE reviewed the ordinances for deficiencies and identified 3 policies they would like to revise. FOREST CONSERVATION CANDIDATE SITE – DONALD & LINDA GROVE Elmer Weibley, District Manager for the Washington County Soil Conservation District, reviewed a Forest Conservation Act candidate site. Mr. Weibley stated that the property is located on Spade Road adjacent to the Conococheague Creek and consists of 62 acres of existing forest to be placed under easement and 13 acres to be planted with hardwood species. Donald and Linda Grove own the property. The Commissioners then discussed the request. Motion made by Commissioner Kercheval, seconded by Nipps, to include the property owned by Donald and Linda Grove, located at 15717 Spade Road, Hagerstown, for inclusion in the Forest Conservation Act Fund program for easement purchase and tree planting. Unanimously approved. CITIZENS’ PARTICIPATION Fay Cohen expressed concern about several issues in the Cascade area, including the pumping station on Linden Avenue, how billing would be handled for public water, and the water rights and historic district at Fort Ritchie. PURCHASE OF RIGHT-OF-WAY FEE SIMPLE AND EASEMENTS FOR MAUGANS AVENUE PROJECT Motion made by Commissioner Munson, seconded by Nipps, to approve the purchase of right-of-way and easement acquisitions of 1,641 square feet in fee simple, 1,097 square feet in slope/grading easement, and 556 square feet in temporary construction easement from David Baker II and Tammy Lynch, which are needed for the Maugans Avenue project, for the purchase price of $44,400. Unanimously approved. REQUEST TO FUND COMMISSION ON AGING’S REQUEST TO RELOCATE TO ASPIRE TO SERVE FACILITY The Commissioners discussed the request made by the Commission on Aging on July 12 to provide $68,000 to allow them to move into the Aspire to Serve facility. Susan MacDonald, Executive Director for the Commission on Aging, stated that the request is for an increase of $19,800 per year in rental costs and $13,000 in fuel cost share. She stated that their current annual costs are $36,000; however, the rent at the current location is scheduled to increase substantially this year. Ms. MacDonald outlined the benefits of relocating their offices to the new facility, including better accessibility for the elderly, on- site parking, sufficient meeting and training space, and increased coordination of services. The meeting was then opened for questions and discussion. Commissioner Snook stated that he hopes there is a possibility of getting a Tri-County Council grant to reduce the square footage costs for “fit out” work. If the landlord does not pay for the “fit out,” the leasing cost would be reduced from $11/square foot to $8.50/square foot. It was the consensus to allow the Commission on Aging to go forward with the lease at $8.50/square foot with the County to pursue grant money to fund the fit out costs. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the Commission on Aging’s request for relocation to the Aspire to Serve facility at $8.50/square foot and continue to pursue grant money to fund the fit out costs. Motion carried with Commissioners Nipps, Kercheval, Wivell and Snook voting “AYE” and Commissioner Munson voting “NO.” CODE HOME RULE DISCUSSION – LEAGUE OF WOMEN VOTERS Monda Sagalkin, President of the League of Women Voters of Washington County, met with the Commissioners to request that they consider taking the necessary steps to change to the code home rule form of government. She stated that she feels the Delegation to the General Assembly would now be supportive. Ms. Sagalkin reviewed the process that is used to become a code county. She stated that the Commissioners would have to adopt a resolution in order for it to be placed on the ballot for referendum. The Commissioners discussed the advantages and disadvantages of changing to code home rule. Commissioner Snook asked the League of AUGUST 9, 2005 PAGE FOUR Women Voters to compile an informational package to inform the public about the issues. Ms. Sagalkin suggested that a task force be appointed to review the proposal. After discussion, it was the consensus of the Commissioners to appoint a task force to study the code home rule issue. The Commissioners directed Mr. Shoop to put together a list of agencies and/or individuals for their consideration. Motion made by Commissioner Munson to meet with Delegation before moving forward with the code home rule proposal. Motion died for lack of a second. RECESS – LUNCH The Commissioners recessed at 12:02 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:06 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. APPLICATION FOR WATER & SEWERAGE PLAN AMENDMENT (WS-05-002) – REHOBOTH UNITED METHODIST CHURCH Tim Lung, Senior Planner, reviewed the request made by the Rehoboth United Methodist Church for an amendment to the Washington County Water and Sewerage Plan for the purpose of providing public water and sewerage service to 105.04 acres of land located at the southwest corner of Lappans Road and Downsville Pike. He stated that the applicant is requesting that the property be designated as a “Restricted Use” water and sewerage service area with water and sewer service priority