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HomeMy WebLinkAbout051004 October 4, 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, 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 – SEPTEMBER 27, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of September 27, 2005, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Joseph Charles (Purchasing) and John Swauger (Engineering). The Commissioners welcomed the new employees and wished them well in their positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps informed the Commissioners that she attended the Business & Professional Women’s annual banquet. She stated that she also attended the groundbreaking ceremony for the City/County sewer interconnector. Commissioner Munson stated that he also attended the groundbreaking ceremony. He informed the Commissioners that the road reclamation project on Maugans Avenue is going well. Commissioner Wivell reported on the Maryland Association of Social Services Boards Annual Conference in Ocean City. Commissioner Kercheval informed the Commissioners that he attended the Greater Hagerstown Committee’s forum on education, the Economic Development Commission’s Project Worm Burner tour, and the Local Management Board’s Task Force on Teen Pregnancy. He reported on the Planning Commission meeting. Commissioner Kercheval stated that they hope to hold a joint meeting with the City of Hagerstown’s Planning Commission in the near future. Commissioner Snook reminded the Commissioners that the public hearing on the Workforce Housing Task Force’s recommendation is scheduled for October 5 in Court Room #1. He also reminded them that the State Highway Administration’s Annual Transportation Tour meeting is scheduled for October 6. Commissioner Snook informed the Commissioners that the Department of Natural Resources would be conducting a three-year study to define a recharge area for the fish hatchery. He stated that well drilling for new construction would be suspended in the area from November through February while the study is ongoing. Commissioner Snook reported on the Chamber of Commerce’s Board meeting. The Commissioners discussed the Bay Restoration Fund fees charged by the State for property owners who are connected to septic systems and the confusion that it is a County fee. They asked the County Administrator to make sure that information regarding the State’s directive is included on the County’s website. APPROVAL TO FILL VACANCIES Motion made by Commissioner Nipps, seconded by Kercheval, to approve filling the vacancy for a Maintenance Equipment Operator I in the Highway Department and two (2) part-time Bus Drivers in the Transportation Department. Unanimously approved. REPORTS FROM COUNTY STAFF Cassandra Latimer, Economic Development Commission (EDC) Marketing Specialist, provided an update on the Project Worm Burner event. Ms. Latimer explained that Project Worm Burner provides real estate consultants and Department of Business & Economic Development staff with OCTOBER 4, 2005 PAGE TWO a tour of Washington County to see what the County has to offer as well as the opportunity to play golf at Black Rock Golf Course. She stated that the entire event is sponsored by local businesses and agencies and does not require county funding. PROCLAMATION – DOMESTIC VIOLENCE AWARENESS MONTH Commissioner Nipps presented a proclamation to Vicki Sadehvandi, Executive Director of CASA - Citizens Assisting & Sheltering the Abused, Inc., Capt. Douglas Mullendore, Chair of the Family Violence Council; and Cheryl Morgan, representing the Family Violence Council, designating October 2005 as Domestic Violence Awareness Month in Washington County and urging all citizens to strive to recognize, understand and respond to the needs of family violence victims within the community. Ms. Sadehvandi thanked the Commissioners for the proclamation and provided information on the number of cases of family violence reported in Washington County over the past year. CITICORP TRAFFIC SIGNAL AGREEMENT Gary Rohrer, Director of Public Works, met with the Commissioners to review the proposed agreement with Antrim Township, Pennsylvania, and Citicorp Credit Services to upgrade the existing traffic signal to a full-color traffic control signal at the intersection of PA 163 and Citicorp Drive, I-81 Exit One ramp. Mr. Rohrer explained that the costs of the signal would be paid by Citicorp with Washington County to cover the monthly operating costs and the maintenance costs after the first year. He stated that the monthly operating costs are estimated to be $150. Antrim Township would be required to file any and all permit applications. The meeting was then opened for discussion and questions. Motion made by Commissioner Nipps, seconded by Kercheval, to enter into an agreement with Antrim Township, Pennsylvania, and Citicorp to upgrade the traffic signal at the intersection of PA 163 and Citicorp Drive, I-81 Exit One ramp, as outlined. Motion carried with Commissioners Kercheval, Nipps, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” LETTER OF INTENT – PARTICIPATION IN THE MARYLAND HOUSING REHABILITATION PROGRAM Motion made by Commissioner Nipps, seconded by Munson, to submit a Letter of Intent to the Maryland Department of Housing & Community Development (DHCD) indicating that Washington County would participate in the Maryland Housing Rehabilitation Program (MHRP), enter into a Local Administering Agreement authorizing the County to be a Level I Administrator of DHCD Special Loan Programs, and enter into a sub-contractor agreement with Community Action Council for the administration of the program. Unanimously approved. DISABILITIES AWARENESS MONTH PROCLAMATION Commissioner Kercheval presented a proclamation to Peggy Martin, Joe Kuhna, and Norman Bassett, representatives of the Disabilities Advisory Committee, designating the month of October 2005 as Disabilities Awareness Month in Washington County. Ms. Martin thanked the Commissioners for their support. She noted the activities scheduled throughout the month to promote disabilities awareness in the community. IMPACT OF URBAN GROWTH ON VOTER REGISTRATIONS James Mobley, Chair of the Washington County Board of Elections, and Dorothy Kaetzel, Director of the Elections Board, met with the Commissioners to discuss the potential impact of the housing growth on voter registrations. Mr. Mobley introduced Clyde Tate and John Benchoff, who are the new substitute members on the Board. Mr. Mobley stated that they have gathered information on planned housing construction in order to develop a plan to handle the expected growth over the next three election cycles. He indicated that they would be reviewing all election districts in the Urban Growth Area to determine if they could be subdivided. Mr. Mobley stated that the voter registration growth would require additional voting equipment and election judges. He estimated that there would be a 12% increase in FY 2006-07, which would require an additional $81,000 for voting equipment over the planned County share and OCTOBER 4, 2005 PAGE THREE an additional $39,000 to hire additional election judges. He presented a plan for the relocation of polling places. Mr. Mobley stated that the County can help by allowing County employees to serve as election judges without using leave time. This would serve to enlarge the pool of judges. He also suggested that all new developments of 300 or more housing units be required to have suitable buildings for use as a polling place. Mr. Mobley asked for the County’s assistance in locating polling places. The meeting was then opened for discussion. The Commissioners commended the Election Board for being pro-active and identifying their future needs. CERTIFICATES OF MERIT – OUTGOING GAMING COMMISSION MEMBERS Commissioner Snook presented certificates of merit to Terry Reiber, John Doarnberger, and Kim Kidd in recognition of their outstanding service as members of the Washington County Gaming Commission. He commended them for their leadership and dedication. The Commissioners offered their appreciation to the outgoing members for the contribution of their time to improve the quality of life for citizens of Washington County. The Commission members thanked the Commissioners for the certificates and agreed that it was an honor to serve on the Gaming Commission. REZONING MAP AMENDMENT RZ-05-007 – HEIDI MACKLEY, TRUSTEE Richard Douglas, County Attorney, reviewed map amendment RZ-05- 007, submitted by Heidi Mackley, Trustee, to rezone the subject property from RU-Residential Urban to BG-Business General. He stated that the Board asked and the applicant agreed to an amendment of the application to BL-Business Local, which was discussed at the September 27, 2005 meeting. He stated that he was directed to prepare the Findings of Fact and a Decision reflecting the consensus the Board reached during last week’s meeting. Motion made by Commissioner Nipps, seconded by Wivell, to adopt the Findings of Fact and Decision for rezoning request RZ-05- 007. Unanimously approved. REZONING MAP AMENDMENT RZ-05-005 – DAVID LYLES DEVELOPERS, APPLICANT Steve Goodrich, Senior Planner, reviewed map amendment RZ-05- 005, submitted by David Lyles Developers to rezone the subject property from RS – Residential Suburban to BL – Business Local. Mr. Goodrich stated that the Planning Commission recommended denial of the rezoning based upon a determination that this request would create “spot” zoning of a commercial property within a residential area and that the request is not logical or appropriate and is not consistent with the Comprehensive Plan. The meeting was then opened for discussion. Commissioner Wivell stated that he supports the request and noted that the property lies within the Urban Growth Area and that water service is available. He also explained that the rezoning would have no impact on schools, there are other BL designations in the corridor, and he feels the applicant made a case that there was a change in character of the neighborhood. Commissioner Wivell cited concerns with potential access to the site and traffic issues. Mr. Goodrich stated that the State Highway Administration would regulate the design and designate where the entrance to be property could be constructed. Commissioner Nipps stated that she agrees with Commissioner Wivell that there has been a change in the character of the neighborhood. She expressed concerns regarding the site but feels that the State has addressed the issues regarding the entrance. Commissioner Snook indicated that he feels the property is better suited for a business use than a residential use. Commissioner Munson also expressed his support of the application. Commissioner Kercheval stated that he is not in agreement with the Planning Commission’s assessment that it would create a spot zoning of commercial property within a residential area. He noted that the definition of the BL designation provides for neighborhood businesses. OCTOBER 4, 2005 PAGE FOUR Commissioner Kercheval stated that there are few residential homes in area. He indicated that he would like to see the applicant explore a joint access point with the undeveloped church property off Rt. 60, which is adjacent to it. He also expressed the need for buffering along the back of the site. After discussion, it was the consensus of the Commissioners to support the applicant’s request and to direct the County Attorney’s Office to proceed to develop the findings of fact and decision as outlined. CITIZEN’S PARTICIPATION There was no one present who wished to participate. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the Task Force finished its interviews with the two bidders on the emergency communications radio systems project. He stated that they hope to have a recommendation to award the contract for the Commissioners’ consideration early in December. Mr. Shoop also informed the Commissioners that interviews are being held to fill the position of Director of the Emergency Services Department. He reviewed the process used and time frame for completing the agenda report forms that are included for each agenda item. APPOINTMENT – GAMING COMMISSION Motion made by Commissioner Wivell, seconded by Nipps, to appoint William Cowden to the Washington County Gaming Commission for a two-year term. Unanimously approved. RECESS – LUNCH AND TOUR – UNIVERSITY OF MARYLAND’S WESTERN MARYLAND RESEARCH & EDUCATION CENTER The Commissioners recessed at 11:38 a.m. in order to attend a luncheon and tour of the University of Maryland’s Western Maryland Research and Education Center. AFTERNOON SESSION The afternoon session was called to order at 1:47 p.m. by President Gregory I. Snook, with the following members present: Commissioners William C. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. CERTIFICATES OF MERIT – DEPARTMENT OF WATER QUALITY EMPLOYEES The Commissioners presented certificates of merit to the following Department of Water Quality employees who provided volunteer assistance to remove an abandoned tank from the Antietam Creek: Mike Marker, Shane French, Dennis Engle, Danny Hovermale, and Bill Blair. The Commissioners thanked the gentlemen for their commitment and dedication to the citizens of the County. Greg Murray, Director of the Department of Water Quality, stated that a letter of appreciation was received from the Maryland Department of the Environment for assisting in removal of the tank. Commissioner Snook presented Greg Murray with a certificate of merit in recognition of having received his Bachelor of Business summa cum laude Administration and commended him for his dedication and perseverance. The Commissioners each offered their congratulations on this accomplishment. Mr. Murray thanked the Commissioners for the certificate. RUNWAY 2/20 AVIGATION EASEMENT Motion made by Commissioner Nipps, seconded by Kercheval, to approve an administrative settlement of $30,000 to Dim’ A-Game LLC for the acquisition of a 2.5 acre avigation easement over their property located at 14563 Industry Drive, which is required by the Runway 2/20 Obstructional Removal Project at the Hagerstown Regional Airport. Unanimously approved. LEGISLATIVE PROPOSALS FOR 2006 SESSION – CONTINUED Richard Douglas, County Attorney, reviewed the list of proposals for legislation for the 2006 session. The Commissioners discussed each of the OCTOBER 4, 2005 PAGE FIVE items and agreed to hold a public hearing prior to submitting the requests to the local delegation to the General Assembly. Excise Tax – discretion for the County Commissioners to grant individual exemptions. The Commissioners agreed that the discretion to grant exemptions was not intended for residential development, and that they would support the change only as an incentive for commercial uses for economic development purposes. Jobs Creation Tax Credit – Contractual Employment Position The Commissioners discussed this item at last week’s meeting. It was the consensus to include it in the legislative requests. Civil Citations (Weed Control, Electrical, Plumbing, Building and Mechanical Codes, and Health Department) Request authorization to utilize civil citations in the enforcement of codes to provide a means of enforcement that could be pursued without charging the citizen with a crime. The Commissioners agreed to include this request. Commissioner Wivell stated that he does not support this request. Fire Police To allow the Sheriff to appoint more than three members of fire companies as deputy sheriffs, also known as fire police. This item will be included to submit to the Delegation. Sheriff’s Deputies – Extension of Probationary Period Recommendation that the Washington County portion of the statute be amended to eliminate any mention of a probationary period so that the Sheriff may establish it as a matter of policy and may deal with personnel in different divisions separately as it may be appropriate to do so. It was the consensus to support this request. County Attorney Propose to update the current language in the Code of the Public Local Laws to allow the employment of more than one county attorney. The Commissioners supported the request. Exemption from Motor Fuel Taxes for County Commissioner Munson has proposed legislation to exempt the County from state motor fuel taxes. This would be statewide legislation. It was the consensus not to include this item in the County’s request. Cell Phone Use while Driving Commissioner Munson’s initiative would ban the use of cell phones while driving, even with hands-free equipment. The Commissioners agreed to discuss this with the Delegation. Local Management Board Reauthorization This is a proposal to support a legislative effort to pass a new legislation that would replace the previous law that was allowed to “sunset” on July 1, 2005. The Commissioners agreed to support this statewide legislation. Child Abuse and Fourth Degree Sexual Offense This proposal from the State’s Attorney’s Office would make child abuse a “crime of violence” that would be eligible for enhanced penalties at sentencing and increase the penalty for a fourth degree sexual offense. The Commissioners agreed to the request if the State’s Attorney supports it. PROPOSAL TO CONSTRUCT SECOND MUSEUM BUILDING – RURAL HERITAGE MUSEUM John Barr, Chairman of the Washington County Rural Heritage Museum, and Gerald Poffenberger, President of the Agricultural Education Center Board, met with the Commissioners to request approval to construct a second museum building at the Agricultural Education Center. Mr. Barr stated that the Maryland General Assembly awarded a matching grant of OCTOBER 4, 2005 PAGE SIX $75,000 to the Agricultural Education Center Board for the construction and capital equipping of the Rural Heritage Village. The two committees believe that the best use of these funds would be to construct a second museum building to house the growing collection of equipment and machinery that has been donated to them. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Nipps, to authorize the Rural Heritage Museum Committee and Agricultural Education Center Board to proceed with construction of the second museum building at the Agricultural Education Center. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 3:10 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk