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HomeMy WebLinkAbout020205 February 5, 2002 Hagerstown, Maryland The Commissioners participated in the State of the County forum sponsored by the Hagerstown/Washington County Chamber of Commerce at the Sheraton Four Points Hotel at 7:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:50 a.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. 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 – JANUARY 29, 2001 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of January 29, 2002, as amended. Unanimously approved. PUBLIC HEARING – AGRICULTURAL LAND PRESERVATION DISTRICT The Commissioners convened a public hearing to consider application AD-01-005. Eric Seifarth, Farmland Preservation Planner, reviewed the applications. He stated that they have been approved by the Agricultural Land Preservation Advisory Board and that the Planning Commission has found that granting the applications would be consistent with the Comprehensive Plan. The hearing was then opened for public comment. Lelia O’Neal spoke in support of the application. Motion made by Commissioner Wivell, seconded by Iseminger, to approve application AD-01-005 submitted by Bobbie E. Grimm, Sr., Bobbie E. Grimm, Jr., and Lelia M. O’Neal, for a 10-year agricultural land preservation district as presented. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly informed the Commissioners that the Historical Advisory Committee is interested in using a curatorship program for the French Lane property and the Ridenour house. He stated that he talked to several residents of the Clear Spring area regarding the library site being near the schools. Commissioner Schnebly indicated that they are very pleased with this arrangement and that other municipalities might want to consider placing branch libraries near their schools. (Commissioner Schnebly was excused from the meeting at 10:03 a.m.) Commissioner Swartz informed the Commissioners that the local Sam’s Club presented a donation to the Literacy Council at an awards ceremony last week. He stated that he attended the funeral services for Lillie Davenport. Commissioner Swartz asked the Commissioners to consider re-instating funding that was cut from the FY 2003 budget for the concert series at PenMar Park. The Commissioners agreed to consider the request during budget deliberations. Commissioner Iseminger stated that he attended the rehearsal of “the State of the County” presentation. He reported on the Planning Commission meeting and stated that there is a Fitness Committee meeting this week. Commissioner Wivell reported on the MACo Legislative Committee meeting in Annapolis and the legislation being proposed this session. Commissioner Snook read a letter from Delegate Robert McKee asking the Board to take a position on a request from the Hagerstown Soccer Club for relief from real property taxes. It was the consensus of the Commissioners not to support this request as they felt that this action would set a precedent. Delegate McKee also asked the Commissioners to take a position regarding a request for legislation granting collective bargaining rights to the membership of the Washington County Higher Education Association. After discussion, the Commissioners agreed to take a neutral position on the request as the legislation would affect only employees of Hagerstown Community College and not those of County FEBRUARY 5, 2002 PAGE TWO government. Commissioner Snook reported on the meeting of the Chamber of Commerce Board of Directors. He also complimented Rodney Shoop, County Administrator, and Debra Bastian, Director of Finance, on the excellent presentation they made to the bond rating agencies in New York last week. CITIZENS PARTICIPATION There was no one present who wished to participate. REPORTS FROM COUNTY STAFF Joe Kroboth, Emergency Services Director, stated that he met with representatives from Verizon regarding a concern that the new telephone system might not interface with the 911 Center. Gary Rohrer, Director of Public Works, reported on the move to the first floor of the County Office Building at 35 West Washington Street by the Treasurer’s Office and the Election Board. He stated that he met with Steve Palmer regarding a proposed shooting range at the old Resh Road landfill site. Mr. Rohrer informed the Commissioners that he and the Chief Engineer would be making presentations to them on pavement management, material assessment and the new National Pollutant Discharge Elimination System regulations. He stated that they hope to have a recommendation for the Deputy Chief Engineer position in the near future. Mr. Rohrer also provided an update on the Eastern Section shop facility. Robert Arch, Director of Planning & Community Development, reported on the State budget deficit for the current year and informed the Commissioners that Program Open Space allocations might be reduced. Mr. Arch answered questions about the Hager’s Crossing development in the City of Hagerstown and its potential impact on County roads. He stated that he would be attending the Tri-County Council meeting tomorrow. Debra Bastian, Director of Finance, informed the Commissioners that the Purchasing Department received a check in the amount of $26,000 for past commissions due the County that had not been received. She stated that she spoke to the tax attorney who received verbal confirmation from IRS reaffirming the closing agreement to convert a portion of a general obligation bond to a taxable bond for the pretreatment plant. Ms. Bastian advised the Commissioners that legislation might be introduced to turn the School Crossing Guard program over to the counties for implementation and funding. She stated that she might be able to level out the increase in debt payments for the bond issue over two fiscal years if the Commissioners are interested in having her do so. After discussion, the Board asked Ms. Bastian to prepare additional information for their review. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reviewed some of the comments and questions from the bond rating agencies. He complimented Ms. Bastian on her presentation to the rating agencies. Mr. Shoop also complimented Betty Morgan, Superintendent of Schools, and William McKinley, Executive Director of Support Services, for working with the County to make schools accessible for recreation programs. He informed the Commissioners that Leadership Hagerstown and the Greater Hagerstown Committee have invited the Commissioners to participate in a bus trip to Annapolis on March 20. APPOINTMENT – CITIZENS REVIEW PANEL Motion made by Commissioner Iseminger, seconded by Wivell, to appoint Spence Perry to the Board of Directors of the Citizens Review Panel. Unanimously approved. APPOINTMENT - WATER & SEWER ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Iseminger, to appoint James Lemon to the Water & Sewer Advisory Commission for a three-year term. Unanimously approved. CHANGE ORDER #1 – EASTERN SECTION HIGHWAY MAINTENANCE BUILDING Motion made by Commissioner Iseminger, seconded by Swartz, to approve Change Order No. 1 for $27,633.53 for the Eastern Section Highway Maintenance Building with Myers Building Systems, Inc. to excavate and FEBRUARY 5, 2002 PAGE THREE remove unsuitable soils and replace the same with suitable material. Unanimously approved. WASHINGTON COUNTY HOSPITAL PROPOSED REPLACEMENT PROJECT James Hamill, President and CEO of Washington County Health Systems, met with the Commissioners to review the plan to replace the current hospital facility. Mr. Hamill indicated that one of the sites under consideration for construction of a new facility is in the downtown area. He stated that they plan to demolish the current structure and return the area to green space. Mr. Hamill provided information on how the determination was made to proceed with new construction. He stated that the final decision would be made in the fall of 2003. He provided information on the site search and funding issues. He then took questions from the Commissioners. Mr. Hamill gave an update on the efforts of Blue Cross to convert from a not-for-profit to for-profit entity. RECESS – LUNCH The Commissioners recessed at 11:40 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 p.m. by President Gregory I. Snook, with the following members present: Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. REZONING CASE RZ-01-005 – GREGORY & BEVERLY FOURTES Richard Douglas, County Attorney, reviewed rezoning map amendment RZ-01-005 that was submitted by Gregory and Beverly Fourtes for a Historic Overlay designation and provided additional information on the differences between an overlay and a floating zone. Motion made by Commissioner Iseminger, seconded by Swartz, to make the findings of fact set forth in the report of the County Attorney and the recommendation of the Planning Commission. Unanimously approved. (A copy of the adopted findings of fact is attached.) Motion made by Commissioner Iseminger, seconded by Swartz, to find that the subject property meets the criteria that make it eligible to receive Historic Preservation overlay zoning as it was listed in the National Register of Historic Places on July 12, 1976, meets the Architectural and Design Criteria, which state that the property is eligible for the HP zoning designation if it “embodies the distinctive characteristics of a type, period, or method of construction or architecture,” and a significant amount of historic fabric meets the criteria by reflecting “cultural, economic, social, political or historic heritage.” Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property, is consistent with the goals and objectives of the Comprehensive Plan, and helps to retain the historical character of the County. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Wivell, based on the previous motions, that the proposed rezoning from A - Agricultural to A/HP - Agriculture with Historic Preservation overlay be granted as it meets the criteria of Section 20.5 of the Zoning Ordinance and is consistent with the goals and objectives of the Comprehensive Plan. Unanimously approved. REZONING CASE RZ-01-007 – LARRY B. ARTZ AND FRANK M. ARTZ Richard Douglas, County Attorney, reviewed rezoning map amendment RZ-01-007 that was submitted by Larry B. Artz and Frank M. Artz for a Historic Overlay designation. Motion made by Commissioner Iseminger, seconded by Swartz, to make the findings of fact set forth in the report of the County Attorney and the FEBRUARY 5, 2002 PAGE FOUR recommendation of the Planning Commission. Unanimously approved. (A copy of the adopted findings of fact is attached.) Motion made by Commissioner Iseminger, seconded by Swartz, to find that the subject property meets the criteria that make it eligible to receive Historic Preservation overlay zoning by being listed in the Maryland Inventory of Historic Sites in 1977 and is eligible for the HP zoning designation as it “embodies the distinctive characteristics of a type, period, or method of construction or architecture.” The Artz property also sits along the last leg of the National Road and may have been used as an inn, and reflects “cultural, economic, social, political or historic heritage.” Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property, is consistent with the goals and objectives of the Comprehensive Plan, and helps to retain the historical character of the County. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, based on the previous motions, that the proposed rezoning from A - Agricultural to A/HP - Agriculture with Historic Preservation overlay be granted as it meets the criteria of Section 20.5 of the Zoning Ordinance and is consistent with the goals and objectives of the Comprehensive Plan. Unanimously approved. PUBLIC HEARING – PROPERTY ACQUISITIONS NEAR THE HAGERSTOWN REGIONAL AIRPORT The Commissioners convened a public hearing at 1:21 p.m. for the purpose of considering the acquisition of the following described parcels of land: 1) All that parcel of land, with improvements, containing 0.27 acres of land, more or less, owned by Helen Amelia Rowland, located at 14616 Pennsylvania Avenue and identified as Parcel Nos. 76 and 89 on Tax Map 10. The consideration to be paid for this property is $107,000 of which $5,340 would be paid by the County. 