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HomeMy WebLinkAbout890516May 16, 1989 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin, and Commissioners R. Lee Downey, Richard E. Roulette and John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Harold Churchey, who manages the Court House Snack Bar, followed by the Pledge of Allegiance to the Flag by the full assemblage. RECOGNITION - HAROLD CHURCHEY The Commissioners presented Harold Churchey with a plaque in recognition for managing the Court House snack bar for almost 25 years. Mr. Churchey will be leaving to manage the snack bar/cafeteria in Baltimore County. Commissioner Bowers commended Mr. Churchey, who is legally blind, on his positive outlook and thanked him for his many years at the snack bar. John Weller, on behalf of the County Employees Council, stated that Mr. Churchey is as much an institution as the Court House itself and that all the County employees will miss him. 1988 PRESERVATION AWARD Ms. Jane Hershey presented the 1988 Preservation Award to Gerald Sword on behalf of the Historic Advisory Committee. Mr. Sword was recognized for the preservation work he has done in Washington County for many years. Mr. Sword thanked the Commissioners for the award and the Historic Advisory Committee for nominating him. BEAUTIFICATION PROGRAM Leroy Burtner, Director of the Economic Development Commission, and Paulette Sprinkle, Community Coordinator, described the Beautification Award Program which will be established in the near future. Mr. Burtner stated that the purpose of the program is twofold - to recognize businesses which display outstanding civic pride by the physical appearance of the building and to encourage businesses to set high standards with their own properties. Nominations are to be sent to EDC's Advertising and Promotion Committee who will be responsible for screening and selecting candidates. Motion made by Commissioner Roulette, seconded by Irvin, to adopt the Beautification Awards Program as presented. Unanimously approved. LINE ITEM TRANSFER - NARCOTICS TASK FORCE Motion made by Commissioner Downey, seconded by Roulette, to approve the transfer requested by the Narcotics Task Force of $600 from Buy & Informant Money (01-5- 1201-529-160) to Office Furniture and Equipment (01-5-1202-687-000). Unanimously approved. BID AWARD & APPROPRIATION OF FUNDS - VOTING MACHINES Motion made by Commissioner Roulette, seconded by Irvin, to award the bid for used voting machines to Uni-lect, who submitted the low bid of $83,500, and to fund this from the Capital Budget Fund Balance account. Unanimously approved. REZONING CASE RZ-417 Owner: The Blake Company, c/o M. William J. Dutton, Jr. Applicant: The Blake Company, request to rezone 163.93 acres from A - Agricultural to HI - Highway Interchange Motion made by Commissioner Roulette seconded by Commissioner Irvin to DENY the requested rezoning from A - Agricultural to HI - Highway Interchange. Commissioners Bowers, Roulette and Irvin voted in favor of the Motion, Commissioner Downey voted against the said Motion, and Commissioner Shank abstained. 1. The report and recommendation of the Planning and Zoning Commission. The report and recommendations of the Washington County Planning Commission dated April 14, 1989 were considered by the Board of County Commissioners of Washington County, Maryland in rendering this decision. 2. The neighborhood for this particular piece of real estate consists of those properties within a one-half mile radius of the 163.93 acres which is proposed for the rezoning. MAY 16, 1989 MINUTES, CONT'D. 3. Population change in the area of the proposed change. The property included in this rezoning case is within Election District 24, but Election District 2 and Election District 26 are both located nearby. The population in all three districts has increased since 1960, but it is anticipated that the increased growth in the future will be at a decreasing rate. Washington County as a whole should increase its population at approximately 3% between 1980 and 1990. 4. Availability of public facilities in the area. There is no water and sewer service to this property, but, since the subject property has a priority designation of W-5, S-5, water and sewerage service are planned for this area and may be available within 5 to 10 years. Bus service is provided to the Valley Mall approximately 3/4 of a mile east of the subject site. 5. Present and future transportation patterns in the area. There is very little information in the way of traffic counts for Hopewell Road. However, it is believed and felt by general consensus that the traffic on Hopewell Road has increased significantly from 1975 when Hopewell Road experienced an average of 924 vehicles per day. In 1976, that count rose to 1,260 vehicles per day. Hopewell Road, at this time, is inadequate for additional traffic due to its narrow paving and poor vertical and horizontal alignment. There are no current plans to improve this portion of Hopewell Road. In 1991, however, Washington County has planned improvements to Hopewell Road in the current capital improvements program, and said project would provide a 22 foot wide pavement and 7 foot wide shoulders for a distance of 1.2 miles between the north end of the existing improved Hopewell Road to its intersection with Maryland Route 144. 6. Compatibility with existing and proposed development of the area including indication of neighboring site identified by the Washington County Historic Site Survey and subject revisions or updates. The entire area is agricultural, and the subject property, because of its location, is mostly not visible to Hopewell Road. Eleven historic sites listed on the Washington County Historic Sites Survey are located within a .5 mile radius of the proposed rezoning. Four of the historic sites are located directly adjacent to the subject property. 7. The relationship of the proposed change to the adopted plan for the County, Development Analysis Plan Map, and Policies. The site proposed for rezoning is located within the boundaries of the Urban Growth Area established by the Board of County Commissioners in August, 1983, and is also included in the vicinity of an area designated for "new community" development by the comprehensive plan for the County. The proposed rezoning is compatible with the Comprehensive Plan, however, due to the property's topography, wet soils, flood plain and possible associated wet lands, the proposed rezoning may not be compatible with some aspects of the environmental policies of the Comprehensive Plan. 8. Was there a substantial change in the character of the neighborhood where the property is located. The amendment to the Water and Sewerage Plan associated with the planned construction of the Conococheague Waste Water Treatment Plant provides the impetus to rezone this parcel. The rezoning would allow for a higher intensity of land use and affords an opportunity to establish a land area that can be served by a major public utility investment. There has in fact been a substantial change in the character of the neighborhood because of the planned construction of the Conococheague Waste Water Treatment Plant. 9. Has there been a mistake in the existing zoning classification. The County Commissioners find, following a hearing and the presentation of evidence, that there was no mistake in the existing zoning classification, as it relates to HI zoning, and that the subject property should not be zoned HI, notwithstanding the fact that several neighboring smaller properties are zoned HI. The subject property does not meet the criteria in the Zoning Ordinance for an HI district in the Zoning Ordinance because it is too far removed from the interchange. APPROVAL OF MINUTES - APRIL 17, 18 & 25, 1989 Motion made by Commissioner Irvin, seconded by Roulette, to approve the minutes of April 17, 18 & 25, 1989, as amended. Unanimously approved. MAY 16, 1989 MINUTES, CONT'D. WATER & SEWER PLAN AMENDMENT - WS -89-1 Motion made by Commissioner Roulette, seconded by Irvin, to DENY approval of an amendment to the Water & Sewer Plan, WS -89-1, submitted by David Negley based on the Planning Commissions' recommendation that this application is not in compliance with the County's Comprehensive Plan. Unanimously approved. TRANSFER OF FUNDS - HAGERSTOWN JUNIOR COLLEGE Motion made by Commissioner Downey, seconded by Irvin, to approve the transfer of funds within the Capital Budget as requested by Hagerstown Junior College from the reroofing project to the Robinwood Early Childhood Center contingent upon the College assembling the financial package needed for the project. Unanimously approved. PROJECTED SPACE/RELOCATION ARRANGEMENTS Barry Teach, County Administrator, reviewed proposed relocation arrangements for County agencies when the new building purchased by the County is ready for occupancy. The Commissioners made several suggestions and amendments to the proposal and requested that Mr. Teach check on the feasibility of the changes. APRIL YOUTH OF THE MONTH AWARD - LISA LACHENMAYR Commissioner Irvin presented a Certificate of Merit to Lisa Lachenmayr naming her the 1989 April Youth of the Month. Ms. Lachenmayr was nominated by her school counselor who described her as a "model student" who is active in many school activities and acts as a leader in many volunteer organizations. CIP TRANSFER - TRANSPORTATION Motion made by Commissioner Irvin, seconded by Shank, to transfer $200,000 from the Public Square renovation project and $15,000 for money appropriated for a copier to the building renovation project to complete the total funding package, as requested by the Transportation Commission, in the CIP Budget. Unanimously approved. SUPPLEMENTAL APPROPRIATION - POSTAGE - COURT HOUSE BUDGET Motion made by Commissioner Irvin, seconded by Downey, to approve a supplemental appropriation of $6,000 from the Commissioners' Contingency fund to the Postage line item (01-5-0171-515-000) in the Court House budget. Unanimously approved. ROAD NAME - WINDY HAVEN ROAD Motion made by Commissioner Downey, seconded by Roulette, to rename the section of road connecting MD Route 64 with MD Route 418, Windy Haven Road, as requested by the residents. Unanimously approved. AGRICULTURAL PRESERVATION DISTRICT - PUBLIC HEARING The President convened the Meeting in Public Hearing at 10:30 a.m. as advertised. Stephen Goodrich, Senior Planner, reviewed the three applications for agricultural preservation districts. Mr. Goodrich stated that AD -89-1 was submitted by Mr. & Mrs. Sylvester Golden for 457 acres located in the Hancock area; AD -89-2, submitted by Ellis and Elaine Strite for 192 acres in the Kemps Mill area; and AD -89-3 from Roy and Betty Byers for 164 acres located on the west side of Downsville Pike. Mr. Goodrich informed the Commissioners that all three appliations meet the criteria of the program and that the Planning Commission has recommended their approval. There was no one present to speak for nor against said applications and the hearing was closed. Motion made by Commissioner Roulette, seconded by Irvin, to approve AD -89-1 for the establishment of an agricultural preservation district as requested by Mr. & Mrs. Sylvester Golden for 457 acres of property located on Timber Ridge Road #1 in Hancock. Unanimously approved. Motion made by Commissioner Shank, seconded by Roulette, to approve AD -89-2 for the establishment of an agricultural preservation district as requested by Ellis & Elaine Strite for 192 acres located on Kemps Mill Road. Unanimously approved. Motion made by Commissioner Roulette, seconded by Shank, to approve AD -89-3 for the establishment of an agricultural preservation district as requested by Roy & Betty Byers for 164 acres located on the west side of Downsville Pike. Unanimously approved. BID OPENING - CONTRACT SERVICES - LANDFILL Bids for contract services for the County landfill were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows - Browning -Ferris, Inc. - $121,500 and Eastern Waste Industries - $119,100. The bids will be reviewed by appropriate officials prior to a decision being rendered. MAY 16, 1989 MINUTES, CONT'D. HOUSING MATTERS - ANTI -DISPLACEMENT POLICY AND LIVABILITY CODE Motion made by Commissioner Irvin, seconded by Shank, to adopt the Anti - Displacement and Relocation Policy as submitted by the Housing & Community Development Office as the requirements to be followed when loaning Community Development Block Grant funds and to direct the Housing & Community Development office to use the Minimum Livability Code adopted by the County to establish rehabilitation standards for County rehabilitation programs. Unanimously approved. AUTHORIZATION FOR GRANT SUBMISSION - MD HISTORICAL TRUST PHASE II Motion made by Commissioner Irvin, seconded by Downey, to authorize Neil Curran, Program Planning Coordinator, to prepare and submit an application to the Maryland Historical Trust for survey and planning projects for the Towns of Sharpsburg and Smithsburg in the amount of $27,000. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Shank, seconded by Irvin, to convene in Executive Session at 11:10 a.m. in regard to personnel, property and potential litigation in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Roulette, to reconvene in Regular Session at 12:05 p.m. Unanimously approved. RECESS The Meeting was recessed at 12:05 p.m. to allow the Commissioners to attend a luncheon at Hagerstown Junior College sponsored by the Vocational Education Program. MEETING WITH BOARD OF EDUCATION The Commissioners met with the elected Board of Education at 2:00 p.m. at the Board of Education offices to review the proposed budget. Board of Education members present were: B. Marie Byers, Barbara Stansberry, Janice Circincione, Kenneth Grove and Boyd Michael. Also present were Dr. Wayne Gersen, Superintendent of Schools, Wayne Stouffer, Tom Downs and Margaret Trader. The Commissioners identified several areas for consideration for budgetary reduction which would have no impact in the instructional program. Also brought to the attention of the Board of Education was the fact that they had a $499,000 unobligated fund balance as indicated in the FY 1988-89 audit report. The Board of Education convened in Executive Session to review personnel matters. The Commissioners returned to the Court House at 4:00 p.m. PROMOTION - COUNTY COMMUTER Motion made by Commissioner Downey, seconded by Roulette, to promote Sondra Smith, Senior Part-time Driver, to Fulltime to fill an existing vacancy at the County Commuter. Unanimously approved. EMPLOY PLANNER II - ASSOCIATE AGRICULTURAL PRESERVATION PLANNER Motion made by Commissioner Irvin, seconded by Downey to employ David Seifarth as a Planner II -Agricultural Preservation Planner in the Planning office. Unanimously approved. EMPLOY MAINTENANCE MAN I AND II - PARKS DEPARTMENT Motion made by Commissioner Downey, seconded by Irvin to employ Robert Hauck as Temporary Fulltime Maintenance Man I and Larry Jessup as Fulltime Permanent Maintenance Man II in the Parks Department to fill existing vacancies. Unanimously approved. MAY 16, 1989 MINUTES, CONT'D. FIRE & RESCUE TECHNICIANS Motion made by Commissioner Irvin, seconded by Shank, to promote James Mitchell to Fulltime Fire & Rescue Technician and to reclassify Todd Campbell to Part-time Fire & Rescue Technician, due to health reasons. Unanimously approved. APPOINTMENT - HISTORIC DISTRICT COMMISSION Motion made by Commissioner Irvin, seconded by Roulette to appoint David Kemnitzer to the Historic District Commission for a term of three years. Unanimously approved. APPOINTMENT - EMPLOYEES COUNCIL Motion made by Commissioner Shank, seconded by Roulette, to appoint Mary Becraft from the Housing & Community Development Office to the Employees' Council. Unanimously approved. BID AWARDS - ALTERATIONS AND ADDITIONS TO TRANSPORTATION BUILDING Motion made by Commissioner Irvin, seconded by Roulette, to award the following low bids: Prime Contractor - Antietam Construction, Inc. - $519,600; Mechanical - Robert F. Zeigler, Inc. - $78,888; Electrical - Funk Electric Services, Inc. - $63,748; Plumbing - Robert F. Zeigler, Inc. - $54,465; and Sprinkler System - Kennedy Fire Protection Division of R.W. Warner - $21,460. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Shank, to convene in Executive Session at 4:30 p.m. to confer with the County Attorney in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin, seconded by Downey to reconvene in Regular Session at 5:10 p.m. Unanimously approved. RECESS The Meeting was recessed at 5:10 p.m. until the Evening Session. EVENING SESSION The Evening Session was convened at 7:00 p.m. in Public Hearing in Court Room No by the President Ronald L. Bowers with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and John S. Shank. PUBLIC HEARING - CONSTANT YIELD TAX RATE AND PROPOSED FY 1989-90 BUDGET Barry Teach, County Administrator, announced that the public hearing is being held to permit residents of Washington County to testify concerning the Commissioners' intention to exceed the Constant Yield Property Tax Rate and maintain the current rate of $2.13 per $100 of assessed valuation for Fiscal Year 1989-90, fulfilling the legal requirement of Title 6-308 of the Property Tax Article of the Annotated Code of Maryland. The advertisement for this hearing appeared in the Morning Herald and Daily Mail on May 8, 1989. Mr. Teach proceeded in giving a detailed presentation of the proposed General Fund Budget which totals $64,188,600, the Highway Fund Budget in the amount of $6,856,660 and the Capital Improvement Budget in the amount of $29,107,955. The Hearing was opened for public comments and questions. After testimony was heard, Commissioner Bowers stated that the record would remain open for ten (10) days to allow the public to submit any written testimony and that the County Commissioners will formally act to set the tax rate and adopt the Fiscal Year 1990 budget at their Regular Meeting on May 30, 1989 at 10:00 a.m. in the County Commissioners Meeting Room. The hearing was closed at 8:05 p.m. and the meeting adjourned. County Attorney , Clerk