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HomeMy WebLinkAbout990921 September 21, 1999 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, 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 - SEPTEMBER 14, 1999 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of September 14, 1999, as amended. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Iseminger reported on the presentation he made to the Maugansville Ruritan Club on planned development in the area. Commissioner Wivell stated that he attended the Bulldog Roundup at Mack Trucks last weekend with Commissioner Swartz. Commissioner Schnebly reported on the Airport Commission meeting. Commissioner Swartz complimented Commissioner Iseminger on his presentation to the Maugansville Ruritan. He stated that he attended the ribbon cutting  ceremony for Reliable Furniture. He also reported on the Childrens Council meeting and the Commission on Aging meeting. Commissioner Swartz informed the Commissioners that he attended the breakfast reception held by the Alterra Group to present their plans for a new assisted living facility. He also participated in the Hancock C&O Apple Canal Days Parade, the Bulldog Roundup at Mack Trucks, and the activities at PenMar Park.  Commissioner Snook provided a review of Governor Glendenings visit to tour the alternative sites for the University System of Maryland campus. He stated that he also attended the Alterra breakfast. Commissioner Schnebly  agreed to attend the Business & Professional Womens annual dinner on behalf of the County Commissioners. Commissioner Snook informed the Commissioners that the Maryland Department of the Environment will hold a public information meeting on October 8 at the Health Department regarding the application of sewage sludge on the Donald Beard farm. He stated that he received a letter requesting that the County fund the Boonsboro Volunteer Fire Company substation. RESOLUTION - WATER & SEWER PLAN AMENDMENTS (WS-99-001 & WS-99-002) WS-99-001 Richard Douglas, County Attorney, reviewed Water & Sewer Plan Amendment WS- 99-001. He stated that the amendment was initiated by the Planning Commission to reflect the efforts of the Water & Sewer Department to meet the State-mandated Biological Nutrient Removal (BNR) requirements in the Washington County Water & Sewerage Plan. Mr. Douglas indicated that the Water & Sewer Department is proposing to eliminate the Nicodemus Plant from the system and transfer flow to the Conococheague Plant. Motion made by Commissioner Iseminger, seconded by Swartz, to approve the Water & Sewer Plan Amendment WS-99-001 and the resolution entitled  Adoption of Amendment to Water & Sewerage Plan for Washington County to reflect the efforts by the Washington County Water & Sewer Department to meet State-mandated Biological Nutrient Removal (BNR) requirements including the elimination of the Nicodemus Wastewater Treatment Plant from the system and transferring all flow to the Conococheague Wastewater Treatment Plant. Unanimously approved. WS-00-002 Mr. Douglas reviewed Water & Sewer Plan Amendment WS-99-002, which was requested by the Planning Commission to amend the Washington County Water & Sewerage Plan by adding new text to Chapter Four, amending Map No. 57, amending Table No. 14, and adding new text to the appendices to reflect the efforts of the Washington County Water & Sewerage Department and the City of Hagerstown to cooperate in matters of mutual benefit. Motion made by Commissioner Schnebly, seconded by Wivell, to approve Water &  Sewerage Plan amendment WS-99-002 and the resolution Adoption of Amendment  to Water & Sewerage Plan for Washington County which was SEPTEMBER 21, 1999 PAGE TWO submitted by the Planning Commission to reflect the efforts by the County Water & Sewer Department and the City of Hagerstown to jointly cooperate with the Maryland Department of the Environment in wastewater utility matters of mutual benefit and to include text and map amendments to Chapter Existing and Planned Sewerage Systems, Four, as well as additional project descriptions on Table 14 of the Plan. Unanimously approved. REZONING CASE RZ-99-06 - MAURICE F. JOHNSTON (APPLICANT) Robert Arch, Director of Planning & Community Development, reviewed map amendment RZ-99-06, submitted by Maurice Johnston, to rezone approximately five acres from Business Local (BL) and Residential Urban (RU) to Business General (BG). Mr. Douglas stated that the Planning Commission recommended approval of the application. Motion made by Commissioner Iseminger, seconded by Schnebly, to accept the definition of the neighborhood for the purpose of the rezoning as described by the applicant. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, to make the findings of fact set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, that there was a substantial change in the character of the neighborhood in the original zoning based upon the following reasons: 1) Increase in population; 2) Additional commercial development in the area; 3) Rezoning activity in the neighborhood; 3) Major improvements to Route 11 and at the intersection of Route 11 and Maugans Avenue; 4) The extension of public utilities; and 5) The rezoning is consistent with the goals and objectives of the Comprehensive Plan. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Business Local (BL) and Residential Urban (RU) to Business General (BG) would be appropriate and logical for the subject property based on a demonstrated change in the character of the neighborhood, the rezoning is consistent with the goals and objectives of the Comprehensive Plan, and is compatible with the adjacent property. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, based upon the previous motions, that the proposed rezoning from Business Local (BL) and Residential Urban (RU) to Business General (BG) be granted. Unanimously approved. REZONING CASE RZ-99-08 - DANIEL STALEY DEVELOPMENT COMPANY, INC. Robert Arch, Director of Planning & Community Development, reviewed map amendment RZ-99-06, submitted by the Daniel Staley Development Company, Inc. to rezone approximately 4.61 acres from Agricultural (A) to Business Transitional (BT). Mr. Douglas stated that the Planning Commission recommended approval of the application. Motion made by Commissioner Schnebly, seconded by Iseminger, to accept the definition of the neighborhood for the purpose of the rezoning as described by the applicant. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Iseminger, 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, to find that there was a substantial change in the character of the neighborhood in the original zoning based upon the following reasons: 1) Agricultural uses have steadily decreased in the neighborhood and development has been predominately residential; 2) Increase in commercial uses; and 3) Increase in population and traffic count. Motion carried with Commissioners  Schnebly, Iseminger, Swartz, and Snook voting AYE and Commissioner Wivell  voting NO. Motion made by Commissioner Schnebly, seconded by Iseminger, that there has been a convincing demonstration that the proposed rezoning from Agricultural (A) to Business Transitional (BT) would be appropriate and logical for the subject property based upon its location within an Urban Growth Area, the BT classification would provide for a transition between the commercial and  institutional uses to the north and west of the applicants property, and the existing and planned residential uses to the east and south, and the rezoning is consistent with the goals and objectives SEPTEMBER 21, 1999 PAGE THREE of the Comprehensive Plan. Motion carried with Commissioners Schnebly,  Iseminger, and Snook voting AYE and Commissioners Swartz and Wivell  voting NO. Motion made by Commissioner Schnebly, seconded by Iseminger, based upon the previous motions, that the proposed rezoning from Agricultural (A) to Business Transitional (BT) be granted. Motion carried with Commissioners  Schnebly, Iseminger, and Snook voting AYE and Commissioners Swartz and  Wivell voting NO. PROPOSED 2000 LEGISLATIVE AGENDA Richard Douglas, County Attorney, reviewed the proposed legislative agenda for the year 2000. The Commissioners reviewed the following proposals presented by the County Attorney: 1) 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. Commissioner Swartz asked that the Commissioners consider revisiting the rules and regulations regarding the guidelines for charities which qualify for funding from the Gaming Commission. 2) Request the State to fund the school nurses program. Mr. Douglas informed the Commissioners that there are pilot programs now in effect in Baltimore City and Caroline County which assist in funding such programs. This new legislation would include Washington County in the program. The Commissioners discontinued the discussion on the proposed legislative agenda at this time in order to hear the update on the safety program. SAFETY PROGRAM UPDATE Brian Overcash, Safety and Risk Management Administrator, met with the Commissioners to provide an update on the safety programs in the County. Mr. Overcash gave a history of the program. He stated that the Safety Committee was appointed in 1996. Mr. Overcash indicated that the County was in a reactive posture at that time and needed to become more proactive and conform to Maryland Occupation Safety & Health (MOSH) requirements. He informed the Commissioners that the County has been brought up to date and has now satisfied all regulatory compliance standards. Mr. Overcash noted other accomplishments which include the completion of the Washington County Safety Manual and scheduling of annual training programs, inspections and audits. He noted that some of the current training programs include the  employees right to know of hazardous chemicals in the workplace, chemical inventories, blood-borne pathogen training, fire evacuation and fire extinguisher training, personal and protective equipment, lockout/tagout program, confined space training, reporting and recording of occupational injuries and illnesses, supervisor safety responsibility, CPR and first-aid training. Annajean Bitner, Insurance & Risk Management Administrator, provided  information on the workers compensation program. She stated that the County began a self-insured program in 1985. She distributed information on the actual costs of the program from 1996 to 1999. Ms. Bitner stated that the costs have been maintained at a lower rate than by purchasing the coverage commercially due to risk management and the safety program. She stated that the County averages 100 claims per year. Ms. Bitner also  provided information on the cost of the excess workers compensation policy. Commissioner Schnebly asked to see additional information on reserves and the incurred loss figures. Mr. Overcash introduced the following members of the Safety Committee who were in attendance: Rich Eichelberger, Denny Engle, Brian Brandt, Tuck Robinson, Mike Shifler, Julie Nichols, Mark Stransky, Craig Pensinger, and Deputy Rodney Weicht. Rodney Shoop, County Administrator, emphasized the good working relationship the County now enjoys with MOSH. The Commissioners thanked the members of the Safety Committee for their time and dedication to make the program a success. Commissioner Swartz also recognized the previous Commissioners on the previous Board of County Commissioners who established the program. CONTINUED DISCUSSION OF PROPOSED 2000 LEGISLATIVE AGENDA The Commissioners continued their discussion of the proposed legislative agenda for 2000 at this time. Mr. Douglas continued with the third proposal: 3) Exempt state lands from those for which a county must reimburse the Department of Natural Resources for firefighting expenses. 4) Seek legal authority to reimburse County Commissioners for expenses incurred in the course of their duties, such as mileage. 5) The Economic Development Commission has requested that the Board seek authority to establish a SEPTEMBER 21, 1999 PAGE FOUR revolving loan fund for economic development projects. The Commissioners took this proposal under consideration and stated that they wish to meet with the Economic Development Commission and CHIEF before they agree to submit it. 6) Seek authority to implement a fire tax in the County. The Commissioners asked that this item be removed from the list for further deliberation. 7) The Election Board has asked that the Commissioners recommend to the Delegation that fees for chief election judges by increased from $100 per day to $125 per day, and that the fees for other election judges be increased from $80 to $100 per day. The Commissioners agreed provided that the salaries suggested by the Election Board are in line with those of other counties. Commissioner Swartz asked that the Commissioners request the authorization necessary to have an additional one percent (1%) added to the sales tax which would be designated for Washington County, the proceeds of which would be applied to the water and sewer debt. After discussion, the Commissioners agreed to discuss the proposal with the local delegation to the General Assembly. Commissioner Wivell asked if the Commissioners would like to consider including language in the legislation dealing with annexation to require approval of the request by both the municipality and the Board of County Commissioners. The Commissioners asked Mr. Douglas to research this issue to determine if other counties have this authority. Commissioner Iseminger stated that the Board should also include a request that the State participate in funding for the branch library facility in Clear Spring. He indicated that the Delegation needs to know that this is part of a comprehensive plan to provide branch library facilities in the County. The Commissioners took under consideration a proposal to include an increase in the salaries for the Board of County Commissioners for the 2002 term of office.  CITIZENS PARTICIPATION Donald Allensworth discussed annexation and rezoning issues. He also asked  about the Countys commitment to funding for the construction of the University System of Maryland campus. Commissioner Wivell explained that the  Countys commitment of $500,000 is for the total project cost and not necessarily for extension of utilities. CONSIDERATION OF FINAL FY 2000 OPERATING BUDGET - BOARD OF EDUCATION  The Commissioners considered the Board of Educations final FY 2000 operating budget as presented at their meeting with the Board last week in the amount of $59,729,520. Christian South, Director of Finance for the Board of Education, was in attendance and answered questions from the Commissioners regarding the final operating budget and specifically addressing mid-level administration, travel, special education, and the administrative intern program. Motion made by Commissioner Swartz, seconded by Iseminger, to approve the final FY 2000 operating budget for the Board of Education in the amount of $59,729,520 as presented. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the Maryland Municipal League meeting will be held in Keedysville on September  27. He informed the Commissioners that Try Transit Week was a great success. Kevin Cerrone, Transportation Director, thanked the Commissioners for their support and provided information on the increase in ridership for the week. Mr. Shoop announced that the evening meeting scheduled for  September 28th at Childrens Village has been changed to a morning meeting to allow the Commissioners to attend the 80th Annual Meeting of the Hagerstown-Washington County Chamber of Commerce that evening. He informed the Commissioners that the addendum to the Emergency Services Study should arrive tomorrow. Motion made by Commissioner Schnebly, seconded by Swartz, to approve the request of Leadership Hagerstown to utilize a County Commuter bus on November 22 and to pay the cost of $129 with funds to be taken from the  Commissioners contingency fund. Unanimously approved. REQUEST FOR WAIVER OF PERMIT FEES - HAGERSTOWN SOCCER LEAGUE Mr. Shoop informed the Commissioners that the Hagerstown Soccer Club has requested a waiver of permit fees for a sign at the entrance to their new complex. The cost of the permit would be $78.12. SEPTEMBER 21, 1999 PAGE FOUR Motion made by Commissioner Swartz, seconded by Wivell, to waive the permit fee, as requested by the Hagerstown Soccer League, for a sign at the entrance of their complex. Unanimously approved. BUDGET ADJUSTMENT - EMERGENCY SHELTER GRANT Motion made by Commissioner Schnebly, seconded by Iseminger, to approve. the Emergency Shelter Grant funding for FY 1999 in the amount of $38,520 (01-4-1599-331-021) from the Maryland Department of Housing and Community Development which is administered for the County by the Community Action Council. Unanimously approved. RESOLUTION - FIRE & RESCUE TECHNICIANS Motion made by Commissioner Schnebly, seconded by Swartz, to approve the resolution certifying AFSCME as the exclusive representative for the  Countys Fire & Rescue Technicians for purposes of collective bargaining, as presented by the County Attorney. Unanimously approved. SEWER LINE EASEMENT - OAK RIDGE PARK APARTMENTS Motion made by Commissioner Schnebly, seconded by Iseminger to accept a perpetual and permanent easement from Oak Ridge Park Apartments, Section V, for the purpose of constructing, operating, maintaining, and replacing sewer lines, as presented by the Assistant County Attorney. Unanimously approved. FY 1999 BUDGET CLOSEOUT Debra Bastian, Director of Budget & Finance, presented the preliminary, year-end results for Fiscal Year 1999. She stated that the numbers are not final at this point. Ms. Bastian stated that the Water fund finished with excess revenue of $146,365. Cash operating reserves were in line with the targeted goals. She indicated that $147,500 was placed in debt reserves. The Sewer fund also finished with revenues over budget and is on target with the long-range financial plan put into place by the Commissioners. She indicated that debt reserves are slightly ahead of the targeted amount. Ms. Bastian informed the Commissioners that the Pretreatment fund finished under budget but actual operating reserves are only 5% under budget. Ms. Bastian explained that they expect this shortfall will be made up in FY 2000. She stated that General Services also finished slightly under budget. The Airport Fund ended FY 99 with a year-end surplus of $479,927. However, funds were transferred to address the shortfall that has existed since 1983 when the Airport was purchased from the City of Hagerstown and to address debt service payments which were not budgeted in the early 1980's. Ms. Bastian informed the Commissioners that Black Rock Golf Course finished under budgeted revenues by $6,977. The Solid Waste Department was $66,773 over budget, the Highway Department $390,887, the General Fund $2,570,156, and Capital Improvements $465,000. Ms. Bastian stated that after necessary transfers were made, the County finished FY 1999 with reserves of $1.5 million. She informed the Commissioners that there was a shortfall in real estate and personal property tax revenues this year but that income tax was $4 million over budget. Ms. Bastian said that recordation taxes and interest income were also up this year. She recommended that $1 million be transferred to the CIP budget for debt reduction or for unbudgeted projects and $500,000 in cash reserves to maintain a 7 1/2% level. The Commissioners discussed the recommendation and agreed to continue discussions after lunch. RECESS - LUNCH & RIBBON CUTTING - FIL TEC EXPANSION The Commissioners recessed at 11:49 a.m. to attend a luncheon and ribbon cutting in celebration of the expansion at Fil Tec, Inc. AFTERNOON SESSION The afternoon session was called to order at 1:30 p.m. by the President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. CONTINUATION OF BUDGET CLOSE-OUT DISCUSSION The Commissioners continued discussions of the budget close-out from the morning session. Ms. Bastian reviewed her recommendation for the budget surplus to place $1 million in the CIP budget for debt reduction or for unbudgeted projects and $500,000 in cash reserves. Motion made by Commissioner Swartz, seconded by Wivell, to accept the recommendation of the Director of Budget & Finance in regard to the surplus revenues for Fiscal Year 1999 to put $1,000,000 into the FY 2000 Capital SEPTEMBER 21, 1999 PAGE FIVE Improvements Project (CIP) budget and to put $500,000 into cash reserves. Unanimously approved. UPDATE ON PUBLIC WORKS DIVISION Gary Rohrer, Director of Public Works (DPW), met with the Commissioners to provide an update on the Public Works Division. Mr. Rohrer gave a history of the DPW. He