Loading...
HomeMy WebLinkAbout01.11.2000 Minutes January 11, 2000 Hagerstown, MD 21740 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 Rodney Shoop, County Administrator, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JANUARY 4, 2000 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of the meeting of January 4, 2000, as amended. Unanimously approved. COMMISSIONERS’ REPORTS & COMMENTS Commissioner Wivell reported on the meeting of the PenMar Development Corporation. He stated that he attended the Halfway Volunteer Fire Company Awards Banquet. Commissioner Iseminger informed the Commissioners that he attended the groundbreaking ceremony for the Monterey House in Hancock and the opening of the Walnut Street Clinic. He also reported on the meeting with the Teachers Association and the Advisory Commission to the Board of Health. Commissioner Schnebly reported on the meeting of the Airport Commission Marketing Committee and the Historical Advisory Committee. Commissioner Swartz reported that he attended the Civil Air Patrol banquet the Monterey House groundbreaking. He also reported on the Recreation & Parks Board meeting, the Teacher’s Association meeting and the public hearing on the Superintendent’s proposed budget for the Board of Education. Commissioner Swartz also reported on the interviews for the Head Start Program. Commissioner Snook reported on the meeting of the Board of Directors of the Chamber of Commerce. He informed the Commissioners that he attended the Williamsport Ambulance Service’s annual awards banquet and the Halfway Volunteer Fire Company’s annual banquet. STUDENT FINANCIAL AID AT HAGERSTOWN COMMUNITY COLLEGE Dr. Norman Shea, President of Hagerstown Community College (HCC), introduced staff members Carolyn Cox, Leiba Cohen, and Ann Shipway. Carolyn Cox reported on the sources of aid available to students and the total amount they receive from each. She stated that financial aid awards are available through the federal government, state assistance, veterans’ educational benefits, foundation scholarships, community scholarships, and miscellaneous awards. Ms. Cox informed the Commissioners that the total amount of financial aid awarded to students in 1998-99 was $2,447,193. She expressed concern that there are no awards available for continuing education students. Ms. Cox stated that the major barriers for potential students are the costs associated with childcare and transportation. She explained that they also have funds designated for emergencies and provided examples of ways in which the funds might be utilized. The Commissioners discussed the information provided by Ms. Cox. She stated that if the Commissioners decide to provide a scholarship or some other type of additional financial aid, she would recommend that it be used to assist continuing education students and single parents, and to supplement emergency funds. Ms. Cohen provided information on foundation scholarships or endowments. She informed the Commissioners that HCC has 42 name scholarships ranging from $834 to $1,170 per semester based on varying criteria. Ms. Cohen explained that general scholarships provide $440 per semester. She stated that the teen single-parent program lost its funding this year and the foundation scholarships assisted with the program. JANUARY 11, 2000 PAGE TWO Ms. Cohen indicated that they have more needy students than they can help. She informed the Commissioners that the foundation scholarships total $4.1 million and are meeting only 50-60 percent of the legitimate requests. Ann Shipway, Director of the Continuing Education Program, informed the Commissioners that there is a need for scholarships for adults pursuing job training. She reviewed a model of the financial aid program for non- credit classes used by Howard Community College. Ms. Shipway stated that there are approximately 12,000 students per year in continuing education programs at HCC. The Commissioners thanked the HCC staff for the information and indicated that they are interested in providing financial aid to assist eligible students at the college and would be discussing this in the future. FINANCIAL SOFTWARE SYSTEM UPDATE Kim Edlund, Assistant Director of Budget & Finance, along with members of the Steering Committee, met with the Commissioners to provide an update on the implementation of the new financial software system. Ms. Edlund reported that County government experienced no significant operated without computer problems at the beginning of the new year. She stated that Phase II, which includes utility billing, human resources and payroll modules, went “live” as scheduled. The new water and sewer billings began December 1, and the implementation was seamless. Ms. Edlund noted that Washington County was the first site to go live on the new utility billing system. The human resources and payroll modules are now operational. Payroll was distributed on time and very few errors were reported. Ms. Edlund distributed samples of the new monthly budget reports, purchase orders and paychecks to the Commissioners. She stated that the turnaround time for processing purchase orders has been reduced from 10 days to 24 hours. Ms. Edlund reported that Phase III of the implementation, which includes accounts receivable and billing, project costing, asset management and budgets, is anticipated to go live on March 1. They are anticipating no budget overruns and are on schedule with the project. REZONING CASE RZ-99-010 – BOWMAN DEVELOPMENT CORPORATION Commissioners Wivell and Schnebly stated that they have reviewed the record of the case and listened to audio tapes of the public hearing. Richard Douglas, County Attorney, reviewed map amendment RZ-99-10, submitted by the Bowman Development Corporation, to rezone the subject property from Agricultural to Highway Interchange 1. Mr. Douglas stated that the Planning Commission recommended approval of the application. Motion made by Commissioner Iseminger, seconded by Swartz, to accept the definition of the “neighborhood” for the subject property as described by the applicant. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached to these minutes. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, to find that there has been a substantial change in the character of the neighborhood in which the subject property is located based upon the following: 1) the information contained in the adopted findings of fact and the recommendation of the Planning Commission, 2) the large number of acres in the neighborhood that were reclassified during the comprehensive rezoning of highway interchange areas, 3) the substantial number of commercial and industrial facilities have been constructed in the area, and 4) the proposed HI-1 classification requested for the subject property would be compatible with the existing and proposed land uses in the neighborhood. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, that there was a mistake in the existing zoning in that the Planning Commission and the Board of County Commissioners relied on plans submitted for a Planned Unit Development (PUD) overlay on an agricultural parcel of land. The two bodies erred by giving that zoning classification too much weight in light of the preponderance of evidence that the area was being developed primarily for commercial uses. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Agricultural JANUARY 11, 2000 PAGE THREE to Highway Interchange 1 (HI-1) would be appropriate and logical for the subject property based on the recommendation of the Planning Commission, its location within the Urban Growth Area, the adjacent properties that are zoned Highway Interchange 1 that are commercial and industrial in nature, and the development of a substantial number of commercial and industrial uses in the area. Unanimously approved. A motion was made by Commissioner Iseminger, seconded by Swartz, based upon the previous motions that the proposed rezoning from Agricultural to Highway Interchange 1 is granted. Unanimously approved. REZONING APPLICATION RZ-99-015 – ROGER & ELLEN COLLINS Mr. Douglas reviewed application for map amendment RZ-99- 015, submitted by Roger and Ellen Collins, to rezone 18,000 square feet of property located on the northeast side of the Dual Highway from Residential Urban to Business General. Motion made by Commissioner Wivell, seconded by Schnebly, to accept the definition of “the neighborhood” as described by the applicant. Unanimously approved. Motion made by Commissioner Wivell, seconded by Swartz, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached to these minutes . Unanimously approved. Motion made by Commissioner Wivell, seconded by Swartz, that there has been a substantial change in the character of the neighborhood where the property is located, based upon the numerous rezonings and improvements to the highway system that have contributed to the change. Unanimously approved. Motion made by Commissioner Swartz, seconded by Schnebly, that there was a mistake in the current zoning based on the following reasons: 1) the 1942 subdivision plat depicts that the commercial lots along Dual Highway were specifically excluded from the residential use requirements that burden the remaining lots in Section B of Colonial Park, and 2) a legal mistake in the incorrect belief and assumption that residential development of the subject property was reasonably probable of fruition in the near future that was proven incorrect over time. Unanimously approved. Motion made by Commissioner Wivell, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Residential Urban to Business General would be appropriate and logical for the subject property for the reason, among others, that the surrounding area is classified as Business General. Unanimously approved. Motion made by Commissioner Wivell, seconded by Swartz, based upon the previous motions that the proposed rezoning from Residential Urban (RU) to Business General (BG) be granted. Unanimously approved. CITIZENS’ PARTICIPATION Don Allensworth commented on frivolous lawsuits in the State. He voiced his opinion as to how the State surplus should be used. Mr. Allensworth expressed his opposition to the privatization of the Economic Development Commission and the request to increase the hotel rental tax to help pay for a new stadium. Cookie McDowell, Coordinator for the Washington County Chapter of the League of Women Voters, informed the Commissioners that Margaret Comstock passed away this week. Mrs. Comstock was an active volunteer in the community and was one of the founders of the County chapter of the League of Women Voters. Ms. McDowell provided information on the memorial service. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the meeting with the county delegation to the General Assembly has been scheduled for January 26 in Annapolis. He also informed them that the Extension Service is scheduled to move into its new offices at the Agricultural Education Center on February 1. RZ-99-012 - MARTIN MARIETTA MATERIALS REZONING – SUPPLEMENT TO RECORD Commissioner Schnebly submitted a written memorandum to supplement the record of rezoning case RZ-99-012, submitted by Martin Marietta Materials, JANUARY 11, 2000 PAGE FOUR Inc., that was denied by the Commissioners on December 14, 1999. He briefly reviewed the statements contained in the memorandum and stated that the proposed operation is not compatible with the neighborhood, for the following reasons, in addition to those set forth in the adopted findings of fact: 1) An expanded quarry operation is incompatible with the neighborhood that has an increasing number of residential land uses. He stated that the statistics reported by the Planning staff show an 18.5% population growth in the election district between 1980 and 1990. 2) Martin Marietta’s proposal to relocate the asphalt plant to a new location on the site threatens residential neighbors at that location. Commissioner Schnebly cited testimony from the neighbors indicating that Martin Marietta is running the existing plant for extended hours, creating a greater nuisance from noise, vapors, and dust. He stated that while those living nearby knew about the plant when they purchased their homes, the property owners living near the new location of the asphalt plant were probably not aware that the plant could be that close to them when they settled there. He stated that it would be unfair to expose those neighbors to such an increased nuisance. 3) The fundamental underpinning of zoning regulations is to promote the harmonious coexistence of businesses and surrounding private residential land uses. He stated that the applicant has violated one of its basic promises to the community, that is, to confine its mining activities to an area specifically zoned for that use. The fact that they have ignored their promises to mine where they were supposed to in the past seems a compelling reason for restricting an expansion of their activities in the future. Commissioner Schnebly indicated that allowing them to expand the operation with that attitude would be a mistake. 4) The mining operation makes use of a considerable volume of water. Even though it has received water appropriation permits from the State of Maryland and a zone of dewatering influence has been established, the use of the water could adversely affect other properties in the neighborhood, some of which have wells for domestic water use. 5) The applicant’s operation makes considerable and frequent use of blasting that has triggered complaints of excessive noise, dust, and vibration from others in the neighborhood. 6) The scale of the quarry’s operations has increased over recent years, resulting in, among other nuisances mentioned above, increased truck traffic. Commissioner Schnebly’s written comments are attached for inclusion in the record. ENGINEERING DEPARTMENT – STAFFING REQUEST Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners regarding the request made at last week’s meeting for approval of a third project manager position and the new position of structural engineer. Mr. McGee reviewed the information requested by the Commissioners regarding projects. Mr. Rohrer provided a chart outlining the 2000 – 2007 time frame for projects in the Capital Improvements Plan (CIP) budget showing the completion dates using current staff, the difference with the additional staff proposed, and those projects that are at risk without additional staffing. Mr. Rohrer stated that road reclamation projects and economic development “pop-up” projects are the ones that may be in jeopardy of being delayed. Mr. McGee reviewed information on the rating conditions of the bridges in the County by category and the type of repairs each category would require. The Commissioners reviewed the fiscal impact of the proposed salaries for an additional project manager and structural engineer. Mr. Rohrer stated that they would use the $20,800 budgeted for the Technical Writer position to fund the project manager position. He indicated that, although it is estimated that the cost of the structural engineer would be $20,000, up to 80% of the related salary and benefit expenses could be charged to the Federal Highway bridge program. Mr. Rohrer estimated that they would need $10,000 for salaries and equipment for the remainder of the year. Motion made by Commissioner Swartz, seconded by Iseminger, to proceed with the recommendation to hire a third project manager (Grade 11) and a structural engineer (Grade 14) with the condition that they review the situation in one year. Motion carried with Commissioners Swartz, Iseminger, Schnebly, and Snook voting “AYE” and Commissioner Wivell voting “NO.” JANUARY 11, 2000 PAGE FIVE RECESS – LUNCH The Commissioners recessed at 11:52 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:00 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners John L. Schnebly, Bertrand L. Iseminger and William J. Wivell. PROPOSED 2000 GOALS Rodney Shoop, County Administrator, reviewed the proposed goals for Washington County in 2000. Mr. Shoop told the Commissioners that the staff has developed seven goals for their review. He then reviewed the status of the adopted 1999 goals for the County. He indicated that it is expected that the Commissioners will refine the proposal and include additional goals. The proposed 2000 goals are as follows: 1) Establish County urban revitalization initiatives. 