designations of W-5 and S-5, “Planned Service.” The Planning Commission has recommended denial of the amendment. Jim Bishop and Julie Pippel, representing the Department of Water Quality, were in attendance to answer any questions the Commissioners might have about the sewer system or capacity. Mr. Lung stated that the Commissioners could place conditions on the approval of the application. Motion made by Commissioner Wivell, seconded by Munson, to approve application WS-05-002 made by the Rehoboth United Methodist Church for an amendment to the Washington County Water and Sewerage to “Restricted Use” water and sewerage service area with water and sewer service priority designations of W-5 and S- 5, “Planned Service” with restrictions to be developed in general conformity to the concept plan. Unanimously approved. DOMESTIC VIOLENCE ORDER ENTRY AND SERVICE GRANT II Motion made by Commissioner Kercheval, seconded by Nipps, to approve the renewal of the Domestic Violence Order Entry and Service grant of $17,160 from the State, with the Sheriff’s Department providing matching funds of $4,290. Unanimously approved. ADVISORY SCHOOL DESIGN REVIEW COMMITTEE APPOINTMENTS The Commissioners discussed individuals to serve in the designated categories for the Advisory School Design Review Committee. After discussion, it was the consensus to contact the following individuals to determine if they were willing to serve on the Committee: Mechanical Contractor – Jim Bryan; Electrical Contractor – Ron Kinsey; General Contractor – Harry Reynolds; Citizen at Large – George Stone; Citizen at Large – Chair of the County Citizens Advisory Council or their designee; and Facilities Manager - Phil Snodderly. MARYLAND DAIRY SHRINE – REQUEST TO BUILD FACILITY Dr. Matt Iager, President of the Maryland Dairy Shrine, Jerry Poffenberger, representing the Agricultural Education Center Board, and James Sterling, Director of Buildings, Grounds & Parks, met with the Commissioners to request that the Maryland Dairy Shrine, Inc. be allowed to construct, operate, and maintain a permanent home and conference center at the Washington County Agricultural Education Center. Dr. Iager provided background information on the organization. He stated that AUGUST 9, 2005 PAGE FIVE private contributors would provide funding for the construction. The meeting was then opened for questions from the Commissioners. After discussion, it was the consensus of the Commissioners to agree to the conceptual proposal. They stated that they would like to have a business and financing plan, funding commitments, a timeline for financial commitments, and written approval from the University of Maryland. Motion made by Commissioner Wivell, seconded by Nipps, to give approval to the Maryland Dairy Shrine to proceed with the concept to construct a facility at the Washington County Agricultural Education Center, with a final decision to be made following the review and approval of a business and financing plan, funding commitments, timeline for financial commitments, and written approval from the University of Maryland. Unanimously approved. ZONING ORDINANCE TRANSITION POLICY Richard Douglas, County Attorney, and Michael Thompson, Planning Director, reviewed the proposed Zoning Ordinance Transition Policy to formalize the policy previously adopted and outline additional provisions. Commissioner Kercheval expressed concerns about allowing the density provisions in the previous ordinance to be utilized for subdivision and site plans. Mr. Douglas stated that the original transition policy would be in effect through October 10, 2005 so the Commissioners do not have to decide this matter today. The Commissioners asked that appropriate language be included to clarify the issues regarding density. They suggested several revisions be made to the proposed policy and asked Mr. Douglas to reschedule it for their consideration after the changes have been made. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:40 p.m. to discuss personnel matters that affect 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 Kercheval, seconded by Wivell, to reconvene in open session at 3:32 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) 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; Dave Hankinson, Director of Human Resources; James Sterling, Director of Buildings, Grounds, and Parks; Mike Thompson, Director of Planning & Community Development; Gary Rohrer, Director of Public Works; Bardonna Woods, Chief of Fire & Rescue Communications. APPOINTMENT – AGRICULTURAL EDUCATION CENTER BOARD Motion made by Commissioner Munson, seconded by Nipps, to appoint William Blair to the Board of Directors of the Agricultural Education Center for a three-year term. Unanimously approved. EMPLOY DEPUTY DIRECTOR – DIVISION OF PUBLIC WORKS Motion made by Commissioner Nipps, seconded by Kercheval, to employ Joseph Kroboth, III as the Deputy Director of Public Works (Grade 1) at a salary of $82,600. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Munson and Wivell voting ”NO.” AUGUST 9, 2005 PAGE SIX ADJOURNMENT Motion made by Commissioner Munson, seconded by Kercheval, to adjourn at 3:33 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk