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HomeMy WebLinkAbout1988 Minutes September l9, l988 Hagerstown, Maryland 2l740 A Joint Public Hearing between the Washington County Commissioners and the Planning Commission was convened at 7:00 p.m. in Court Room No. l of the Washington County Court House to hear testimony regarding rezoning cases RZ-366(REMAND), RZ-387 and RZ-397 - RZ-399 (Cases RZ-400 and RZ-40l scheduled for this meeting will be heard on October l0, l988). Presiding at the hearing were County Commissioners' President Ronald L. Bowers and Planning Commission Chairman Jack Byers. Also present were Vice President Richard E. Roulette and Commissioners R. Lee Downey and Linda C. Irvin; Planning Commission members Donald Zombro, Judy Acord, Bert Iseminger and Ray Johns. After hearing verbal testimony, it was announced that the record would remain open for ten (l0) days for additional testimony to be submitted in writing, after which time recommendations will be submitted by the Planning Commission to the County Commissioners for their decisions. The Hearing was closed at ll:l5 p.m. County Attorney , Clerk September 20, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Linda C. Irvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers who led the assemblage in the Lord's Prayer, which was followed by the Pledge of Allegiance to the Flag. FIRE & RESCUE ASSOCIATION RESOLUTION Blaine Snyder, representing the Washington County Volunteer Fire Association, appeared before the Commissioners to present a proposed resolution giving the Association the authority and responsibility for coordination of fire and rescue activities between member companies. Basic areas of responsibility established by the document would be budget and finance, establishment of new companies and substations, Workmen's Compensation and insurance, geographical areas of response, fire prevention, training and standards, fire and rescue personnel awards program and Length of Service Awards Program. The Commissioners took this matter under advisement at this time and stated that they wish to schedule work sessions with the Association to review this document. DISCUSSION OF PROPOSED CHARTER Barbara Fetterhoff, Jeannine Humphrey, Margaret Comstock and Libby Earley, representing the League of Women Voters, met with the Commissioners to discuss their support of the proposed Charter government. Commissioners Downey, Irvin and Roulette expressed their support of the Charter and Commissioner Bowers stated that he cannot openly support the Charter because of philosophical differences. The Commissioners agreed to allow the Charter Committee to use the unexpended funds in October ll, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. 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 26, 27 AND OCTOBER 4, l988 Motion made by Commissioner Roulette, seconded by Snook to approve the minutes of September 26, 27 and October 4, l988 as submitted. Unanimously approved. TAX CREDITS - RURITAN CLUBS OR CIVIC ASSOCIATIONS Motion made by Commissioner Irvin, seconded by Downey to approve the following tax credits allowed on County tax in accordance with Property Tax Article Section 7-204 as certified by the County Treasurer: Ruritan Club, Inc., Pleasant Valley - $5l.33; Ruritan Club, Rohrersville Inc. - $735.06; Rohrersville Ruritan Club Inc. - $l,ll8.46; Leitersburg Ruritan Club Inc. - $504.l7; Antietam-Dargan Ruritan Club Inc. - $503.32; Ruritan Club Inc. Dist l2 - $735.28; Ruritan Club Maugansville - $5.33; Ruritan Club Maugansville - $l,740.64; Ruritan Club Inc. Ringgold - $475.63; Civic Organization Dist. l5 - $765.l0; Herman A. Lewis Trust - $l,520.39; Ruritan Club Inc. Downsville - $l49.53; Ruritan Club Inc. Downsville - $983.2l; Wilson Foundation Inc. - $l,358.09; and Tammany Van Lear Civic Association - $l98.73. Unanimously approved. ENGINEERING DESIGN SERVICES - SHOWALTER ROAD Motion made by Commissioner Snook, seconded by Irvin to amend an existing agreement with Fox & Associates to include design of a water line for the fee of $2500 and to amend the existing agreement with Associated Engineering Sciences, Inc. to include design of an additional 2800' of a sewer line for the fee of "not-to-exceed" $7000 for Showalter Road. Unanimously approved. CONDITIONAL ACCEPTANCE OF ROADS - DEER PATH Motion made by Commissioner Roulette, seconded by Downey to conditionally accept Deer Path in the Deer Path Subdivision and to accept the dedication of additional rights-of-way for Valley Road. Unanimously approved. ROAD NAME CHANGES Motion made by Commissioner Roulette, seconded by Snook to approve naming an unnamed lane located on the south side of MD Rt. 58 - Hamby Lane and naming an unnamed segment of County road located north of Williamsport at Kemps Mill Road and MD Rt. 63 - Everly Road. Unanimously approved. SARA PLANNING COMMITTEE APPOINTMENT Motion made by Commissioner Irvin, seconded by Snook to appoint Marlo Barnhart to the SARA Local Planning Committee as the media representative to fill an existing vacancy. Unanimously approved. REAPPOINTMENTS - ETHICS COMMISSION Motion made by Commissioner Roulette, seconded by Downey to reappoint Irvine Rutledge, W. Weir Pollard and Herbert Logston to the Ethics Commission for a term extending to July l, l99l subject to their approval. Unanimously approved. PROGRAM OPEN SPACE AMENDMENT - MILLS PARK The Commissioners approved the request made by the City of Hagerstown to submit a Program Open Space application for Phase I of the Mills Park Project. LINE ITEM TRANSFER - ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Downey, seconded by Roulette to transfer $l300 from Salaries (01-5-0201-404-000) to Capital Outlay - Office Furniture and Equipment (0l-5-0201-687-000) as requested by the Economic Development Commission. Unanimously approved. BID AWARD - l989 TOURISM CALENDAR OF EVENTS Motion made by Commissioner Roulette, seconded by Downey to award the bid for the l989 Tourism Calendar of Events to Tri-State Printing who submitted the low bid of $8,507. Unanimously approved. OCTOBER ll, l988 MINUTES, CONT'D. REMOVAL FROM CONTRIBUTION LIST Motion made by Commissioner Snook, seconded by Roulette to administratively remove the Hancock Health Care Corporation from the list of non-profit agencies to which the County Commissioners are authorized to contribute funds since they are no longer in operation, and to periodically review this list. Unanimously approved. AMENDMENTS - DELTA ENGINEERING CONTRACTS - AIP-06 Motion made by Commissioner Snook, seconded by Irvin to amend the contracts with Delta Engineering for the AIP-06 Project for the installation of VASI's and reils for Runway 2/20 in the amount of $5,l8l.8l and a fee of "not to exceed" $7,500 for design, bidding and construction observation for Project AIP-07. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Downey and Commissioner Roulette reported on the public meeting for the proposed animal husbandry ordinance and Commissioner Irvin reported on the Commission for Women meeting. PLUMBING BOARD - CODE AMENDMENTS Richard Parks, Director of Planning and Review, and Michael Waugh, member of the Plumbing Board, appeared before the Commissioners to review the amendments planned to update the l974 version of the rules and regulations to be adopted as part of the Plumbing Code and to integrate the BOCA Code. The new code would require plumbers to carry $300,000 of general liability insurance and $l00,000 of insurance against property damage; change the minimum fee for a permit from $5 to $l0; establishes minimum depths for water and sewer lines; requires a person with an appliance installers permit to have liability insurance; introduces a testing requirement for homeowners who want to obtain a permit; establishes membership requirements of the Plumbing Board; increases license fees for out-of-County plumbers from $25 to $50 and establishes a test for plumbers on-site. The Commissioners agreed to schedule a public hearing for the proposed revisions. REQUEST FOR ADDITIONAL PARKING SPACE - HAGERSTOWN JUNIOR COLLEGE Ed Henson and Mack Davis appeared before the Commisisoners to present two options for additional parking space needed at Hagerstown Junior College Recreation/Athletic Center. Option l would add 255 parking spaces at a cost of an estimated $475/space or $255,000 completed and Option 2 would add l50 spaces at $400/space or $l33,000. Motion made by Commissioner Snook, seconded by Roulette to authorize the Board of Directors at Hagerstown Junior College to proceed with Option l for additional parking space and to have the Washington County Roads Department perform as much of the work as possible. Unanimously approved. ANTIETAM BATTLEFIELD BUFFER ZONE Stephen Goodrich, Senior Planner, appeared before the Commissioners representing the South County Citizens Advisory Committee to present their recommendations for protecting the Antietam Battlefield. The proposed plan calls for an Overlay Zone "AO" District to be added to Section 20A.0 of the Washington County Zoning Ordinance for three subdistricts: AO-l - the Battlefield Buffer Zone, AO-2 - the Approach Zone and AO-3 - the Red Hill Area, and to comprehensively rezone the viewshed area around the Battlefield as Conservation "C". Mr. Goodrich also pointed out that the Town of Sharpsburg has no zoning at this time. The proposal was reviewed and will be taken to public hearing. MIPS PROGRAM - LEROY BURTNER Leroy Burtner, Director of the Economic Development Commission, introduced Frank Moderacki, Technical Division of the Extension Services and Joan Mays from the University of Maryland Extension Service. Ms. Mays recognized Phil Statton whose company, Statton Furniture, has received a MIPS matching grant for manufacturing technology dealing with the minimumization of lumber waste. CHILD CARE NEEDS ASSESSMENT STUDY Jill Burkhart and Robin Spaid, Co-Chairpersons for the Child Care Needs Assessment Study Committee, appeared before the Commissioners to present the study dealing with before and after-school child care needs, current services, current policies, need for services, analysis and recommendations for action. Ms. Burkhart gave a brief summary of the study's findings which include: the need for before and after school care, written school policies, the need for participation by private industries, the need for on-site child care facilities at Hagerstown Junior College and Frostburg State University, expansion of Recreation Commission programs for after school and summer programs and for non-profit agencies to become more involved. The Commissioners stated that they would review the study and forward it onto the State and thanked the Committee members for their participation in the project. OCTOBER ll, l988 MINUTES, CONT'D. RZ-402 - PUBLIC HEARING The Meeting was convened in a Joint Public Hearing with the Planning Commission at ll:45 a.m. with Ronald L.Bowers, President of the Board of County Commissioners, and Jack Byers, Chairman of the Planning Commission presiding. Along with the County Commissioners, members of the Planning Commission present were: Donald Zombro, Ray Johns, Judy Acord and Bert Iseminger. Richard Parks, Director of Planning and Review, reviewed the proposed Floodplain Ordinance, RZ-402. Also present were Nancy Carpenter of Maryland Water Resources Administration and Marguerite Willman from the National Flood Insurance Program, to answer any questions pertaining to their organization's involvement with this ordinance. Mr. Larry Gordon questioned whether landowners would be compensated since restrictions were being placed on their land. There being no one else present to speak for nor against said ordinance, Mr. Byers stated that the record would remain open for ten (l0) days in order to allow comments to be submitted in writing and for administrative review and revision of the ordinance. The hearing was closed at l2:20 p.m. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin to convene in Executive Session at l2:20 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin, seconded by Downey to reconvene in Regular Session at l:20 p.m. Unanimousy approved. ASSISTANT SUPERVISOR -ROADS Motion made by Commissioner Roulette, seconded by Irvin to promote Neil Beard to the position of Assistant Supervisor in the Central Section of the Roads Department to fill an existing vacancy. Unanimously approved. POST "NO PARKING" SIGNS - COLLEGE ROAD/CARTER LANE Motion made by Commissioner Irvin, seconded by Downey to have "No Parking" signs posted near the intersection of College Road and Carter Lane. Unanimously approved. MEETING WITH BOARD OF EDUCATION - CLEAR SPRING The Board of County Commissioners met with the Board of Education at the new Clear Spring Vo-Ag Center at 2:00 p.m. Present at the meeting were Ronald L. Bowers, Linda C. Irvin, R. Lee Downey and Martin L. Snook. Board of Education members present were Barbara Stansberry, B. Marie Byers, Douglas Bachtell and Ken Grove, along with Wayne Gersen, Superintendent of Schools, Wayne Stouffer, Director of Fiscal Management and Ralph Giffin, Director of Maintenance and Operations. Board of Education members presented their five-year capital improvement plan which will be submitted to the IAC and reviewed the first five priorities. The first priority is the addition and renovation of Pleasant Valley Elementary School; second - North Hagerstown High School; third - renovation/addition at Boonsboro Elementary; fourth - relocatables; and fifth - systemic renovations. Richard McGrory, attorney for the Board of Education, discussed the land transfer between the Board and the County Commissioners at Doubs Woods Park. Board of Education members agreed to convey two parcels totaling 2l.07 acres to the County Commissioners to be used for recreational purposes. The Board also asked that they have joint use of the new parking lot and that a fence be placed on each side of the roadway leading into the Park from Sharpsburg Pike. The Commissioners agreed to joint use of the parking area and to placing a split rail fence on each side of the roadway. Mr. McGrory distributed copies of a draft agreement and stated that he would draw up and submit an agreement for execution. Dr. Gersen distributed copies of the discussion statement for the ITV Task Force and James Lemmert reviewed the mission of the facility consultant regarding future plans. Board of Education members also agreed to review the policy by which speakers are chosen for commencement ceremonies. The meeting was adjourned at 4:00 p.m. County Attorney , Clerk October l8, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION - LUPUS AWARENESS MONTH Commissioner Bowers presented Carol Dohrmann with a proclamation naming October l988 as Lupus Awareness Month in Washington County. Ms. Dohrmann thanked the Commissioners for the proclamation and explained the symptoms of Lupus and its effects. INTRODUCTION OF NEW EXTENSION SERVICE STAFF Mary Ellen Waltemire, Director of the Extension Service, introduced three new employees: Sandy Scott, Horticulture Consultant, and Home Economists Maxine Casey and Lynn Little. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Airport's 60th anniversary celebration, the Airport Commission meeting, the Voluntary Council for Alcohol and Drug-Free Youth and the Children's Council meeting. TOURISM GRANT Robert O'Connor, Director of Tourism, announced that matching grant funds in the amount of $l9,500 have been secured from the State of Maryland to be used for advertising and printing. HOTEL/MOTEL TAX ORDINANCE Pursuant to the Public Hearing held on September 27, l988, a MOTION was made by Commissioner Roulette, seconded by Irvin to adopt an ordinance requiring a tax on hotel/motel rooms in the amount of l.5% to become effective July l, l989 which will increase to 3.0% as of January l990 and also to restructure the Tourism Commission to include 3-4 additional members representing the hotel/motel industry. Unanimously approved. FIRE & RESCUE ASSOCIATION RESOLUTION The Commissioners discussed the proposed resolution submitted by the Volunteer Fire & Rescue Association, and Mr. Teach, County Administrator, informed the Commissioners of practices used in Frederick County regarding County participation and involvement with their local volunteer fire and resuce association and the LOSAP Program. The Commissioners requested that written proposal be drafted regarding policy making authority with the Volunteer Fire & Rescue Association. IMPACT FEE STUDY COMMITTEE REPORT Keller Nigh, Chairman of the Impact Fee Study Committee, along with Committee members John Shank, Steven Ernst, Marie Lehman and Paul Roth, presented the Impact Fee Report. The Committee expressed concern about the effect of impact fees on the economy. Recommendations included: more in-depth research, appointment of a Capital Finance Committee, and adoption of an Adequate Facilities Ordinance. The Committee concluded that the impact fee system would only generate a fraction of the funding sources required for infrastructure expansion and cannot be used to fund existing needs. The Commissioners requested that the Impact Fee Committee meet with them again to review the study in more depth and thanked the Committee for their efforts. BID OPENING - WHEEL TRACTOR SCRAPER One bid was received for the wheel tractor scraper and was publicly opened and read aloud. The proposal received was from Alban Tractor in the amount of $25l,065 with bid bond attached. The bid will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - SEWER EXTENSION TO NEW TERMINAL SITE The bids for the sewer extension to the new terminal site were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Charles E. Brake Co. - $l26,567; George & Son - $l94,873.40; Fayetteville Contractors - $ll7,l46.l0; and C. W. Hetzer - $l42,950. The bids will be reviewed by appropriate officials prior to a decision being rendered. OCTOBER l8, l988 MINUTES, CONT'D. BID OPENING - COURT RECORDING EQUIPMENT The bids for the court recording equipment were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Information Products - $l0,985 and Harris-Lanier - $l0,705. The bids will be reviewed by appropriate officials prior to a decision being rendered. GOLF COURSE NAME AND RATE SCHEDULE - HAROLD OTIS Harold Otis, Chairman of the Washington County Public Golf Course Corporation, appeared before the Commissioners to announce that the name of the new County golf course will be Black Rock Golf Club. Mr. Otis also presented a schedule of rates for the new course. The Commissioners concurred with the decisions made by the Golf Course Corporation. HUMP ROAD WATER PROJECT Motion made by Commissioner Snook, seconded by Roulette to amend the contract for the Hump Road Water Project to include the extension of laterals from the east to the west side of Hump Road for l4 residential properties and the McRand property for a cost of up to $8,000 and to enter into agreements with the property owners whereby the County would recoup the $230 connection fee when the property owner connects to the system. Unanimously approved. AMEND COMMUNICATIONS CONSULTING CONTRACT Motion made by Commissioner Roulette, seconded by Irvin to amend the communications consulting contract by $2,550 to allow the consulting firm to verify charges and reconcile the actual use and charges against the billing. Unanimously approved. IMPROVE PARKING LOT - SMITHSBURG HIGH SCHOOL Motion made by Commissioner Snook, seconded by Roulette to allocate $35,000 to be taken from the Capital Contingency Fund to have the lower parking lot at Smithsburg High School graded and a base coat of 3 l/2" of overlay applied by the Roads Department. Unanimously approved. LUNCH & TOUR - MT. BRIAR WETLAND PRESERVE The meeting was recessed at ll:30 a.m. for a tour of the Mt. Briar Wetland Preserve and lunch with the Park Board at the Rohrersville United Methodist Church. AFTERNOON SESSION The Afternoon Session was convened at 2:l5 p.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. PUBLIC HEARING - LIVABILITY CODE The Meeting was convened in public hearing at 2:l5 p.m. to hear comments regarding the livability code. Vance Ishler, representing the Town of Williamsport, and Charles Slick representing the Town of Smithsburg, were in attendance to questions inspection procedures and how the State monies will be distributed. Kathleen Riley, Director of Citizen Services, informed those in attendance that the State funds will come to the County for training and advertising and the County, in turn, will draw down funds for the towns. The Commisisoners also informed Mr. Ishler and Mr. Slick that the municipalities could perform the inspections for the livability code. Mr. Bowers announced that the record would remain open for ten (l0) days in order to receive written comments. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin to convene in Executive Session at 2:40 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner Roulette was excused from the Meeting. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Downey to reconvene in Regular Session at 5:l0 p.m. Unanimously approved. CLERK TYPIST - HOUSING & COMMUNITY DEVELOPMENT Motion made by Commissioner Snook, seconded by Irvin to employ Debbie Yost as Clerk Typist in the Housing & Community Development office to fill an existing vacancy. Motion carried with Commissioners Snook, Irvin and Bowers voting "AYE" and Commissioner Downey "ABSTAINING". At this time Commissioner Irvin was excused from the Meeting OCTOBER 18, l988 MINUTES, CONT'D. EMPLOY HOUSING PROCESSOR Motion made by Commissioner Snook, seconded by Downey to employ Janet Moats as Housing Processsor in the Housing & Community Development office to fill an existing vacancy. Unanimously approved. EMPLOY DIRECTOR OF HOUSING & COMMUNITY DEVELOPMENT Motion made by Commissioner Snook, seconded by Downey to employ Richard Willson as Director of Housing & Community Development to fill an existing vacancy. Unanimously approved. RECESS The Meeting was recessed at 5:l5 p.m. and will be reconvened at 7:30 p.m. for a Joint Public Hearing with the Planning Commission. EVENING SESSION - JOINT PUBLIC HEARING - RZ-407 A Joint Public Hearing held by the Washington County Commissioners and the Planning Commission was convened at 7:30 p.m. in Court Room No. l of the Washington County Court House to hear testimony regarding Rezoning Text Amendment RZ-407 - Animal Husbandry Operations. Presiding at the hearing were County Commissioners' President Ronald L. Bowers and Planning Commission Vice-Chairman, Donald Zombro. Also present were Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook, and Planning Commission member Bert Iseminger. The proposed Ordinance was reviewed by Associate Planner, Timothy Lung, and a question and answer session was moderated by Commissioner Roulette, who was a member of the committee appointed to study animal husbandry operations in the County which drafted the proposed ordinance. After hearing all testimony for and against RZ-407, it was announced that the record would remain open for ten (l0) days for additional testimony to be submitted in writing, after which time a recommendation will be submitted by the Planning Commission to the Board of County Commisisoners for their decision. The Hearing was closed at l0:45 p.m. County Attorney , Clerk October 25, l988 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers with the following members present: Vice President Richard E. Roulette, and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. 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. REQUEST TO IMPROVE LANDIS AND DAY ROADS Carrie and Milton Stamper appeared before the Commissioners to request that Landis and Day Roads be improved. The Stampers will be developing land along these roads and have agreed to participate in the cost of needed improvements and also to provide necessary right-of-way. Glenn Dull, County Engineer, stated that the improvements would cost approximately $80,000 for 800'-900' of road construction and utility relocation. Mr. Dull recommended that Milcar Construction pay 25% of the costs. The Commissioners told the Stampers they would let them know when they made a decision later in the day. BOARD/COMMISSION REPORTS Commissioner Roulette reported on the Ad Hoc Committee formed to study animal husbandry operations and stated that the amendments to the proposed ordinance will go beyond editorial changes and that another public hearing will be readvertised and held after the ordinance is amended; Commissioner Irvin reported on the Transportation Commission meeting; Commissioner Downey reported on the Fire & Rescue Communications Advisory Board meeting and the Alcohol and Druge Abuse Advisory Council; and Commissioner Snook reported on the Transportation Advisory Committee meeting and the Parks Commission meeting. IMPACT FEE STUDY COMMITTEE Keller Nigh, Chairman of the Impact Fee Study Committee, along with Vice-Chairman Chip Snyder, and members Tim Keener, Paul Roth and Marie Lehman, appeared before the Commissioners to further discuss the Impact Fee Study presented at last week's meeting. The Study Committee recommended that the Commissioners name another group to review revenue sources, including impact fees, and also to develop an Adequate Facilities Ordinance and Capital Finance Committee. Mr. Nigh informed the Commisisoners that the Committee would be happy to meet in a joint session with the County Commissioners and the Washington County Delegation to the General Assembly if the Commissioners decide to request enabling legislation. BID OPENING - GASOLINE, DIESEL FUEL AND MOTOR & INDUSTRIAL OILS The bids for gasoline, diesel fuel and motor and industrial oils for the Roads Department were publicly opened. Due to the complexity of the bids, they were not read aloud but were available for inspection in the Purchasing Office. Firms participating in the bidding were as follows: Southern States Co-op; Jackson Oil Corporation; A.C.& T.; Dryden Oil Company; Metallgesellschaft Corporation; Skyline Oil, Inc.; Hardell Corporation; Ewing Oil and Solliday Sales, Inc. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - 3/4 TON 4-WHEEL DRIVE PICKUP One bid was received for the 3/4 ton 4-wheel drive pickup truck for the Landfill and was publicly opened and read aloud. The firm participating in the bidding was Martin Truck who submitted a bid of $l4,893. The bid will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered later in this Session.) BID AWARD - WHEEL TRACTOR SCRAPER Motion made by Commissioner Irvin, seconded by Downey to award the bid for the wheel tractor scraper to be used at the Landfill to Alban Tractor who submitted the low and only bid of $25l,065. Unanimously approved. UPDATE RZ-402 - FLOODPLAIN ORDINANCE Richard Parks, Director of Planning & Review, appeared before the Commissioners to update them on the Floodplain Ordinance and to review changes to be made to the Ordinance. REZONING CASE RZ-345 Tim Lung, Associate Planner, appeared before the Commissioners to update them on Rezoning case RZ-345, a PUD overlay on an existing RU zoning. Mr. Ausherman, the applicant, has submitted an alternate proposal on the access road leading to the planned development. Mr. Lung also informed the Commissioners that County Engineer Glenn Dull feels that the 20' width that Mr. Ausherman will be utilizing for his access road is insufficient. The Commissioners stated that they could not support the concept due to problems associated with access, including drainage, and requested that another plan for access be submitted. OCTOBER 25, l988 MINUTES, CONT'D. BID AWARD - SEWER EXTENSION TO AIRPORT TERMINAL Motion made by Commissioner Snook, seconded by Irvin to award the bid for the sewer extension to the Airport Terminal to Fayetteville Contractors who submitted the low bid of $ll7,l46.l0. Unanimously approved. MEMORANDUM OF UNDERSTANDING - MARYLAND HISTORICAL TRUST Motion made by Commisssioner Snook, seconded by Roulette to enter into a Memorandum of Understanding with the Maryland Historical Trust on the Herman-Schindel Farm which requires that an archeological survey be conducted, a marketing plan be developed for the farm house for renovation and public use in place or removal and renovation, and if this marketing plan is not successful, to have a recorded demolition. Unanimously approved. APPLICATION - MARYLAND CONSERVATION CORPS Motion made by Commissioner Roulette, seconded by Snook to approve submittal of an application to the Maryland Conservation Corps for a summer crew to perform stabilization of 850' of stream bank and upgrading of l500' of the nature trail at Devil's Backbone Park, with the County to provide transportation and equipment. Unanimously approved. I & A SEWER APPLICATION Motion made by Commissioner Snook, seconded by Roulette to submit an application for an I & A sewer grant for approximately $6250 to install a sand mound system in the Boonsboro area. Unanimously approved. BOND COUNSEL APPOINTMENT Motion made by Commissioner Snook, seconded by Roulette to accept the proposal submitted by Miles & Stockbridge to act as the County's bond counsel for the upcoming bond issue for the fee of $l0,000 plus expenses. Unanimously approved. BID AWARD - 3/4 TON 4-WHEEL DRIVE PICKUP Motion made by Commissioner Roulette, seconded by Snook to award the bid for the 3/4 Ton 4-wheel drive pickup truck for the Landfill to Martins Truck who submitted the low bid of $l4,800. Unanimously approved. MEETING CHANGE The Commissioners decided to meet on Monday, November 7 since November 8 is the Election Day Holiday. SIDEWALKS - NORTHERN AVENUE Motion made by Commissioner Snook, seconded by Roulette to have sidewalks constructed on Northern Avenue from the IBM property to Foutaindale Elementary School for the approximate cost of $25,000 with funds to be taken from the Fund Balance. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at l2:00 noon in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Irvin to reconvene in Regular Session at l:25 p.m. Unanimously approved. IMPROVEMENT OF LANDIS AND DAY ROADS Motion made by Commissioner Roulette, seconded by Snook to proceed with the improvement of Landis and Day Roads with Milcar Construction to participate by contributing the right-of-way necessary for the project plus 25% of the construction costs, not to exceed $20,000. Unanimously approved. EMPLOY SECRETARY II - ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Downey, seconded by Roulette to employ Kelly Ausherman as Secretary Ii in the Economic Development Commission office. Unanimously approved. TRANSFER - ADMINISTRATIVE ENGINEER - ENGINEERING DEPARTMENT Motion made by Commissioner Roulette, seconded by Snook to transfer Dean Lowry from the Roads Department to fill the existing vacancy in the Engineering Department as Administrative Engineer. Unanimously approved. OCTOBER 25, l988 MINUTES, CONT'D. EMPLOY PLANNING DRAFTER Motion made by Commissioner Roulette, seconded by Snook to employ Bonnie Lewis as Planning Drafter at Grade 6, Step E in the Planning Department to fill an existing vacancy. Unanimously approved. EMPLOY PART-TIME BUS DRIVERS Motion made by Commissioner Irvin, seconded by Roulette to employ Bobbie Jean Frederick and Albert Mallott as Part-time Bus Drivers to fill existing vacancies. Unanimously approved. MEMORANDUM OF UNDERSTANDING - WASHINGTON COUNTY REGIONAL PARK Motion made by Commissioner Roulette, seconded by Irvin to enter into a Memorandum of Understanding with the City of Hagerstown for annexation of the Washington County Regional Park into their corporate limits with the understanding that the Regional Park will be exempt from all City permit and review procedures. Unanimously approved. ACCEPTANCE OF RIGHT-OF-WAY - LAKE FAIRPLAY ESTATES Motion made by Commissioner Roulette, seconded by Snook to accept the dedication of right-of-way from property owners of Lake Fairplay Estates, Section l, Plat Records 583 and 583A, to allow the County to improve the roadway and bring it into the County road system. Unanimously approved. RECESS The Meeting was recessed at l:30 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 2:l0 p.m. by the President Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. CDBG RESOLUTION Motion made by Commissioner Roulette, seconded by Downey to authorize submitting a Maryland Small Citites CDBG-Economic Development application to the Department of Economic & Employment Development for at least $500,000 for l989 for roads, water and sanitary sewer for an economic development project. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin to convene in Executive Session at 2:l5 p.m. in regard to personnel matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Irvin, seconded by Downey to reconvene in Regular Session at 3:40 p.m. and adjourn. Unanimously approved. County Attorney , Clerk November l, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION - REACT MONTH Commissioner Bowers presented a proclamation to members of the Hagerstown, Hot Line and Cascade REACT Teams naming November l988 as REACT Month in Washington County and thanked the members for their contributions in providing volunteer public service and emergency communications services. LETTER OF COMMENDATION - 911 OPERATIONS Kathleen Riley, Director of Citizens' Services, along with Ronald Karn, Chief of Fire & Rescue Communications, and David Pheil, 911 Technician, appeared before the Commissioners to inform them that the annual inspection of 911 facilities has been completed by the Emergency Number System Board and that Washington County has received a letter highly commending the County and their staff. IMPROVEMENTS - LANDIS & DAY ROADS Carrie and Milton Stamper of Milcar Construction met with the Commissioners to discuss the the decision made at the October 25 meeting which would require Milcar Construction to dedicate the right-of-way needed for the project, plus $20,000 cash as their participation in the improvement of Landis and Day Roads where they are planning to develop property. Ms. Stamper stated that they will give the County the right-of-way valued at $.75 per square foot which would total $l7,560 and also would contribute $8,000 cash toward upgrading the roads. The Commissioners stated that the right-of-way to be dedicated is not a point of negotiation but that they would consider compromising on the amount the Stampers would contribute to the project. Commissioner Downey suggested that a compromise be considered. Commissioner Roulette stated that since the County is proposing $20,000 and the Stamper's, $8,000, that a compromise of $l6,000 would be fair, and the Stampers agreed to this figure plus dedication of right-of-way. Motion made by Commissioner Roulette, seconded by Snook to amend the action taken on October 24, l988 regarding the Stamper's contribution to the improvement of Landis and Day Roads, and agree to the negotiated contribution from the Stampers of 20% of the estimated construction cost of the improvements, not to excced $l6,000, in cash, plus the dedication of necessary right-of-way 25' from the center line. Unanimously approved. REPLACEMENT OF WOODMONT ROAD BRIDGE Glenn Dull, County Engineer, appeared before the Commissioners to report that they are encountering problems with renovations on the Woodmont Road Bridge. Mr. Dull stated that the concrete is in extremely poor condition under the blacktop and cannot be repaired to allow any vehicles over a l5 ton limit; therefore, he recommends going ahead and replacing the bridge for the cost of $57,000. Also, a temporary access road over the stream would be necessary during the construction period. Motion made by Commissioner Snook, seconded by Roulette to authorize the Roads Department, in conjunction with the Engineering Department, to proceed with preparing a temporary access over the stream while construction on the Woodmont Road Bridge is being performed. Unanimously approved. Motion made by Commissioner Snook, seconded by Roulette to proceed with replacement of the Woodmont Road Bridge, as opposed to renovation, for an estimated overrun of $l5,000 - $20,000. Unanimously approved. REAPPOINTMENTS - AREA AGENCY ON AGING Motion made by Commissioner Roulette, seconded by Irvin to reappoint Ida Jo Martin, Sally Fost and Raymond Hahne to the Area Agency on Aging for three-year terms. Unanimously approved. CONVENE AS THE BOARD OF HEALTH The Commissioners convened sitting as the Board of Health at 9:45 a.m. to consider extending the moratorium on animal husbandry operations. Minutes of this meeting will be kept separately with Board of Health minutes. APPROVAL OF MINUTES - OCTOBER 11, 1988 Motion made by Commissioner Irvin, seconded by Roulette to approve the minutes of October ll, l988, as amended. Unanimously approved. NOVEMBER 1, 1988 MINUTES, CONT'D. ADOPTION OF LIVABILITY CODE Motion made by Commissioner Downey, seconded by Roulette to adopt the Livability Code, as presented at the Public Hearing held on October l8, l988, in regard to housing standards with an effective date of January l, l989. Unanimously approved REQUEST FOR EXPANSION - ENTERPRISE ZONE Barry Teach, County Administrator, informed the Commissioners that Robert Saum, representing Printers II, Inc., and Stephen Sagi, on behalf of Greenfield Associates, have requested that the enterprise zone be expanded to include the Jamison and Doubleday tracts. This request has been sent to the Economic Development Commission and they have recommended that it be included in the Hagerstown/Washington County Enterprise Zone and that a letter be sent to the Secretary of the Department of Economic and Employment Development requesting this expansion. The Commissioners asked that this be returned to the Economic Development Commission to establish documentation which should be included with the request to DEED. CARPETING - DISTRICT COURT Motion made by Commissioner Snook, seconded by Roulette to equally share the cost of carpeting in the courtrooms and hallway of the District Court offices, which they rent from the County, with the State of Maryland for an estimated cost of $l,750 each. Unanimously approved. CLOSING-OUT SALE - BELLS Motion made by Commissioner Snook, seconded by Roulette to approve the application submitted by Bells in the Valley Mall for a closing-out sale. Unanimously approved. LAND CONVEYANCE - FAIRCHILD INDUSTRIES Donald Parker, Deputy Counsel for Fairchild Industries, appeared before the Commissioners to donate 5.6 acres of land near the Washington County Regional Airport to the County and presented the deed to Commissioners. Commissioner Bowers thanked Mr. Parker and stated that the County appreciated the cooperation which the County has received from Fairchild in the past. UPDATE - RETIREMENT AND PENSION PLAN Alan Davis, Director of Personnel and Insurance, and James Myron of Aetna Insurance Company, appeared before the Commissioners to update them on the County's retirement and health plans. Mr. Myron stated that he is sending Mr. Davis monthly reports on health claims. Mr. Myron also reported that the pension plan is in excellent shape, according to actuarial valuation, on l30% on the funded ratio. The total value of benefits is $l4,653,000, and the actuarial value of assets - $9,226,000, future normal cost of County contribution to the plan - $5,06l,000, and unfunded liability of $365,000 (amortized). Commissioner Bowers asked that Mr. Myron come back with numbers on the cost of paying health insurance benefits for retirees. CAPITAL PROJECTS LIST The Commissioners discussed the list of capital projects which marked for Fiscal Years l989-l990, Local funding for these projects for Fiscal Year '89-90 is estimated at $l8,500,000, for FY '90-9l - $8,800,000 and for FY '91-92 - $ll,079,000. The Commissioners determined that the $l0,000,000 in bonding authority which they are seeking will not be sufficient to cover all projects which should be accomplished. Also discussed was the possibility of requesting authorization to seek $l0,000,000 bonding authority each year for three years. No decisions were made at this time. BID OPENING - FLEET INSURANCE The bids for fleet insurance were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Wright-Gardner - total annual premium - $ll5,832; NCI - total annual premium - $l37,l54; and Caroon and Black - total annual premium - $ll7,9l3. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - LUMBER AND SUPPLIES The bids for lumber and supplies were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Lowes - $5,754.43; Maugansville Building Center - $5,433.33; Coffman Lumber Company - $6,094.70 and Cavetown Planing Mill - $6,l40.l9. The bids will be reviewed by appropriate officials prior to a decision being rendered. NOVEMBER l, l988 MINUTES, CONT'D. IMPACT FEE LEGISLATION The Commissioners agreed to request enabling legislation for impact fees from Washington County Delegation to the General Assembly. TERMINATION OF MAINTENANCE AGREEMENT - HALFWAY PARK Motion made by Commissioner Irvin, seconded by Snook to cancel the maintenance agreement for the softball fields at Halfway Park with the County to assume full maintenance of the fields. Unanimously approved. AMEND ANNUAL POS PROGRAM Motion made by Commissioner Snook, seconded by Roulette to amend the Annual Program Open Space Program under "Development" to include the Town of Williamsport project, W. D. Byron Park Development #4, for planning and renovation of the barn on the former Springfield farm into a historical museum. Unanimously approved. BID AWARAD - GASOLINE AND MOTOR OILS Motion made by Commissioner Roulette, seconded by Irvin to award the bid for gasoline, diesel fuel and kerosene to A.C.&T. who was the low bidder and to award the bid for industrial oil to Dryden Oil Company, who submitted the low bid. Unanimously approved. REAPPOINTMENTS - COMMISSION ON AGING Motion made by Commissioner Snook, seconded by Irvin to reappoint Rev. Leonard Curlin and Winifred Kelsh to the Commission on Aging for three-year terms. Unanimously approved. INTENTION TO CONVEY PROPERTY - MCRAND AND VALENTINE Motion made by Commissioner Downey, seconded by Snook to convey l3.00l2+/- acres of land in the Washington County Business Park to McRand Limited Partnership for the sum of $l04,009.60 described as Final Plat Lots l-8, and to convey 2.5+/- acres of land from the northern portion of Lot l2 located in the Washington County Business Park to Stanley and Debra Valentine for the sum of $ll,000 per acre as advertised. Unanimously approved. CHANGE ORDER - COURT HOUSE ROOF Motion made by Commissioner Downey, seconded by Snook to approve the Change Order submitted by Kline Roofing to extend the contract by 45 days, until December 28, for the Court House Roofing Project. Unanimously approved. LUNCH AND TOUR - SOIL CONSERVATION SERVICE The Meeting was recessed at ll:30 a.m. for lunch and a tour of Soil Conservation Service projects, including the Barnhart and Eby farms and the Rockdale Run Watershed Project. AFTERNOON SESSION The Afternoon Session was convened at 2:50 p.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session in regard to personnel and property matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Irvin to reconvene in Regular Session at 5:20 p.m. Unanimously approved. EMPLOY TOURIST INFORMATION SPECIALIST Motion made by Commissioner Roulette, seconded by Irvin to employ Kathy Reed as Tourist Information Specialist at the I-70 Information Center to fill an existing vacancy. Unanimously approved. CHIEF AGREEMENT Motion made by Commissioner Roulette, seconded by Snook to accept the terms as proposed by the Hagerstown-Washington County Industrial Foundation (CHIEF) for approximately 3l acres located in the 70/8l Industrial Park for construction of the Conococheague Wastewater Treatment Plant: l) forgiveness of CHIEF's debt in the amount of $ll6,389,30l which had been advanced for the completion of Breezehill NOVEMBER l, l988 MINUTES, CONT'D. Drive, 2) forgive the County's interest-free loan to CHIEF in the amount of $90,000 which had been made for acquisition of the former Clopper farm; and 3) reimburse CHIEF for its expense in retirement of the Moat's mortgage in the amount of $48,000. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Roulette to adjourn at 5:30 p.m. Unanimously approved. County Attorney , Clerk November l, l988 Hagerstown, Maryland 2l740 CONVENE AS BOARD OF HEALTH The Commissioners convened sitting as the Board of Health at 9:45 a.m. to consider the moratorium imposed on August l2, l988, regarding the establishment or expansion of animal husbandry operations. Commissioner Roulette, who is on the Ad Hoc Committee to study Large Animal Husbandry Operations, informed the Commissioners that the Committee would like a 60-day extension of the moratorium to allow them to amend and clarify the proposed ordinance before holding another public hearing. The Commissioners agreed to extend the moratorium but suggested that it be extended 90 days. Motion made by Commissioner Irvin, seconded by Roulette to extend the moratorium on establishment or expansion of animal husbandry operations in Washington County for 90 days from November l2, l988 until February l2, l989 to allow the ordinance to be amended and clarified. Unanimously approved. The Meeting was reconvened in Regular Session at 9:50 a.m. County Attorney , Clerk November 7, l988 Hagerstown, Maryland 2l740 A Special Meeting of the Board of County Commissioners of Washington County was called to order at l:l5 p.m. by the President Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. AGREEMENT WITH BOARD OF EDUCATION - DOUBS WOODS PARK Motion made by Commissioner Snook, seconded by Irvin to enter into an agreement with the Washington County Board of Education regarding conveyance of 25 +/- acres of land adjacent to Doubs Woods Park and the conditions of conveyance. Unanimously approved. (Copy of Agreement attached.) SUPPLEMENTAL APPROPRIATION - AIRPORT COMMISSION Motion made by Commissioner Snook, seconded by Irvin to approve the establishment of a "Revenue" line item for $30,000 in the Airport budget to receive revenues derived from the Fuel Flow Fee and to establish an expenditure line item for Legal Services in the amount of $8,000. Unanimously approved. BID AWARD - LUMBER AND SUPPLIES Motion made by Commissioner Downey, seconded by Snook to award the bid for lumber and supplies needed by the Parks Department to Maugansville Building Center who submitted the low bid of $5,433.33. Unanimously approved. APPOINTMENT OF FULL-TIME COUNTY ATTORNEY Motion made by Commissioner Roulette, seconded by Snook to appoint Ralph France to the position of Full-time County Attorney which will become effective January l, l989, with a starting salary set at Grade l5, Step H. Motion carried with Commissioners Roulette, Downey, Irvin and Snook voting "AYE" and Commissioner Bowers "ABSTAINING". EXTENSION OF SEWER - SHOWALTER ROAD Glenn Dull, County Attorney, and Merle Holsinger of Associated Engineering Sciences, Inc., appeared before the Commissioners to inform them of the options for providing sewer extension to Showalter Road. After discussion, the Commissioners chose the option of extending sewer to Manhole #l, as indicated on the site map, if it will serve the rest of the County's property to the west by gravity flow. APPOINTMENTS - SARA EMERGENCY PLANNING COMMITTEE Motion made by Commissioner Irvin, seconded by Roulette to request Secretary Robinson to appoint Patricia Hicks who serves on the EMS Committee to replace John Hood and to appoint Douglas DeHaven to replace Greg Socks as the HIRT Team representative on the SARA Local Emergency Planning Committee. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Airport Commission meeting; Commissioner Downey reported on the Health Systems Agency Meeting; and Commissioner Bowers presented the plaque which he received on behalf the Commissioners at the Maryland Theatre's l0th anniversary program. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin to convene in Executive Session at 2:20 p.m. in regard to personnel and property matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Irvin to reconvene in Regular Session at 3:50 p.m. Unanimously approaved. EMPLOY PLANNING DRAFTER Motion made by Commissioner Roulette, seconded by Irvin to employ Debra Brewer in the position of Planning Drafter to fill the existing vacancy. Unanimously approved. NOVEMBER 7, l988 MINUTES, CONT'D. AUTHORIZE HIRING PART-TIME RECREATION SPECIALIST Motion made by Commissioner Downey, seconded by Roulette to authorize the Recreation Commission to proceed with hiring a Part-time Recreation Specialist within their existing budget. Unanimously approved. PROMOTE FIRE & RESCUE COMMUNICATIONS TECHNICIAN Motion made by Commissioner Roulette, seconded by Irvin to promote Keith Bowen from Part-time to Full-time Communications Technician to fill an existing vacancy. Unanimously approved. ACCEPT CONTRACT - ELECTRONIC TECHNOLOGIES OF AMERICA Motion made by Commissioner Roulette, seconded by Snook to enter into a contract of sale with Electronic Technologies of America for 3.l acres off Hump Road with the contingency that the County retains the first right of refusal on this property. Unanimously approved. AUTHORIZE HIRE OF CORRECTIONAL OFFICERS Motion made by Commissioner Snook, seconded by Irvin to authorize the Sheriff's Department to hire five additional Correctional Officers. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Snook to adjourn at 3:55 p.m. Unanimously approved. County Attorney , Clerk November 14, 1988 Hagerstown, Maryland 21740 A Joint Public Hearing held by the Washington County Commissioners and the Planning Commission was convened at 7:00 p.m. in Court Room No. l of the Washington County Court House to hear testimony regarding Rezoning Cases, RZ-403, 404, 405, 406 and 408. Presiding at the hearing were County Commissioners' President, Ronald L. Bowers, and Planning Commission Chairman, Jack Byers. Also present were Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook and Planning Commission members Donald Zombro, Judy Acord, Ray Johns and Bert Iseminger. Presenting Staff Reports were Stephen Goodrich, Senior Planner, and Timothy Lung and Lisa Kelly Pietro, Associate Planners. After hearing all testimony, it was announced that the record would remain open for ten (l0) days to allow additional testimony to be submitted in writing. The hearing was closed at l0:30 p.m. County Attorney , Clerk November l5, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:l5 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, and Linda C. Irvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Edith Sweigert, Parks Administrator, followed by the Pledge of Allegiance to the Flag by the full assemblage. FLOODPLAIN ORDINANCE - RZ-402 Pursuant to the public hearing held on October ll, l988, a Motion was made by Commissioner Roulette, seconded by Irvin to adopt Text Amendment RZ-402, known as the Floodplain Ordinance as presented. Unanimously approved. At this time Commissioner Snook arrived at the meeting. ANNUAL PROGRAM OPEN SPACE PROGRAM Edith Sweigert, Parks Administrator, presented the Annual Program for Fiscal Year l990 for Program Open Space acquisition and development projects. Motion made by Commissioner Snook, seconded by Roulette to accept and forward to the State Department of Natural Resources, Washington County's Program Open Space Annual Program for Fiscal Year l990 for acquisition. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Roulette reported on the Planning Commission meeting; Commissioner Irvin reported on the Commission for Women meeting, the Airport Commission and Children's Council; and Commissioner Downey gave a report on the Health Systems Agency meeting and Fire & Rescue Communications Advisory Board. COMMISSION FOR WOMEN - APPOINTMENTS Motion made by Commissioner Irvin, seconded by Snook to appoint Harriet Bowman to fill the unexpired term of Dot McDonald to July l, l989, Lucie Neill to fill the unexpired term of Stephanie Riley to July l, l990 and Yvonne Thomas to fill the unexpired term of Kathy Wantz to July l, l990 on the Commission for Women Board. Unanimously approved. YOUTH OF THE MONTH RECOMMENDATIONS Motion made by Commissioner Irvin, seconded by Roulette to approve the following Children's Council recommendations for Youth of the Month: Natalie Stouffer for September, Carrie Willson for October and Mark Bragunier for November. Unanimously approved. NOVEMBER l5, l988 MINUTES, CONT'D. ADOPTION OF BOND RESOLUTION Jeff Palkovitz of Miles & Stockbridge, the County's bond counsel, submitted a Resolution for adoption to the Commissioners which would authorize the issuance of bonds based on Chapter law passed by the General Assembly, with a bid opening set for November 29 and closing to occur in December. Motion made by Commissioner Downey, seconded by Roulette to adopt a Resolution authorizing and empowering the County Commisisoners to issue and sell at public sale, upon its full faith and credit, its general obligation serial maturity bonds in the aggregate principal amount of $l0,000,000 to be known as "Washington County, Maryland Public Facilities Bonds of l988" (Resolution attached). Unanimously approved. Motion made by Commissioner Snook, seconded by Roulette to consent to the County's financial adviser, Ferris, Baker Watts & Company, Inc., submission of a proposal for the $l0,000,000 Public Facilities Bonds of l988. Unanimously approved. AUDIT REPORT - FISCAL YEAR l988 Michael Manspeaker of Smith, Elliott, Kearns and Company, presented their report of the County's Fiscal Year l988 audit of County funds to the Commissioners. Mr. Manspeaker stated that $6.3 million is in the Fund Balance representing an increase of approximately $700,000 over the previous fiscal year. He also reviewed the special revenue accounts of Revenue Sharing and Highway Funds. Mr. Manspeaker stated that the County is in excellent financial shape and the economic outlook is very positive. PUBLIC HEARING - PLUMBING CODE AMENDMENTS The Meeting was convened in Public Hearing at ll:l5 a.m. in order to hear comments regarding the proposed plumbing code amendments. Richard Parks, Director of Planning and Review, and Michael Waugh, Assistant Chairman of the Plumbing Board, appeared before the Commissioners to present the Plumbing Code amendments and to answer any questions they may have regarding the amendments. Mr. Irvin Golden spoke in opposition to the testing procedure. There being no one else present to speak for nor against the proposed amendments, President Bowers stated that the record will be held open for ten (l0) days in order to receive written comments and reconvened the meeting in Regular Session. BOARD OF EDUCATION - CAPITAL PROGRAM Wayne Stouffer, Director of Fiscal Services for the Board of Education, appeared before the Commissioners to present the five-year capital plan and explained that the Board will be using the money committed by the County for the addition to Boonsboro Elementary School and they will submit an application to the State for renovation monies. Motion made by Commissioner Roulette, seconded by Irvin to execute the Statement of Intent of the Board of Education and forward to the State the Capital Improvement Program for Fiscal Year l990-94 as amended October 3l, l988. Unanimously approved. SEWER SERVICE POLICY - SANITARY COMMISSION Lynn Palmer, Executive Director of the Sanitary Commission, along with Louise Fahrney, Chairperson, and other Sanitary Commission members, met with the Commissioners to explain the new sewer service policy which went into effect July l, l988. Mr. Palmer stated that the reason for instituting the new policy was to have a uniform system to establish and calculate rates and, therefore, abolish any inequities in the amount charged in different subdistricts . Mr. Palmer then distributed a copy of the new policy. CONSULTANT SELECTION - CHEWSVILLE STUDY Motion made by Commissioner Roulette, seconded by Snook to accept the County Administrator's recommendation and select EpiStat who submitted the low bid of $26,400 as the consulting firm to perform a cancer research investigation in the Chewsville area. Unanimously approved. APPROVAL OF MINUTES - OCTOBER l8 AND 25, l988 Motion made by Commissioner Downey, seconded by Irvin to approve the minutes of October l8 and 25, l988, as submitted. Unanimously approved. LINE ITEM TRANSFER - ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Roulette, seconded by Irvin to transfer $l,538.50 from Salaries - Other Staff (0l-5-020l-404-000) to a new line item to be called Building Improvements (0l-5-020l-58l--000) for carpeting for the Economic Development Commission office. Unanimously approved. NOVEMBER l5, l988 MINUTES, CONT'D. MANOR CHURCH ROAD Carol Gersen, Bob Cukla and Julie Flaherty appeared before the Commissioners to ask the Commissioners to stop the improvements to Manor Church Road for 60 days until the property owners along this roadway can provide input as to how they feel the improvements should be made. The Commissioners agreed to have work stopped on Manor Church Road for 30 days. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at l:20 p.m. in regard to personnel and property matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Irvin to reconvene in Regular Session at 3:55 p.m. Unanimously approved. EMPLOY PART-TIME TOURIST INFORMATION SPECIALIST Motion made by Commissioner Roulette, seconded by Irvin to employ Barbara Rohrer as Part-time Tourist Information Specialist at the Dual Highway Office. Unanimously approved. CONSOLIDATE POSITION - COUNTY COMMUTER The Commissioners agreed to allow the Transportation Commission to consolidate two part-time positions, one for maintenance and one part-time driver position, into one full-time position as a Driver - Floater. REAPPOINTMENT - RECREATION COMMISSION Motion made by Commissioner Roulette, seconded by Snook to reappoint Paula Worthington to the Recreation Commission for a three-year term. Unanimously approved. BID AWARAD - COURT RECORDING EQUIPMENT Motion made by Commissioner Irvin, seconded by Roulette to award the bid for court recording equipment to Lanier Business Products who submitted the low bid of $l0,705. Unanimously approved. Motion made by Commissioner Irvin, seconded by Roulette to transfer $ll80 from Capital Outlay (0l-5-0lll-600-000) to Maintenance Agreements - Equipment (0l-5- 0lll-543-020) to cover the cost for a maintenance agreement for the new court equipment. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 4:00 p.m. Unanimously approved. County Attorney , Clerk November 22, l988 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:l5 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. 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. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Transportation Commission meeting and the Historical District Commission meeting; Commissioner Roulette reported on the Ad Hoc Committee to Study Animal Husbandry Operations; and Commissioner Downey reported on the Drug and Alcohol Advisory Council meeting. SUPPLEMENTAL APPROPRIATION - TRAINING Motion made by Commissioner Roulette, seconded by Irvin to transfer $l0,000 from the Commissioners Contingency Fund to the Training Line Item in the Personnel budget, in order to cover the cost of the management training for department heads. Unanimously approved. LINE ITEM TRANSFER - COUNTY OFFICE BUILDING Motion made by Commissioner Downey, seconded by Roulette to transfer $3500 within the County Office Building budget from Buildings (0l-5-0l72-54l-000) to Building Improvement (0l-5-0l72-58l-000) to pay for construction of a vent in the Engineering Office. Unanimously approved. REAPPOINTMENT - COFFMAN HOME FOR THE AGING Motion made by Commissioner Snook, seconded by Irvin to confirm the reappointments of Thelma Coffman, Landis Coffman and Robert Harrell for five year terms to the Board of Trustees of the Coffman Home for the Aging. Unanimously approved. APPROVAL OF MINUTES - NOVEMBER l & 7, l988 Motion made by Commissioner Snook, seconded by Irvin to approve the minutes of November l and 7, l988, as corrected. Unanimously approved. BID AWARD - FLEET INSURANCE Motion made by Commissioner Roulette, seconded by Irvin to award the bid for fleet insurance to Penninsula Insurance through Wright Gardner Insurance who submitted the low proposal for premium of $ll5,832 to be paid in four installments. Unanimously approved. GUIDELINES - SEPTAGE DISPOSAL Barry Teach, County Administrator, reviewed guidelines for a scavenger control program as submitted by the Washington County Health Department regarding septage disposal. The Commissioners instructed Mr. Teach to schedule a public hearing to allow public testimony regarding these guidelines. JUDICIAL OPINION - AMENDMENT OF ZONING ORDINANCE In accordance with an opinion received from Circuit Court Judge Fred Wright III, and upon recommendation of the County Attorney, the Commissioners agreed to advertise and schedule a public hearing to consider amending the County Zoning Ordinance. The amendment would eliminate any requirement for "undue hardship" and would include a definition of "practical difficulty" as it pertains to the Ordinance. INTRODUCTION OF NEW SOCIAL SERVICES DIRECTOR Janice Cirincione, Chairperson, along with members of the Board of Directors of the Department of Social Services, appeared before the Commissioners to introduce David Engle as the new director of the Washington County Department of Social Services. Mr. Engle stated that he is honored to have been selected and that he wishes to commend the County Commissioners, the Social Service Board and staff for their reputation for excellence in providing services. Commissioner Bowers welcomed Mr. Engle to Washington County on behalf of the Commissioners. RECOMMENDATIONS - VOLUNTEER FIRE AND RESCUE ASSOCIATION Kathleen Riley, Director of Citizens Services, appeared before the Commissioners in response to their request for a recommendation on the Fire & Rescue Association's proposed resolution. Ms. Riley presented a brief outine and organizational chart from Frederick County showing their Volunteer Fire & Rescue Associations responsibility, since they have developed a workable program. She also submitted NOVEMBER 22, l988 MINUTES, CONT'D. that certain responsibilities could be assigned to the Washington County Volunteer Fire & Rescue Association, such as requests for funding, recommendations regarding establishment of companies or substations, insurance, responsibility for determining geographic areas of response, etc. The Commissioners requested that Ms. Riley meet with the Association to develop and implement these recommendations. RECESS The meeting was recessed at l0:45 a.m. for field inspections of Manor Church Road, Rosehill Avenue, Fairplay Estates and the golf course. AFTERNOON SESSION The Afternoon session was called to order at 2:00 p.m. by the President Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 2:00 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin, seconded by Snook to reconvene in Regular Session at 4:l0 p.m. Unanimously approved. CLOSING OUT SALE - BELL'S MENS WEAR Barry Teach, County Administrator, reported that complaints have been received regarding suspected violations of the Closing Out Sale License issued to Bell's Mens Wear in that they have been bringing in additional inventory to that which was reported on the inventory list submitted with their application for license. Also no date was set for termination of the sale. Mr. Teach suggested a January l, l989 deadline for the sale. Motion made by Commissioner Irvin, seconded by Snook to notify Bell's Mens Wear in writing that no further inventory may be added for sale and to also inform them that a termination date of January l, l989 has been set for the closing out sale. Unanimously approved. RECOMMENDATION - PEP/CETA PROGRAMS Motion made by Commissioner Snook, seconded by Irvin to accept the recommendation of the Personnel Consultant that credited service in the PEP/CETA Program will not be counted for seniority purposes in calculating County benefits. Unanimously approved. ADJOURNMENT Motion made Commissioner Downey, seconded by Irvin to adjourn at 4:l5 p.m. Unanimously approved. County Attorney , Clerk November 29, l988 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. BOARD/COMMISSION REPORTS Barry Teach, County Administrator, updated the Commissioners on the status of various landfill projects: the rubble landfill application has been submitted; they are proceeding with development of descriptions and information on the cost for scales to implement a weighing program at the current landfill with a target date of April l, l989; an offer has been made to a property owner for a potential site for a new sanitary landfill; the consultant is moving ahead with design for compliance; a planner has been assigned to work on the recycling plan; the solid waste plan submitted to the state and approved with minor clarification; and the four-county group studying regional incineration has appointed the Northeast Waste Disposal Authority to provide a feasibility study including possible use of the Independent Cement plant. Commissioner Roulette gave an update on the committees involved with the Antietam Overlay district and the Animal Husbandry Ordinance. APPROVAL OF MINUTES - NOVEMBER l4 & l5, l988 Motion made by Commissioner Irvin, seconded by Downey to approve the minutes of November l4 and l5, l988, as submitted. Unanimously approved. MT. AETNA FIRE DEPT. - REQUEST FOR USE OF PROPERTY The Commissioners agreed to allow the Mt. Aetna Fire Company to use County-owned property at the intersection of Mt. Aetna Road and Rt. 66 to sell Christmas trees but to check that they have liability insurance. EASTERN BOULEVARD - COST SHARE Barry Teach informed the Commissioners that the City of Hagerstown has awarded the contract for the next section of Eastern Boulevard to E. F. Goetz who submitted the low bid of $l.8 million. Since the County had agreed to pay 50% of the cost, this would make the County share - $665,586. The Commissioners agreed to place the additional $ll5,586 in the FY l99l budget in addition to the $550,000 budgeted for this project in the FY l990 budget. TRANSFER FUNDS - DISTRICT COURT CARPETING Motion made by Commissioner Roulette, seconded by Downey to transfer $2000 from the Commissioners Contingency Fund to cover the County's share for purchase and installation of carpeting at the District Court offices. Unanimously approved. HUD AWARD - WASHINGTON COUNTY HOUSING AUTHORITY Mr. St. George I.B. Crosse, Area Manager at the Regional Housing & Urban Development office, presented a Certificate of Recognition to the Washington County Housing Authority which declares them to be a "Recognized Performer". Mr. Crosse explained that this means the Housing Authority has met or exceeded seven measurable performance standards set by HUD and will reward them for good management by allowing them to operate more independently and decreasing paperwork requirements. He then reviewed each of the seven requirements which the Housing Authority met to receive this award. Paul Horst, Chairman of the Washington County Housing Authority, introduced Richard Willson, Director of Housing & Community Development, and Sharon Deneen, Pat Shank and Pam Deal, staff members who helped to achieve this status. FIRE ALARM TERMINATING PANEL Ron Karn, Chief of Fire & Rescue Communications, appeared before the Commissioners to discuss the fee schedule and contract for the alarm terminating panel. He stated that when the project was approved, a committee was appointed consisting of Sid Milles, Jeff Ringer, Justin Mayhew, Tom Brown, Barry Teach and Bob Moser. Mr. Karn then explained the fee structure and requested that the County Attorney review any written agreements and contracts. With the new system, fire alarms will be transferred to the Fire & Rescue Communications office instead of going to the fire station first. The fee structure consists of a $75 installation charge to the alarm company and a $75 annual monitoring fee. Mr. Karn requested that the monies received from these fees go back into the Fire & Rescue Communications budget for system expansion. Motion made by Commissioner Roulette, seconded by Snook to approve the written contract submitted regarding the fire alarm terminating panel, pending final review by the County Attorney, and the rate structure of a $75 installation fee to be paid by the alarm company and a $75 annual monitoring fee. Unanimously approved. NOVEMBER 29, l988 MINUTES, CONT'D. REQUEST FOR OPTICOM EQUIPMENT - HALFWAY FIRE DEPARTMENT Barry Teach reported that the Halfway Volunteer Fire Department is requesting installation of Opticom equipment on the signals at the intersections of Halfway Boulevard and York Road and Halfway Boulevard and Massey Boulevard. The estimated cost per signal would be a maximum of $3500. Mr. Teach also informed the Commissioners that the State has agreed to provide this equipment at intersections of Halfway Boulevard with State roads. The Commissioners agreed to provide this equipment at the above mentioned intersections and also suggested the intersection of Robinwood Drive and Mt. Aetna Road and, in the future, the intersection of Bower Avenue and Virginia Avenue. EXTENSION OF ROADWAY - LAKE FAIRPLAY ESTATES Barry Teach informed the Commissioners that the Roads Department had estimated that the cost for improvement to 350-400' ft. of roadway at Lake Fairplay Estates will be approximately $20/foot or $7500-$8000. The cost to the property owner who owns the right-of-way for this section would be approximately $l000 in addition to deeding the right-of-way to the County who would then pay for the additional improvement. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin, seconded by Roulette to convene in Executive Session at l0:50 a.m. in regard to property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session at ll:50 a.m. Unanimously approved. BOND ISSUE - ADMINISTRATIVE RESOLUTION Pursuant to the bid opening for the General Obligation Bonds that were received and opened by Bond Counsel in Baltimore and phoned in by James Young, Director of Finance, a MOTION was made by Commissioner Roulette, seconded by Downey to approve the Administrative Resolution authorizing the issuance and sale of the County's General Obligation Serial Maturity Bonds in the amount of $l0,000,000, to be known as the "Washington County, Maryland Public Facilities Bonds of l988" to Maryland National Bank who submitted the lowest net interest cost at the rate of 6.897945%. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Irvin to convene in Executive Session at ll:55 a.m. in regard to property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motin made by Commissioner Roulette, seconded by Irvin to reconvene in Regular Session at l2:20 p.m. Unanimously approved. OPTION AGREEMENT - LANDIS/DAY ROAD Motion made by Commissioner Downey, seconded by Roulette to approve an option agreement from Milcar Construction for dedication of right-of-way for improvement of Landis and Day Road, as required by the agreement made with the County Commissioners at the Regular Meeting of November l, l988. Unanimously approved. OPTION AGREEMENT - DOUB ROAD Motion made by Commissioner Roulette, seconded by Irvin to approve the acquisition of ll,952 sq. ft. in fee simple and 496' in revertible easement of Doub Road and Sterling Road needed for phase II of the road improvement project from Milcar Construction Company for the fee of $l400. Motion carried with Commissioners Bowers, Roulette, Irvin and Snook voting "AYE" and Commissioner Downey "ABSTAINING". DEDICATION OF RIGHT-OF-WAY - VAN LEAR MANOR Motion made by Commissioner Roulette, seconded by Irvin to officially accept the dedication of right-of-way of Section 8 of VanLear Manor, Lots 376-388. Motion carried with Commissioners Bowers, Roulette, Irvin and Snook voting "AYE" and Commissioner Downey "ABSTAINING". NOVEMBER 29, l988 MINUTES, CONT'D. ACCEPTANCE OF MAINTENANCE BOND - DAISY DRIVE & DAISY CIRCLE Motion made by Commissioner Roulette, seconded by Irvin to approve the Maintenance Bond for Section F - Garden Spot Subdivision for Daisy Drive and Daisy Circle, North and South, for two years before final acceptance. Unanimously approved. PERFORMANCE BOND - BAYER DRIVE Motion made by Commissioner Roulette, seconded by Irvin to accept the Performance Bond for extension of Bayer Drive, as agreed upon, located in the Holiday Farms subdivision and officially take the street into the County roads system. Unanimously approved. LUNCHEON AT CAC AND ADJOURNMENT Motion made by Commissioner Downey, seconded by Snook to adjourn the meeting at l2:25 p.m. to attend the annual luncheon at Community Action Council. Unanimously approved. County Attorney December 6, l988 Hagerstown, MD 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:l5 a.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. ELECTION OF VICE-PRESIDENT As was agreed upon at the meeting of December 2, l986, at the end of Commissioner Roulette's two-year appointment as Vice President, a MOTION was made by Commissioner Roulette, seconded by Downey to elect Commissioner Linda Irvin as Vice President of the Board of County Commissioners for the remainder of the term to December l990. Unanimously approved. Commissioner Bowers thanked Commissioner Roulette for his work as Vice President over the past years and stated that his accomplishments have not gone unnoticed. He then told Commissioner Irvin that he looks forward to working with her. PRESENTATION OF PLAQUE - BIG SISTERS Kristin Grosh, Director of Big Sisters Agency, appeared before the Commissioners to inform them that this is their l5th year anniversary and to thank them for their support over the years. Nancy Stockbridge, President of the Board of Directors for Big Sisters, presented the Commissioners with a plaque in appreciation for their support. BOARD/COMMISSION REPORTS Commissioner Roulette reported on the Planning Commission meeting and the Ad Hoc Committee on Animal Husbandry; Commissioner Irvin reported that she had presented testimony on State Housing Policy; and Commissioner Snook gave a report on the Park Board Meeting. APPROVAL OF MINUTES - NOVEMBER 22, l988 Motion made by Commissioner Irvin, seconded by Downey to approve the minutes of the meeting of November 22, l988 as submitted. Unanimously approved. BUDGET - REGIONAL PARK IMPROVEMENTS Barry Teach, County Administrator, requested that the Commissioners authorize establishing a project in the Capital Budget for improvements at the Regional Park in the initial amount of $25,000 with funds to be taken from the Capital Contingency Funds. Motion made by Commissioner Snook, seconded by Roulette to appropriate $25,000 from the Capital Contingency Fund to establish a capital project for improvements at the Washington County Regional Park. Unanimously approved. IMPACT FEE LEGISLATION The County Administrator informed the Commissioners that he had spoken with Delegate Callas regarding the proposed impact fee legislation and the Delegation is willing to introduce this with the following criteria: l) that the fees collected would have to be expended in the areas where they were collected; 2) that the funds would be used in a reasonable amount of time; 3) that a formula be established by which the fees would be levied; and 4) that districts be established. The Commissioners requested that Mr. Teach ask the Delegation to draft legislation for their review. CONSTRUCTION OF SIDEWALK - FOUNTAINDALE SCHOOL Motion made by Commissioner Snook, seconded by Roulette to appropriate the funding necessary for construction of a sidewalk from Fountaindale School to Northern Middle School and award the bid for this work to Kershner Construction who submitted the low bid of $l0,420. Unanimously approved. BOND AUTHORIZATION REPORT James Young, Director of Finance, met with the Commissioners to review the list of projects in the Capital Budget scheduled for the next three years in order to determine the amount of authorization the County should request from the delegation. After reviewing the list, which totaled approximately $50,000,000, and including projects which the Commissioners added, Mr. Young suggested that the Board request at least $25,000,000 in additional authorization. The Commissioners asked that the list be refined to include only those projects which are absolutely needed and can be justified since debt service expense and related costs may make a tax increase necessary. Commissioner Roulette also suggested that a "ceiling" be placed on funds for the Board of Education and let them prioritize their projects. After discussion, the Commissioners asked Mr. Young to contact the County's financial consultant for assistance in putting together the information on the affordability of additional debt and available options to finance debt service. DECEMBER 6, l988 MINUTES CONT'D. PUBLIC HEARING - ELECTRIC LIGHTING DISTRICT - CEDAR LAWN The President convened the meeting in Public Hearing at ll:l0 a.m. to consider a petition from the residents of the Cedar Lawn area requesting the establishment of an electric lighting district in their neighborhood. Mr. Teach explained that this district would authorize the installation of street lighting, with the property owners to be assessed annually as part of the property tax levied for their pro rata share for the district. Mrs. McAllister who was in attendance representing the neighborhood, stated that 57 of the 60 property owners in the area were in favor of establishing the district and that she was unable to contact the other 3 owners. She also stated that Potomac Edison had submitted 3 proposals for their consideration and that they are interested in 3 lights - at the intersection of Rt. l44/Cedar Crest, the intersection of Cedar Crest/Wabash and the Woodlawn/Cedar Crest intersection. Howard Garland and John Swadley also spoke in favor of the District. There being no one else present for nor against said district, a MOTION was made by Commissioner Roulette, seconded by Irvin to authorize the establishment of an electric lighting district in the Cedar Lawn area with lighting to be provided as determined by the majority of the residents involved. Unanimously approved. PUBLIC HEARING - TURNER PROPERTY The Commissioners convened in Public Hearing at ll:30 a.m. in order to receive comments regarding the intention to purchase property from Susan K. Turner, located on Basore Road, for the sum of $35,000. The property, as described in Liber 703, folio l of the Land Records of Washington County, is 7/l0 of an acre, with improvements, adjacent to the Washington County Regional Airport and is on the priority list for acquisition for airport purposes. (Noted for the record: the hearing was advertised for l0:00 a.m.). There being no one present to speak for nor against said purchase, a MOTION was made by Commissioner Snook, seconded by Roulette to approve the purchase of 7/l0 of an acre, as described in Liber 703, folio l of the Land Records of Washington County, with improvements, from Susan K. Turner for the sum of $35,000. Unanimously approved. FIRE & RESCUE ADVISORY BOARD - CHANGE IN GUIDELINE Motion made by Commissioner Downey, seconded by Roulette to approve a change in the Fire & Rescue Communications Advisory Board guidelines to include an additional EMS representative on the Board. Unanimously approved. NAME CHANGE - SOUTH COUNTY PARK Pursuant to a request from the Parks Board, a MOTION was made by Commissioner Snook, seconded by Roulette to change the name of South County Park to Chestnut Grove Park. Unanimously approved. RECOMMENDATION FOR CONTINUATION - DOWNTOWN ASSESSMENT DISTRICT Motion made by Commissioner Roulette, seconded by Irvin to accept the recommendation of the Economic Development Commission and send a letter to the City of Hagerstown endorsing the continuation of the Downtown Assessment District ordinance. Unanimously approved. "NO PARKING" SIGNS - MD RT. 615/HOLLOW ROAD Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the Roads Department, which was also endorsed by the Board of Education Transportatin Department, and place "No Parking" signs at the intersection of Rt. 615 and Hollow Road. Unanimously approved. RECESS The Meeting was recessed at ll:45 a.m. for lunch at the Department of Social Services. AFTERNOON SESSION The Afternoon Session was convened at l:40 p.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and Martin L. Snook. DECEMBER 6, l988 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin to convene in Executive Session at 1:40 p.m. in regard to property matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner Bowers was excused from the Meeting and Commissioner Irvin assumed the Chair. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at l:50 p.m. Unanimously approved. ADEQUATE PUBLIC FACILITIES ORDINANCE Richard Parks, Director of Planning & Review, James Brittain, Planning Director, and Glenn Dull, County Engineer, appeared before the Commissioners to review the Adequate Facilities Ordinance. Mr. Parks explained that the purpose of the Ordinance is to control the rate of growth by limiting the issuance of building permits and approval of subdivisions to those areas adequately served by public facilities. This plan addresses roads, schools, water and sewer service. The Commissioners agreed that some type of ordinance is needed but that they need to determine to what degree and asked that various groups involved with development be asked to provide input. At this time Commissioner Bowers returned to the Meeting. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 2:50 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin, seconded by Roulette to reconvene in Regular Session at 4:00 p.m. Unanimously approved. EMPLOY HOUSING PROCESSOR III & MULTI-FAMILY LOAN PROCESSOR Motion made by Commissioner Roulette, seconded by Irvin to employ Diane Nowell in the position of Housing Processor III and to employ Judy Noland in the position of Multi-Family Loan Processor to fill existing vacancies in the Housing & Community Development Office. Unanimously approved. ADOPTION OF POLICY - EMPLOYMENT OF FAMILY MEMBERS Motion made by Commissioner Downey, seconded by Roulette to adopt the policy regarding Employment of Family Members as presented for addition to the Washington County Policy Manual effective this date. Unanimously approved. COUNTY POLICY CHANGE - LIGHT DUTY ASSIGNMENT Motion made by Commissioner Irvin, seconded by Downey to remove "Light Duty Assignment" for any positions for which there are physical requirements to adequately perform the duties of the position, effective January l, l989, but to provide written notification of this change immediately. Unanimously approved. APPROVE SALE OF LAND - WOLFE/MOUL Motion made by Commissioner Roulette, seconded by Snook to approve the sale of land in the Washington County Business Park from Morin-Rocco, Inc. to Robert Wolfe and Douglas Moul and also to approve the design as presented. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Roulette to adjourn at 4:05 p.m. Unanimously approved. County Attorney , Clerk December l3, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:45 a.m. by the President, Ronald L. Bowers, President, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette, and Martin L. Snook. 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. ACCEPTANCE OF MAINTENANCE BOND - MANCHESTER DRIVE Motion made by Commissioner Snook, seconded by Roulette to conditionally accept the deed and maintenance bond for Manchester Drive in the Rolling Hills subdivision, Section B, in the amount of $4,475. Unanimously approved. APPROVAL OF MINUTES - NOVEMBER 29, l988 Motion made by Commissioner Irvin, seconded by Roulette to approve the minutes of November 29, l988, as submitted. Unanimously approved. AGENDA ITEMS - WESTERN MARYLAND COUNTIES MEETING Barry Teach, County Administrator, informed the Commissioners that the next Western Maryland Counties Meeting will be hosted by Carroll County on January 26 in Mt.Airy and have asked if the Commissioners have any items to be placed on the agenda for discussion. PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICTS The meeting was convened in Public Hearing at l0:00 a.m. in order to hear comments regarding the applications for Agricultural Preservation Districts and Sale of Development Rights Easement. Stephen Goodrich, Senior Planner, reviewed each of the three applications for Agricultural Preservation Districts and the two applications for Sale of Development Rights Easement and stated that each of the properties met the criteria for inclusion in the Maryland Agricultural Preservation Program: l) AD-88-2 - Anna Louise Rowland, 2) AD-88-3 - Howard & Ann Corcoran, 3) AD-88-4 - Charles and Florene Ritchie, 4) AD-88-l - Donald & Helen Main (Sale of Development Rights Easement), and 5) Ad-86-2 - H. Lehman & Jean Toms (Sale of Development Rights Easement). Mr. Goodrich stated that the Washington County Agricultural Advisory Board recommended approval at their November 30, l988 meeting for all five applications, and the Planning Commission has also recommended approval for the three applications for Agricultural Preservation Districts. Commissioner Bowers then opened the meeting for public comments in favor of the applications. Donna Ford thanked the Commissioners for their support of the program and encouraged them to approve all of the applications. Steven Bittner, representing the Maryland Forest, Park & Wildlife Service, spoke in favor of AD-88- 2 for Anna Rowland which borders State land. Donald Main and Howard Corcoran also spoke in favor of the program. There was no one present to speak in opposition and the hearing was closed at l0:30 a.m. Motion made by Commissioner Roulette, seconded by Irvin to approve Applications AD- 88-2 for Anna Louise Rowland, AD-88-3 for Howard & Ann Corcoran, and AD-88-4 for Charles & Florene Ritchie to establish Agricultural Preservation Districts as recommended by the Agricultural Preservation Advisory Board and the Planning Commission. Unanimously approved. Motion made by Commissioner Downey, seconded by Snook to approve for submission the applications for Sale of Development Rights Easements for H. Lehman & Jean Toms (AD-86-2) and Donald & Helen Main (AD-88-l) as recommended by the Agricultural Preservation Advisory Board. Unanimously approved. TOURISM BUDGET - TRANSFER Motion made by Commissioner Downey, seconded by Roulette to approve the transfer of $l7,680 from the Fund Balance to the Tourism Budget to provide for additional staffing previously approved. Unanimously approved. UPDATE - GOLF COURSE Barry Teach updated the Commissioners on the work at the golf course. He stated the the prison crews are cleaning the fence row and will do the painting, Bob Coble has recommended removing the elevated portions of the milking barn where the equipment will be stored and which will house the Superintendent's office. MASS TRANSIT HEARING The Mass Transit Administration will hold a meeting in the Court House Annex on December 20 at 7:00 p.m. in order to hear public comments regarding the proposed commuter bus service from Hagerstown to Shady Grove. DECEMBER l3, l988 MINUTES, CONT'D. REZONING CASES - RZ-397, 398, 399, 40l & 366 (REMAND) After due consideration of the matters and facts adduced at the Public Hearing held on September l9, l988, and the comments submitted in writing within the l0 day period, the Staff Reports and Recommendations of the Planning Commission, the Commissioners took the following action. RZ-397 Applicant - Gotthand Sekula, RZ-397 requests rezoning of .47 acres located on the south side of Longmeadow Road, approximately .5 miles west of Leitersburg Pike from the existing 'RS' - Residential Suburban to 'BT' - Business Transitional. In considering the recommendation and the Findings of Fact by the Planning staff and the Washington County Planning Commission and the information as follows - the establishment of a change in the population as stated in the report; the availability of water and sewer classifications W-l, S-3 - water is available, public sewer may be available within the next 5 years; emergency services are available; public transportation - the Commuter does not currently serve in that vicinity, however, it may in the future; present and future transportation patterns - the average daily traffic count shows an increase, the road is satisfactory with regard to handling the traffic; the relationship of the proposed Change to the Adopted Plan for the County - land use policy encourages and supports commercial development by ensuring that sufficient land is reserved for commercial use to provide for shopping and service needs of the population for Washington County and this rezoning conforms to that segment of the comprehensive plan. Commercial development serving residential areas should provide neighborhood shopping needs and should serve as a focal point for providing business and professional services, which this does; in the area of Compatibility with Existing and Proposed Development - there are currently business activities within the neighborhood area in conjunction with the primary residential zoning; Change in the Character of the Neighborhood - based on the facts presented and the testimony which was heard at the Public Hearing on September l9, the County Commissioners can conclude that there has been a substantial change in the character of the neighborhood; Mistake in the Existing Zoning - there was no evidence provided that there was a mistake; Proposed Rezoning to be Appropriate and Logical - Based on the facts presented and testimony provided during the Public Hearing held on September l9, l988, the Washington County Commissioners conclude that there has been convincing testimony that the proposed rezoning is appropriate and logical for the subject property, MOTION made by Commissioner Roulette, seconded by Downey to APPROVE the rezoning as presented by the Washington County Planning Commission. Unanimously approved. RZ-398 Applicant - Greenfield Associates, RZ-398 proposes that l23.9 acres located on the east side of Hopewell road between Halfway Boulevard and Maryland Rt. l44, from existing 'A' - Agricultural to 'IG' - Industrial General. Planning Commission has recommended approval. Motion made by Commissioner Roulette, seconded by Snook that in view of the Findings of Fact by the Washington County Planning Commisison and their recommendation that the proposed rezoning is appropriate and logical and be approved and in view of the fact that in the area of Population Change there has been a change in the area with regard to growth; Availability of Public Service - the site has a priority designation of W-7, S-7 and these designations indicate that there is no planned service either for water or sewer in the next l0 years, however, there is a l6-inch water line located in the Washington County Business Park on the east side of I-8l which is contiguous to the property, there is a 24- inch water line located on Route l44 north of this site and the Doubleday site which is immediately adjacent to the north is served by public sewage system and is connected to a pumping sation, that water and sewer are readily available to this site; Emergency Services are provided by Halfway Volunteer Fire Company; Present and Future Transportation Patterns - though there is little information in the way of traffic counts on Hopewell Road, the counts that were available for l975 and l976 show a substantial increase in the volume of that traffic; secondly, Washington County has programmed improvements to Hopewell Road in the current capital improvements budget and has secured right-of-way from Doubleday and have also secured property on the corner of Rt. l44 and Hopewell for the improvement of that intersection; also, developing Finding of Fact in the Relationship of the Proposed Change to the Adopted Plan for the County - industrial development should reflect the need to attract firms which diversify the industrial mix, which are compatible with high standards of environmental quality and which will provide increased opportunities for economic mobility to the labor force, prime sites for industrial development should be identified within the Urban Growth Area and in DECEMBER l3, l988 MINUTES, CONT'D. close proximity to the Town Growth Area; and to point out that this particular site is adjacent to the Washington County Business Park; selection of prime industrial sites should be based on the following criteria: site requirements, direct access to the interstate - which this system has, absence of fragile or sensitive environmental features - which have not been determined, utilities service which has been determined as being available. Compatibility with Existing and Proposed Development in the Area - immediately to the north is the Doubleday site which contains an office building on almost l00 acres of land; and there is a contract of sale for that 7l acres and the relocation of a printing company to that site; immediately to the east is the Washington County Business Park, to the south, is the Halfway Boulevard and Hopewell Road which is currently zoned 'HI', which has commercial and industrial uses there - so it is compatible with the existing proposed development in the area. Change in the Character of the Neighborhood - based on findings of fact presented by the staff and testimony provided during the public hearing of September l9, l988, the Washington County Commissioners has concluded that there has been a substantial change in the character of the neighborhood. Based on the evidence presented, the Washington County Commissioners find there was no mistake made in the existing zoning classification. Based on the facts presented by the staff, the Planning Commisison and the testimony provided at the public hearing of September l9, l988, the Washington County Commissioners conclude that there has been a convincing demonstration that the proposed rezoning RZ-389, is appropriate and logical for the subject property, and should be APPROVED as recommended. Motion made by Commissioner Downey, seconded and accepted by Roulette to approve an amendment to the Main Motion to add the condition that the Planning Commission require extensive screening and distance area requirements in the northern portion of the tract near residential areas. Unanimously approved. The Question was called on the Main Motion as amended. Unanimously approved. James Brittain, Executive Director of the Planning Commission, noted for the record that the County is in the process of acquiring right-of-way from the Doubleday facility and has acquired right-of-way from the Jamison property. RZ-399 The applicant for RZ-399 is Tony C. Upchurch who is requesting the rezoning of l3.5 acres located east of and adjacent to MD Rt. 632 and north of and adjacent to I-70 from the existing 'RM' - Residential, Multi-family to 'BL' - Business Local. The Planning Commission has recommended Denial. Motion made by Commissioner Roulette, seconded by Irvin that based on the findings of fact, including staff and Planning Commission reports and the evidence presented at the Public Hearing of September l9, l988, that RZ-399 be DENIED. Unanimously approved. RZ-400 James Brittain, Executive Director of the Planning Commission, announced that Rezoning Case RZ-400 has been withdrawn in its entirety. RZ-40l The applicant for RZ-40l is Adna Fulton who is requesting the rezoning of .62 acres located along the west side of MD 632 at the West Oak Ridge Drive intersection from the existing 'IG' - Industrial General to 'HI' - Highway Interchange. The Planning Commission recommends approval. Motion made by Commissioner Roulette, seconded by Snook that in view of the recommendation of the Planning Staff and the Washington County Planning Commission to approve this rezoning, the following statements of fact substantiate a mistake in the original zoning: the subject site is currently not in use for industrial purposes due to its small size, the subject rezoning could not be used for industrial development purposes as it is currently zoned because of set-back requirements; the relocation of Downsville Pike in West Oak Ridge not only changed the character of the neighborhood but of the subject rezoning, the reconstruction effectively isolated the .62 acres from all business roadways and made it unusable for industrial purposes; expansion of the adjacent industrial zoned property on the subject site is completely restricted due to the lcoation of the Norfolk & Western Railroad track, the subject site is completed within the adopted Urban Growth Area; in addition, the property has both public water and sewer; reclassification from Industrial General to 'HI' would be compatible with the neighborhood , the business and residential uses allowed for in an 'HI' zone would mix with the small shopping DECEMBER l3, l988 MINUTES, CONT'D. center, the Washington County National Bank, Towne Oak Village and the Oak Ridge Apartment complex, the reclassification of the 3 properties within the immediate neighborhood of the subject rezoning signifies a change in the character of the neighborhood, all 3 rezonings were recommended for reclassification by the Planning Commission; considerable change in the character of the neighborhood due to the cumulative effect of the following changes: the relocation of Downsville Pike, the reclassification of 3 properties to commercial and residential districts and the development of the townhouse subdivision and various commercial establishments near the subject site; the subject site of RZ-40l is unable to accommodate an industrial use adequately due to its small size, the requested 'HI' is compatible with the subjects surrounding neighborhood and the County's Comprehensive Plan, the County Commissioners can conclude that there has been a substantial change in the character of the neighborhood and a mistake in the original zoning. Unanimously approved. RZ-366 (REMAND) Rezoning Case RZ-366 was remanded from Circuit Court - the applicant is Phillip J. Dolson representing the Commonwealth National Bank, requesting rezoning of l50+/- acres of land 450' north of Donneybrook Drive from the existing 'A' - Agricultural to 'RR' - Rural Residential. The Planning Commission has recommended approval of the rezoning. Motion made by Commissioner Roulette, seconded by Downey that in view of the following findings of fact that Rezoning Case RZ-366 (REMAND) be APPROVED: Population Change - a combination of Election Districts 9 and 27 show that there has been, over the last 40 years an increase in the population in the designated neighborhood; Availability of Public Facilities - the Washington County Water and Sewer Plan assigns priority designations to water and sewer service; the front one-quarter of the Wolfinger property has a W-l designation indicating water service is existing and the rear three-quarters of the parcel is W-3, meaning service could reasonably be expected within a five-year period; major improvements to the water transmission system have been approved and are currently under construction as part of the 2l0 - lot Foxleigh Meadows subdivision located to the south of the subject site. These additional improvements would extend public sewer to the site approximately from the intersection of Marsh Pike and Longmeadow Road to and within the site. Major site improvements will be necessary in order for the subject site to be served by public water; Emergency Service - Long Meadow Volunteer Fire Department provides emergency services; Schools - Evaluation of projections by the Board of Education, there is available capacity in the affected schools in the designated neighborhood; Present & Future Transportation Patterns - the County Engineer has stated previously that he has no objection to the proposed rezoning. The property has about 950' of frontage on Marsh Pike, a Minor Collector Highway, traffic counts for an extended period that would indicate trends in road use are not available for Marsh Pike, however, the sampling of densities in approved subdivisions can provide a realistic idea of the number of lots that might be expected upon development of the subject property. The subject property could generate anywhere from 400 to ll00 vehicles per day. The recently adopted Capital Improvements Program for FY l989-l994 do have projects listed which may have a bearing on the subject rezoning case. One improvement involves the addition of right-turn lanes to Longmeadow Road at the Marsh Pike/MD Rt. 60 intersection. Funding for this project is not scheduled until FY l99l. The intersection has recently been resurfaced. Compatibility with Existing & Proposed Development in the Area - the Wolfinger parcel sets on the Agricultual site of the dividing line by the farmland and high density residential zoning districts. Development in the immediate vicinity is almost exclusively agricultural or single-family homes, which is in line with the existing zoning categories. To the north on Marsh Pike, Avalon Manor Nursing Home is the only use that breaks the pattern. To the west and south, the zoning permits high densities and uses are almost exclusively residential until one nears the intersection of Longmeadow Road. Aside from occasional agricultural sounds and smells, the properties current use is not inconsistent nor in conflict with other uses in the vicinity. A change in the zoning to 'RR' would also be compatible with most uses in the area as well. From a historical perspective, there are several sites which bear reference in this rezoning request. The existing farmhouse on the subject site, as well as several other farmhouses in the area, are listed in the Washington County Historical Sites Survey. This listing makes no judgement as to the significance of identified properties. A change in zoning is not necessarily incompatible with historic dwellings. Several sites identified in the County's survey remain in the existing Spring Valley Subdivision. DECEMBER l3, l988 MINUTES, CONT'D. Relationship of the Proposed Change to the Adopted Plan for the County - in broad terms the rezoning would not be inconsistent with the Comprehensive Plan. The Plan indicates areas to be targeted for growth inside the Urban Growth Area as this parcel is. It encourages high densities to make the most of investments in infrastructure. However, the Plan in more specific terms, has the following comments which are applicable: the patterns or limits to the Growth Area should include areas experiencing suburban development and for which urban services are planned to be extended over the next 20 years which this property falls into this category; broader mix of housing opportunities should be encouraged which this rezoning would enhance; Growth areas are planned to include enough land for meeting development needs over the next 20 years and including this in the rezoning would help substantiate that order; in order to ensure that maximum use is made of public and private investments in facilities, development should be encouraged first in areas where services exist, and then in conjunction with planned extensions. Public water is available and public sewer within a reasonable distance. Change in the Character of the Neighborhood - Based on the facts presented by the staff and testimony provided at the Public Hearing of September l9, l988, the Washington County Commissioners have concluded that there has been a substantial change in the neighborhood. Absent the presentation of evidence maintaining a mistake, Washington County Commissioners find that there was no mistake in the existing zoning classification. Proposed Rezoning to be Appropriate & Logical - Based on the facts presented by the staff and testimony provided during the Public Hearing of September l9, l988, the Washington County Commissioners can conclude that there has been a convincing demonstration that the proposed rezoning is appropriate and logical for the subject property. Motion made by Commissioner Irvin, seconded and accepted by Roulette to amend the Main Motion by requiring that the demolition permits needed for RZ-366(REMAND) be brought to the Planning Commission for approval for structures identified on the Historical Sites Survey. Unanimously approved. The Question was called on the Main Motion as amended. Unanimously approved. DIRECTOR - BALTIMORE OFFICE OF THE DEPARTMENT OF COMMERCE LoRee Silloway, Director of the Baltimore office of the Department of Commerce, which represents Maryland and Washington, D.C., met with the Commissioners. She stated that the Department of Commerce is trying to attack the trade deficit at the grassroots level and that they would like to have more small and medium-size businesses exporting products. Commissioner Bowers stated that he appreciated Ms. Silloway taking the time to meet with them and he felt it would good for her to meet with the County Economic Development Commission. JOINT PUBLIC HEARING - ZONING VARIANCE - RZ-4l3 The meeting was convened in Joint Public Hearing at ll:45 a.m. with the Planning Commission to hear testimony regarding zoning variance RZ-4l3. Presiding at the hearing were Jack Byers, Chairman of the Planning Commission, and Ronald L. Bowers, President of the County Commissioners. Along with the County Commissioners, Planning Commission members present were: Bert Iseminger, Judy Acord and Ray Johns. Paul Prodonovich, Zoning Administrator, explained that due to an opinion by Judge Fred Wright which nullifies the manner in which the Board of Appeals has been rendering opinions for variances. The proposed amendment is geared to alleviate the problem encountered when the Zoning Ordinance was amended but the previous definition for "variance" was kept. The amendment would give a new definition for "variance". Under Article 25, General Powers of the Board, this section was used in order to clearly define for the Board and the applicant what will be expected of them by either proving practical difficulty or undue hardship. Francis King, Howard Corcoran, Larry Miller and Donna Ford spoke in opposition to proposed wording in the amendment. There being no one else present to comment, Mr. Byers stated that the record would remain open for a ten (l0) day period in order to receive written testimony. The hearing was adjourned at l2:05 p.m. HALFWAY PARK CONCEPT PLAN Edith Sweigert, Parks Administrator and Bill Stachoviak, Parks Planner, along with Glenn Dull, County Engineer, and Ted Wolford, Roads Superintendent, appeared before the Commissioners to discuss the proposed concept plan for an entrance and road into Halfway Park from Bower Avenue. The Commissioners discussed the design and asked Mr. Stachoviak to amend the concept and also requested that the County Administrator meet with Program Open Space officials to discuss the concept and regulations regarding a second access. DECEMBER l3, l988 MINUTES, CONT'D. LUNCH & TOUR - WASHINGTON COUNTY HEALTH DEPARTMENT The meeting was recessed at l2:30 p.m. in order to attend a luncheon and tour at the Washington County Health Department. AFTERNOON SESSION The Afternoon Session was convened at 3:25 p.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin, and Commissiners R. Lee Downey, Richard E. Roulette and Martin L. Snook. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 3:25 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 4:45 p.m. Unanimously approved. TRASH PICKUP REGULATIONS Commissioner Bowers brought a complaint he received regarding trash pick-up to the attention of the other Commissioners. He stated that trash is being placed outside for pickup days in advance of the scheduled pickup time and he feels some regulations should be enacted to prevent trash being set outside until the day it is to be picked up. ROADS DEPARTMENT EMPLOYMENT Motion made by Commissioner Irvin, seconded by Roulette to promote Guy Knepper to Supervisor, Central Section and employ Zane Rowe as Motor Equipment Operator III to fill existing vacancies. Unanimously approved. EMPLOY PART-TIME FIRE & RESCUE TECHNICIAN Motion made by Commissioner Downey, seconded by Irvin to employ Ronald Hays as Part-time Fire & Rescue Communications Technician to fill an existing vacancy. Unanimously approved. TRANSFER INSURANCE FUNDS Motion made by Commissioner Downey, seconded by Irvin to transfer $l50,000 from the Workers Compensation Account to the Health Insurance Account to cover escalating medical insurance costs. Unanimously approved. ADOPT RESOLUTION - ICMA RETIREMENT CORPORATION Motion made by Commissioner Snook, seconded by Downey to adopt a Resolution for ICMA Retirement Corporation to authorize John Longmier, a previous County Administrator, to have his portion of money he contributed into this account. Unanimously approved. APPOINTMENT - LOCAL EMERGENCY PLANNING COMMITTEE Motion made by Commissioner Downey, seconded by Irvin to appoint J. Michael Boyd to the Local Emergency Planning Committee for SARA Title III Emergency Planning Requirements. Unanimously approved. ECONOMIC DEVELOPMENT COMMISSION - APPROVAL FOR ADDITIONAL EQUIPMENT The Commissioners agreed to approve the purchase of a desk and four desk chairs, ten side chairs and a computer table for the Economic Development Commission. EQUIPMENT COSTS - COUNTY ATTORNEY Motion made by Commissioner Downey, seconded by Snook to approve equipment costs for the County Attorney - $4429 for furniture and equipment, $l42 for a maintenance agreement and $225 for office supplies to be taken from the Commissioners Contingency Fund. Unanimously approved. BOARD OF EDUCATION - AGENDA ITEMS Barry Teach informed the Commissioners that a meeting has been scheduled with the Board of Education for January l0 and asked if they had agenda items for the meeting. The Commissioners asked that the meeting be held at Bester Elementary so they can see the renovtions and also to discuss use of buildings. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 5:05 p.m. Unanimously approved. , County Attorney , Clerk December 20, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Transportation Commission meeting and the Airport Commission meeting; Commissioner Roulette reported on the Tourism Advisory Commission meeting; Commissioner Downey gave a report on the Tri-County Council meeting; Commissioner Snook reported that the base coat has been placed on Doubs Woods Park Road; and Commissioner Bowers reported that he had received many complaints regarding the water and sewer billings in the Halfway area and that Lynn Palmer, Director of the Sanitary District, will be holding informational meetings in January to explain the new formula used in the billing. CONDITIONAL ROAD ACCEPTANCES Motion made by Commissioner Downey, seconded by Roulette to conditionally accept ll00'+/- of Betty's Avenue located in Roxbury Hill Section l with a maintenance bond of $5500, an additional 560'+/- in Cool Hollow Terrace and 780'+/- of Cool Hollow Way in Cool Hollow Estates with a maintenance bond of $6,700 for a one-year period into the County roads system. Unanimously approved. APPROVAL OF MINUTES - DECEMBER 6, l988 Motion made by Commissioner Downey, seconded by Irvin to approve the minutes of December 6, l988 as submitted. Unanimously approved. REZONING CASES RZ-403 - 4l2 After due consideration of the matters and facts adduced in the joint public hearing held with the Planning Commission held on November l4, l988, the following decisions regarding rezoning cases were rendered. TEXT AMENDMENT RZ-4l2 The Planning Commission voted to approve this text amendment with conditions regarding mobile home subdivisions and parks in an Agriculture district. Motion made by Commissioner Roulette, seconded by Snook to APPROVE Text Amendment RZ-4l2 to the Washington County Zoning Ordinance as advertised and as recommended by the Planning Commission with the exception that any mobile home subdivision and/or park that has an approved concept plan and has commenced construction on a phase be grandfathered from the amendment. Motion carried with Commissioners Bowers, Irvin, Roulette and Snook voting "AYE" and Commissioner Downey "ABSTAINING". RZ-409, 4l0, 4ll and SUBDIVISION ORDINANCE S-5 The Planning Commission has recommended denial of RZ-409 which would rezone the property of and surrounding the Antietam Battlefield from Agriculuture to Conservation but has voted to recommend the adoption of rezoning cases RZ-4l0 and 4ll and Subdivision Ordinance S-5 that the County actively pursue fee simple and scenic easement acquisitions and promote the Agricultural Preservation Program in the Antietam Battlefield area. In addition, the Planning Commission, as part of its recommendation, feels that the amendments should not become effective until the State and County come to a formal agreement on the development and purpose of the Forestry Management Plan and are requesting review of the formal agreement prior to implementation of RZ-4l0-4ll and S-5. These amendments will create an Antietam Overlay Zone text and establish the "AO" District on the zoning maps. The Subdivision Ordinance amendment provides similar review authority to the Planning Commission. Motion made by Commissioner Roulette, seconded by Irvin to TABLE any action on rezoning cases RZ-409, 4l0 and 4ll and Subdivision Ordinance S-5 until such time as the Maryland Department of Natural Resources, Forest, Park & Wildlife Service, has reached formal approval with the County regarding the Forestry Management Plan and its administration. Unanimously approved. Commissioner Irvin noted that Delegate Poole would like to interface with the Commissioners as they meet regarding the Forestry Management Plan. DECEMBER 20, l988 MINUTES, CONT'D. RZ-403 The applicants for this case are Timothy Battaglia and Christopher Carlyle to rezone 26 acres of property fronting on and east of Bower Avenue south of Ontario Drive from the existing 'A' - Agriculture to 'RU' - Residential Urban. The Planning Commission recommends approval with access roads to come before the County Engineer and Transportation Advisory Committee for review. Motion made by Commissioner Roulette, seconded by Snook that after reviewing the testimony from the public hearing held on November l4, the additional testimony submitted in writing after that hearing and consideration of the findings of fact established by the Washington County Planning Commission with regard to population change, availability of public facilities, present and future transportation patterns, relationship of proposed change to the Adopted Plan of the County, its compatibility with the Urban Growth Area and the demonstration by the findings of fact that a mistake was made in the original zoning to adopt these findings of fact as the County Commissioners' findings of fact. Unanimously approved. Motion made by Commissioner Roulette, seconded by Irvin, after reviewing and adopting the findings of fact in the prescribed categories, to APPROVE Rezoning Case RZ-403 as recommended by the Planning Commission. Motion made by Commissioner Snook, seconded by Downey to amend the Main Motion by adding a condition to the rezoning that the road entrance be constructed as shown on the site plan to Bower Avenue. Unanimously approved. The Question was called on the Main Motion as amended. Unanimously approved. RZ-404 The Applicant for RZ-404 is Robin Folmer to rezone 73.375 acres located northwest of Robinwood Drive, approximately .5 miles north of its intersection with Mt. Aetna Road from 'RS' - Residential Suburban to 'RM' - Residential Multifamily. Motion made by Commissioner Downey, seconded by Roulette to formally adopt the Planning Commission's recommendations and staff recommendations as follows: l) Analysis of population changes in the area, the availability of public facilities, present and future transportation patterns, compatibility with the existing and proposed development in the area and the relationship of the proposed change to the adopted plan for the County indicated that there has been no substantial change in the character of the neighborhood; 2) the applicant has failed to meet his burden of proof by not defining the neighborhood, describing its pre or post change character or indicating what factors caused such a change; 3) the applicant did notpropose nor was any evidence found to support a contention that a mistake in the original zoning was made; 4) there was no convincing demonstration that the RM zone is more appropriate and logical than the current Residential Suburban designation as the findings of fact of the Board of County Commissioners. Unanimously approved. Motion made by Commissioner Downey, seconded by Irvin to DENY rezoning case RZ-404 as recommended by the Planning Commission. Unanimously approved. RZ-405 Applicant - Edward Baker to rezone 6.5 acres located in the southeast quadrant of the intersection of MacFee Hill Road and Military Road from the existing 'C' - Conservation to 'BG' - Business General. The Planning Commission has recommended that the request be denied. After review of the testimony presented at the public hearing held on November l4, l988, a MOTION was made by Commissioner Roulette, seconded by Irvin to adopt the findings of fact as recommended by the Planning Commission as the findings of fact of the Board of County Commissioners. Unanimously approved. Motion made by Commissioner Roulette, seconded by Irvin to DENY rezoning application RZ-405 based on the findings of fact and the recommendation of the Planning Commission. Unanimously approved. RZ-406 The applicant for rezoning case RZ-406 is Lester Barnes to rezone 4.03 acres located between Antietam Drive and Eastern Boulevard from the existing 'RS' - Residential Suburban to 'BG' - Business General. The Planning Commission has recommended denial. DECEMBER 20, l988 MINUTES, CONT'D. Motion made by Commissioner Roulette, seconded by Snook to TABLE rezoning case RZ- 406 until the County Commissioners are able to make a site visit. Unanimously approved. RZ-408 The applicants for RZ-408 are J. Douglas and Patricia Ford to rezone 24,829 square feet, located on the north side of MD Rt. 64 and Lorraine Drive from the existing 'RS' - Residential Suburban to 'BT' - Business Transitional. The Planning Commission has recommended approval. Motion made by Commissioner Roulette, seconded by Irvin, after reviewing the Staff report and the findings of fact adopted by the Planning Commission with regard to population change in the area, availability of public facilities, the fact that the proposed change is compatible to the Adopted Plan for the County, the proposed change is compatible with existing development in the area and the demonstration that the change is both logical and consistent with the County's intent and the substantiation that there was a mistake in the original zoning, to Adopt the Washington County Planning Commission's findings of fact as the findings of fact of the County Commissioners. Unanimously approved. Motion made by Commissioner Roulette, seconded by Snook to APPROVE rezoning case RZ-408 having adopted the findings of fact of the Planning Commission as the findings of fact of the County Commissioners and having reviewed the testimony offered at the November l4, l988 public hearing based on a mistake in the original zoning. Unanimously approved. YOUTH OF THE MONTH AWARDS Natalie Stouffer from Clear Spring Middle School was awarded the Youth of the Month Award for September l988, Carrie Willson from North Hagerstown High School for October l988 and Mark Bragunier from Clear Spring Middle School for November l988 as recommended by the Children's Council for their work in school, community and church. JOINT PUBLIC HEARING - WATER & SEWER PLAN AMENDMENT The Meeting was convened in Public Hearing at l0:25 a.m. with the Planning Commission to hear proposed amendments to the Water & Sewer Plan. Presiding at the Hearing was Jack Byers, Chairman of the Planning Commission. Planning Commission members present were Donald Zombro, Bert Iseminger and Ray Johns. Stephen Goodrich, Senior Planner, reviewed the three applications for amendment to the Water & Sewer Plan: l) WS-88-l is a request from the Washington County Sanitary Commission to establish three new sewage treatment plants in Washington County and their related service areas - the Conococheague Water Treatment Plant to be located in the 70/8l Industrial Park at the intersection of MD Route 63 and Elliott Parkway, the request to establish a sewage treatment plant facilities for the 40/70 corridor in response to a development proposal for the I-70 auto mall located in the southeast corner of I-70 and Route 40 and the request for the creation of a water and sewage service area in the Pen Mar area located in the northeast corner of Washington County. 2) WS-88-2 - the Jefferson Cheese Company would like to establish a washwater treatment plant on its property north of the Town of Hancock which will be used to treat washwater or that which is used to wash down the process area of the plant. 3) WS-88-3 - an amendment to change service priority designations of W-7 and S-7 to W-3 and S-3 on a 90-acre property proposed for development as Maugans Meadows made by the developer, Rick Willis, adjacent to an area that has existing water and sewer service. Mr. Byers opened the meeting for comments on WS-88-l. Lynn Palmer, Executive Director of the Sanitary District, stated that the Sanitary Commission fully supports the amendments. Donald Campbell presented a petition opposing the creating of a water and sewer district in the Pen Mar area. Bruce DiStefano, representing Jefferson Cheese Company, commented in favor of WS- 88-2. There were no comments for nor against WS-88-3 and the hearing was concluded at l0:45 a.m. UPDATE ON CONOCOCHEAGUE WASTEWATER TREATMENT PLANT Lynn Palmer, Executive Director, and Louise Fahrney, Chairperson of the Washington County Sanitary Commission, appeared before the Commissioners to give them an update on the Conococheague Wastewater Treatment Plant. Jack Burrey, architect for the administation building, stated that he is on schdedule and presented plans of the building. DECEMBER 20, l988 MINUTES, CONT'D. Mack Davis of Davis, Renn & Shrader, gave a brief overview of the collection system and stated that the preliminary design and cost estimates will be completed in January. Paul Deats, Mike Shober and Dave Cunningham of Buchart-Horn gave a brief history of the project and reported on the domestic and industrial portions of the project. Lynn Palmer also reported on estimated costs for the project: Wastewater Treatment Plant - $l6,659,400; Industrial Treatment Plant - $5,l04,000; Collection System and Interceptors - $4,663,900; and Administration Building - $454,500 for a total of $26,88l,800. Mr. Palmer stated that they will be seeking grants for the projects and may possibly use Sanitary Commission bonds. Motion made by Commissioner Snook, seconded by Roulette to formally instruct the Sanitary Commission to proceed with Buchart-Horn on the design of the industrial plant portion of the Conococheague Wastewater Treatment Plant. Unanimously approved. MANOR CHURCH ROAD Carol Gerson and Julie Flaherty appeared before the Commissioners and presented a petition protesting the widening of Manor Church Road and requesting that the Commissioners take the following steps with future widenings: l) building no roadway exceeding l6' wide and 2) see that roadway preserves the rural character of Manor Church Road including historical and architectural qualities as well as scenic characteristics such as trees and hedgerows. Commissioner Roulette explained that he feels that widening to l6' is workable but some trees may still have to be cut. AIRPORT TERMINAL FINALIZATION Ron Meyers, Chairman of the Airport Commission, and Leigh Sprowls, Airport Manager, met with the Commissioners to discuss finalizing terminals plans. The Commissioners gave their approval to proceed with putting bid packages together and advertising for bids. MEDIA POLICY Due to problems which arose at a recent hearing involving a County-appointed board, Commissioner Roulette stated that he felt that the County should have a policy dealing with this subject. The County Attorney stated that public hearings are open to the press and may record the proceeding as they see fit as long as it does not seriously impair the hearing process but deliberations or determinations of the case may be private. Motion made by Commissioner Roulette, seconded by Snook to enact as part of the County policy that all public hearings held by County boards, commissions or agencies shall be open to the media; photography or recording by other mechanical means by the media is permitted providing such coverage does not seriously impair the public hearing process. Unanimously approved. DATA PROCESSING COMMITTEE REPORT Jim Young, Ron Whitt, and Paul Durrett (representing Unisys) members of the Data Processing Committee appeared before the Commissioners to present the report prepared by the Data Processing Committee. The report recommended hiring additional staff for FY l988-89 and indicates that there is a need for computer training. The Commissioners agreed to accelerate the first year program and providing training programs and hiring of additional staff. WATER/SEWER PLAN AMENDMENTS Motion made by Commissioner Snook, seconded by Downey to accept the recommendation of the Planning Commission and APPROVE amendments to the Washington County Water & Sewer Plan known as WS-88-l, WS-88-2 and WS-88-3. Unanimously approved. PLUMBING CODE AMENDMENTS Motion made by Commissioner Irvin, seconded by Snook to adopt the amendments to the Plumbing Code as presented at the Public Hearing held on November l5, l988, with the exception of testing homeowners prior to their obtaining a permit to perform their own plumbing. Unanimously approved. MAINTENANCE BUILDING - DOUBS WOODS PARKS The Parks Department has requested permission to proceed with construction of a new maintenance building since they have enough money in their budget to perform the work. The Commissioners agreed to have the Parks Department proceed with the Maintenance Building at Doubs Woods Park. DECEMBER 20, l988 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin, seconded by Roulette to convene in Executive Session at 2:20 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. At this time President Bowers was excused from the Meeting and Vice-President Irvin assumed the Chair. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 3:35 p.m. Unanimously approved. EMPLOY ADMINISTRATIVE SECRETARY - COUNTY ATTORNEY Motion made by Commissioner Roulette, seconded by Downey to employ Vicki Grimm as Administrative Secretary for the County Attorney at the level of Grade 5, Step D, effective January 3, l988. Unanimously approved EMPLOY DESIGNER/DRAFTER - ENGINEERING kMotion made by Commissioner Downey, seconded by Snook to employ Kimberly Rogers as Designer/Drafter in the Engineering Department at the level of Grade 6, Step D to fill an existing vacancy. Unanimously approved. EMPLOY MAINTENANCE ASSISTANT/BUS OPERATOR - COUNTY COMMUTER Motion made by Commissioner Roulette, seconded by Snook to employ David Maurice as a Fulltime Maintenance Assistant/Bus Operator at the County Commuter to fill an existing vacancy. Unanimously approved. EMPLOY PART-TIME BUS OPERATORS Motion made by Commissioner Downey, seconded by Roulette to employ Rodney Price, David Brissee and Debra Wright as Part-Time Bus Operators at the County Commuter to fill existing vacancies. Unanimously approved. TRANSFER AIRPORT LEASE - NEWMAN HANGAR Motion made by Commissioner Snook, seconded by Roulette to approve the Airport Commission's recommendation to transfer assignment of the lease for hangar rental from Newman to Tri-State Electric. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 3:40 p.m. Unanimously approved. County Attorney , Clerk , Clerk