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HomeMy WebLinkAbout050823 August 23, 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. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Christopher McCormack (State’s Attorney), Durell Baker (Highways), Norman Hann, Jr. (Emergency Communications), and Lisa Johnson (Budget & Finance). The Commissioners welcomed the new employees and wished them well in their positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson informed the Commissioners that he had asked the County Attorney to draft a resolution regarding use of eminent domain in light of the recent Supreme Court ruling on the Kelo case. Richard Douglas, County Attorney, explained that the resolution states that it is the intention of the Board that eminent domain be used only as a last resort to acquire private property for a public project that is necessary to advance and protect the general welfare of the citizens of the jurisdiction. Commissioner Snook stated that eminent domain will be addressed in this year’s legislative session. Motion made by Commissioner Munson to approve the resolution as to the use of power of eminent domain. Motion died for lack of a second. After discussion, it was the consensus of the Commissioners to include this item on next week’s agenda for further discussion. Commissioner Nipps reported on the Commission for Women meeting and issues discussed at the Maryland Association of Counties (MACo) Summer Conference. Commissioner Wivell stated that he attended a gang awareness seminar sponsored by the Hagerstown City Police Department. He also reported on the meetings of the Economic Development Commission (EDC), Water Quality Advisory Commission, PenMar Development Corporation, and the Agricultural Land Preservation Advisory Board. Rodney Shoop, County Administrator, informed the Commissioners that Henrietta Livelsberger has volunteered to assist with the collection of data needed by the Agricultural Land Preservation Advisory Board to develop an equity program for rural land affected by the comprehensive rezoning. The Commissioners agreed to accept her offer to help the Planning Department staff with this project subject to review by the Agricultural Land Preservation Board. Commissioner Kercheval reported on the meetings of the Local Management Board, EDC, and Public Golf Corporation. He also highlighted some items of interest from the MACo Summer Conference including the opportunity to discuss Washington County’s sewer allocation issues with Secretary Scott of the Maryland Department of Planning and Secretary Philbrick of the Maryland Department of the Environment. Future meetings may be set up with staff from those departments. Commissioner Snook requested a presentation from the staff regarding collection of the “flush tax” from individuals whose homes have septic systems. He stated that Tri-County Council has offered $70,000 in grant funding for the relocation costs associated with the Commission on Aging’s move to the Aspiring to Serve facility and is attempting to get additional federal funding for the project. Commissioner Snook stated that Washington County would receive $40,000 from the Appalachian Regional Commission (ARC) in FY 2006. He outlined the initiatives that the MACo Legislative Committee is considering for the 2006 legislative AUGUST 23, 2005 PAGE TWO session and noted that the list would be narrowed to four items later in the year. DISCUSSION OF PROPOSED AMENDMENTS TO ADEQUATE PUBLIC FACILITIES ORDINANCE, ARTICLE V, SCHOOLS Michael Thompson, Director of Planning, appeared before the Commissioners to discuss the proposed amendments to the Adequate Public Facilities Ordinance, Article V - Schools. Mr. Thompson stated that when this was previously discussed with the Board in July, Commissioner Kercheval voiced several concerns regarding the proposal. As a result, the staff revised the language and felt it was appropriate to discuss it again with the entire Board. Mr. Thompson explained that changes to Sections 5.1(b) and 5.4.1 raise the adequacy rate at the elementary school level from the current 85% to 90% of state rated capacity to coincide with the IAC’s decision to lower the State’s rated capacity (SRC) for the number of elementary students per classroom from 25 to 23. Washington County’s policy has been to have 21 students per classroom. With the State’s change in policy, 90% of the new SRC number of 23 students would be 20.7 students. The second change proposed would require all newly created lots created through the subdivision process to be tested for school adequacy. The third change to Section 5.5(f) inserts the phrase “except as provided in Section 9.3A” at the end of the section, and applies when a project would otherwise be denied approval due to school inadequacy. The Commissioners reviewed the proposed amendments and agreed that they would hold a public hearing on the amendments before adopting them. Motion made by Commissioner Nipps, seconded by Kercheval, to schedule a public hearing for the proposed amendments to the Adequate Public Facilities Ordinance, Article V - Schools, to obtain public input on the revisions. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” ZONING ORDINANCE TRANSITION POLICY Richard Douglas, County Attorney, and Mr. Thompson reviewed the Zoning Ordinance Transition Policy. Mr. Douglas stated that the Commissioners adopted a transition policy on April 27, 2004 to take effect with the new amendments to the Zoning Ordinance. Now that the Zoning Ordinance has become effective, Mr. Douglas advised the Commissioners to formally adopt the policy, which applies only to subdivision plats and site plans. He stated the densities in the new amendments to the Zoning Ordinance would apply in spite of the Transition Policy and that any approvals granted in accordance with the old version of the Zoning Ordinance would be considered nonconforming uses that could not be expanded or altered except with the permission of the Board of Zoning Appeals. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt the Zoning Ordinance Transition Policy as presented. Motion carried with Commissioners Nipps, Kercheval and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” RESOLUTION – NATIONAL INCIDENT MANAGEMENT SYSTEM Joe Kroboth, Director of Emergency Services, informed the Commissioners that the President of the United States directed the Secretary of Homeland Security to develop and administer a National Incident Management System (“NIMS”) to provide a consistent nationwide approach to prepare for and respond to domestic incidents. The directive requires the formal adoption of the NIMS to ensure continued federal funding assistance to local governments. Mr. Kroboth provided an overview of the program and its directive. He informed the Commissioners that an implementation program would be facilitated to include training of all personnel who might be involved in the response to a disaster event. Motion made by Commissioner Munson, seconded by Nipps, to approve the Resolution Adopting the National Incident Management System for Washington County, Maryland, as proposed. Unanimously approved. AUGUST 23, 2005 PAGE THREE CONVENE AS BOARD OF HEALTH – PUBLIC HEARING - PROPOSED MODIFICATION TO ENVIRONMENTAL HEALTH FEES FOR WASHINGTON COUNTY Motion made by Commissioner Nipps, seconded by Munson, to convene sitting as the Board of Health at 10:06 a.m. Unanimously approved. William Christoffel, Health Officer, introduced Ted Gordon, Director of the Environmental Health Division. Mr. Christoffel stated that they are recommending that the environmental health fee schedules be modified to include 26 new fees and increases in 6 existing fees. He stated that the fee increases and establishment of some new fees are necessary to cover the Department’s cost of delivering services. Mr. Gordon reviewed the proposed fee increases and new fees being proposed. (A list of the proposed fee increases and new fees is attached.) The Commissioners discussed the rates being proposed and expressed concerns about the amount of several of the fees, in particular the proposal to charge a $1,000 fee for violations not corrected. They suggested that a sliding scale be considered before assessing a fee of this amount. Commissioner Nipps also expressed her opposition to the fee being proposed for food permits for non-profit organizations. The meeting was then opened for public comments. There was no one present who wished to comment. The Commissioners agreed to take the proposal under consideration and asked Mr. Gordon to supply additional information. They also agreed to take public comment when this proposal is scheduled in the future. The hearing was closed at 10:40 p.m. and the Commissioners adjourned as the Board of Health. CITIZENS’ PARTICIPATION There was no one present who wished to comment. BUDGET TRANSFER REQUESTS Motion made by Commissioner Nipps, seconded by Kercheval, to approve a budget transfer request from the Board of Education to transfer funds in the total amount of $131,632 from systemic projects (Northern Middle roof), Relocatable Classrooms, and athletic projects to Maintenance Projects for renovations and relocation of the print shop to the Technical High School. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” The Commissioners asked the County Administrator to obtain additional information regarding this request. Motion made by Commissioner Nipps, seconded by Kercheval to approve the transfer of $49,023 from the Sewer Reserve Fund account to “Vehicles” in the Water Quality Department budget to allow them to replace the vacuum truck that was damaged in an accident. Unanimously approved. TOLLGATE ROAD BRIDGE – CHANGE ORDER Motion made by Commissioner Nipps, seconded by Kercheval, to proceed with Tollgate Road bridge repairs as outlined in the change order to comply with the requirements of the Historical Trust. Unanimously approved. The Commissioners requested additional information regarding the project from the Director of Public Works. COUNTY ADMINISTRATOR’S COMMENTS Stephanie Stone, Director of the Washington County Partnership for Children & Families, informed the Commissioners that Governor Ehrlich would be in Hagerstown on Thursday to present a check to the Local Management Board for State grants they are receiving. Dave Hankinson, Director of Human Resources, requested permission to fill a Project Manager position in the Engineering Department. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill a Project Manager position in the Engineering Department. Unanimously approved. AUGUST 23, 2005 PAGE FOUR FY 2005 CITIZEN CORPS GRANT PROGRAM Motion made by Commissioner Wivell, seconded by Kercheval, to authorize the Division of Emergency Services to accept a grant award of $10,000 from Maryland Emergency Management Agency to support the Citizen’s Emergency Response Training to prepare for disaster response. Unanimously approved. ACCEPTANCE OF BIO-TERRORISM GRANT Motion made by Commissioner Kercheval, seconded by Wivell, to authorize the Department of Emergency Services to accept a grant from the Maryland Institute for Emergency Medical Services Systems Region II in the amount of $55,784, to provide for the purchase of medical supplies and equipment to support the response to a mass casualty event. Unanimously approved. REVIEW OF 2005 GOAL NO. 6 – DEVELOP POLICIES AND PROCEDURES TO INITIATE THE IMPLEMENTATION OF THE EMERGENCY MEDICAL SERVICES MASTER PLAN Joe Kroboth, Director of Emergency Services, provided an update on Goal 6 of the adopted 2005 goals for the County to “Develop Policies and Procedures to Initiate the Implementation of the Emergency Medical Services Master Plan.” Mr. Kroboth reviewed the plan and outlined the timeframe for its adoption. Mr. Kroboth stated that a committee has been formed to evaluate each emergency medical call type to match an appropriate level of response from emergency medical service and fire companies. The plan recommends that all fire companies participate in the medic assist program. Mr. Kroboth informed the Commissioners that the Communications Center is working toward accreditation of Excellence in Emergency Medical Dispatch through the National Academy of Emergency Dispatch. He noted that a Medical Director position has been created and an agreement executed with Dr. Robert Flint in July 2005. Mr. Kroboth reviewed the Quality Assurance and Quality Improvement Plan that was developed and stated that EMS companies were required to comply as of August 1 and fire companies as of September 1. Mr. Kroboth then answered questions from the Commissioners. SOLE SOURCE PROCUREMENT – MASS CASUALTY TRAILERS & MEDICAL EQUIPMENT Motion made by Commissioner Munson, seconded by Nipps, to award the contract for the purchase of two (2) mass casualty trailers and medical equipment from Southeastern Emergency Equipment in the amount of $93,272.60. The award is a sole source Code of the procurement based on Section 1-106.2(a)(2) of the Public Local Laws of Washington County that a sole source procurement is permissible when “the compatibility of equipment, accessories, or replacement parts is the paramount consideration.” Unanimously approved. RECESS – LUNCH & GROUNDBREAKING CEREMONY FOR SMITHSBURG BRANCH LIBRARY The Commissioners recessed at 11:08 a.m. in order to attend a luncheon and the groundbreaking ceremony for the new Smithsburg branch library. AFTERNOON SESSION The afternoon session was called to order at 1:41 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. CITY OF HAGERSTOWN ANNEXATION REQUEST (A05-05) FAISON ENTERPRISES, INC. Michael Thompson, Director of Planning, met with the Commissioners to review a request from the City of Hagerstown for annexation. Stewart Bass, Comprehensive Planner from the City of Hagerstown, was also present to answer questions. Mr. Thompson stated that Case No. A05-05 is located along the east side of Maryland Route 60 opposite the Long Meadow Shopping Center, is consistent with the adopted Comprehensive Plan, and that no further action is required by the Board Mr. Thompson then reviewed the report. He stated that the property is currently