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HomeMy WebLinkAbout990629 June 29, 1999 Hagerstown, Maryland GROUND BREAKING CEREMONY - WASHINGTON COUNTY RURAL HERITAGE MUSEUM & OFFICE COMPLEX The Commissioners attended a ground breaking ceremony for the new Rural Heritage Museum and office complex located at the Agricultural Education Center at 11:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 1:30 p.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. WORKSHOP SESSION Legislative Agenda for 2000 The Commissioners reviewed the proposals presented by the County Attorney for the year 2000 legislative agenda. The proposals are as follows: 1) Add preschool facilities to those around which a drug-free school zone may be established to support a request from Head Start which operates in the Martin Luther King Center. 2) Change the effective date of appointments to the  Gaming Commission to avoid the Commissions busy season by offsetting the terms by three or six months. 3) Request the State to fund the school nurses program. 4) Exempt state lands from those for which a county must reimburse the Department of Natural Resources for firefighting expenses. Commissioner Iseminger suggested that they ask the delegation to consider a long-range plan for State funding for upgrading or adding branch libraries in the County.  The Commissioners discussed the States formula for school funding and asked to have staff from the Board of Education make a presentation to them to explain the formula. Robert Arch, Director of Planning & Community Development,  reviewed some of the changes to the Smart Growth legislation which may be requested this session. He stated that he anticipates that there will be some recommendations from the Maryland Association of Counties. The Commissioners also considered a request to piggyback on the State sales tax. Commissioner Swartz reviewed calculations of the revenue that an additional penny on the sales tax would generate for the County. Commissioner Iseminger suggested that the funds be earmarked for a specific purpose and that the request could be for a limited amount of time. The Commissioners discussed funding for the University System of Maryland campus in Hagerstown. Robert Sweeney, Administrator for the UMH, stated that  funding is not in the Universitys capital plan at this time. He suggested  that the Commissioners approach the delegation to request pay-go funding from the State to build the facility. Mr. Sweeney estimated the cost of constructing the facility would be $10 million. Other items discussed were the runway extension at the Hagerstown Regional Airport, highway user funds, downtown revitalization and the proposed museum project, creation of an entity to allow pass-through funds for a revolving loan fund, and agricultural preservation. Discussion of Four-Year Initiatives The Commissioners reviewed the six initiatives they outlined which they have identified and discussed ways of addressing them. Resolve Water & Sewer Issues Greg Murray, Director of the Water & Sewer Department, provided an update on the funding for the Sharpsburg Pike project with the City of Hagerstown. He stated that funding was approved by the Department of the Environment and is being recommended to the Board of Public Works for approval. He provided a timetable for completion of the project. Commissioner Schnebly reviewed the projects that the joint City/County committee is discussing for future endeavors. The Commissioners asked for a presentation on the fundamental assumptions underlying the water and sewer rate structure, how the cost of service is derived, and how rates are allocated. After discussion, Commissioner Wivell recommended developing a business plan for the pretreatment plant. 2) Education The Commissioners discussed the need to develop some method of accountability for education and appropriate standards for doing so. Also discussed was a charter school system. They agreed that there needs to be some type of JUNE 29, 1999 PAGE TWO consensus from both boards on standards for education. The Commissioners agreed to meet jointly with the Board of Education in an informal session to develop an outline. The Commissioners discussed the problems associated with  the State Board of Educations focus on functional testing and the results. Adopt Comprehensive Plan  Mr. Arch provided an update on the status of the revision of the Countys Comprehensive Plan. He stated that they hope to have the first three chapters in draft form by end of July. Mr. Arch indicated that the staff is meeting the timetables and objectives for completion of the plan. Focus on Urban Revitalization Rodney Shoop, County Administrator, informed the Commissioners that he is meeting with the City staff regarding improvement of the area around District Court while it is under construction. The Commissioner discussed using some of the funding designated for urban revitalization to demolish some of the buildings in that area. LINER PANEL FOR CORPORATE HANGAR Carolyn Motz, Airport Manager, requested that the Commissioners approve funding for a metal liner for a corporate hangar at the Airport. Ms. Motz provided a brief history of the project. She informed them that the staff requested that the liner be installed when the hangar was being constructed and the previous Board of County Commissioners wished to consider other options. Ms. Motz stated that the fireproofing insulation applied in the hangar continues to create a problem with dust. She expressed concerns on how it will affect the sensitive, expensive equipment stored in the hangar. She requested that the Commissioners consider approving funding for installation of a liner in the hangar used by EarthData. The Commissioners asked about various methods of resolving the problem. Motion made by Commissioner Swartz, seconded by Iseminger, to approve the recommendation to advertise for bids for installation of a metal liner for the EarthData corporate hangar. The original motion was amended to provide that funding for the liner will be taken from the CIP contingency fund. The motion as amended was unanimously approved. CONTRACT AWARD - PRE-ENGINEERED INTEGRATED STORAGE SYSTEM Motion made by Commissioner Iseminger, seconded by Swartz, to award the contract for a pre-engineered integrated storage system for installation in  the Water & Sewer Departments heated equipment storage building to Foltz Manufacturing Company which submitted the low responsive, responsible quotation in the total amount of $28,725. Motion carried with Commissioners  Iseminger, Swartz, Wivell, and Snook voting AYE and Commissioner Schnebly  ABSTAINING. APPROVAL OF COMMUNITY PARTNERSHIP AGREEMENT - OFFICE FOR CHILDREN & YOUTH/LOCAL MANAGEMENT BOARD AND STATE OF MARYLAND Motion made by Commissioner Swartz, seconded by Schnebly, to approve the FY 2000 Limited Community Partnership Agreement for the Office for Children & Youth and the State of Maryland to assure that the Local Management Board operates results-based, comprehensive, interagency, service delivery systems for children and families. The total contract amount is $1,800,276. Unanimously approved. REVISED POLICY - ADVERTISING IN WASHINGTON COUNTY PARKS  The Commissioners reviewed the revised policy submitted for Advertising in  Washington County Parks which was submitted by the Recreation & Parks Board. After discussion, the Commissioners agreed to approve the revised policy with the deletion of Item 10 which required that anyone receiving monies from advertising in the parks must submit an accounting of fees collected or in- kind contributions to the Director of Recreation & Parks Department at the end of the season as well as a 25% fee paid to the Department prior to the installation of signs. Motion made by Commissioner Wivell, seconded by Schnebly, to approve the revised Policy Regarding Advertising in Washington County Parks as submitted  with the deletion of Item 10 which reads Anyone receiving monies from advertising in the parks, must submit an accounting of fees collected or in- kind contributions to the Director of the Recreation & Parks Department at the end of the season. A fee of 25% must be paid to the Recreation & Parks JUNE 29, 1999 PAGE THREE  Department prior to the installation of the sign. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Mr. Shoop reminded the Commissioners that there will be no meeting next Tuesday. He stated that a meeting with Senator Mikulski is scheduled for July 6. Mr. Shoop indicated that he hopes to schedule a meeting with Governor Glendening while he is in Hagerstown for the ribbon cutting for the new new District Court facility. He informed the Commissioners that the annual meeting with officials from the Department of Transportation is scheduled for September 23 at 10:00 a.m. COLE ROAD -QUITCLAIM CONVEYANCES Motion made by Commissioner Schnebly, seconded by Swartz, to convey 5,378 square feet of land, all of which is located on the northerly side of Cole Road, as follows: Edward T. and Margaret M. Fear - 473 square feet; Daniel S. Eshleman, Personal Representative of the Estate of Daniel I. Eshleman - 2,182 square feet; and Hekbel, LLC - 2,723 square feet. Unanimously approved. MAINTENANCE AGREEMENT - ERNSTVILLE ROAD Motion made by Commissioner Iseminger, seconded by Schnebly, to authorize the County to enter into an agreement with the State Highway Administration to under which the County will maintain the bed of Ernstville Road over a culvert built by the State. Unanimously approved. ACCEPTANCE OF PROPERTY - CHIEF Motion made by Commissioner Iseminger, seconded by Swartz, to accept property from the Hagerstown-Washington County Industrial Foundation, Inc. (CHIEF) in fee simple and to grant an easement over this property to Phoenix Color Corporation for the purpose of constructing an access road. Unanimously approved. RE/APPOINTMENTS - MENTAL HEALTH ADVISORY COMMITTEE , Motion made by Commissioner Iseminger seconded by Schnebly, to reappoint Larry Lipsitz and Peggy Reynolds to the Mental Health Advisory Committee for three-year terms and to appoint Ethel Nemcek for a three-year term. Unanimously approved. REAPPOINTMENTS - BOARD OF EXAMINERS & SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Wivell, seconded by Iseminger, to reappoint Terry Weaver and Brian Kephart to the Board of Examiners & Supervisors of Electricians for three-year terms. Unanimously approved. RE/APPOINTMENTS - ECONOMIC DEVELOPMENT COMMISSION Motion made by Schnebly, seconded by Swartz, to reappoint Charles Shindle and Douglas Wright, Jr. to the Economic Development Commission for three-year terms and to appoint Jeff Smith for a three-year term. Unanimously approved. APPOINTMENT - WATER & SEWER ADVISORY COMMISSION Motion made by Commissioner Swartz, seconded by Schnebly, to appoint Steve Klick to the Water & Sewer Advisory Commission for a three-year term. Motion  carried with Commissioners Swartz, Schnebly, Iseminger, and Snook voting AYE  and Commissioner Wivell ABSTAINING. AFSCME - PETITION FOR REPRESENTATION Motion made by Commissioner Iseminger, seconded by Swartz, to schedule an election on August 5, 1999 for Fire & Rescue Technicians in response to a petition for representation filed by AFSCME. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Schnebly reported on the dedication of the Rails to Trails Park in Hancock. Commissioner Swartz stated that he and Commissioner Iseminger were guests on Valley Viewpoint. Commissioner Snook reported on the Board of Directors meeting for the Maryland Association of Counties. RECESS The Commissioners recessed at 4:38 p.m. EVENING SESSION The evening session was convened at 7:00 p.m. by the President, Gregory I. JUNE 29, 1999 PAGE FOUR Snook with the following members present: Vice President, Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - JUNE 22, 1999 Motion made by Commissioner Wivell, seconded by Schnebly, to approve the minutes of June 22, 1999, as submitted. Unanimously approved.  CITIZENS PARTICIPATION Tom Berry read and presented a petition to the Commissioners from residents of the Park Hall Road area requesting that the County proceed with the repair of the bridge on Park Hall Road as quickly as possible. Mr. Berry also stated that he feels the bridge should only be one lane. Roger Worthington, representing the Friends of Beaver Creek, expressed concerns about the rezoning application submitted by H.B. Mellott Estate requesting an IM floating zone. He cited his concerns that expansion of the quarry would adversely impact the fish hatchery in the area and the spring. Tom Heaton expressed his opposition to the quarry expansion. He stated that the Commissioners have a moral responsibility to the public health of County citizens. Mr. Heaton also indicated that he is concerned about fly rock, the zone of dewatering influence which the State must establish, and the fish hatchery spring. Elmer Shifflett noted the importance of opening the bridge on Park Hall Road whether it is a one-lane or two-lane structure. Ed Itnyre asked Commissioners to consider how the property owners are affected, the needs of the community, and budgetary needs in their deliberations about the Park Hall Road bridge. Brent Sponsellar stated that he received assurances that bridge would be replaced. He stated that he received no notice that the bridge was going to be closed and expressed the need for at least a one-lane bridge on Park Hall Road. Lynn Sibley stated that there was a one-lane bridge on Park Hall Road and she feels it makes sense to replace it in that manner. Catherine Cooker asked the Commissioners to resolve the issue of the bridge and reopen it. She cited concerns for safety. Don Mitchell asked the Commissioners to get bridge on Park Hall Road opened. Tom Brunnell stated that it is unanimous that the residents would like bridge to be opened and he would like a one-lane bridge to be constructed. Commissioner Snook summarized the concerns of the citizens with the condition of the Park Hall Road bridge. He stated that the Commissioners realize the importance of access to the main road for residents in the area. He indicated that the Engineering Department reported to the Commissioners on the problems with the structure of the bridge. He informed the citizens that the County has budgeted for the replacement of the bridge. However, there is not enough right-of-way to construct a two-lane bridge. Commissioner Snook stated that the County must follow current engineering standards as well as the width needed for safety and for agricultural needs which will require a two-lane structure. Gary Rohrer, Director of Public Works, reported on negotiations with adjoining property owners which would allow the County to purchase the right-of-way necessary to replace the structure. Randy Snapp requested information on the engineering standards which have to be met for replacement of the bridge. Mr. Rohrer stated that the County follows the standards of the American Association of State Highway and Transportation Officials (AASHTO). REQUEST FOR LOAN - HCC ALUMNI ASSOCIATION Phil Snodderly, Jack Hall, Lisa Stewart, and Joyce Ott requested that the JUNE 29, 1999 PAGE FIVE Commissioners provide an interest-free loan of $200,000 to the Hagerstown Community College (HCC) Alumni Association for completion of the amphitheater (Phase III). Mr. Hall suggested that the loan be repaid over a ten-year period and would allow them to finish construction of the concession stand, ticket booth, and restroom complex at the site. Mr. Snodderly and Mr. Hall provided an update on the project and presented a design of the amphitheater. They also reported on fundraising activities the Alumni Association has sponsored. Mr. Snodderly stated that the HCC Board of Directors support the request of the Alumni Association for the loan. Motion made by Commissioner Iseminger, seconded by Swartz, to approve a loan to the Hagerstown Community College Alumni Association for completion of the amphitheater in an amount not to exceed $200,000, with a ten-year repayment  period, and funds to be taken from the Countys cash reserve. Unanimously approved. REZONING CASE RZ-98-17 - H.B. MELLOTT ESTATE, INC.  Tim Lung, Senior Planner, reviewed the Planning Commissions recommendation for approval of Rezoning Case RZ-98-17 with the understanding that certain items need further attention. At this time, Richard Douglas, County Attorney, reviewed the case. Commissioner Iseminger commended the Planning staff for a good job in preparing the analysis. Commissioner Schnebly asked for assurance that the Commissioners could impose conditions on the applicant if approval is granted. Mr. Douglas stated that the Commissioners may place conditions on the rezoning as long as the fundamental character of the use is not changed. Commissioner Schnebly stated that he feels the rezoning is appropriate as long as environmental protections are in place and with the stipulation that the Maryland Department of the Environment will define the zone of dewatering influence around the quarry before the site plan is approved. Commissioner Iseminger reviewed his reasoning on the application. Commissioner Wivell expressed his opposition to the requested Industrial Mineral (IM) floating zone, in part because it is applied over a Conservation zone. He stated that he has too many reservations about how this would affect the Beaver Creek area. Motion made by Commissioner Iseminger, seconded by Schnebly, to make the findings of fact set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Iseminger, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property, would further the purposes of the proposed reclassification and, when considered with the conditions set forth herein, that it would be compatible with the surrounding area, for the following reasons: 1) It is an existing quarry and has been in operation for more than 30 years; 2) The property is located outside the urban growth area in a rural area and conditions can be imposed during the site plan approval process to address the issues of screening, buffering, dust, vibrations, and setbacks; and 3) the rezoning was contemplated using the standards and requirements of Article 15 of the Zoning Ordinance, and 4) the subject property is accessed over county roads that are deemed to be adequate. Motion  carried with Commissioners Schnebly, Iseminger, and Snook voting AYE and  Commissioners Swartz and Wivell voting NO. Motion made by Commissioner Iseminger, seconded by Schnebly, based on the earlier motions, to grant the proposed rezoning from C-Conservation to C/IM - Conservation with Industrial Mineral floating zone, with the following conditions: Zone of dewatering influence. 1) (a) The Applicant shall enter into a written agreement in form and content satisfactory to the County Attorney providing that, in the event the State of Maryland has not established a zone of dewatering influence at the time a site plan is submitted to the Washington County Planning Commission, the Beaver Creek Fish Hatchery spring shall be deemed to be within the zone of dewatering influence and the applicant shall be responsible under the law just as if the zone had been defined by the State and the spring had been included within said zone. (b) The site plan shall not be approved until the zone of dewatering influence has been defined by the State. (c) It shall not be required that the definition be made prior to the granting of any site plan approval on the subject property which does not provide for mining. JUNE 29, 1999 PAGE SIX Hydrogeologic study. 2) The applicant shall undertake a study addressing the issues raised in the memo dated February 22, 1999 from Azmat Hussain to Timothy Lung, a copy of which is attached hereto. The study shall be compiled by an expert satisfactory to the Planning Commission. This study shall be provided to the Planning Commission and to the appropriate agencies of the  State of Maryland in connection with the applicants request for site plan approval and application for a permit to mine the subject property. Fencing. 3) The applicant shall fence the subject property.  Motion carried with Commissioners Schnebly, Iseminger, and Snook voting AYE  and Commissioners Swartz and Wivell voting NO. YMCA COUNTY REAL ESTATE TAX WAIVER James Pierne, Co-Chair for the YMCA Capital Campaign, appeared before the Commissioners to request that they waive the county portion of property taxes due on the YMCA property located on Eastern Boulevard for three years. He  stated that this years tax is $7,830. Attorney Kent Oliver explained that the YMCA will apply for a permanent tax exemption when statutory requirements have been met. Motion made by Commissioner Swartz, seconded by Schnebly, to approve the resolution granting a property tax credit to the YMCA pursuant to Tax-Property Article, Section 9-323(a)(ii) on property located on the north side of Eastern Boulevard and identified as Parcel 883 on Tax Map 38 for three years subject to annual reaffirmation. Motion carried with Commissioners Swartz, Schnebly,  Wivell and Snook voting AYE and Commissioner Iseminger ABSTAINING. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Schnebly, to adjourn at 8:32 p.m. Unanimously approved. County Administrator County Attorney , Clerk