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HomeMy WebLinkAbout050830 August 30, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 2:30 p.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. ACCEPTANCE OF MARYLAND AVIATION ADMINISTRATION SPECIAL GRANT Motion made by Commissioner Nipps, seconded by Kercheval, to accept a grant from the Maryland Aviation Administration (MAA) in the amount of $233,918 for the Runway 9-27 Improvement Program. Unanimously approved. ACCEPTANCE OF FAA GRANT - AIP PROJECT Motion made by Commissioner Nipps, seconded by Kercheval, to accept a grant from the Federal Aviation Administration (FAA) in the amount of $575,000 to assist in the design of the Rehabilitation of the East and West Aprons, and design of the Taxiway A/G modifications. Unanimously approved. CONTRACT AWARD – WASHINGTON COUNTY DIVERSION PROG RAM Motion made by Commissioner Kercheval, seconded by Wivell, to award the contract for the Washington County Diversion Program to Potomac Case Management Services, Inc. for $123,930. Unanimously approved. 2005 ON BEHALF OF (OBO) LOCAL GOVERNMENT HOUSING BOND ALLOCATION PROGRAM Motion made by Commissioner Nipps, seconded by Kercheval, to assign Washington County’s 2005 housing bond allocation in the amount of $3,873,000 to the Community Development Administration for use in the Maryland Mortgage On Behalf of (OBO) Program for first-time homebuyers. Unanimously approved. AWARD 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 Healthy,” “Children Entering School Ready to Learn” and “Stable and Economically Independent Families.” Mr. Kline reviewed the programs recommended by the WCCP for the funding. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the award of $25,000 in Community Development Funds as recommended: Boys & Girls Club - $4,557 for “Video Club Program,” Girls Inc - $6,800 for “Parents Nights,” Hancock Police Department – $1,600 for anti-drug and anti-alcohol messages, Interfaith Service Coalition, Inc. - $2,000 for “Adventures in Friendships,” Washington County Commission on Aging - $1,987.35 for “Kids and Grands,” Washington County Community Action Council - $9,523 for Financial Literacy & Investment Training and Education Program (FLITE), and Washington County Public Schools - $5,000 for “Girl Power III.” Unanimously approved. RESOLUTION – POWER OF EMINENT DOMAIN Richard Douglas, County Attorney, reviewed the recent Supreme Court case that held that it is permissible for a political subdivision to use the power of eminent domain to condemn private property for the use of a private entity if doing so would advance the cause of economic development. He stated that many jurisdictions have reacted to the decision by proposing legislation to place limits on the use of the power. Mr. Douglas then reviewed a resolution to outline the position of the Commissioners and encourage the County Delegation to the General Assembly to support such legislation that the power of eminent domain be used only as a last resort to acquire private property for a public project, and that any such public project be demonstrated to be necessary for the general welfare of the citizens of that jurisdiction. Commissioner Kercheval stated that he was not in favor of the some of the language contained in the resolution and suggested that several paragraphs be removed. After discussion, the Commissioners agreed to AUGUST 30, 2005 PAGE TWO remove the phrase “capricious and willful attacks” and asked that the County Attorney reword that section of the resolution. Motion made by Commissioner Munson, seconded by Wivell, to adopt a resolution regarding the use of power of eminent domain as amended by the County Attorney. Unanimously approved. REZONING CASE RZ-05-006 – MARYLAND HOMES CB, LLC Richard Douglas, County Attorney, reviewed map amendment RZ-05- 006, submitted by Maryland Homes CB, LLC to rezone the subject property from BG – Business General to RM – Residential Multi- Family. Mr. Douglas stated that the Planning Commission recommended granting the rezoning based upon a determination that there has been a mistake in the current zoning of the property and that the request was logical, appropriate, and consistent with the Comprehensive Plan. Mike Thompson, Director of Planning, stated that the property originally was zoned RM and had been rezoned to BG to accommodate a planned retail center. When it was determined that the project would not need as much land as anticipated, the developer asked that it be put back to RM. The Commissioners discussed the application and indicated that, although they felt the rezoning was appropriate and logical and agreed with the Planning Commission’s findings, they have reservations regarding the access planned from the development onto Hickory School Road. Lisa Kelly Pietro, Senior Planner, commented that a traffic impact study would be required by the developer. She stated that the Engineering Department proposed entrances from the development onto Massey Boulevard and Hickory School Road. Commissioner Nipps stated that the homes along Hickory School Road are close to the road and that there are problems at this location now due to the elementary school traffic. Commissioner Snook asked Richard Douglas, County Attorney, if they are permitted to place restrictions on the access points. Mr. Douglas stated that they are authorized to place this type of condition on the rezoning. Commissioner Wivell stated that he did not feel the applicant proved that there was a mistake in the zoning. After further discussion, it was the consensus of the Commissioners to support the proposed rezoning from BG to RM on the condition that staff and the Planning Commission are able to make adequate provisions for traffic and street access to the subject property as a part of the site plan and/or subdivision process. They also stated that a traffic study would probably be required. Commissioner Kercheval noted for the record that the Planning Commission recommended approval of the rezoning, water