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HomeMy WebLinkAbout021119 November 19, 2002 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 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. Also present were Commissioners-elect 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 – NOVEMBER 12, 2002 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of November 12, 2002, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Assistant Director of Human Resources, introduced new County employees Tommy Brown (Equipment Operator – Highway Department), Paula Fisher (WCCP Project Coordinator), and Joshua O’Neal (Public Safety Systems Manager – Information Technologies). The Commissioners welcomed the new employees and wished them well in their positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Iseminger reported that he and Commissioner Swartz accompanied Washington County’s recipient of the “Maryland, You Are Beautiful” award to the State reception in Annapolis. He also reported on the Planning Commission meeting. Commissioner Wivell reported on the meetings of the PenMar Development Corporation and the Water & Sewer Advisory Commission. He informed the Commissioners that the Maryland Association of Counties Legislative Committee meeting is scheduled for November 20. He also requested that the compensation and classification study include a review of the County’s boards and commissions to determine if they should be compensated. Commissioner Schnebly reported on the Economic Development Commission meeting. Commissioner Swartz informed the Commissioners that he attended the “Maryland, You Are Beautiful” reception, the Local Management Board meeting, and the Commission on Aging meeting. He urged the Commissioners to consider his proposal to appropriate $1 million toward scholarships to Hagerstown Community College for county students. Commissioner Snook stated that it is a good concept and that Dr. Alteri and Dr. Morgan are in the process of developing a proposal to present to the Board. He stated that he had a discussion with a City Councilman regarding the transfer agreement for water and sewer and was not successful in reaching a compromise. Commissioner Snook informed the Commissioners that he attended the Eggs & Issues forum sponsored by the Chamber of Commerce. He stated that he spoke to the administrative law class at Hagerstown Business College last week. Commissioner Snook read an excerpt from a Letter from the State Emergency Number System Board reporting that the County’s 911 Department has met the State’s standards for performance and reliability. He then presented Roy Lescalleet and Herb Smith, representatives of the 911 Department, with a Certificate of Excellence from the State. Mr. Lescalleet thanked the Board for their support over the past four years. REAPPOINTMENTS – WATER & SEWER ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Iseminger, to waive the policy on serving two consecutive terms on a Board or Commission, and reappoint Ed Renn and Glenn Fishack to the Water & Sewer Advisory Commission for three-year terms. Unanimously approved. REPORTS FROM COUNTY STAFF Joe Kroboth, Emergency Services Director, stated that he attended the Governor’s Flood Mitigation Task Force. He stated that he has submitted a grant request through the Maryland Emergency Management Administration NOVEMBER 19, 2002 PAGE TWO for a Domestic Assistance Preparedness Grant. Mr. Kroboth informed the Commissioners that several emergency services companies are partnering to provide training opportunities during the demolition of the West View apartments. Debra Bastian, Director of Finance, informed the Commissioners that the income tax distribution for third-quarter withholdings is “on target” at $9,668,047. She stated that the distribution is .3% behind the projected budget. Ms. Bastian indicated that the Maryland Association of Counties (MACo) has scheduled a meeting on the impact of potential State budget cuts on the counties. She stated that she also provided information to MACo regarding the County’s budget. Alan Davis, Director of Human Resources, informed the Commissioners that he and Norman Bassett, Public Information Officer, met with the Greater Hagerstown Committee (GHC) regarding the human resources consolidation subcommittee. He indicated that he also met with the GHC Consolidation Task Force Committee. Mr. Davis stated that the Compensation and Classification Study agreement is complete. He informed the Commissioners that he met with representatives from CBIZ regarding a long-range plan for health care. He also met with representatives of Crawford & Company regarding workers compensation. Mr. Davis stated that several County employees are attending a two-day park safety management seminar this week and will be developing a safety program for the Parks Department. 60/40 MATCH COMMITMENT FOR AGRICULTURAL LAND PRESERVATION FUNDING Eric Seifarth, Farmland Preservation Administrator, met with the Commissioners regarding the County’s 40% funding commitment to the 60/40 matching program with the Maryland Agricultural Land Preservation Program. Mr. Seifarth recommended that the Commissioners commit $477,000 for the 40 percent match for the fiscal year 2003 cycle. He reviewed the match analysis for FY 2003 and explained how it was calculated. Motion made by Commissioner Iseminger, seconded by Wivell, to commit $477,000 as Washington County’s match for the 60/40 Match Program through the Maryland Agricultural Land Preservation Program for fiscal year 2003. Unanimously approved. TH 140 RE-ENACTMENT SUMMARY Robert Arch, Director of Planning & Community Development, and Dennis Frye, Chair of the Antietam Commemoration Committee, th appeared before the Board to provide a summary of the 140 Re- enactment of the Battle of Antietam. Mr. Arch informed the Commissioners that the anticipated final revenue would be less than the cost of the event. Mr. Arch estimated a deficit of $38,637.49, with some income from merchandise yet to be sold. He requested that the Commissioners give consideration to paying for the overtime costs of the Sheriff’s Department ($17,380) and the mulch that was used for the event ($6,550.08). Commissioner Wivell raised questions about the details included in the summary. He asked for additional information on the revenues and expenditures. Mr. Frye thanked the Commissioners for their support of the re-enactment. Motion made by Commissioner Wivell, seconded by Swartz, to delay a decision on providing additional funds to the Antietam Commemoration Committee until more detailed information is provided and a contingency plan is outlined on how these expenses would be paid if the County does not agree to provide the funding. The Commissioners then discussed the situation. Mr. Arch withdrew the request after hearing the Commissioners’ discussion. Commissioner Wivell then withdrew his motion and Commissioner Swartz his second. THE LAST FULL MEASURE LOAN AGREEMENT – Richard Douglas, County Attorney, presented a Loan Agreement with Ronald Maxwell Productions, Inc. for their ratification. Mr. Douglas stated that the loan is for $300,000 from hotel rental tax funds to be used for pre-production costs for the The Last Full Measure film . He informed the NOVEMBER 19, 2002 PAGE THREE Commissioners that the loan would be converted to a grant if 50 percent of the film were produced in the County. Mr. Arch stated that Mr. Maxwell has requested an advance of the entire amount rather than having it distributed over two fiscal years. He stated that the FY 2004 funds would have to come from another source and would be repaid by the hotel rental tax funds. The meeting was then opened for questions and discussion. Motion made by Commissioner Schnebly, seconded by Swartz, to ratify the loan agreement with Ron Maxwell Productions, Inc. to provide a $300,000 loan from Washington County to be used toward The Last a portion of the pre-production costs for the movie Full Measure with the provision that the loan would be converted to a grant if 50 percent of the film is eventually produced in the County. The funding would be taken from hotel rental tax funds in FY 2003 and FY 2004. Motion carried with Commissioners Iseminger, Schnebly, Swartz, and Snook voting “AYE” and Commissioner Wivell voting “NO.” HAGERSTOWN COMMUNITY COLLEGE ALUMNI ASSOCIATION – OUTSTANDING LOAN Lisa Stewart, Hagerstown Community College (HCC) Alumni Association Coordinator, Joyce Ott, Amphitheater Co-Chair, and Dr. Guy Altieri, HCC President, met with the Commissioners to request that they consider forgiving the Alumni Association’s current debt of $180,000 borrowed for Phase III of the amphitheater. They asked that the money instead be donated to the Alumni Association to HCC over an 8-year period to be used to increase enrollments in the nursing and radiography programs. Dr. Altieri stated that it would be used for facility improvements, equipment, and scholarships. The request was discussed by the Commissioners. Motion made by Commissioner Swartz, seconded by Wivell, to forgive the $180,000 remaining debt of the Hagerstown Community College (HCC) Alumni Association which was borrowed for construction of Phase III of the amphitheater with the condition that the Alumni Association donate these funds to the College over an eight-year period to be used for facility improvements, equipment, and scholarships to help increase enrollments in the nursing and radiography programs. Unanimously approved. CITIZENS PARTICIPATION Karl Weissenbach, chair of Cascade Committee, discussed the redevelopment of Fort Ritchie and the plan for reuse of the gymnasium. Commissioner Wivell spoke about the timeline of the project. He stated that the Cascade Committee and One Mountain Foundation need