Loading...
HomeMy WebLinkAbout070605 June 5, 2007 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 Vice President Terry L. Baker with the following members present: Commissioners James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed, followed by the Pledge of Allegiance to the Flag by the full assemblage. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the Chamber of Commerce Board meeting and the Board of Education’s redistricting meeting. He reported on June’s Planning Commission meeting, as well as the joint workshop meeting with the City of Hagerstown Planning Commission and the County Planning Commission to discuss the draft of the City’s Comprehensive Plan. He commended North Hagerstown and Boonsboro High Schools, which were recently listed in Newsweek Magazine as being amongst the top 1,200 high schools in the country. North Hagerstown ranked 355 and Boonsboro ranked 1067. Commissioner Wivell reported on the meeting of the PenMar Development Corporation Renaissance Committee. He stated that water system improvements were listed on the projects for funding consideration. Commissioner Baker reported on the Community Action Council meeting. He informed the Commissioners that he attended the Civil War Roundtable meeting to present the 2007 History Teacher of the Year Award to Thomas Kitchens. Commissioner Baker stated that he attended the meeting of the Citizens for the Protection of Washington County. He also indicated that he had several citizen complaints regarding County roads. Commissioner Baker informed the Commissioners of other upcoming events. CERTIFICATE OF MERIT – BRANDI NAUGLE Commissioner Baker presented a Certificate of Merit to Brandi Naugle in recognition of her certification as a Certified Professional Public Buyer (CPPB) certification through the Universal Public Purchasing Certification Council. Ms. Naugle also received a framed certificate from the Universal Public Purchasing Certification Council. The Commissioners congratulated Ms. Naugle on her accomplishment. REZONING MAP AMENDMENT RZ-06-016 (ANTIETAM INVESTMENTS) Kirk C. Downey, Assistant County Attorney, reviewed map amendment RZ-06-016, submitted by Antietam Investments to rezone the 3.1 acres of land designated as Parcels 551, 579, 675, and a portion of Parcel 578, which front on Virginia Avenue, from RU-Residential Urban to BL-Business Local. The application was discussed at the April 24, 2007 meeting. Motion made by Commissioner Kercheval, seconded by Wivell, to grant rezoning request RZ-06-016 from RU-Residential Urban to BL-Business Local based upon a change in the character of the neighborhood and to adopt the Findings of Fact and Articulation of Reasons as set forth in the report of the County Attorney with the conditions as outlined with regard to adequate buffering and access. Unanimously approved. (The adopted Findings of Fact for RZ-06-016 are attached.) MARYLAND ACCESS POINT GRANT APPLICATION Susan MacDonald, Executive Director of the Commission on Aging, and William Beard, Vice-President of the Board of Directors, met with the Commissioners to request their support of a Maryland Access Point grant application. Ms. MacDonald explained that this is a federal initiative to increase the ability of older or disabled citizens to be self-reliant through the provision of streamlined information and assistance. She stated that the Commission on Aging is acting as the lead applicant in collaboration with the Health Department, Department of Social Services, and the Center for Independent Living. Mr. Beard noted that the Commissioners’ support and recommendation increases the possibility of receiving the grant and noted the ties to the disabled community. Ms. MacDonald also requested that the Commissioners contact Gloria Lawlah, Secretary of the Maryland Department of Aging, in support of the grant. JUNE 5, 2007 PAGE TWO It was the consensus of the Commissioners to send a letter supporting the Maryland Access Point grant application being submitted by the Washington County Commission on Aging as the lead agency for these funds. (Commissioner Aleshire arrived at 9:19 a.m.) CITY OF HAGERSTOWN ANNEXATION (A-2007-02) – NORFOLK & SOUTHERN RAILWAY Michael Thompson, Director of Planning & Community Development, met with the Commissioners to review the annexation request before the City of Hagerstown for the Norfolk Southern property. Mr. Thompson stated that the property consists of approximately 95 acres of land located south of the current municipal boundary. The applicant is requesting IG (Industrial General) zoning. The property is now zoned PI (Planned Industrial) per the County zoning map. Mr. Thompson stated that the passage of House Bill 1141 in 2006 changed the standard for review of annexation requests. The present requirement is that “no municipality annexing land may for a period of five years following an annexation, permit development of the annexed land for land substantially uses different than the use authorized, or at a substantially higher, not to exceed 50%, density that could be granted for the proposed development, in accordance with the zoning classification of the county applicable at the time of the annexation without the express approval of the Board of County Commissioners or county council of the county in which the municipality is located.” Mr. Thompson informed the Commissioners that, based on the information provided, the staff believes that it would be appropriate to recommend that the City address the following issues as part of the approval process: 1) Screening should be provided along the western and southern boundaries of the property to protect the integrity of the residential lands in the County; 2) Lighting should be directed within the facility and designed that there be no spill over on to the adjoining residential communities; 3) A traffic study should be required and approved by the County Engineer as well as the access to the property. Any necessary road improvements to public streets shall be completed at the direction of the County Engineer and at the developer’s expense; 4) Attention should be paid to the type of fencing used to secure and buffer this site from the surrounding residential development; and 5) Hours of operation should be addressed to minimize potential noise impacts on adjacent properties. The meeting was then opened for questions and discussion. Commissioner Aleshire stated that he does not believe the County can add conditions if the land uses are consistent, but agreed the conditions should be outlined as suggestions for the City’s consideration. Commissioner Kercheval expressed concerns whether the uses are consistent. The Commissioners discussed the new process under House Bill 1141. Stuart Bass, City Comprehensive Planner, was in attendance to answer any questions. Greg Nearchos thanked the Commissioners for allowing him to speak since this is not a public hearing. He presented a petition to the Commissioners with 150 signatures from neighbors in the area outlining their concerns. Mr. Nearchos stated that their concerns mirror those of the County Planning Commission and also suggested that they consider an alternate access through the shopping center. Commissioner Kercheval stated that he is not comfortable supporting staff’s opinion and feels that there are too many “unknowns.” He indicated that he would like to have an opinion from the Attorney General’s Office regarding the interpretation of House Bill 1141 in this particular case. Commissioner Kercheval also indicated that the Commissioners should have been provided more of the information that was available to the County and City staff including the proposed site plan. Commissioner Aleshire also agreed that the suggestions made by the Planning staff should be sent to the City, including concerns regarding an alternative access to the site. John Martirano, County Attorney, advised the Commissioners that under House Bill 1141, if the land use is consistent with the existing use, then the Commissioners’ “express approval” is not necessary. Kirk C. Downey, Assistant County Attorney, JUNE 5, 2007 PAGE THREE explained that due to the way the bill is written, he does not believe that any direct action is required by the County. After discussion, it was the consensus of the Commissioners to have the attorneys review House Bill 1141 and return later in the meeting to review their findings. BID AWARD – EAST & WEST APRON REHABILITATIONS AND TAXIWAY A/G MODIFICATIONS (PHASE II) - HAGERSTOWN REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Mahesh Kukata, representing Airport Design Consultants, Inc., met with the Commissioners to provide an update on the project and outline the work included in the bid. Ms. Motz stated that they expect to have the grant in place within the next three weeks. Motion made by Commissioner Kercheval, seconded by Aleshire, to award the contract for rehabilitation of the east and west aprons and taxiway A/G modifications – Phase II at the Hagerstown Regional Airport to C. William Hetzer, which submitted the low responsive, responsible bid of $2,789,515.25. The project is part of the Airport Capital Improvement Program (CIP) with 95% FAA funding and 2.5% each State and County funding, and is contingent upon receipt of the funding. Motion carried with Commissioners Kercheval, Aleshire, and Baker voting “AYE” and Commissioner Wivell voting “NO.” PUBLIC HEARING – INTENTION TO ABANDON AND CLOSE A PORTION OF POLECAT HOLLOW ROAD The Commissioners convened a public hearing at 10:04 a.m. in order to provide an opportunity for public comment on the request made by the Washington County Sportsman Club (WCSC) to abandon/close 2.4 miles of Polecat Hollow Road and convey the abandoned portion to WCSC by quitclaim deed. Joe Kuhna, Real Property Administrator, explained that the road has not been used by the County as a roadway and is no longer needed for a public purpose. He stated that the County has not asked for any monetary consideration, but has requested parcel of land to be used in the future for a communications equipment site. The meeting was then opened for public comment. Mike Shifler, President of WCSC, stated that all of the members are in support of closing the roadway. The hearing was closed at 10:07 a.m. Motion made by Commissioner Wivell, seconded by Aleshire, to abandon/close approximately 2.4 miles of Polecat Hollow Road and to convey the abandoned portion of the road to the Washington County Sportsman Club by quitclaim deed in exchange for a parcel of land to be used by the County as a communications equipment site in the future. Unanimously approved. REQUEST TO ADVERTISE VACANT BUILDING INSPECTOR POSITION – PERMITS & INSPECTIONS DEPARTMENT Dan DiVito, Director of Permits & Inspections, and Angela Smith, Deputy Director, met with the Commissioners to request permission to advertise to fill the vacant, budgeted Building Inspector position that was created by a recent resignation. Mr. DiVito reviewed information showing the number of inspections his Department has performed to date. He stated that the four-year average is 20,504 and they have performed 21,075 inspections already this year. Ms. Smith noted that all inspections are performed within 48 hours of the request and permit applications are reviewed within two weeks. They stated that, although a plumbing inspector position was approved last fiscal year, they have not filled the position and are recommending that it be held open to be re-evaluated at a later date. The meeting was then opened for discussion and questions. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve advertising to fill the vacant, budgeted Building Inspector Position in the Permits & Inspections Department. Unanimously approved. EMERGENCY SHELTER GRANT APPLICATION – FY 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the submission of an Emergency Shelter Grant application for FY 2007 to the Department of Housing and Community Development in the amount of JUNE 5, 2007 PAGE FOUR $50,000 that would provide funding for the Community Action Council, CASA, St. John’s Shelter, and REACH, Inc., and to approve the grant agreements and sub-recipient agreements subject to the review and approval of the County Attorney. Unanimously approved. CITIZENS’ PARTICIPATION Daniel Moeller commented on the Board of Education’s retirement system, stating that he feels additional vendors should be used so that employees have more choices. He asked the Commissioners to look into this matter. PROPERTY TAX ASSESSMENT APPEALS BOARD It was the consensus of the Commissioners to forward the names of William Feuerstein, Christopher MacLain, and Richard Reynolds to the State Secretary of Appointments for consideration for appointment to the Property Tax Assessment Appeals Board. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, informed the Commissioners that Senator Mikulski’s office notified him that $109,000 in Appalachian Regional Commission (ARC) funds were received for the County’s GIS system. He stated that it has been the practice to exempt County and Board of Education projects funded by the General Fund from permits fees. He cited projects such as the radio communications project and portable classrooms that fall into this category. It was the consensus to proceed with the practice of exempting these projects from permit fees. LEASE AGREEMENT – MUDD VOLLEYBALL TOURNAMENT FUNDRAISER Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the agreement to lease a site near the Washington County Regional Airport to the Regional Community Health Care Foundation for the period of July 16– 23, 2007, to allow them to hold the annual MUDD Volleyball Tournament with proceeds to benefit the Community Free Clinic, contingent upon liability insurance being provided by the lessee. Unanimously approved. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Public Works, provided an update on the Maugans Avenue improvement project. He stated that a geologist from the Maryland Department of the Environment (MDE) recently assessed the sinkhole on Maugans Avenue and the related damage, who opined that, based on his experience, he believes that it will cost approximately $250,000 for the County to mitigate the problem. Mr. Kroboth outlined the procedures recommended by the State geologist to deal with the conditions. He indicated that there is an existing State contract with a firm that specializes in this type of work, and he will be meeting with the Purchasing Department and the local contractor for the project to determine how to proceed. Mr. Kroboth informed the Commissioners that the electronics recycling event at the landfill brought in 24,000 pounds of material for recycling last week. The cost to the County was $246 plus advertising and labor. Mr. Kroboth also informed the Commissioners that they received notification that MDE has accepted the County’s proposal to perform a partial cap on the Resh Road Landfill. He recognized Rob Slocum, Deputy Chief Engineer, for his persistence in working with MDE to resolve this issue. Kathy Kroboth, Zoning Coordinator, appeared before the Commissioners in her capacity as the County’s Red Cross Blood Drive Coordinator. She informed them that the Red Cross recently recognized the County for sponsoring five blood drives per year and collecting 103 units last year. She presented the Certificate of Appreciation from the Red Cross to Commissioner Baker. CITY OF HAGERSTOWN ANNEXATION (A-2007-02) – NORFOLK & SOUTHERN RAILWAY - CONTINUED John Martirano, County Attorney, informed the Commissioners that upon review of House Bill 1141, nothing was found that legally requires this Board to make a finding of consistency. He reviewed the language for the Commissioners and stated that the Planning staff has reviewed the JUNE 5, 2007 PAGE FIVE application and found it to be consistent under the zoning. He indicated that, if the Commissioners would determine that it is consistent, there is nothing more they need do. However, if they determine that it is not consistent, then the County could give express approval. Mr. Martirano advised them that the City can annex the property without their express approval and this would only become an issue when exercising zoning authority. He stated that he does not believe that action would have to be taken today for the City to hold its scheduled public hearing tonight. Mr. Bass indicated that he would read into the record at the hearing tonight that the annexation request has been presented to the County but that no decision was reached. After discussion, it was the consensus to delay a decision on consistency until further review. Kirk C. Downey, Assistant County Attorney, suggested that the Board of County Commissioners should not delay in sending a letter to the City outlining their concerns expressed earlier today. BUDGET DISCUSSION Debra Murray, Director of Finance, and Kim Edlund, Assistant Director, met with the Commissioners to discuss several budget items that should be resolved prior to adoption of the budget, including elimination of the discount for personal property tax. The Commissioners agreed to adopt the semi-annual charge for real estate tax and adopt the tax rate at next week’s meeting. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the request made by the Director of Finance to designate June 30, 2007 as the deadline to request the $150 tax rebate for personal property tax issued in FY 2007, as provided for in Senate Bill 1084, and to discontinue the issuance of the rebate checks as of that date. Unanimously approved. The Commissioners also discussed Capital Improvement Program (CIP) projects. Boyd Michael, Assistant Superintendent for School Operations, and Dave Brandenburg, Accounting Supervisor, were in attendance to answer any questions regarding Board of Education projects. The Commissioners discussed the $8.2 million in restricted funds that have not been designated for specific projects and reviewed several projects for consideration. These projects include improvements to the Route 40/Edgewood Drive intersection, Maugans Avenue, road maintenance, a cafeteria at Fountain Rock Elementary School, and the Central Booking Facility. Mr. Murray agreed to compile a list of items to be discussed for decision next week during budget deliberations. RECESS – LUNCHEON AND RIBBON-CUTTING CEREMONY – DISCOVERY STATION The Commissioners recessed at 12:04 p.m. in order to attend a luncheon and ribbon-cutting ceremony for the new exhibit at Discovery Station – “The Body Carnival.” AFTERNOON SESSION The afternoon session was called to order at 1:24 p.m. by Vice President Terry L. Baker, with the following members present: Commissioners James F. Kercheval and William J. Wivell. (Commissioner Aleshire arrived at 1:29 p.m.) HALFWAY MANOR APARTMENTS – REQUEST FOR LETTER OF SUPPORT Jed Henderson and Brandon Healy, representing Michaels Development Company, met with the Commissioners to review the additional information requested by the Commissioners regarding the company’s application for an award of multi- family tax-exempt bonds from the Maryland Department of Housing and Community Development. Mr. Henderson stated that they are requesting a letter of support from the Commissioners to include with their application for the tax-exempt financing. Mr. Henderson stated that the bonds would be used for the acquisition and rehabilitation of Halfway Manor Apartments. Mr. Henderson provided scope of work, site plans, and the security assessment performed by DFC James Holsinger of the Washington County JUNE 5, 2007 PAGE SIX Sheriff’s Department regarding the Halfway Manor Apartment complex. Deputy Holsinger was in attendance to answer any questions. Motion made by Commissioner Kercheval, seconded by Aleshire, to provide a letter to Michaels Development Company in support of their grant request to the Maryland Department of Housing and Community Development for multifamily tax-exempt bonds to purchase and rehabilitate Halfway Manor Apartments based on the information provided. Unanimously approved. APPROVAL OF MINUTES – MAY 29, 2007 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of May 29, 2007. Unanimously approved. MOTION TO CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Wivell, to convene in closed session at 1:35 p.m. to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. After discussion, it was decided that the matter would be more appropriately addressed at a later date in open session, and Commissioner Kercheval withdrew his motion and Commissioner Wivell his second. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Aleshire, to adjourn at 1:38 p.m. Unanimously approved. _____________________________________, County Administrator _____________________________________, County Attorney ___________________ ___________, County Clerk