distributed an organizational chart and stated that the DPW includes the Engineering Department, Transportation & Highway Departments, Water & Sewer Department, Solid Waste Department, and Facilities Administration. He stated that he also supervises the Real Property Administrator, Communications Maintenance, and support personnel. Mr. Rohrer informed the Commissioners of accomplishments of the last term. He stated that current projects reflected in his performance goals for FY 2000 include developing an amendment to the Road Adequacy Policy to strengthen enforcement of the Adequate Public Facilities Ordinance, presenting changes  to the Street/Highway Acceptance Policy to minimize the Countys financial exposure in connection with development projects, consolidate standard specifications and details for design and construction, and to formalize policies and procedures for DPW. Mr. Rohrer also discussed his future goals of securing sufficient space for County government, developing a uniform reporting format to track projects, and development of an asset management system for County infrastructure. (Commissioner Swartz was excused from the meeting at 2:41 p.m.) CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in closed session at 2:49 p.m. to discuss personnel issues and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to reconvene in open session at 3:25 p.m. Unanimously approved. In closed session, the Commissioners considered one (1) personnel issue and consulted with counsel to obtain legal advice on one (1) matter. Present during closed session were Commissioners Gregory I. Snook, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; and Gary Rohrer, Director of Public Works. RECESS The Commissioners recessed at 3:30 p.m. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members William Breichner, Susan Saum-Wicklein, Lewis Metzner, and Wallace McClure, at City Hall at 4:00 p.m. (Commissioner Swartz returned to the Meeting at this time) Parking Lot Expansion - Northeast Quadrant Bruce Johnston, City Engineer, presented information on the proposedparking lot expansion in the northeast quadrant. He stated that completion of the project will require a package of funding from the City as well as other sources. Mr. Johnston introduced Jack Garrott and Hugh Breslin, members of the Greater Hagerstown Committee, who outlined the project for the Commissioners. Mr. Garrott indicated that the project includes: renovation of the existing parking area off of East Franklin Street, installation of poles and luminaries throughout the project, and relocation of utilities  from the east-west alley between North Locust Street and Cramers Alley. He stated that construction could be completed by June 2000. He stated that they hope to provide, safe, well-lit, easily accessible parking area which creates a welcoming and attractive area that people will want to use. Mr. Johnston stated that the project would provide a total of 300 parking spaces and estimated that the project will cost $542,000. He reviewed the funding sources and stated that $124,500 is still needed for the project. The Commissioners discussed possible ways to fund this project. Councilmember Saum-Wicklein informed the group that this is one of the alternative sites being considered for the Civil War Museum if the Governor decides that the SEPTEMBER 21, 1999 PAGE SIX University System of Maryland should be located in the Baldwin House. Commissioner Schnebly stated that he has a problem with funding the parking lot if it could be torn up in two or three years. After discussion, the Commissioners asked if the Council would be willing to take this site out of consideration for development if they agree to fund the additional $124,500 needed for the parking lot. Motion made by Commissioner Wivell, seconded by Swartz, to table a vote regarding whether to provide the additional $124,500 needed to construct the  parking lot in the northeast quadrant until next months joint meeting on October 19, 1999. The group then discussed several alternatives. Mayor Bruchey informally polled the Councilmembers regarding whether they wish to proceed with the parking lot project or consider it as a site for the Civil War Museum. It was the consensus of the Council to use the area for the parking project and they agreed not to consider the site for another project. Commissioner Iseminger asked if the motion could be amended to  consider it at next weeks meeting. Commissioner Wivell did not agree to amend his motion. The Commissioners then voted on the original motion as  stated. The motion was denied with Commissioner Wivell voting AYE and  Commissioners Iseminger, Schnebly, Swartz, and Snook voting NO. Motion made by Commissioner Swartz, seconded by Schnebly to table a vote on whether to provide the additional $124,500 needed to construct the parking lot in the northeast quadrant until the September 28, 1999 meeting. Motion carried with Commissioners Swartz, Schnebly, Iseminger and Snook voting  AYE and Commissioner Wivell voting NO. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Iseminger, to adjourn at 5:20 p.m. Unanimously approved. County Administrator County Attorney , Clerk