zoned Planned Business (PB) which is consistent with the C-4 zoning being proposed. Mr. Thompson noted that there is currently a house on the property that is part of the Washington County Historic AUGUST 23, 2005 PAGE FIVE Sites Inventory. The Planning Commission recommended that the stone house “and whatever historic setting can be established” be brought in with the annexation as a landmark overlay. The Commissioners discussed the annexation request and asked Mr. Bass to outline the process used by the City. Mr. Bass also assured the Commissioners that the City staff is recommending that the historic home be preserved and be considered a landmark overlay. Commissioner Snook asked that the City consider notifying adjacent property owners about requests for annexation. Motion made by Commissioner Munson, seconded by Nipps, to support the staff’s findings that the zoning requested is consistent for the requested zoning of C-4 (Regional Shopping Center) as proposed for City of Hagerstown Annexation Case No. A05-05. Unanimously approved. HOTEL RENTAL TAX RESOLUTION Motion made by Commissioner Nipps, seconded by Munson, to adopt a Resolution Imposing a Hotel Rental Tax, which is necessary due to the 2005 legislation passed by the General Assembly, changing the percentage of hotel rental tax that may be retained by the County to 50%. Unanimously approved. APPROVAL OF MINUTES – AUGUST 9, 2005 Motion made by Commissioner Nipps, seconded by Wivell, to approve the minutes of August 9, 2005, as amended. Unanimously approved. INTRODUCTION OF VERIZON REPRESENTATIVE Don Heath, Area Manager of External Affairs for Verizon, introduced Joe Daniels, who will be replacing him as representative for the Western Maryland area. The Commissioners thanked Mr. Heath for his assistance over the years, and Commissioner Nipps thanked Mr. Heath for his involvement on the runway project at the Regional Airport. LANDFILL INSPECTION SERVICES – REQUIREMENTS CONTRACT Motion made by Commissioner Munson, seconded by Wivell, to renew the contract for landfill inspection services – requirements contract with Cumberland Geotechnical Consultants, Inc. based on the following rates requested for the third year of the contract: Construction Inspection – Hourly rate - $36.75, hourly rate for overtime - $36.75 and Senior Construction Inspector – Hourly rate - $39.00 and hourly rate for overtime - $41.00. Unanimously approved. BID AWARD – RUNWAY 9-27 IMPROVEMENT PROGRAM (PACKAGE 3) Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for Runway 9-27 Improvement Program (Package 3) at the Hagerstown Regional Airport to New Enterprise Stone & Lime Co., Inc. for the base bid amount of $17,299.50 and Alternate No. 1 - $105,663.90 and Alternate No. 2 - $38,590 for a total of $17,443,718.40, contingent upon FAA approval. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” CODE COMMITTEE RECOGNITION Commissioner Snook presented certificates of merit to the following individuals who served on the committee to review the new codes: Dan Matonak, Norm Morin, Mike Heyser, and Tim Fields. He thanked them for donating significant amounts of time to review the codes and the Commissioners thanked them for their service to Washington County. HIGHWAY PRIORITY LIST FOR STATE HIGHWAY ADMINISTRATION PROJECTS Gary Rohrer, Director of Public Works, reviewed projects to submit to the State Highway Administration (SHA) as Washington County’s priority projects. The Commissioners agreed to request three projects in the following order: 1) U.S. 40/Edgewood Drive Intersection Improvements, 2) I-81 safety improvements, and 3) I-70 improvements. BUDGET TRANSFER – TOLLGATE ROAD BRIDGE Motion made by Commissioner Wivell, seconded by Nipps, to approve the transfer of $362,863 from funds budgeted for two Capital Improvement Program (CIP) projects (Stevenson Road Bridge and Scour Analysis) to the Tollgate Road Bridge improvement project. Unanimously approved. AUGUST 23, 2005 PAGE SIX CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 2:59 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 Nipps, seconded by Wivell, to reconvene in open session at 3:35 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice on three (3) matters, 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, 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; Delegate LeRoy Myers; Gary Rohrer, Director of Public Works; Tim Troxell, Executive Director of the Economic Development (EDC); Cassandra Latimer, EDC Marketing Specialist; and Robert Garver, Regional Office of the Department of Business & Economic Development. ADJOURNMENT Motion made by Commissioner Munson, seconded by Kercheval, to adjourn at 3:35 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk