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June 8, 1993
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, Richard E. Roulette, with the
following members present: Vice President Ronald L. Bowers, and
Commissioners
Linda C. Irvin-Craig, John S. Shank, and Gregory I. 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.
APPRECIATION AWARD - HAGERSTOWN GARDEN CLUB
Commissioner Roulette presented a Certificate of Merit to Linda Richards of
the Hagerstown Garden Club in appreciation for using their time and talent
to landscape around the new terminal sign at the Washington County Regional
Airport. Ms. Richards thanked the Commissioners for the award and displayed
a illustration of the landscaping.
ENTERPRISE ZONE UPDATES
Leroy Burtner, Director of the Economic Development Commission, along with
Economic Development Specialists Beverly Brice and Sharon Disque, appeared
before the Commissioners to present an update on the Enterprise Zones. Ms.
Brice gave a brief summary and map of each of the Zones. She noted that
October 15 is the deadline for an application to the Department of Economic
and Employment Development for approval of a new Enterprise Zone in 1993.
Ms. Disque recommended using enterprise zone credits in a major area and
using the new legislation to grant tax credits in smaller land areas. The
Commissioners discussed the recommendations and thanked the EDC staff for
the update.
DEMOLITION OF OLD TERMINAL BUILDING
Rodney Shoop, Airport Manager, provided information on costs to renovate the
old terminal. He stated that it would cost approximately $300,000 to
renovate the building and demolition costs will be $39,410. He also stated
that Waynesboro Design Partnership has estimated that cost for a new
building will be $125,000.* The Commissioners reviewed the plans for the
new building and asked Mr. Shoop to convey to Waynesboro Design Partnership,
who is acting on behalf of the FBO, their suggestion that the new building
be brick at least half way on the "land side" and to check into the
additional costs involved. Mr. Shoop also explained that the plans will be
reviewed by the Airport Commission before they proceed. Commissioner
Roulette stated that the consensus of the group is to proceed with the new
building with some design improvement.
MT. AETNA ROAD/ROUTE 66 PROPERTY
Dean Lowry, Administrative Engineer, appeared before the Commissioners to
inform them that an agreement has been reached for a land swap involving the
rear portion of an existing lot at the Mt. Aetna Road/Route 66 intersection.
Mr. Lowry stated that this will be traded for the right-of-way needed for
road improvements to Mt. Aetna Road. Mr. Lowry stated that 1.69 acres
remain after the trade and asked the Commissioners if they would consider
selling this lot after it is surveyed to determine the location of the 100
year floodplain. The Commissioners agreed to sell this parcel and advised
Mr. Lowry to advertise for sealed bids, with the County retaining the right
to reject bids if necessary.
Motion made by Commissioner Snook, seconded by Bowers, to advertise the
intent to sell a 1.69 acre lot located along Mt. Aetna Road by sealed bids,
with Washington County retaining the right to reject bids. Unanimously
approved.
LEGISLATIVE CHANGES - DAY CAMPS
Ronald Kidd, Director of Recreation & Parks, and Jamie Shyda, Recreation
Supervisor, reviewed House Bill 214 and the draft regulations for day camps.
Ms. Shyda stated that each County has the option to self-regulate its day
camps or to be certified by the State. The Commissioners agreed to proceed
with self-regulation but asked that Ms. Shyda have the draft guidelines
reviewed by the Recreation & Parks Board members and recommended that the
regulations be made as flexible as possible.
BOARD OF EDUCATION - CAPITAL PROGRAMS
Dr. Wayne Gersen, Superintendent of Schools, and B. Marie Byers, President
of the Board of Education, presented the proposed Capital Improvement
Programs budget for 1994 and also the revisions made beyond the 1994-95
fiscal year budgeting at $2.5 million each year from the County government.
Dr. Gersen highlighted the differences between the first and second draft of
the CIP budget. The Commissioners also directed the Board of Education to
leave the South Hagerstown High School renovation in the budget contingent
upon obtaining State funding.
Motion made by Commissioner Snook, seconded by Shank, to approve the Fiscal
Year 1994 Capital Improvements Budget for the Board of Education as
submitted. Unanimously approved.
JUNE 8, 1993
MINUTES, CONT'D.
BID OPENING - PUBLIC OFFICIALS LIABILITY & INLAND MARINE COVERAGE
Bids for Inland Marine coverage were publicly opened and read aloud. Firms
participating in the bidding and their proposals were as follows: Willis-
Corroon - Premium $22,543; and BGS&G - Premium $16,282.
The bids for Public Officials Liability were publicly opened and read aloud.
Firms participating in the bidding and their proposals were as follows:
Stine, Davis & Peck - Premium $31,908.08; Willis-Corroon - Premium $73,335;
BGS&G - Premium $29,346; and Wright-Gardner Insurance - Premium $24,539.
The bids will be reviewed by appropriate officials prior to a decision being
rendered.
BID OPENING - PURCHASE OF TRANSIT COACHES
One bid for purchase of 13, 30-foot transit coach buses was publicly opened
and read aloud. The firm participating in the bidding and its proposal was
Bus Industries of American with a total bid of $2,468,400. The bid will be
reviewed by appropriate officials prior to a decision being rendered.
MARYLAND EDUCATION COALITION
Joan Roache, Arthur Boyd, and Roderick Clark, representing the Maryland
Education Coalition (MEC), met with the Commissioners. Ms. Roache stated
that MEC is a statewide coalition of organizations and individuals
advocating for adequate and equitable funding for schools in Maryland. She
also stated that the problem is the reliance on local revenue and the
disparities in funding in the current State formula. Ms. Roach explained
the New Apex funding which they are endorsing. Commissioner Roulette
thanked the group for coming and indicated that the Commissioners would
discuss the information received.
CITIZEN PARTICIPATION
There was no one present who wished to participate.
REZONING CASE RZ-93-5 - WITHDRAWAL
Commissioner Roulette announced that Rezoning Case RZ-93-5 scheduled for
public hearing at this time has been withdrawn.
REVISIONS - ANIMAL HUSBANDRY ORDINANCE
Robert Arch, Director of Planning, and Timothy Lung, Associate Planner,
appeared before the Commissioners to review the proposed changes in the
Animal Husbandry Ordinance. Mr. Arch introduced members of the Committee
who helped draft the amendments. Mr. Lung stated that in the changes
proposed more of the regulation is based on environmental considerations and
is not limited to swine and poultry, but deals with all livestock. He
indicated that the regulation is triggered by an Intent to Build and
requires a Nutrient and Waste Management Plan to be done by the Soil
Conservation Service and Extension Service. He also noted that the new
regulations streamline the current process and establishes 2 tiers of review
based on annual manure production. After discussion and questions, the
Commissioners asked Mr. Lung to present this to the Planning Commission for
its review before scheduling a public hearing.
RECESS - LUNCH
The Commissioners recessed at 12:48 p.m. for lunch.
AFTERNOON SESSION
The Afternoon Session was convened at 1:33 p.m. by the President, Richard E.
Roulette, with the following members present: Vice President Ronald L.
Bowers, and Commissioners Linda C. Irvin-Craig, John S. Shank, and Gregory
I. Snook.
REZONING CASE RZ-93-1 (27.16 ACRE PARCEL)
Motion made by Commissioner Bowers, seconded by Snook, to remove Rezoning
Case RZ-93-1 (27.16 acre parcel) from the Table for consideration of the
requested rezoning from "A"-Agriculture to "HI"-Highway Interchange.
Unanimously approved.
Motion made by Commissioner Bowers, seconded by Snook, to accept and
consider the following Report and Recommendation of the Planning Commission
on the 27.16 acres of land for RZ-93-1. Unanimously approved.
The report and recommendations of the Planning and Zoning Commission.
The Planning Commission recommended that the County Commissioners deny the
request for rezoning of 27.16 acres from Agricultural to HI. This action
was based on the belief that the applicant failed to prove that a mistake
had occurred in the original zoning. The Commission concurred with the case
presented by the applicant that a change in the neighborhood had occurred
but the Planning Commission rejected rezoning of the 27 acres to HI since
they did not believe that changing the 27 acres to HI was appropriate and
logical for the area.
JUNE 8, 1993
MINUTES, CONT'D.
The Planning Commission further recommended that the Board of County
Commissioners consider rezoning the 27 acres proposed for HI to RR.
The Commission's recommendations were rendered upon due consideration of
testimony given at the public hearing on March 8, 1993, any correspondence
received in lieu of public testimony during the 10-day period following the
public hearing, and staff reports dated February 18, 1993 and March 23,
1993.
The Planning Commission accepted the staff's findings of fact in the staff
reports as the Commission's findings of fact pursuant to Section 27.3 of the
Washington County Zoning Ordinance.
Motion made by Commissioner Irvin-Craig, seconded by Shank, to accept the
following definition of neighborhood as presented for the 27.16 acre parcel
of Rezoning Case RZ-93-1. Unanimously approved.
Definition of the Neighborhood.
The neighborhood is bounded by natural and manmade boundaries. It is
bordered by Interstate 70 to the south, the Conococheague Creek to the west,
U.S. Route #40 to the north, and Maryland Route 63 to the east.
Motion made by Commissioner Snook, seconded by Bowers, to accept the
Findings of Fact C through E as follows for the proposed rezoning of the
27.16 acre parcel cited from Agriculture to Highway Interchange.
Unanimously approved.
(c) Population change in the area of the proposed change.
The proposed rezoning is located in Election District 23 (Wilsons). The
population in this district has increased 35% between 1970 and 1990. These
years best reflect the growth that has occurred since the adoption of the
Zoning Ordinance in 1973.
% Change from
Year Population Previous Decade
1970 2589 20.8
1980 2863 10.6
1990 3507 22.5
(d) Availability of public facilities in the area.
The Washington County Water and Sewerage Plan designates the subject
property as W-5 and S-5. Both of these designations indicate that there is
a 5 to 10 year priority for public facilities to the subject area. Fire
protection is provided to the site by the Williamsport Fire Department, and
emergency medical service is provided by the Williamsport Ambulance Service.
The subject property is not served by the County Commuter. The subject
rezoning is within the school districts of Conococheague Elementary School,
Clear Spring Middle School, and Clear Spring High School. Current
enrollment and capacities of these facilities are listed below as of
December 1992.
IAC IPA Enrollment
Capacity Capacity (December 1992)
Conococheague 305 300 274
Elementary
Clear Spring 590 496 376
Middle
Clear Spring 626 612 435
High
(e) Present and future transportation patterns in the area.
The subject rezoning site has approximately 2,580 feet of frontage along
Walnut Point Road which is classified as local with no restrictions on new
access points.
Motion made by Commissioner Snook, seconded by Bowers, that the proposed
rezoning of 27.16 acres from Agriculture to Highway Interchange would be
compatible with the existing and proposed development in the area including
indication of neighboring sites identified by the Washington County
Historical Sites Survey and subsequent revisions or updates. Motion carried
with Commissioners Snook, Bowers, Shank, and Roulette voting "AYE" and
Commissioner Irvin-Craig voting "NO".
JUNE 8, 1993
MINUTES, CONT'D.
Compatibility with existing and proposed development in the area including
indication of neighboring sites identified by the Washington County Historic
Sites Survey and subsequent revisions or updates.
At the present time, the subject acreage is classified Agriculture. Located
to the north and west of the site is a mixture of large agricultural tracts
and single family properties. This classification remains until Walnut
Point Road adjoins Maryland Route #40, the National Pike. Located to the
immediate east of RZ-93-1 is an undeveloped 38 acre tract owned by Applicant
classified Highway Interchange. Located along the west side of Route 63 are
a variety of land uses including National Cash Register, Stoys Flooring,
Larry Allen Photography, BFI Waste Systems, a Mennonite School, single
family houses, and other commercial uses classified Highway Interchange.
As proposed, the increased density allowed the Rural Residential
classification for duplex units may conflict with the large single family
lots and farming areas currently in the neighborhood.
Motion made by Commissioner Bowers, seconded by Shank, to accept the
Findings of Fact as presented with regard to the relationship of the
property change to the Adopted Plan for the County, Development Analysis
Plan Map and Policies.
Approximately 95% of the subject property of RZ-93-1 is located within the
adopted Urban Growth Area established by the County's Comprehensive Plan.
The Plan encourages development within the Growth Area which in turn
relieves pressure on the rural parts of the county and makes the most of
current investments in infrastructure. The proposed rezoning is compatible
with the adopted Comprehensive Plan of the County.
Motion carried with Commissioners Bowers, Shank, Snook, and Roulette voting
"AYE" and Commissioner Irvin-Craig voting "NO".
Motion made by Commissioner Bowers, seconded by Snook, that based upon the
Report and Recommendation of the Planning Commission, the Definition of
Neighborhood as adopted, and the Findings of Fact made by the Board of
County Commissioners, there has been a substantial change in the character
of the neighborhood where the property is located for the 27.16 acre parcel
of RZ-93-1. Unanimously approved.
Motion made by Commissioner Snook, seconded by Bowers, that based upon the
previous Motions with regard to the 27.16 acre parcel proposed to be rezoned
from Agriculture to Highway Interchange, there has been a convincing
demonstration that the proposed rezoning is appropriate and logical for the
subject property.
Motion carried with Commissioners Snook, Bowers, Shank, and Roulette voting
"AYE" and Commissioner Irvin-Craig voting "NO".
Motion made by Commissioner Bowers, seconded by Snook, that based upon the
previous Motions that the 27.16 acre parcel of RZ-93-1 be rezoned from
Agriculture to Highway Interchange. Motion carried with Commissioners
Bowers, Shank, Snook, and Roulette voting "AYE" and Commissioner Irvin-Craig
voting "NO".
LEGISLATIVE UPDATE - FOREST CONSERVATION ACT
Stephen Goodrich, Senior Planner, reviewed the proposed modifications to the
Forest Conservation Act and the summary of Senate Bill 915. After review by
the Commissioners, they directed Mr. Goodrich to assemble the final
modifications and present them to the Planning Commission.
REAPPOINTMENT - TRANSPORTATION COMMISSION
Motion made by Commissioner Bowers, seconded by Shank, to reappoint Albert
Lowry to the Transportation Commission, as recommended by the City of
Hagerstown, for a 3 year term. Unanimously approved.
ENTERPRISE ZONE TAX CREDITS
Motion made by Commissioner Bowers, seconded by Shank, to approve the tax
credits for Enterprise Zones as verified by the County Treasurer in
accordance with Tax Property Article - Title 4-401 of the Annotated Code of
Maryland. Unanimously approved. (A copy of the approved Enterprise Zone
Tax Credits are attached.)
GOVERNOR'S APPOINTMENTS TO BOARD OF ELECTION SUPERVISORS
Barry Teach, County Administrator, informed the Commissioners that Daris
Phillips and Richard Coss have been appointed by the Governor to the Board
of Election Supervisors for Washington County and Walter Bell and Charles
Mobley, Jr., were reappointed. He also indicated that Jason Malott was
appointed as a Substitute Member.
JUNE 8, 1993
MINUTES, CONT'D.
BID AWARD - TRAFFIC PAINT & BEADS
Motion made by Commissioner Shank, seconded by Snook, to award the bid for
traffic paint to New England Traffic Supply who submitted the low bids of
$3.83/gallon for 10,000 of yellow paint and $3.79/gallon for 7,000 of white
paint, for a total sum of $64,830; and to award the contract for furnishing
1,000/50 lb. bags of standard traffic beads to Flex-O-Lite, Inc., who
submitted the low bid of $6.50/bag. Unanimously approved.
BID AWARD - FLEET MAINTENANCE MANAGEMENT SOFTWARE - ROADS DEPARTMENT
Motion made by Commissioner Bowers, seconded by Snook, to award the bid for
fleet maintenance management software for the Roads Department to Current
Software for the lump sum bid of $13,275. Unanimously approved.
BID AWARD - COMPUTER & COPY PAPER
Motion made by Commissioner Shank, seconded by Snook, to award the bid for
computer and copy paper to the low bidders as follows: Moore Business Forms
- Virgin Products Item No. 18, Recycling Products Item Nos. 5, 16, and 18;
McGregor Printing Company - Virgin Products Item No. 9, Recycled Products
Item Nos. 3, 4, 15, and 17; Antietam Paper Company - Virgin Products Item
Nos. 4, 5, 6, 7, 8, 11, 12, 13 (3-part, 13 (4-part), 13 (5-part), 14 and 16,
Recycled Products Item Nos. 6, 7, 8, 9, and 12; Allin & Cory, Co. - Virgin
Products Item Nos. 1, 2, 3, 10, 13 (2-part), 15 and 17, Recycled Products -
Item Nos. 1, 2, 10, 13 (2-part) and 13 (3-part). Unanimously approved.
(See Bid Tabulation Sheets for prices -located in the Purchasing
Department.)
TRANSFER OF FUNDS - CAPITAL IMPROVEMENTS PROJECTS BUDGET
Motion made by Commissioner Snook, seconded by Irvin-Craig, to transfer
$8,500 in the Capital Improvements Projects (CIP) Budget from the Martin
Luther King Building project, which was under budget, to the Black Rock
Radon Elimination Project. Unanimously approved.
TOUR DUPONT - AUTHORITY TO ENTER INTO AGREEMENT
Motion made by Commissioner Irvin-Craig, seconded by Snook, to permit the
Local Organization Committee to enter into an agreement for the return of
Tour DuPont in 1994 and 1995. Unanimously approved.
APPROVAL OF MINUTES - JUNE 1, 1993
Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the
minutes of June 1, 1993, as corrected. Unanimously approved.
RE/APPOINTMENTS - ECONOMIC DEVELOPMENT COMMISSION
Motion made by Commissioner Shank, seconded by Bowers, to reappoint Donald
Bowman, Jr. and J. Michael Eckard to the Economic Development Commission and
to appoint John R. Hershey, III and Philip L. Rohrer, for four year terms.
Unanimously approved.
LEASE - PROPERTY ON BEAVER CREEK ROAD
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to lease 3
acres of land along Beaver Creek Road to Lynn Kendle for $75 per year with
the lessee being responsible for weed control. Unanimously approved.
JULY MEETING SCHEDULE
The Commissioners decided not to hold a meeting on Tuesday, July 27.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Snook, seconded by Shank, to convene in Closed
Session at 2:28 p.m. with regard to personnel and property matters, and to
confer with the County Attorney to obtain legal advice 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-Craig, to reconvene in
Regular Session at 4:03 p.m. Unanimously approved.
ADOPTION OF REFINANCING BOND RESOLUTION - SANITARY COMMISSION
Motion made by Commissioner Bowers, seconded by Shank, to adopt a Resolution
for the Sale of Refinancing Bonds to Merill Lynch at the interest rate of
5.3895% for the County Commissioners Refinancing Bond issue for $19,420,000
and the Washington County Sanitary Commission portion of $17,360,000.
Unanimously approved.
At this time the Washington County Sanitary Commission adopted a Resolution
approving the sale of the Refinancing Bond Issue in the amount of
$17,360,000 to
JUNE 8, 1993
MINUTES, CONT'D.
Merill Lynch at the interest rate of 5.3895%. Commissioner members present
were Louise Fahrney, William Winebrenner, William Ryan, and Robert
Holsinger.
ADOPTION OF RESOLUTION ENDORSING THE SANITARY COMMISSION RESOLUTION
Motion made by Commissioner Snook, seconded by Bowers, to recognize and
endorse the Resolution of the Washington County Sanitary Commission
approving the sale of Refinancing Bonds. Unanimously approved.
EMPLOY ACCOUNTING CLERK - ACCOUNTING DEPARTMENT
Motion made by Commissioner Irvin-Craig, seconded by Snook, to employ Krist
Carl as Accounting Clerk in the Accounting Department, to fill an existing
vacancy. Unanimously approved.
REAPPOINTMENT - WESTERN MARYLAND HEALTH PLANNING AGENCY
Motion made by Commissioner Bowers, seconded by Snook, to reappoint Nancy
Russell to the Western Maryland Health Planning Agency Advisory Council
Advisory Council for a 3 year term. Unanimously approved.
AGREEMENT - SANITARY COMMISSION & CONTINENTAL INVESTMENT CORPORATION
Motion made by Commissioner Shank, seconded by Bowers, to approve the
agreement between the Washington County Sanitary Commission and Continental
Investment Corporation, as presented by the County Attorney. Motion carried
with Commissioners Bowers, Shank, Snook, and Roulette voting "AYE" and
Commissioner Irvin-Craig voting "NO".
AGREEMENT - RETAINING WALL ON SHINHAM ROAD
Motion made by Commissioner Snook, seconded by Bowers, to approve the
agreement to assume responsibility for maintenance of the retaining wall,
located on County right-of-way, adjoining the Joseph Staley property located
on Shinham Road. Unanimously approved.
AGREEMENT - OTIS ELEVATOR COMPANY, INC.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the
agreement with Otis Elevator Company, Inc., to maintain the elevators in
County buildings, as presented by the County Attorney. Unanimously
approved.
LEITERSBURG FIRE COMPANY - PURCHASE OF TANKER PUMPER
Motion made by Commissioner Bowers, seconded by Snook, to adopt a Resolution
authorizing the Leitersburg Fire Company for purchase of a tanker pumper, as
presented by the County Attorney. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Bowers, seconded by Shank, to adjourn at 4:20
p.m. Unanimously approved.
County Attorney
, Clerk