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HomeMy WebLinkAbout08.22.2000 Minutes August 22, 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: Paul L. Swartz, Bertrand L. Iseminger, Jr., 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly voiced concerns about the rating systems for performance evaluations. He asked that training sessions for supervisory personnel be held to assure that County employees are being judged fairly and appropriately in the evaluation system. Commissioner Swartz continued the discussion on performance evaluations. He stated that he believes that all five Commissioners should take part in evaluating the County Administrator. He also reported on the meetings of the Disability Advisory Committee and CASA. Commissioner Swartz stated that he attended the technology breakfast sponsored by the Chamber of Commerce. Commissioner Iseminger reported on the meeting of the Maryland Association of Counties (MACo) subcommittee on education and the MACo annual summer conference. Commissioner Wivell stated that he attended the technology breakfast and asked for a presentation on the status of County technology to include issues such as the County’s ability to tie into the State system. He also reviewed information presented in the Governor’s address at the MACo conference. The Commissioners then discussed the need for additional State funding for education to the counties and the best way to inform the Governor of their position. Commissioner Wivell also reported on the meeting of school bus drivers. Commissioner Snook reminded the Commissioners that Everybody’s Day will be held at PenMar Park on Sunday, August 27. He stated that there will be an open house at the Village at Robinwood on September 15. RECOGNITION OF WATER & SEWER DEPARTMENT EMPLOYEES Commissioner Snook presented a plaque to Water & Sewer Department employees Rick Stevens, Chief Operator, Fred Hartley and Marc Albowicz, Operators, who were recognized by Aqua-Aerobic Systems, Inc. for outstanding AquaSBR plant performance at the Smithsburg Wastewater Treatment Plant. Commissioner Snook stated that the three were recognized for operating excellence by using plant design and monitoring data to incorporate innovative techniques and operational changes to maintain plant compliance with environmental permit requirements. He also stated that these improvements have lead to the removal of a consent order by the Maryland Department of the Environment that would have necessitated major capital improvements at the wastewater treatment plant. The Commissioners thanked the employees for doing an outstanding job. WASHINGTON COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION – RECOMMENDATIONS ON REQUESTS FOR TERRITORY AGREEMENTS AND REIMBURSEMENT FOR LOSS OF TERRITORY Robert Cumberland, Administrator for the Washington County Volunteer Fire and Rescue Association (WCVFRA), reviewed the recommendations made by the WCVFRA. He stated that the WCVFRA has voted to approve the territory agreement between the Williamsport Ambulance Squad, Community Rescue Squad (CRS), and the Volunteer Fire Company of Halfway. The WCVFRA has reviewed the request and approved the proposed boundary change. Mr. Cumberland stated that this recommendation does not include compensation to CRS for the loss of territory. Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the amendment to the territory agreement between the Williamsport Ambulance Squad, Community Rescue Service, and the Volunteer Fire Company of Halfway AUGUST 22, 2000 PAGE TWO as presented and recommended by the Washington County Volunteer Fire & Rescue Association. Unanimously approved. Mr. Cumberland also informed the Commissioners that the WCVFRA voted to approve the request made by the Maugansville Volunteer Fire Company for a rescue squad. Mr. Cumberland informed the Commissioners that the Squad meets the standards of the WCVFRA as a rescue squad. Motion made by Commissioner Swartz, seconded by Iseminger, to approve the request made by the Maugansville Volunteer Fire Company to recognize the squad as an established rescue squad in accordance with the recommendation of the Washington County Volunteer Fire & Rescue Association. Unanimously approved. Mr. Cumberland outlined the territory agreement between Smithsburg Ambulance Squad and Community Rescue Service. He stated that the WCVFRA recommends that the Commissioners approve the request to include the reimbursement of CRS for the loss of territory. Mr. Cumberland stated that the loss of territory is valued at $44,842.50. The WCVFRA is recommending that CRS be compensated by the County at $14,947.50 each year for the next three years. He also indicated that the chiefs of both companies have reviewed and agreed to the mileage within the boundary change. The Commissioners discussed the recommendation and agreed to compensate CRS for the loss of territory in the total amount of $44,947.50, $14,947.50 each year for the next three years, with funds to be taken from the contingency fund for this fiscal year and budgeted in the General Fund for the remaining two years. Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the amendment to the territory agreement between the Smithsburg Ambulance Squad and Community Rescue Service, as presented and recommended by the Washington County Volunteer Fire & Rescue Association, and to provide compensation ($44,842,59) to Community Rescue Service for the loss of territory over a three-year period ($14,947.50 each year) with funds for FY 2001 to be taken from the contingency fund and the following two years from the General Fund budget. Unanimously approved. MORATORIUM – FUNDING OF FIRE & RESCUE BOUNDARY CHANGES Rodney Shoop, County Administrator, asked the Commissioners to consider placing a moratorium on funding compensation of boundary changes for fire and rescue companies. He stated that the County cannot anticipate these requests and does not have money budgeted for them. Mr. Shoop asked the Fire & Rescue Association if it would consider developing a policy on this issue. Michael Nye, President of Community Rescue Service, proposed that the company acquiring the additional territory pay the company losing territory. The WCVFRA agreed to develop a policy to address boundary changes and to have it to the Commissioners for their review within six months to allow for FY 2002 budget preparation. Motion made by Commissioner Wivell, seconded by Swartz, to place a moratorium on County funding of boundary changes for fire and rescue companies until a policy is adopted. The motion was amended to include a time limit of six months for the WCVFRA to submit its draft report and policy for the Commissioners’ consideration to permit funding to be budgeted for FY 2002. Unanimously approved. UPDATE ON FIRE & RESCUE ISSUES Mr. Cumberland provided an update on the physical examinations for volunteer fire and rescue personnel. He stated that he met with Brian Overcash, Safety Coordinator, and representatives from the Community Free Clinic regarding the testing requirements for certification of fire and rescue volunteers. Mr. Cumberland informed the Commissioners that the Clinic does not have the ability to do all the necessary testing. He indicated that the WCVFRA is now in the process of obtaining quotes from vendors for the necessary physical examinations. Mr. Cumberland informed the Commissioners that he has reviewed the mileage issues relating to the Boonsboro and Potomac Valley territories and has met AUGUST 22, 2000 PAGE THREE with the chiefs of the Boonsboro Volunteer Fire Company and the Potomac Valley Volunteer Fire Company. He stated that the companies have now resolved the outstanding issues. Mr. Cumberland said that there may be changes in the operating procedures, but the territory of each company will probably remain the same. CITIZENS PARTICIPATION Don Allensworth reviewed the Governor’s address with regard to Smart Growth and commented on State programs on urban development. He indicated that the State should have multiple approaches to land development. Beverly Baccala, President of the Board of Directors for Discovery Station, and Maggie Brill, Corporate Secretary, requested that the County waive the fees for use of the rubble landfill for one dumpster load on August 26. She stated that the cost would be approximately $350. Ms. Baccala informed the Commissoners that BFI would be donating a dumpster for them to use during renovation of their new facility. Motion made by Commissioner Schnebly, seconded by Iseminger, to waive the rubble landfill fee of approximately $350 for the dumpster load for Discovery Station, Inc., for Saturday, August 26, and to reimburse the Department of Solid Waste from the Commissioners’ contingency fund. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Norman Bassett, Training Coordinator, distributed a brochure for the new training sessions being offered for County supervisors and office associates in conjunction with Hagerstown Community College. He stated that he hopes this will lead to a certification program for County employees. REQUEST FOR QUITCLAIM CONVEYANCE - CHARLES AND SANDRA MCCLURE Dean Lowry, Real Property Administrator, and John Martirano, Assistant County Attorney, reviewed a proposed quitclaim conveyance of land to Charles and Sandra McClure relating to two corners of the McClure’s house which are encroaching upon a 30’ sewer easement. The Commissioners asked for additional information before they take action on this matter. MEMORANDUM OF UNDERSTANDING – CITY OF HAGERSTOWN REHAB INSPECTIONS Motion made by Commissioner Iseminger, seconded by Swartz, to approve the Amended Memorandum of Understanding with the City of Hagerstown for inspection services for the County’s housing rehabilitation program. Unanimously approved. REVISED STREET ACCEPTANCE POLICY Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to request that they adopt revised Policy S-3 – Acceptance of Newly Constructed Public Streets into the Washington County Highway System. Mr. Rohrer reviewed the key changes to the policy with the Commissioners. He stated that the revisions provide that until newly constructed streets and associated rights-of-way are conditionally accepted in accordance with the policy, building permits would not be issued and structures served by public streets shall not be occupied. Mr. Rohrer indicated that the County has experienced difficulty with damage to streets that are newly constructed or nearly completed. He also recommended that a performance surety equal to 50% of the cost of the subject road construction and all associated drainage facilities, plus an additional 20% for administrative fees be required. Dean Lowry, Real Property Administrator, provided a synopsis of what other jurisdictions in the State of Maryland and the Tri-State area are requiring for surety during construction. Terry McGee, Chief Engineer, provided examples of the fiscal impact of the policy. He stated that it would require the substantial completion of roads and streets prior to allowing structures to be occupied. The Commissioners reviewed the policy in detail and made requested revisions to the draft. The Commissioners directed Mr. Rohrer to make the revisions to the policy and send it to the Homebuilders Association for its review and comment. RECESS – LUNCH The Commissioners recessed at 12:12 p.m. for lunch. AUGUST 22, 2000 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:10 p.m. by President Gregory I. Snook, with the following members present: Paul L. Swartz, John L. Schnebly, Bertrand L. Iseminger, and William J. Wivell. PUBLIC HEARING – AGRICULTURAL LAND PRESERVATION EASEMENTS AGRICULTURAL EASEMENT PRIORITY RANKINGS Eric Seifarth, Farmland Preservation Coordinator, met with the Commissioners to review the easement rankings for Fiscal Year 2001 as recommended by the Agricultural Land Preservation Advisory Board. Mr. Seifarth stated the Maryland Agricultural Land Preservation Foundation (MALPF) has asked the County not to submit more than 80 percent of the applications to Annapolis for further review. Mr. Seifarth suggested sending half of the applications to the State. He explained that funds from the County portion of the agricultural transfer tax will be used for funding easement purchases and administrative costs and will be matched by the State on a 60/40 basis. He then reviewed the process used by the Advisory Board to rank the properties and briefly reviewed each application. He stated that he anticipates that the County will only have enough money to purchase three to six easements. Commissioner Snook then opened the meeting for public comment. Richard Buhrman and Ray Michael Holtz commented on the application of Roger Burhman. Roger Buhrman then spoke in support of his application and explained his situation. The hearing was closed at 1:28 p.m. Motion made by Commissioner Iseminger, seconded by Schnebly, to accept the recommendation of the Agricultural Land Preservation Advisory Board for agricultural easement priority rankings and to forward the 17 top-ranked applications to the Maryland Agricultural Land Preservation Foundation for consideration in the Fiscal Year 2000 easement acquisition program cycle. Unanimously approved. WEB DESIGN PRESENTATION – WASHINGTON COUNTY COMMUNITY PARTNERSHIP John Budesky, Director of the Washington County Community Partnership for Children & Families, gave a web design presentation on the office’s new website (www.WCCP- Online.org). Mr. Budesky provided background information on how the web site was developed and demonstrated how to access the various links on the site. He reviewed the resource guide, the available grants, and the agencies that can be accessed. Mr. Budesky explained how the site was developed and ways in which they can provide the information to those without internet access. WATER & SEWER PLAN AMENDMENT WS-00-001 – HOMER BIVENS Motion made by Commissioner Iseminger, seconded by Schnebly, to approve a recommendation made by the Planning Commission to adopt amendment WS-00-001 to the Water & Sewerage Plan, which was submitted by the applicant, Homer L. Bivens, for the purpose of providing public water service to 55 acres of property located along the west side of Maryland Route 63, with the amendment to show the property as being included in the Restrictued Use Water Service Area with a Water Service Priority Classification of W-5 (Planned Service), with the condition that the permitted density for any development on this property would be limited to the density when public water is not available and not the density allowed when public water is available. Unanimously approved. WATER & SEWER PLAN AMENDMENT WS-00-002 – RON & VICKI VITKUN Motion made by Commissioner Wivell, seconded by Swartz, to approve a recommendation made by the Planning Commission to adopt amendment WS-00-002 to the Water & Sewerage Plan, which was submitted by the Ron and Vicki Vitkun, for the purpose of providing public sewerage service to Yogi Bear Campground located on 89.6 acres of property south of Maryland Route 68, as heard at the public hearing on June 12, 2000, with the amendment to show the property as being included in a Restricted Use Sewerage Service Area with a Sewerage Service Priority Classification of S-5 (Planned Service). It was noted that this service area designation is for the sole use of the campground and would require further amendment if the service would expanded to areas adjacent to campground. Unanimously approved. AUGUST 22, 2000 PAGE FIVE REZONING CASE RZ-00-002 – 632 JOINT VENTURE John Martirano, Assistant County Attorney, reviewed map amendment RZ-00-002, submitted by 632 Joint Venture to rezone the subject property from Residential Multi-family (RM) to Highway Interchange One (HI-1). Mr. Martirano stated that the Planning Commission recommended approval of the application. He stated that a separate public hearing was held on August 8, 2000, specifically on the proposed conditions agreed to by the developer and the Towne Oak Village Homeowners Association, and recommended by the Planning Commission. Motion made by Commissioner Iseminger, seconded by Schnebly, 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 Schnebly, 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 Schnebly, 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 construction of the new interchange at I-70 and Md. Route 632 and substantial commercial construction in the area which includes the Moose Lodge, the Review & Herald, and Callas Contractors. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Wivell, that it was not demonstrated by the Applicant that there was a mistake made in the existing zoning classification of the property. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, that there has been a convincing demonstration that the proposed rezoning from Residential Multi-family to Highway Interchange 1 (HI-1) would be appropriate and logical for the subject property based on the staff report and recommendation of the Planning Commission, with the requirement that the following conditions heard at public hearing on August 8, 2000, be imposed on the rezoning: 1. A visual barrier of Leland Cyprus trees or equivalent shall be planted on a mound along the property line between Towne Oak Village and the existing HI-1 zoned property, also known as the old Moose Club property. New trees shall be planted within 90 days of the start of any construction on the 9.9 acre parcel, weather permitting. All such trees not living 12 months after planting shall be replaced. 2. The planned street through the existing HI-1 parcel and proposed rezoned parcel will be positioned near I-70 rather than near the Towne Oak Village property line. This street shall end at a cul-de-sac and shall not be granted a right- of-way for extension. 3. Lighting for future development shall be directed away from Towne Oak Village neighborhood. 4. All development is subject to prevailing State and local laws and regulations. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, based upon the previous motions for rezoning case RZ-00-002, that the proposed rezoning from Residential Multi-family to Highway Interchange 1 be granted. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 2:05 p.m. to discuss personnel matters and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of AUGUST 22, 2000 PAGE SIX the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Swartz, seconded by Wivell, to reconvene in open session at 5:06 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues and consulted with counsel to obtain legal advice on one (1) issue. 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 at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; John Martirano, Assistant County Attorney; Robert Arch, Director of Planning & Community Development; Dr. Robert Parker, Health Officer; Trisha Callendrelli, Director of Human Resources for the Health Department; Dr. George Comstock, Dorothy Boone, and Robert Borngessor, members of the Advisory Commission to the Board of Health; and William Cristoffel. RECOMMENDATION FOR APPOINTMENT OF NEW HEALTH OFFICER Motion made by Commissioner Wivell, seconded by Schnebly, to nominate William Christoffel to the position of Health Officer for Washington County for appointment by the Secretary of Health & Mental Hygiene. Unanimously approved. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Swartz, to adjourn at 5:07 p.m. Unanimously approved. , County Administrator , County Attorney , County Clerk