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HomeMy WebLinkAbout06.27.2000 Minutes June 27, 2000 Hagerstown, Maryland The Commissioners toured Hub Labels and attended a reception for Baltimore Airlink at the Hagerstown Regional Airport prior to convening their regular session. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 3:00 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. SENIOR AID PROGRAM – COMMISSION ON AGING Janet Shillingburg and Belinda Corbett, representing the Commission on Aging, met with the Commissioners to provide information on the Senior Aid Program, a federally-funded program that provides training to participants to assist them in obtaining employment. The program has been used to help seniors in their homes with daily tasks. She informed the Commissioners that the Department of Labor has recently ruled that participants in the program cannot go into private homes due to liability issues and that six positions were presently being used in this manner. Ms. Shillingburg stated that they would like to hire these individuals through the Commission on Aging to continue working with seniors in their homes. She estimated that it would cost $21,000 for three employees. After discussion, the Commissioners took this request under consideration. WASHINGTON COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION LENGTH OF SERVICE AWARD PROGRAM Alan Davis, Director of Human Resources, introduced Jon Ketzner and Julie Robinson of BGS&G Consulting Group, who were present to review the plan document and long-term cost projections for the Length of Service Awards Program (LOSAP) for the Washington County Volunteer Fire and Rescue Association (WCVFRA). Mr. Davis stated that the LOSAP program is a defined benefit retirement program for qualified volunteers in the WCVFRA. He reviewed the history of the program. Mr. Ketzner reviewed the plan summary and the point system that would be used to determine eligibility. Mr. Ketzner indicated that the maximum benefit would be $350 per month with 25 years of services. He stated that funding the Plan would cost $315,000 per year and payment of benefits for eligible members would begin in 2007. Mr. Davis stated that the plan would be administered by the Human Resources Department. Rick Hemphill, representing the WCVFRA, requested that the Commissioners consider including a service disability benefit. He suggested that members with 15 years of service or more be eligible for the benefit to receive the necessary number of points each year to enable them to qualify for benefits. The Commissioners discussed the information and asked the WCVFRA’s LOSAP Committee to review the proposed plan document and submit their comments in the next few weeks to allow the Commissioners to adopt the LOSAP program at the July 18 meeting. CONTRACT RENEWALS – EMERGENCY & TRANSITIONAL HOUSING & SERVICES AND HOMELESSNESS PREVENTION PROGRAM Motion made by Commissioner Swartz, seconded by Schnebly, to approve a request for submission of the Emergency & Transitional Housing & Services/Homeless Prevention Program scope of services and budget to the Department of Human Resources in order to renew the funding for Washington County for fiscal year 2001. Unanimously approved. WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES/ - FY 2001 PARTNERSHIP AGREEMENT WITH THE STATE Lisa Kalkbrenner, Fiscal Specialist for the Washington County Community Partnership for Children & Families (WCCP), along with Tom Mills and Micaela Likins, Project Managers, met with the Commissioners to review the Limited Community Partnership Agreement with the State for fiscal year 2001. Ms. Kalkbrenner informed the Commissioners that the agreement outlines the scope of the work of the WCCP Board to include the monitoring, evaluating, and fiscal/programmatic accountability of the programs in Washington County along with the distribution of grant funds. JUNE 27, 2000 PAGE TWO Motion made by Commissioner Schnebly, seconded by Swartz, to approve the FY 2001 Limited Community Partnership Agreement with the State of Maryland for the Washington County Community Partnership for Children & Families as presented. Unanimously approved. CONTRACT RENEWALS – INTERAGENCY FAMILY PRESERVATION GRANT PROGRAM, RETURN/DIVERSION GRANT PROGRAM, AND HEALTHY FAMILIES GRANT PROGRAM Motion made by Commissioner Iseminger, seconded by Swartz, to accept the recommendation of staff to renew the contracts for the following program: 1) Interagency Family Preservation program with the Washington County Department of Social Services, 2) the Return/Diversion Program with the Association for Retarded Citizens, and 3) the Healthy Families Washington County program through Washington County Health Systems, as funded through the Governor’s Office for Children, Youth & Families. Unanimously approved. PREVENTION SUPPORT PROGRAMS – GRANT AWARDS Motion made by Commissioner Swartz, seconded by Schnebly, to approve Prevention Support Program grant awards from the Governor’s Office for Children, Youth & Families to the following agencies as recommended by the Washington County Community Partnership for Children & Families: $17,340 per year to the Boys & Girls Club for Project Learn; $16,996 per year to the Family Center Partners for Reading to Succeed; $5,500 per year to the Board of Education/Hancock Middle Senior High School for All Students Can Achieve; and $8,474 to the Board of Education for the Behavior Reconstruction Program. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in closed session at 4:22 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice, and to discuss collective bargaining issues, 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 Swartz, to reconvene in open session at 5:54 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues, consulted with counsel to obtain legal advice on one (1) matter, and discussed collective bargaining issues. 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; Alan Davis, Director of Human Resources; Jonathan Topazian and Don Brook, Semmes, Bowen and Semmes;(Terry McGee, Chief Engineer; Kevin Cerron, Director of the Transportation Department; Ronald Karn, Chief of Fire and Rescue Communications; Bardonna Holsinger, 911 Communications Technician; Ted Wolford, Highway Superintendent; and Gary Rohrer, Director of Public Works. RECESS The Commissioners recessed at 5:56 p.m. EVENING SESSION The evening session was convened 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. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JUNE 20, 2000 Motion made by Commissioner Wivell, seconded by Schnebly, to approve the minutes of June 20, 2000, as amended. Unanimously approved. JUNE 27, 2000 PAGE THREE COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly reported that he attended the South County Democratic Picnic and the Children’s Village Kids Alive Fest. Commissioner Swartz reported on his meeting with the new director of the Census Bureau in Washington County and noted his concerns with the performance of the director. He stated that he met with Bob Arch, Director of Planning & Community Development, and Stacey McLeran, Director of the Recreation Department, regarding preparations for the Senior Olympics next year. Commissioner Swartz informed the Commissioners that he made the welcoming remarks at the Eagles’ Lodge state convention. He noted that he received a letter from James Powers of the local musicians union complimenting the County on the improvements made to the dance pavilion at Penmar Park. Commissioner Iseminger stated that he attended the meeting with staff on the Senior Olympics. He reported on the meeting of the Emergency Services Council. He stated that he would be unable to attend the next meeting of the Metropolitan Planning Commission and gave Commissioner Snook his proxy for that meeting. Commissioner Wivell stated that he attended a utility deregulation seminar in Baltimore. He also reported on the Solid Waste Advisory Committee meeting. Commissioner Snook reminded the Commissioners of the “Mudd” Volleyball Tournament being held to benefit the Community Free Clinic. He reported on the MACo Executive Board meeting. He informed the Commissioners of the schedule of Gaming Commission workshops. Commissioner Snook gave an update on the participation in the Western Maryland Consortium’s summer program. He also distributed information on the proposed structure for the University System steering committee. CITIZENS PARTICIPATION Greg Nearchos expressed concerns about playground equipment that is in disrepair that is located in a common area for his townhouse community. He asked the Commissioners for their help or suggestions on funding to replace the equipment. The Commissioners stated that they would have Richard Willson, Director of the Washington County Housing Authority, contact him to discuss possible sources of assistance. Mr. Nearchos stated that he was informed that the Board of Education has proposed that a barrier be built between the Funkstown Elementary School and the proposed Super Wal-Mart. He asked the Commissioners to assure that the wall is built on the developer’s property instead of the Board of Education property. The Commissioners welcomed Al Young and Judy Barton, who were in attendance as part of the external diploma program requirements. AGRICULTURAL TRANSFER TAX RECOMMENDATION Eric Seifarth, Farmland Preservation Planner, met with the Commissioners to discuss the implementation of a two-percent County agricultural transfer tax. Mr. Seifarth stated that the County Commissioners have the authority to impose a county agricultural transfer tax with the funding to be used specifically for the purchase of agricultural land preservation easements. He indicated that the Agricultural Preservation Advisory Board had voted to approve the implementation of the additional tax. Mr. Seifarth estimated that the County could expect an increase of $100,000 per year. That amount could be used to leverage the 60/40 matching program to yield about $250,000 per year, an amount sufficient for the purchase of an easement on one average size farm. Commissioner Iseminger proposed that the County request legislation to ask that a portion of the State’s surplus funds be directed toward agricultural preservation programs. Commissioner Snook stated that the State’s surplus has already been spent. Commissioner Wivell stated that he feels any general fund monies previously designated for the agricultural preservation program should now be applied to debt reduction. JUNE 27, 2000 PAGE FOUR Motion made by Commissioner Swartz, seconded by Iseminger, to accept the recommendation to adopt a resolution instituting a 2% county agricultural transfer tax to become effective July 1, 2000, following the same criteria used in the State’s agricultural transfer tax law, with any general fund monies designated for the agricultural preservation program to be used for debt reduction. After discussion, a motion was made by Commissioner Swartz, seconded by Commissioner Iseminger, to withdraw the motion. Unanimously approved. Motion made by Commissioner Swartz, seconded by Iseminger, to accept the recommendation to adopt a resolution instituting a 2% county agricultural transfer tax to become effective July 1, 2000, following the same criteria used in the State’s agricultural transfer tax law, with any current general fund monies not needed to guarantee the current appropriate for the agricultural land preservation program to be designated to go to cash reserves. Motion carried with Commissioner Swartz, Iseminger, Schnebly and Snook voting “AYE” and Commissioner Wivell voting “NO.” REZONING APPLICATION – RZ-00-006 (EVERGREEN PROPERTIES, LLC) Mr. Douglas reviewed the application for map amendment RZ-00-006 submitted by Evergreen Properties, LLC, that the subject property be rezoned from the present combination of Planned Business & Agricultural to 1) Business General (7.46 acres), 2) Residential Urban (39.05 acres), and 3) Residential Multi-Family (43.38 acres). Motion made by Commissioner Schnebly, seconded by Swartz, to accept the definition of the “neighborhood” as described by the applicant: bounded on the east by Marsh Run, on the south by CSX railroad and an arbitrary northwest line through the City of Hagerstown intersection with the main line of the CSX railroad, the line that constitutes the west boundary. The north boundary is Longmeadow Road to Md. Route 60 and along a short section of Md. Route 60 to Marsh Run. Unanimously approved. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, to adopt the findings of fact prepared by the County Attorney from Planning staff reports, a copy of which is attached to these minutes. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, that there has been a substantial change in the character of the neighborhood where the property is located, based on the following: 1) construction of Eastern Boulevard; 2) improvements to the intersection of Eastern Boulevard and Potomac Avenue; 3) construction of sewer and water lines in the area; 4) recent rezoning in the area; and 5) the pending development of a new YMCA in the area. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, that there was a mistake in the original zoning based on the following reasons: that authorities failed to take into consideration foreseeable trends that made Planned Business zoning inappropriate for the subject property. These trends are identified as the location of shopping centers on tracts this size in areas that have direct access to the Interstate highway system; 2) the property has been zoned as Agricultural and Planned Business for many years and no one has attempted to develop the property in the current zoning classification; and 3) the property in the Agricultural area borders the largest urban area in Washington County. Motion carried with Commissioners Schnebly, Swartz, and Snook voting “AYE” and Commissioners Iseminger and Wivell voting “NO.” Motion made by Commissioner Schnebly, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Planned Business and Agricultural to Business General (7.46 acres) would be appropriate and logical for the subject property because the zoning classifications are very similar, the change would have little effect on what could be placed on the property, and that the new zoning would be compatible with surrounding properties. Unanimously approved. JUNE 27, 2000 PAGE FIVE Motion made by Commissioner Schnebly, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Planned Business and Agricultural to Residential Urban (39.05 acres) would be appropriate and logical for the subject property because it is consistent with the Comprehensive Plan since it is located within the Urban Growth Area and borders the largest urban area in Washington County. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Planned Business and Agricultural to Residential Multi-family (43.38 acres) would be appropriate and logical for the subject property for the following reasons: 1) It is consistent with the Comprehensive Plan which is intended to have some flexibility, 2) The property is located within the Urban Growth Area, 3) The property borders the largest urban area in Washington County, 4) The necessary infrastructure is in place, and 5) The rezoning accomplishes the long-term goals of planning to ease pressure on land use by accommodating population growth within designated growth areas. Commissioner Iseminger suggested that conditions be placed on the rezoning, restricting access onto Eastern Boulevard and providing for on-site compliance with the Forest Conservation Ordinance to buffer the site. Richard Douglas, County Attorney, advised the Commissioners that these conditions would require the publication of notice and an opportunity to comment on the conditions, or possibly another public hearing. Commissioner Iseminger then withdrew the suggested conditions after being assured by the Planning Director that these issues would be addressed by the Planning Commission in the process of site plan review. Motion carried with Commissioners Schnebly Swartz, Iseminger, and Snook voting “AYE” and Commissioner Wivell voting “NO.” Motion made by Commissioner Schnebly, seconded by Swartz, based upon the previous motions, that the proposed rezoning from Planned Business & Agricultural to Business General (7.46 acres) be granted. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, based upon the previous motions, that the proposed rezoning from Planned Business & Agricultural to Residential Urban (39.05 acres) be granted. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, based upon the previous motions, that the proposed rezoning from Planned Business & Agricultural to Residential Multi-family (43.38 acres) be granted. Motion carried with Commissioners Schnebly Swartz, Iseminger, and Snook voting “AYE” and Commissioner Wivell voting “NO.” COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the County received the final permit from the Maryland Department of the Environment for the 40 West Landfill today. He stated that staff is working on an agreement to allow the Parks Department to operate the tennis courts in Maugansville. Mr. Shoop informed the Commissioners that the recordation tax costs paid by the Town of Boonsboro for the purchase of land is an eligible expense under Program Open Space and that it would therefore not make sense for the County to reimburse the tax to the Town as requested. BUDGET TRANSFER – PRETREATMENT PLANT Motion made by Commissioner Wivell, seconded by Iseminger, to approve the request to transfer $100,000 from excess revenues that are above the approved budgeted revenues in the pretreatment fund to Utilities to cover the additional electricity used due to increased usage of the pretreatment plant ($26,000) and for a bond interest payment in the amount of $74,000. Uanimously approved. CHANGE ORDERS – 40 WEST LANDFILL Motion made by Commissioner Iseminger, seconded by Swartz, to approve a change order in the amount of $71,506.50 for additional clearing and grubbing needed at the 40 West Landfill by C. William Hetzer. Motion did JUNE 27, 2000 PAGE SIX not carry with Commissioners Iseminger and Snook voting “AYE,” Commissioners Wivell and Swartz voting “NO” and Commissioner Schnebly “ABSTAINING.” The Commissioners asked that this issue be renegotiated with the contractor. Motion made by Commissioner Wivell, seconded by Swartz, to negotiate with the architectural design firm for failure to locate a berm at the correct location at the 40 West Landfill. The mistake required a change order in the amount of $32,497.80 with C. William Hetzer, Inc. Unanimously approved. RECOMMENDATION TO EMPLOY CIVIL ENGINEER – ENGINEERING DEPARTMENT Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the recommendation to employ Roger Goodwin as Civil Engineer, Grade 14, at a starting salary of $43,000, to fill an existing vacancy in the Engineering Department. Motion carried with Commissioners Iseminger, Schnebly, Swartz and Snook voting “AYE” and Commissioner Wivell voting “NO.” JOINT USE AGREEMENT – HANCOCK COMMUNITY GYMNASIUM Motion made by Commissioner Iseminger, seconded by Wivell, to approve a joint use agreement between the County, the Board of Education, and the State Department of Natural Resources for the Hancock community gymnasium to allow the use of State Program Open Space funds in the project. Unanimously approved. DESIGNATION OF CIRCUIT COURT FOR COLLECTION OF RECORDATION TAX Motion made by Commissioner Iseminger, seconded by Swartz, to designate the Clerk of the Circuit Court as the official to collect the County’s recordation tax, contingent upon verification that administrative fees charged by the Clerk would not be increased. Unanimously approved. RE/APPOINTMENTS – MENTAL HEALTH ADVISORY COMMITTEE AND COMMISSION FOR WOMEN Motion made by Commissioner Iseminger, seconded by Swartz, to reappoint Sharon Smith and Connie Pauley to the Mental Health Advisory Committee for their second three-year terms and to appoint Allison Fisher and Erma Monroe to the Committee for three-year terms; and to appoint Patricia Crowley, Shelby Higgins, Cheryl Moyer Walkley and Kelly Wilhelm to the Commission for Women for three-year terms and to appoint Brenda Haynes for a two-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at 8:53 p.m. Unanimously approved. , County Administrator , County Attorney , County Clerk