2) Review citizens’ comments and develop final recommendations for the County Comprehensive Plan. 3) Adopt a plan to transfer wastewater flows west of Hagerstown to the Conococheague Wastewater Treatment Plant with the ultimate goal of an interconnected system. 4) Transfer ownership of water service areas at Martin’s Crossroads and Conococheague to the City of Hagerstown. 5) Adopt and implement a formal debt management policy. 6) Develop and adopt a comprehensive land use plan for the airport and vicinity. 7) Resolve County government downtown space needs. The Commissioners discussed the proposed goals and agreed that they would like to include a long-range plan for the library system. The Commissioners also discussed whether to include a goal relating to agricultural preservation. They took the proposed goals under consideration and asked Mr. Shoop to schedule additional time next week for further discussion. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 1:55 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice, to consider a proposal for a business or industrial organization to locate, expand, or remain in the State, and to discuss the acquisition of real property for a public purpose, all in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Schnebly, seconded by Iseminger, to reconvene in open session at 2:59 p.m. Unanimously approved. In closed session, the Commissioners discussed four (4) personnel issue, consulted with counsel to obtain legal advice on two (2) matters, discussed one (1) matter concerning the acquisition of real property for a public purpose, considered a proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, 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; Robert Arch, Director of Planning & Community Development; Robert Graff, Facilities Administrator; Dean Lowry, Real Property Administrator; Terry McGee, Chief Engineer; and Paul Prodonovich, Director of Permits & Inspections. RECESS – JOINT MEETING WITH BOARD OF EDUCATION The Commissioners recessed at 3:00 p.m. to order to attend a joint meeting with the Board of Education at Bester Elementary School. JOINT MEETING WITH BOARD OF EDUCATION - BESTER ELEMENTARY SCHOOL The Commissioners met with the Board of Education at the Bester Elementary School at 3:15 p.m. The following members of the Board of Education were present: B. Marie Byers, Dori Nipps, Mary Wilfong, Herbert Hardin, and Paul Bailey. Staff members present were Dr. Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of Facilities Management; Teresa Flak, Assistant Superintendent; William McKinley, Executive Director of Support JANUARY 11, 2000 PAGE SIX Services; and Christian South, Director of Budget & Finance. Second Quarter Budget Adjustments Mr. South reviewed the operating budget for the second quarter. He stated that several of the adjustments requested cross major categories and require the approval of the County Commissioners. He stated that the Board of Education received $302,189 in unanticipated revenue from the U.S. Department of Defense relating to the closing of Fort Ritchie and would like to make several purchases that were originally planned for FY 2001. He also indicated that they wish to eliminate the Project Engineer position in Operations and move the funds to Maintenance to create a Master HCAV-R Mechanic position. Mr. South informed the Commissioners that the Board of Education approved the adjustments at its January 4 meeting. Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the following second quarter budget adjustments as requested by the Board of Education: to increase Instructional Textbooks/Supplies by $117,000, to increase Student Transportation by $167,000, and Maintenance of Plant by $38,970 using the additional revenue of $302,189 that was received from the U.S. Department of Defense (BRAC), and to decrease the Operation of Plant category by $20,781. Unanimously approved. Capital Improvement Plan (CIP) Success Dennis McGee informed the Commissioners that they have received an additional $2 million in Fiscal Year 2001 for the South Hagerstown High School renovation project and planning approval for the renovations at Williamsport Elementary School. He stated that the Board received approval from the State for its entire CIP request and there is no need for an appeal to the Board of Public Works. Mr. McGee also outlined the changes made by the State to increase the funding formula for capital projects. He then updated the Commissioners on the status of other capital projects in the CIP. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 3:55 p.m. Unanimously approved. , County Administrator , County Attorney , Clerk