to work together. Rob Linck asked that various issues in the Animal Control Ordinance be placed on the agenda for discussion. He also asked that volunteer shelters be given an exemption from kennel license requirements if they are fostering animals temporarily. His children also spoke to the Commissioners regarding animal control issues. Ruth Rowe, representing Kit Kat and Critter Rescue, expressed concerns about the lack of enforcement of the Animal Control Ordinance by the Humane Society. The Commissioners agreed to schedule a meeting to address these issues. Charles Zinneman and John Pryor, representing SCORE, appeared before the Commissioners to introduce themselves and provide information about the agency. They stated that SCORE provides free confidential advice to small businesses in the community through the Chamber of Commerce. James Powers provided information on the Sunday concert series at Pen Mar Park. He stated that it is the “best kept secret in Washington County” and attracted 38,465 patrons during the 2002 season. He thanked the Commissioners for their support and making the program possible. RESOLUTION – DESIGNATION OF “AUTHORITY HAVING JURISDICTION” FOR WASHINGTON COUNTY Motion made by Commissioner Iseminger, seconded by Wivell, to approve the Resolution (Designation of Authority having Jurisdiction for Washington NOVEMBER 19, 2002 PAGE FOUR County) designating the Director of Emergency Services as the “authority having jurisdiction” for the purposes of provision of fire, rescue, and ambulance services in Washington County. Unanimously approved. RE/APPOINTMENTS – AREA AGENCY ON AGING ADVISORY COUNCIL Motion made by Commissioner Swartz, seconded by Schnebly, to appoint Carl Howe, Donald Zilch, and Ruth Monroe to the Area Agency on Aging Advisory Council for three-year terms, to appoint Nancy Ingram to fill the unexpired term of Deborah Cohill that extends to January 2004, and to waive the two-term policy and reappoint John Kenney to the Advisory Council for a three-year term. Unanimously approved. APPOINTMENT – WASHINGTON COUNTY HOUSING AUTHORITY Motion made by Commissioner Swartz, seconded by Schnebly, to appoint Donna Spickler to the Washington County Housing Authority to fill the unexpired term of Vaughn Stahl which extends to August 1, 2007. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that County employees raised $352 for Y-Me of Washington County through the October Casual Day program. He stated that the County exceeded its goal for the Red Cross blood drive. Mr. Shoop informed the Commissioners that the new phone system for the Sheriff’s Department was operational this morning. He stated that there would be a short meeting next week followed by a reception for the outgoing Commissioners. Mr. Shoop indicated that a tentative meeting has been scheduled with the local delegation to the General Assembly on December 18. CHANGE ORDER & CLOSE OUT – AIRPORT TAXIWAY PROJECT Motion made by Commissioner Schnebly, seconded by Swartz, to approve a change order for a $72,868.90 decrease to the Taxiway Alpha rehabilitation and extension project at the Regional Airport to close out the project. Unanimously approved. RECESS - LUNCHEON – COMMUNITY ACTION COUNCIL – ANNUAL LEGISLATIVE LUNCHEON The Commissioners recessed at 11:58 a.m. for lunch and to attend the annual legislative luncheon sponsored by the Community Action Council. AFTERNOON SESSION The afternoon session was called to order at 1:15 p.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. Also present were Commissioners-elect James Kercheval, John Munson, and Doris Nipps. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 1:15 p.m. to discuss a personnel matter and consult with counsel to obtain advice, 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 Schnebly, seconded by Swartz, to reconvene in open session at 2:24 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter and consulted with counsel to obtain legal advice on four (4) matters. 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; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Alan Davis, Director of Human Resources; Robert Arch, Director of Planning & Community Development; Douglas Wright, Chair of the Economic Development Commission (EDC); EDC members Peggy Bushey, Gerald Hoak, and Noel Williams; and Commissioners-elect James F. Kercheval, John C. Munson, and Doris J. Nipps. NOVEMBER 19, 2002 PAGE FIVE MAP AMENDMENT RZ-02-003 – SYLVIA J. & WILLIAM D. MARTIN Richard Douglas, County Attorney, reviewed map amendment RZ-02- 003, submitted by Sylvia J. and William D. Martin, to rezone the subject property from Business General (BG) to Residential Suburban (RS). William C. Wantz, attorney for the applicant, asked to withdraw the application without prejudice. The Commissioners granted the request. REZONING CASE RZ-02-005 – BOWMAN FARMS, LLC, TODD & TRACEY BOWMAN Richard Douglas, County Attorney, reviewed rezoning map amendment RZ-02-005 that was submitted by Bowman Farms, LLC (Todd and Tracey Bowman) 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 Wivell, 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 Wivell, to find that the subject property meets several of the criteria that makes it eligible to receive Historic Preservation overlay zoning as it is listed in Maryland Inventory as site #WA-II-446, the property is historical character to mid-1800s, and is considered representative of a typical, well managed and productive diversified agricultural operation of its time. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Wivell, 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 C - Conservation to C/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 MAP AMENDMENT – RZ-00-007 – DR. VINCENT P. SMITH, SR. Richard Douglas, County Attorney, reviewed map amendment RZ-02- 003, submitted by Dr. Vincent P. Smith, Sr., to rezone the subject property from Agriculture (A) to Rural Residential (RR). Mr. Arch stated that the Planning Commission has recommended that the rezoning be approved. He informed the Commissioners that the sawmill on the property will be removed, the shale extraction operation will be terminated prior to construction of residential development, and access has been approved off Md. Route 63. Motion made by Commissioner Iseminger, seconded by Schnebly, to accept the definition of the “neighborhood” for the subject property as described by the applicant. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached to these minutes, and the recommendation of the Planning Commission. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, to find that there has been a substantial change in the character of the neighborhood where the property is located based on development of Highland Manor, Walnut Point Heights, and Smithsfield Farm residential developments which represent significant changes occurring within the neighborhood since the inception of zoning in 1973; the fact that sewer service is available to the site by the Conococheague Wastewater Treatment Plant; the substantial increase in population in the area; and the establishment of several commercial uses to support residential growth. Unanimously approved. NOVEMBER 19, 2002 PAGE SIX Motion made by Commissioner Iseminger, seconded by Schnebly, that there has been a convincing demonstration that the proposed rezoning from Agriculture (A) to Residential Rural (RR) would be appropriate and logical for the subject property based on the staff report and recommendation of the Planning Commission, the fact that it is consistent with the development and development patterns that have occurred in the area, the availability of water and sewer to the site, the fact that there are sufficient options available for road access; and the property lies within the Urban Growth Area boundary. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, based upon the previous motions for rezoning case RZ-00-007 that the proposed rezoning from Agriculture (A) to Residential Rural (RR) is granted. Unanimously approved. REZONING MAP AMENDMENT – RZ-02-006 – MANNY SHAOOL Richard Douglas, County Attorney, reviewed map amendment RZ-02- 003, submitted by Fox & Associates, Inc. on behalf of Manny Shaool to rezone the subject property from Agriculture (A) to Agricultural/Planned Unit Development (A/PUD). Mr. Douglas stated that the Planning Commission has recommended that the rezoning be denied. Motion made by Commissioner Iseminger, seconded by Swartz, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached to these minutes. Unanimously approved. Purpose of PUD District The purpose of the PUD district “is to permit a greater degree of flexibility and more creativity in the design and development of residential areas than is possible under conventional zoning standards…” The applicant’s plan provides more efficient use of the land as well as the provision of open space, pedestrian facilities, and substantial amenities such as a swimming pool, a community building, golf practice area, and tennis courts to address the purpose of the PUD. Aplicable policies of the Comprehensive Plan for the County The Plan encourages growth to occur within the Urban Growth Area where adequate public facilities exist or are planned, and development will offer a wide variety of housing types and costs. The use of PUD zoning in this area is consistent with both the 1981 and 2002 Comprehensive Plans. This is illustrated by the fact that the largest concentration of Planned Unit Developments in the County are located near the subject property. The new Comprehensive Plan establishes “Policy Areas” in which certain uses and zoning designations are recommended. The subject property is located within the Urban Growth Area – Low Density Residential policy area. In addressing development within the Low Density Residential policy area, the Plan states, “typical densities in this policy area range from two to four units per acre unless the property is approved for a planned residential or mixed use development. If property is approved for a high density development, the maximum density should be 12 units per acre.” The density of the proposed PUD is 2.7 dwelling units per acre. The compatibility of the PUD with neighboring properties The Robinwood Drive corridor near Hagerstown Community College has developed with apartments, townhouses, and other forms of higher density housing that would be consistent with some of the elements of the proposed PUD. The revised concept plan for the proposed 595-unit PUD includes some modifications by reducing the number of townhouse units and concentrating them in the southeast corner of the property. The revised plan also increased the buffer to fifty feet between the townhouse units and the adjacent farmland. The amount of higher density housing adjacent to the Growth Area boundary has been reduced from the original proposal. NOVEMBER 19, 2002 PAGE SEVEN The effect of the PUD on community infrastructure. The Adequate Public Facilities Ordinance (APFO) has taken on a supportive role that was previously the sole responsibility of this item in the Zoning Ordinance during the rezoning stage when considering the deliberation of PUD cases. Due to this change, it would appear that now the Planning Commission and the County Commissioners would only have to access infrastructure issues at the zoning stage that would appear to be highly unsolvable. The applicant has indicated that he is fully aware of the APFO implications and is willing to assume the burden placed upon him. The Chief Engineer did not take exception to the rezoning and responded to the application by stating that road adequacy and stormwater management requirement “can be adequately addressed through our normal site plan and subdivision processes.” Motion made by Commissioner Iseminger, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Agriculture (A) to Agricultural/Planned Unit Development (A/PUD) would be appropriate and logical for the subject property based on the uses that have been provided, the measures that have been taken to provide buffers between this property, adjacent single-family uses, and adjacent agricultural uses, and the fact that the Adequate Public Facilities Ordinance will play a role in infrastructure needs at final development plat approval.Motion carried with Commissioners Iseminger, Schnebly, and Swartz voting “AYE” and Commissioners Wivell and Snook voting “NO.” Motion made by Commissioner Iseminger, seconded by Swartz, based upon the previous motions for rezoning case RZ-02-006 that the proposed rezoning from Agriculture (A) to Agricultural/Planned Unit Development (A/PUD) is granted, contingent upon all buffers being in place and at the revised densities. Motion carried with Commissioners Iseminger, Swartz, and Schnebly voting “AYE” and Commissioners Wivell and Snook voting “NO.” YOUTH OF THE MONTH AWARDS – OCTOBER 2002 Commissioner Iseminger presented a Certificate of Merit to Scott Stevens in recognition of his selection as the October 2002 Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended Scott for his leadership, academic and extra- curricular activities. Commissioner Iseminger stated that Scott would also receive a $50 savings bond from the WCCP. PROCLAMATION – NAPA RAYLOC DIVISION OF GENUINE PARTS COMPANY Commissioner Schnebly presented a proclamation to Dave Waters, General Manager, and Wayne Younkers, HR Director, at NAPA Rayloc Division of Genuine Parts Company in recognition of their contribution and dedication to the Hancock Volunteer Fire Company, the Hancock Volunteer Rescue Squad, and the citizens of Hancock and their fine example of caring and community involvement. Jason Baer, President of the WCVFRA, stated that he was impressed with NAPA Rayloc Division of Genuine Parts Company and its commitment to the Hancock community by allowing their employees to respond to fire and rescue calls during daytime employment. Mr. Baer presented a plaque to Mr. Waters and Mr. Younker from the WCVFRA. Members of the Hancock Volunteer Fire Company and Hancock Emergency Services were also present to support the recognition. Mr. Baer thanked the Board of County Commissioners for their work with the Association over the past four years. EMPLOY ECONONIC DEVELOPMENT DIRECTOR Motion made by Commissioner Schnebly, seconded by Iseminger, to employ Timothy Troxell as Director of the Economic Development Director (Grade 17) at the salary of $68,500 to fill an existing vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Iseminger, to adjourn at 3:06 p.m. Unanimously approved. NOVEMBER 19, 2002 PAGE EIGHT , County Administrator , County Attorney ___________________________, County Clerk