2) All that parcel of land, with improvements, containing 0.62 acres of land, more or less, owned by Sam Philips, located at 14620 Pennsylvania Avenue and identified as Parcel No. 108 on Tax Map 10. The consideration to be paid for this property is $156,000 of which $7,800 will be paid by the County. 3) All that parcel of land, with improvements, containing 0.23 acres of land, more or less, owned by Karen D. Wetzel, identified as Parcel No. 42 on Tax Map 10. The consideration to be paid for this property is $87,000 of which $4,350 will be paid by the County. Dean Lowry, Real Property Administrator, stated that all of the properties are needed in order to provide the additional land required for the Runway Protection Zone at the Airport. Commissioner Snook then opened the meeting for public comments. There was no one present who wished to comment. Motion made by Commissioner Schnebly, seconded by Wivell, to approve the purchase of the following properties as described above: 1) 0.27 acres owned by Helen Amelia Rowland for the consideration of $107,000, 2) 0.62 acres owned by Sam Phillips for the consideration of $156,000, and 3) 0.23 acres owned by Karen Wetzel for the consideration of $87,000, needed for the Runway Protection Zone at the Hagerstown Regional Airport. Unanimously approved. HAGERSTOWN REGIONAL AIRPORT ACQUISITION PROJECT Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the following claims for Homeowners Replacement Housing Payments to reimburse them for costs incurred in connection with the purchase of dwellings comparable to their former residences under the Federal Homeowner Replacement Cost program: 1) Helen Amelia Rowland (14616 Pennsylvania Avenue) - $12,900 plus moving and closing costs; 2) Sam Phillips (14620 Pennsylvania Avenue) - $20,500 plus moving and closing costs; and 3) Karen Wetzel (14625 Pennsylvania Avenue) - $18,000 plus moving and closing costs. The Commissioners also approved the purchase of an aviation easement of 0.99 acres of land, more or less, owned by Brian and Vicki Sefsic (14625 Pennsylvania Avenue) for $17,250. The Federal Aviation Administration will reimburse the County for 90% of the FEBRUARY 5, 2002 PAGE FIVE cost and the Maryland Aviation Administration will reimburse the County for 5% of the cost. Unanimously approved. BUDGET TRANSFER REQUEST – SHERIFF’S DEPARTMENT Motion made by Commissioner Swartz, seconded by Iseminger, to approve the transfer of $5,156 to provide the local match for the CDBG Local Law Enforcement Block Grant for $46,408, as requested by the Sheriff’s Department. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 1:48 p.m. to discuss personnel issues, 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 Wivell, seconded by Swartz, to reconvene in open session at 2:27 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel issue. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; and Brett Wilson and Howard Bowen, members of the PenMar Development Corporation (PMDC) Board of Directors. APPOINTMENT – PENMAR DEVELOPMENT CORPORATION Motion made by Commissioner Iseminger, seconded by Swartz, to appoint James LaFleur to the PenMar Development Corporation Board of Directors to fill the unexpired term of Malcolm Davis that extends to June 30, 2004, with the conditions that the PMDC board recommend a community representative from the Cascade/Blue Ridge Summit area for the next available appointment and realign the terms of the current membership so that not as many would expire at one time. Motion carried with Commissioners Iseminger, Schnebly, and Snook voting “AYE” and Commissioners Swartz and Wivell voting “NO.” RECESS The Commissioners recessed at 2:27 p.m. TAX SETOFF – WILLLIAMSPORT TOWN HALL The evening session was called to order at 7:00 p.m. at the Williamsport Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook stated that for Fiscal Year 2002, the Town is estimated to receive $42,049. The Commissioners then discussed items of interest to the town officials and citizens in the area. Commissioner Snook informed the Town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He also informed them that, if they decide to develop an Internet web site, they could link to the County’s site. Commissioner Snook provided an update on the addition to the senior housing complex and stated that funding should be available to begin construction by late summer. He complimented the Town on its Christmas lighting display in the park and also commended the Williamsport Library Board for its donation of $1,000 to the new Clear Spring Library. At this time, Commissioner Snook opened the meeting to the public for comments. FEBRURY 5, 2002 PAGE SIX William Peters expressed his concerns about zoning violations by Bowman Sales and Equipment, Inc. He also expressed his concerns about the meeting procedures used by the Board of Zoning Appeals (BZA) for citizen input. Several other citizens voiced their concerns regarding this situation, and the Commissioners and Town Attorney Ed Kuczynski reviewed the procedures used by the BZA for its hearings and deliberations. The citizens also discussed large developments that they feel impact County schools and asked what contributions are being made by the developers. Barbara Hovermale distributed information to the Commissioners regarding the zoning violations. Toni Shrader discussed the intersection improvements needed at Governor Lane Boulevard and questioned how the County’s Adequate Public Facilities Ordinance would be utilized in this situation. Bob Harsh expressed his concerns about dangerous conditions and poor sight distance along Falling Waters Road. Commissioner Snook explained that he has asked the State to survey the area in question to determine if the trees on the site are on County right-of-way or private land. Ken Lafferty stated that he feels that there is a lack of job diversity in the area. He also expressed concern over the reduction in the number of State Police officers at the Hagerstown barracks. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at 9:00 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk