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HomeMy WebLinkAbout070123 January 22, 2007 Hagerstown, MD 21740 JOINT PUBLIC HEARING – REZONING CASES RZ-06-016 & RZ-06-017 A joint public hearing of the Board of County Commissioners of Washington County, Maryland and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning Map Amendments RZ-06- 016 and RZ-06-017. Presiding at the hearing were County Commissioners President John F. Barr and Planning Commission Chair George Anikis. Also present at the hearing were County Commissioners Kristin B. Aleshire, Terry L. Baker, James F. Kercheval and William J. Wivell, and Planning Commission members Linda Parrish, Terry Reiber, Bernie Moser, Samuel Ecker, and Clint Wiley. The public hearing was adjourned at 9:05 p.m. __________________________, County Administrator , County Attorney , Clerk January 23, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:39 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire,James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JANUARY 16, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of January 16, 2007. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Aleshire, to convene in closed session at 8:44 a.m. to discuss the appointment, employment, assignment, promotion, or compensation of appointees, employees, or officials over whom the Commissioners have jurisdiction and any other personnel matters that affect one or more specific individuals; in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECESS – LUNCH The Commissioners recessed from 11:58 a.m. for lunch and continued in Closed Session at 1:24 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to reconvene in open session at 2:07 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel matters relating to the appointment, employment, assignment, promotion, or compensation of appointees, employees or officials over whom the Commissioners have jurisdiction and other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval and William J. Wivell. Also present at various times were John Martirano, County Attorney; Joni Bittner, County Clerk; Dee Hawbaker, Acting Director of Human Resources; and three potential candidates for employment. JANUARY 23, 2007 PAGE TWO COMMISSIONERS’ REPORTS & COMMENTS Commissioner Wivell reviewed a citizen’s complaint he received regarding permits fees for replacement of home appliances. He questioned whether the Governor’s proposed budget regarding expansion of the prison complex included the expansion of existing facilities or the acquisition of additional land, and stated that the Commissioners should ask the Delegation to research this issue. Commissioner Wivell also reported on the Social Services Board meeting. Commissioner Kercheval reported on the meetings of the Golf Corporation Board and the Local Management Board. He stated that he and Commissioner Barr attended the Clear Spring Volunteer Fire & Rescue Company awards banquet and presented certificates recognizing the volunteers. Commissioner Baker reported that he presented awards to the Hancock Youth Basketball League on behalf of the Recreation & Parks Board. Commissioner Barr reported on meetings of the Agricultural Education Center Board and the Airport Commission. He informed the Commissioners that he received notification from the Maryland Department of the Environment that Highland View Academy has applied for a sewage sludge utilization permit to transport sludge to the Conococheague Wastewater Treatment Plant for further treatment and provided information to them if they wished to comment. Commissioner Barr stated that the Civil War Museum in Frederick has extended an invitation to visit the Museum. He reported that the Maryland Theatre sent a letter outlining its new initiatives. Commissioner Barr stated that Maryland Aviation Administration grants have been received for rehab of the east and west aprons at the Hagerstown Regional Airport and for engineering fees. He also reported that notification from the Maryland Environmental Trust was received that a perpetual easement on a 98-acre parcel in Washington County was donated by Allan Stonebreaker. CITIZENS’ PARTICIPATION Tom Berry, representing the Citizens for the Protection of Rights (CPR), stated that CPR feels there should be a citizen advisory committee appointed upfront regarding the Urban Area Rezoning issue and that the committee should include rural landowner representation. He stated that they feel the Comprehensive Plan should be in place before the County starts the process. Jerry Ditto expressed his concerns about the Preliminary Report on Transferable Development Rights presented by the consultant and stated that it also needs to include rural “sending areas.” COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that they would be leaving tomorrow at 6:30 a.m. for Annapolis to meet with the Local Delegation to the General Assembly. APPOINTMENT – GAMING COMMISSION Motion made by Commissioner Wivell, seconded by Aleshire, to appoint Judith Ferro to the Gaming Commission for a two-year term. Unanimously approved. APPOINTMENT - LOCAL MANAGEMENT BOARD Motion made by Commissioner Kercheval, seconded by Baker, to appoint Samuel Key to fill the unexpired term of Michael Keiffer, which extends to June 30, 2009. Unanimously approved. APPOINTMENT – ANIMAL CONTROL AUTHORITY ALTERNATE Motion made by Commissioner Kercheval, seconded by Baker, to appoint John Venditta to the Animal Control Authority as an alternate for a three (3)year term. Unanimously approved. REPORTS FROM COUNTY STAFF Motion made by Commissioner Kercheval, seconded by Aleshire, to fill the Senior Plant Operator position at the Water Quality Department and Part-time Landfill Attendant at Solid Waste Department. Unanimously approved. JANUARY 23, 2007 PAGE THREE CHANGE ORDER #3 – RUNWAY 9/27 REHABILITATION PACKAGE 3 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve Change Order #3 with new Enterprise Stone & Lime Company in the amount of $147,527.90 for Runway 9/27 Rehabilitation, Package 3, for design and field changes made to the construction contract including excavation in the wing wall areas of the bridges, revising the fire detection system, provision of temporary power for bridge lighting, modification of wing wall height, miscellaneous electrical quantity changes, blasting revisions, installation of CR-6 stone backfill around sewer lines, construction of a containment curb on Runway 9 hold apron, sewer line modifications, and miscellaneous quantity adjustments. Motion carried with Commissioners Kercheval, Aleshire, Baker and Barr voting “AYE” and Commissioner Wivell voting “NO.” PANGBORN ELEMENTARY SCHOOL – FUNDING FOR SITE WORK Boyd Michael, Assistant Superintendent for School Operations, and Robert Rollins, Acting Director of Facilities Planning and Development, met with the Commissioners to request approval to advertise for bids for site work at the new Pangborn Elementary School. Mr. Michael stated that approval is needed to proceed in order for the project to remain on schedule. Mr. Rollins provided an estimate of the costs for the site work. He stated that the funds are budgeted as part of the FY 2007 Capital Improvement Program (CIP) budget. The meeting was then opened for discussion and questions. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the Board of Education’s request to advertise for bids for the site work for the new Pangborn Elementary School. Motion carried with Commissioners Kercheval, Aleshire, Baker, and Barr voting “AYE” and Commissioner Wivell voting “NO.” LEGISLATIVE PROPOSALS FOR 2007 GENERAL ASSEMBLY Kirk Downey, Assistant County Attorney, distributed a list of items identified as issues to be addressed with the Local Delegation to the General Assembly during the 2007 legislative session. Central Booking Facility – A request that the Delegation be encouraged to continue its support for State funding for the project. Fire Police Legislation – A request to clarify the procedures governing members of fire companies who are appointed as fire police. Child Luring Law - A proposal to adopt legislation making it a crime to intentionally lure a child into a motor vehicle or structure without the presence of the child’s parent(s.) Prevailing Wage – A request that local figures specific to Washington County be used to determine the prevailing local wage when a project requires that workers be paid the prevailing local wage rather than the regional wage rate. Staff has determined that no legislative action is required on this item, but that the matter should be discussed with the delegation. Civil Citations – A request for legislative authorization to allow the County to issue civil citations in enforcement of its trade and building codes, rather than having to resort to criminal charges for enforcement. Bond Authority – Request for legislation authorizing the Board of County Commissioners to issue $80 million of general obligation bonds over the next four years to finance the construction costs of public facilities. Public Local Laws – Request for authorization to publish and legalize a current edition of the Code of Public Local Laws for Washington County. Potential Item – Excise Tax – Potential request for legislation increasing the maximum authorized amount for the excise tax, and discussion of potential changes to the Excise Tax Ordinance that could be accomplished at the local level without additional legislation. The Commissioners then discussed the excise tax ordinance. Andrew Wilkinson, Assistant County Attorney, presented proposed language to amend the definition of Nonresidential Addition Construction for their consideration. Mr. Wilkinson stated that the amendment can be done by amending the County’s Excise Tax Ordinance. After discussion, it was the consensus not to change the language and consider each request on a case- JANUARY 23, 2007 PAGE FOUR by-case basis to allow the County to maintain greater control. They also agreed to discuss this with the Delegation. Commissioner Kercheval presented information regarding the excise tax. He indicated that his intent is not to increase the tax at this time but suggested that the Commissioners consider having the excise tax cap increased in the enabling legislation because, if it is not done this term, it won’t be able to be addressed until July 2008. No consensus was reached regarding changing the cap for the excise tax; however, the Commissioners agreed it could be discussed with the Delegation at the meeting tomorrow to obtain their input. Commissioner Barr expressed concerns regarding the current fee structure and stated that he feels it should be based on a graduated scale relating to square footage. URBAN GROWTH AREA ADVISORY COMMITTEE Michael Thompson, Director of Planning & Community Development, and Stephen Goodrich, Chief Planner, met with the Commissioners to discuss the composition of the Urban Growth Area Advisory Committee. Mr. Goodrich provided information on the representation of the task force that reviewed the Rural Area Rezoning proposal. He stated that other areas for consideration include the Economic Development Commission, League of Women Voters, municipalities, citizen organizations, housing, and at- large representation. Mr. Goodrich recommended that the committee consist of 11 members or less and the members be appointed by the Commissioners from the organizations set forth. Assignments for the committee could include, expanding or decreasing the size of the urban and town growth areas; desired minimum/maximum densities in growth areas; workforce housing; and analysis of the growth areas as receiving areas for transferred development rights. Mr. Goodrich emphasized that staff believes the Advisory Committee should be formed at the beginning of the project and not at the end. Mr. Thompson suggested that the core group would remain the same but that they would include additional representation when they are dealing with town growth areas. The meeting was then opened for questions. The Commissioners agreed that the Advisory Committee should be formed at the beginning of the process. They decided that each Commissioner would appoint one member and then choose the remaining members at-large since some individuals may represent more than one interest group. They did not set a firm number of members to appoint to the board but agreed to do so before the appointments are made. It was the consensus to have staff proceed to solicit applications from interested groups and the public. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 4:23 p.m. to consult with counsel to obtain legal advice on a legal matter; and consult with staff, consultants, or other individuals about pending or potential litigation, 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 Baker, to reconvene in open session at 4:49 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter and consulted with staff, consultants, or other individuals about pending or potential litigation. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Rod Shoop, County Administrator; and Gary Rohrer, Director of Public Works. JANUARY 23, 2007 PAGE FIVE ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn at 4:49 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk