Loading...
HomeMy WebLinkAbout05.23.2000 Minutes May 23, 2000 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, 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 – MAY 16, 2000 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of May 16, 2000, as presented. Unanimously approved. The Commissioners agreed to delay voting on the May 9 minutes in order to have additional time to review the resolution drafted by the County Attorney regarding funding for the Roundhouse Sports Complex. 1999 HISTORIC PRESERVATION AWARD – TODD & TRACEY BOWMAN Commissioner Snook presented the 1999 Historic Preservation Award to Todd and Tracey Bowman in recognition of their contribution made to historic preservation in Washington County. Commissioner Snook stated that the Bowmans were selected for the award by the Historical Advisory Commission for their restoration of Woburn Manor and the adaptive reuse of the Bruce Lightner property by Bowman Sales & Development. Mr. & Mrs. Bowman thanked the Commissioners for their efforts in support of historical preservation and distributed “before and after” photographs of the renovations to Woburn Manor. PROCLAMATION – NATIONAL PUBLIC WORKS WEEK Commissioner Swartz presented a proclamation to Gary Rohrer, Director of Public Works, designating the week of May 22-26, 2000 as National Public Works Week in recognition of the outstanding services that the County’s public works professionals provide to the citizens of Washington County. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly reported on the meetings of the Local Management Board and Airport Commission. He also reported on the Goodwill Industries board meeting. Commissioner Schnebly requested that the Commissioners discuss the letter from Dr. Bartlett, Superintendent of Schools, regarding representation on a task force to discuss staffing and facilities. He informed the Commissioners that he provided welcoming remarks at the commencement ceremony at Hagerstown Community College. Commissioner Wivell reported on the Social Services Board meeting. Commissioner Iseminger informed the Commissioners that he agreed to serve as Commissioner representative on the Healthy Families Board. He reported on the meetings of the Public Golf Corporation, the Agricultural Education Center Board, and the Emergency Services Council. Commissioner Iseminger informed the Commissioners that he presented the proclamation for the National Pike Festival. He stated that he would be serving on the MACo Educational Subcommittee. Commissioner Snook informed the Commissioners that he was notified that the Insurance Services Office upgraded the classification of the Leitersburg area from a class 9 to a class 6 and that the residents could be eligible for reductions in insurance rates as a result. He stated that he met with representatives of the University System’s Greenbaum Cancer Center and was informed of advancements in the field of cancer research. DISCUSSIONS ON REFERENDUM FOR ROUNDHOUSE STADIUM COMPLEX Richard Douglas, County Attorney, provided information to the Commissioners on the requirements of the Maryland Constitution for placing an item on the ballot for referendum. He stated that the subject of the referendum must be a particular act of the legislature. A referendum petition containing the signatures of 10% of the qualified voters of a particular jurisdiction MAY 23, 2000 PAGE TWO must be submitted to the Secretary of State, and the signatures verified by the election board for that jurisdiction, before the legislation can be placed on the ballot for referendum. Mr. Douglas reviewed the factors involved to determine whether a particular act may be taken to referendum. He stated that the final opinion would come from the Office of the Secretary of State, but it would appear from a cursory review of the case law that Chapter 200 of the Laws of Maryland 2000 providing funding for the proposed Roundhouse Sports Complex would be inappropriate for a referendum under one of the specific exceptions in the constitution. REPORT ON COMPLETION OF NEW FINANCIAL MANAGEMENT SYSTEM Kim Edlund, Assistant Director of Finance, met with the Commisisoners to provide an update on the final phase of the implementation of the new financial software system. Ms. Edlund informed the Commissioners that Phase 3 went “live” on March 1, and that the staff has been operating the system without on-site consultant support since April 7. She then demonstrated how employees could use the PeopleSoft system to obtain the month-end financial reports. Diane Mongan, representing the Highway Department, and Greg Murray, Director of the Water & Sewer Department, provided information on how the system is being utilized by their departments. Ms. Edlund distributed a summary of project costs. She stated that the cost of the project is under the projected budget by $189,902.14. Ms. Edlund thanked the members of the Steering Committee and the functional and technical leads. She informed the Commissioners that a task force has been formed to address any issues that may arise. Commissioner Snook thanked the implementation team for its hard work and dedication to the project. REZONING MAP AMENDMENT RZ-00-001 – TRIAD PROPERTIES Richard Douglas, County Attorney, reviewed map amendment RZ-00-001, submitted by Triad Properties to rezone the subject property from Agricultural to Residential Suburban. 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. Motion carried with Commissioners Iseminger, Swartz, Snook, and Wivell voting “AYE” and Commissioner Schnebly ”ABSTAINING.” Motion made by Commissioner Iseminger, seconded by Wivell, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached to these minutes. Motion carried with Commissioners Iseminger, Swartz, Snook, and Wivell voting “AYE” and Commissioner Schnebly ”ABSTAINING.” A copy of the adopted findings of fact is attached. 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 significant upgrades of the roads and infrastructure along Mt. Aetna Road and Robinwood Drive, including the installation of traffic signals, road widening, intersection improvements and the provision of water and sewer, 3) the location of the property in the County’s Urban Growth Area, and 4) the finding that the zoning classification would maximize use of the existing infrastructure and is compatible with existing residential development. Motion carried with Commissioners Iseminger, Swartz, and Snook voting “AYE,” Commissioner Wivell voting “NO” and Commissioner Schnebly “ABSTAINING.” Motion made by Commissioner Iseminger, seconded by Wivell, that there has been a convincing demonstration that the proposed rezoning from Agricultural to Residential Suburban would be appropriate and logical for the subject property based on the staff report and recommendation of the Planning Commission, the County’s policies on the use of existing infrastructure, its location within the Urban Growth Area, and the ability to offer housing diversity and choice. Motion carried with Commissioners Iseminger, Swartz, and Snook voting “AYE,” Commissioner Wivell voting “NO” and Commissioner Schnebly “ABSTAINING.” MAY 23, 2000 PAGE THREE A motion was made by Commissioner Iseminger, seconded by Wivell, based upon the previous motions for rezoning case RZ-00-001, that the proposed rezoning from Agricultural to Residential Suburban is granted. Motion carried with Commissioners Iseminger, Swartz, and Snook voting “AYE,” Commissioner Wivell voting “NO” and Commissioner Schnebly “ABSTAINING.” The Commissioners discussed the application and emphasized the need for the Planning Commission, when reviewing the site plan, to take the surrounding neighborhood into consideration, require adequate buffering, and require on- site plantings to comply with the forest conservation ordinance. REZONING CASE RZ-00-004 – ARTHUR & JUDITH WILLIAMSON Richard Douglas, County Attorney, reviewed rezoning map amendment RZ-00-004 that was submitted by Arthur and Judith Williamson for a Historic Overlay designation and provided additional information on the differences between an overlay and a floating zone. Motion made by Commissioner Schnebly, seconded by Iseminger, to make the findings of fact as set forth in the report of the County Attorney and the recommendation of the Planning Commission. Unanimously approved. A copy of the adopted findings of fact is attached. Motion made by Commissioner Schnebly, seconded by Iseminger, to find that the subject property meets the criteria that make it eligible to receive Historic Preservation overlay zoning because the structure demonstrates the distinctive characteristics of the mid 19th century architecture and is equivalent to the regional vernacular construction patterns of the period. 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, is consistent with the goals and objectives of the Comprehensive Plan, and helps to retain the historical character of the County. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, based on the previous motions, that the proposed rezoning from A- Agricultural to A/HP - Agriculture with Historic Preservation overlay be granted as it meets the criteria of Section 20.5 of the Zoning Ordinance and is consistent with the goals and objectives of the Comprehensive Plan. Unanimously approved. REQUEST FOR NEW ROAD NAME – LAZY ACRES LANE Motion made by Commissioner Schnebly, seconded by Swartz, to designate a previously unnamed lane located off the north side of Dellinger Road as “Lazy Acres Lane” as requested by the property owners. Unanimously approved. The Commissioners discussed delegating authority to the Planning Director to approve requests for new road names with the concurrence of Fire & Rescue Communications and the Planning Commission. They agreed to ask the County Attorney to determine if this would require a change in the ordinance. FISCAL YEAR 2001 PROGRAM SUBMISSION – APPALACHIAN REGIONAL COMMISSION Robert Arch, Director of Planning & Community Development, presented the proposed program submission for the Appalachian Regional Commission (ARC) for Fiscal Year 2001. He informed the Commissioners that the Planning Department acts as the point of contact for the ARC, gathering the requests and forwarding them to the ARC for review and approval. Mr. Arch presented the nine project proposals for the Commissioners’ review. The Commissioners discussed whether to prioritize the projects this year and agreed that they would like to do so. Mr. Arch explained that the ARC is a secondary funding source that requires a primary grant source before being considered. Motion made by Commissioner Iseminger, seconded by Schnebly, to submit program submission package as presented for Fiscal Year 2001 to the Appalachian Regional Commission. Unanimously approved. MAY 23, 2000 PAGE FOUR CITIZENS PARTICIPATION Donald Allensworth commented on the County’s rezoning of the Triad parcel on Mt. Aetna Road. He also commented on a letter to the editor in the Herald Mail congratulating a local delegate on legislation that was adopted. Nora Baker presented letters from residents of the Halfway area expressing their concerns regarding the likelihood of increased traffic if a rezoning is granted for a parcel of property near Maryland Route 632. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, introduced An Le to the Commissioners. Ms. Le is a second-year law student who will be the law intern in the County Attorney’s office this summer. Mr. Shoop reviewed the new sign-up procedures that will be used at the public hearing tonight. He also reported on the Municipal League meeting. Commissioners Schnebly and Wivell agreed to serve on the task force being created by the Board of Education to evaluate the fixed cost of facilities and staffing and to make recommendations on ways to reduce costs. REAPPOINTMENTS – AGRICULTURAL EDUCATION CENTER Motion made by Commissioner Iseminger, seconded by Schnebly, to waive the two consecutive term limit policy and reappoint William Poffenberger, Garnet Gehr, and William Zepp to the Agricultural Education Center Board of Directors for three-year terms and to reappoint Pete Callas for a three-year term retroactive to April 1, 1999. Unanimously approved. REAPPOINTMENTS – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Schnebly, seconded by Wivell, to reappoint Peggy Bushey, Frank Erck, James Pierne, and J.D. Rinehart to the Economic Development Commission for three-year terms. Unanimously approved. CONTRACT OF SALE AND DONATION - DANIEL SHEEDY Motion made by Commissioner Schnebly, seconded by Swartz, to approve a contract of sale with Daniel M. Sheedy and R. Edwin Brown to purchase an unimproved parcel of land designated as “out-lot-one” in Section D of the Londontowne Subdivision for the sum of $15,000 and to agree to consider the difference of $23,900 between the purchase price and the fair market value of the parcel as a donation of seller and all or a part of the seller’s participation in the present or contemplated improvement of Landis Road. Unanimously approved. SUBDIVISION STREET ACCEPTANCE - WALNUT POINT HEIGHTS Motion made by Commissioner Iseminger, seconded by Swartz, to accept the deeds for portions of Business Parkway, Azalea Drive, Hibiscus Drive, White Pine Drive, and Rhododendron Drive, located in the Walnut Point Heights Subdivision Sections I and II, into the County highway system. Unanimously approved. BID AWARD – RENO MONUMENT ROAD CULVERT REPLACEMENT Motion made by Commissioner Schnebly, seconded by Wivell, to award the contract for the Reno Monument Road culvert replacement project to Henson & Son, Inc., which submitted the low responsible, responsive bid of $45,137. Unanimously approved. BID AWARD – ONE TWO-WHEEL DRIVE CAB & CHASSIS WITH SERVICE BODY, 1-1/2 TON CRANE AND AIR COMPRESSOR Commissioner Iseminger brought up for discussion whether to award a contract for a one two-wheel drive cab and chassis with service body, one ½-ton crane and air compressor to Hagerstown Ford, which submitted the the second low bid of $62,085. Motion made by Commissioner Schnebly, seconded by Wivell, to award a contract for one two-wheel drive cab and chassis with service body, one ½-ton crane and air compressor to Keystone Ford, which submitted the low responsive, responsible bid of $61,963. Unanimously approved. MAY 23, 2000 PAGE FIVE SOLE SOURCE CONTRACT AWARD – GRINDER PUMPS Motion made by Commissioner Wivell, seconded by Iseminger, to award a sole source contract for the procurement of eighteen (18) Myers simplex grinder pump packages at $2,743 each and for two (2) Myers duplex grinder pumps at $5,894 each for a total of $61,162 to Shafer, Troxell & Howe (STH). The award is a sole-source procurement based on Sections 1-106.2(a)(1) and (2) of the Code of the Public Local Laws of Washington County. Unanimously approved. CONTRACT AWARD – LANDFILL INSPECTION SERVICES Motion made by Commissioner Schnebly, seconded by Iseminger, to award a contract for landfill inspection services to Cumberland Geotechnical Consultants, Inc. which submitted the low responsive, responsible proposal based on the hourly rates specified: Construction Inspector (straight time and overtime) - $36, Senior Construction Inspector (straight time and overtime) - $40. Unanimously approved. BID AWARD – HAULING & DISPOSAL OF MUNICIPAL SOLID WASTE FROM RESH ROAD LANDFILL Motion made by Commissioner Wivell, seconded by Schnebly, to award the contract for hauling and disposal of municipal solid waste from the Resh Road landfill to IESA Corporation, which submitted the low responsible, responsive bid of $304,400 ($38.05 per ton unit price). Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:36 a.m. for lunch AFTERNOON SESSION The afternoon session was called to order at 1:02 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, Jr., and William J. Wivell. FIRE & RESCUE ASSOCIATION – TERRITORY AGREEMENTS Jay Grimes, President of the Washington County Volunteer Fire & Rescue Association (WCVFRA), met with the Commissioners to request their approval of boundary agreements between the Smithsburg Ambulance Squad and the Community Rescue Service and between Community Rescue Service and Williamsport Ambulance Service. Mr. Grimes stated that the WCVFRA by-laws of the Association require that any proposed boundary changes be presented to the Commissioners for their approval. Mr. Grimes outlined the boundary changes proposed by the Williamsport Ambulance Service to include an area near the intersection of Route 40 and 144 that is currently served by Community Rescue Service (CRS). He stated that this would bring those companies in line and allow the residents of the area to be served by the closest company. Mr. Grimes indicated that the request was approved by the Association based on the adopted criteria. Ron Horn and Michael Nye, representatives of CRS, stated that they are appealing the decision and feel that CRS should be compensated for the loss of territory. Mr. Nye indicated that the loss would be approximately $2,000. Mr. Grimes stated that when the last boundary alignment occurred, the Commissioners chose to reimburse the company over a five-year period. The Commissioners took the matter under consideration. Mr. Grimes then reviewed the boundary agreement between Smithsburg Ambulance Service and CRS. He stated that Smithsburg did not take all their designated area when the boundaries were realigned because they did not feel they could serve the entire area with the membership they had at that time and the territory was given to CRS. Smithsburg Ambulance has now increased its membership and would like to have the boundaries realigned to allow them to serve the area previously given to CRS. Mr. Grimes noted that Smithsburg is the closest ambulance company to this area and that the recommendation of the Association is to accept the proposal. He informed the Commissioners that the reimbursement to CRS has been calculated at $14,947.50. Mr. Horn asked that the area in question should be recalculated and that the reimbursement should be higher than that presented. Mr. Grimes suggested that the transition be approved after the MAY 23, 2000 PAGE SIX mileage is verified. Jason Sturm, Chief of Smithsburg EMS, stated that they are willing to pay 50% of the transition cost to CRS to speed up the process. The Commissioners asked the Association to verify the mileage and compensation and took the request under consideration. Mr. Grimes informed the Commissioners that Maugansville has recently upgraded its fire squad to include rescue capability. He stated that the companies adjoining Maugansville have agreed that this service is needed. Mr. Grimes indicated that it should be considered as a new service and, therefore, would have to be approved by the Commissioners. Mr. Horn stated that it is an enhancement and that CRS supports the request. Phil Ridenour, Chief of the Maugansville Fire Company, spoke in support of the request and stated that it is an enhancement of the service currently provided. The Commissioners took this request under consideration. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Wivell, to convene in closed session at 1:58 p.m. to consult with counsel to obtain legal advice and to consider proposals for businesses or industrial organizations to locate, expand, or remain in the State, 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 Swartz, to reconvene in open session at 2:35 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter and considered one (1) 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, Jr., John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Richard W. Douglas, County Attorney; John Martirano; Assistant County Attorney; Joni L. Bittner, County Clerk; and Timothy Lung, Senior Planner. RECESS – TOUR OF CAVETOWN PLANING MILL & CAVCO HOMES The Commissioners recessed at 2:35 p.m. in order to tour Cavetown Planing Mill and Cavco Homes. Cavetown Planing Mill has been in business in Washington County since 1881. EVENING SESSION - PUBLIC HEARING - PROPOSED FISCAL YEAR 2001 BUDGET AND CONSTANT YIELD TAX RATE The evening session of the Board of County Commissioners of Washington County, Maryland, was called to order at Kepler Theater at Hagerstown Community College at 7:00 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. The public hearing was held to consider the proposed Fiscal Year 2001 budget for Washington County and the proposed increase in the property tax. Rodney Shoop, County Administrator, announced that this public hearing is being held to permit the residents of Washington County to comment on the Commissioners’ intention to increase the current property tax rate from $2.31 per $100 of assessed valuation to $2.37 per $100 of assessed valuation for Fiscal Year 2001 as required by Section 6-308, Tax-Property Article, Annotated Code of Maryland, to increase the local income tax rate by ten percent, and to review the proposed Fiscal Year 2001 budget as advertised. Mr. Shoop also stated that the Commissioners would continue the adopted interest rate of 6% with regard to service charges associated with the semi-annual tax payments. Mr. Shoop announced that, in accordance with provisions of the Tax-Property Article, the Board of County Commissioners intends to adopt the tax rate for Fiscal Year 2001 on Tuesday, May 30, 2000, in the Commissioners’ meeting room in the County Administration Building. Mr. Shoop presented Washington County’s vision statement and 1999 goals as well as the initiatives developed by the County Commissioners for their term of office. Mr. Shoop indicated that the proposed budget is a balanced MAY 23, 2000 PAGE SEVEN budget that provides significant increases in funding for education, improves funding for public safety, and promotes economic expansion. At this time he reviewed the projected revenues for fiscal year 2001 for property tax, income tax, and other sources. Mr. Shoop reviewed the proposed General Fund budget which totals $121,459,105; the Capital Improvement Projects budget in the amount of $20,187,110; the Special Revenue Funds (Highway Funds - $6,408,930 and Solid Waste Fund - $4,060,400); the Transportation Fund - $1,453,882; Airport Fund - $1,053,280; Golf Course Fund - $1,176,030; Water & Sewer General Services - $2,223,555; Water Fund - $1,179,735; and Sewer Fund - $8,489,897; Pretreatment Fund - $1,304,221. He stated that the total proposed budget is $168,996.145. He stated that the proposed budget increased funding to education by 6.1%, maintains County services, and improves public safety. The hearing was then opened for public testimony. After all testimony was given, Commissioner Snook adjourned the hearing at 9:35 p.m. ____________________________ County Administrator ____________________________ County Attorney , Clerk