and sewer are available to the site, and that a mistake was made as to the amount of land rezoned to BG for the use of retailers in 1998. He also stated that the property is adjacent to an existing RM classification, water and sewer are available, the changes are appropriate and logical and fit into the neighborhood, and the zoning is consistent with the adopted Land Use Plan and the Comprehensive Plan. MAJOR URBAN DEVELOPMENTS Michael Thompson, Director of Planning, met with the Commissioners to present an updated map showing the major developments within the area in and around the City of Hagerstown. He stated that the updated map has the location of these developments for projects both in the County and City of Hagerstown. Mr. Thompson explained that, although there are 9,000 lots on the conceptual list, it is actually lower than this due to school adequacy, water and sewer capacity issues. He indicated that 2,800 have final approval and all but 650 of those have been built on at this time. Mr. Thompson reviewed a chart showing both City and County projects and the number of lots that have been proposed for development. Mr. Thompson then reviewed the City totals. He stated that the inventory of buildable lots is declining. Mr. Thompson noted that they are continuing to work to better refine the numbers. Commissioner Kercheval asked the County Administrator to contact the City Administrator regarding the City of Hagerstown’s goals for new units. Jim Mobley, AUGUST 30, 2005 PAGE THREE President of the Election Board, recommended that large subdivisions be required to provide some type of public building that could be used as a polling place if they are not being required to construct a new elementary school. CONSENT TO ENCUMBRANCE – LENOX, INC. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the Consent to Encumbrance for Lenox, Inc., which is required under a grant agreement for a stock transaction. The Maryland Department of Business and Economic Development has tentatively agreed to grant approval as to a parallel grant. Unanimously approved. ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) – EXTENSION OF DEADLINE Motion made by Commissioner Nipps, seconded by Kercheval, to extend the deadline for municipalities to adopt their own APFOs to 60 days after the effective date of the amendments to the County’s APFO. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 4:09 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 Munson, seconded by Kercheval, to reconvene in open session at 5:01 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 a matter that concerns 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; David Hankinson, Director of Human Resources; Terry McGee, Chief Engineer; Dan Divito, Director of Permits & Inspections; Tim Troxell, Executive Director of the Economic Development Commission (EDC); Cassandra Latimer, EDC Marketing Specialist; and Robert Mandley, EDC Project Coordinator. APPROVAL TO EMPLOY STORMWATER MANAGEMENT COORDINATOR – ENGINEERING DEPARTMENT Motion made by Commissioner Nipps, seconded by Kercheval, to employ John Swauger to fill the vacant Stormwater Management Coordinator (Grade 12) position in the Engineering Department. Unanimously approved. APPROVAL TO EMPLOY PLUMBING INSPECTOR – PERMITS & INSPECTIONS Motion made by Commissioner Munson, seconded by Kercheval, to hire Doug McKay as a Plumbing Inspector I (Grade 12) in the Permits & Inspections Department. Unanimously approved. APPROVAL TO EMPLOY ZONING/BUIDING INSPECTOR – PERMITS & INSPECTIONS Motion made by Commissioner Nipps, seconded by Kercheval, to employ Ramiro Ramos-Izquierdo as Zoning/Building Inspector (Grade 11) in the Permits & Inspections Department. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” RECESS The Commissioners recessed at 5:02 p.m. EVENING SESSION The evening session was convened at 7:00 p.m. at the County Administration Building by President Gregory I. Snook with the following AUGUST 30, 2005 PAGE FOUR members present: Vice President William J. Wivell and Commissioners James F. Kercheval, and John C. Munson. 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 23, 2005 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of August 23, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the ceremony last week when Governor Ehrlich visited Hagerstown and presented a grant check to the Washington County Partnership for Children & Families. Commissioner Munson reported on the Solid Waste Advisory Committee meeting. He stated that they are reviewing data regarding the feasibility of County trash pickup. Commissioner Wivell indicated that Frederick County recently joined the Northeast Waste Authority. He asked staff to look into whether it would be beneficial for Washington County to do so as well. Commissioner Kercheval asked that the Highway Department be attentive to gas supplies and prices for County vehicles. He stated that, with Labor Day approaching, he would like to thank County workers for their hard work and dedication. He indicated that statistics listed in the 2005 Department of Legislative Services financial report show that Washington County is the tenth largest county in the State but spends the lowest amount per person on all government services. He also noted that our th County spends half of the State average and is the 5 lowest County in the State in what it spends on “general government” services which represents the basic overhead of the County excluding items like education, public works, and public safety. Commissioner Snook informed the Commissioners that he spoke to Advantage Realty employees to update them on zoning and excise tax issues. He stated that Barclays Bank would like to make a presentation on alternative school funding. Commissioner Snook asked Gary Rohrer, Director of Public Works, for an update on Tollgate Road Bridge. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he spoke with individuals that they recommended for appointment to the Advisory School Design Review Committee and they have all agreed to serve on the Committee. Motion made by Commissioner Wivell, seconded by Kercheval, to appoint the following individuals to the Advisory School Design Review Committee for three-year terms: Gary Rohrer or his designee (Director of Public Works); George Stone (Citizen at Large representative); Gary Nally (Chair of the County Citizens Advisory Council or his designee – Citizen at Large representative); Rodney Turnbough (Director of Facilities for the Board of Education); Jim Bryan (Mechanical Engineer); Ron Kinsey (Electrical Contractor); Harry Reynolds (General Contractor); Dr. Patricia Abernethy (Educator representing the Board of Education); and Phil Snodderly (Facilities Manager). Mr. Rohrer also provided an update the road overlay and reclamation projects. Joe Kroboth, Director of Emergency Services, stated that requests are coming in to assemble teams to assist with relief efforts from the devastation that occurred in Louisiana and Mississippi from Hurricane Katrina. He stated that he would coordinate a list of volunteers. Mr. Kroboth informed the Commissioners that the Maryland Emergency Numbers Systems Board has allocated $803,000 from its emergency funds to replace Washington County’s 911 system that was recently struck by lightning. AUGUST 30, 2005 PAGE FIVE Motion made by Commissioner Nipps, seconded by Munson to approve advertising to fill the following positions: Motor Equipment Operator I (Highway Department); Equipment Operator III (Landfill Department); and Auto Service Technician (Highway Department). Unanimously approved. CITIZENS’ PARTICIPATION Mansoor Shaool requested that the Commissioners rescind his APFO agreement on the Rosewood PUD project in light of the County’s recent adoption of the Building Excise Tax Ordinance. Commissioner Snook stated that they have not had time to evaluate the information but will have a decision in the near future. Ed Davis, representing the Joint Veterans Committee, presented a petition to the Commissioners asking them to request changes from the Federal Veterans Burial Commission regarding the requirements for burial in Arlington National Cemetery. Mr. Davis stated that they do not feel that convicted criminals should be permitted to be interred there. Commissioner Snook stated it has been brought to the attention of Congress and that they are the appropriate body to review federal procedures. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he has begun interviewing for the Emergency Services Director position. He stated that the Workforce Housing Task Force has notified him that they will not be able to present their complete report in September and have requested a two-week extension. Mr. Shoop indicated that the public hearing would be scheduled for October 5 if the Commissioners approve the extension. The Commissioners agreed to the request. Mr. Shoop stated that an organizational meeting on Code Home Rule is scheduled for tomorrow. He informed the Commissioners that a special Casual Day has been organized for Thursday to benefit the American Red Cross in support of Hurricane Katrina victims. CHANGE ORDER – COURT HOUSE ANNEX Motion made by Commissioner Nipps, seconded by Kercheval to approve the change order for the Court House Annex project in the amount of $26,708 for additional asbestos removal from the mechanical chases on the first, second and third floors. Unanimously approved. PROCLAMATION –DISABLED AMERICAN VETERANS FORGET-ME-NOT MONTH Commissioner Snook presented a proclamation to Todd Cordell, Commander of Chapter 14 of the Washington County Chapter of Disabled American Veterans (DAV), proclaiming the month of September 2005 as Disabled American Veterans Forget-Me-Not Month in Washington County and encouraging all citizens to join in their support of those who gave of themselves to protect and preserve our way of life. Mr. Cordell thanked the Commissioners for the proclamation on behalf of Chapter 14 of the DAV and commented on the generosity of the County’s citizens. He also outlined activities scheduled during the month to benefit disabled veterans. PROCLAMATION – UNITED WAY AWARENESS MONTH Noel Williams, President of the United Way Board of Directors, Shawn Butcher, Campaign Director, and Dale Bannon, Executive Director, appeared before the Commissioners to thank them for their support of the annual campaign and provide an update on the number of individuals impacted through United Way. Mr. Williams stated that the campaign goal this year is $1.7 million. Mr. Bannon thanked Angie Helfrick, County Campaign Chair, for her hard work. Ms. Helfrick stated that she would like the County to become a pacesetter for the campaign. Commissioner Nipps presented a proclamation to the United Way representatives designating September 2005 as United Way Awareness Month for its provision of resources to health and human service programs and commending this observance to all our citizens. BI-MONTHLY REPORT – ANIMAL CONTROL RELATED STATISTICS AND EVENTS Paul Miller, Director of the Washington County Humane Society, provided an update on statistics related to animal control. He reported that AUGUST 30, 2005 PAGE SIX 5,195 animals were taken in during Fiscal Year 2005. He also provided information on their adoption and disposition. Mr. Miller reviewed the fees as provided in the Animal Control Ordinance for Section 3 - Sick or Injured Animals, Section 40 - Impoundment – Redemption of Impounded Animals, Section 41 – Disposition of Animals, and Section 47 – Adoptions. Mr. Miller also provided a report on the number of dogs declared vicious and dangerous. He recommended that revisions be made to this section. The Commissioners asked Mr. Miller to compile the proposed revisions and send them to the County Attorney’s office for consideration. Commissioner Snook thanked Mr. Miller for the update and commended him for his work on a difficult job. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 8:43 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk