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HomeMy WebLinkAbout08.29.2000 Minutes August 29, 2000 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 2:30 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. ADOPTION OF NEW FIRE & RESCUE SCHEDULE Alan Davis, Human Resources Director, met with the County Commissioners to present several schedules for their consideration for Fire & EMD Technicians in the Fire & Rescue Communications Department. Mr. Davis explained that the Commissioners approved a 40-hour per week schedule for the employees in early June 2000 that had been developed by Ronald Karn, Chief of Fire & Rescue Communications. The employees are concerned about the previously adopted schedule because it contains fixed days off. In response to a request by James Bestpitch, AFSCME Council 67 Representative, at the Commissioners’ July 18 meeting, the Commissioners requested staff to review alternative 40-hour per week schedules. Mr. Davis stated that three schedules have been proposed for consideration. Mr. Karn recently refined the eight-hour fixed schedule with rotating days off. Mr. Davis then reviewed a comparison of the three proposed schedules for consideration and the cost of each: 1) 8 hours per day/40 hours per week – fixed schedule with fixed days off; 2) 8 hours per day/40 hours per week – fixed schedule with rotating days off; and 3) 12 hours per day/average of 39 hours per week – rotating schedule with rotating days off. He also reviewed the fiscal impact of each plan. The Commissioners discussed the three plans proposed. Mr. Davis recommended that the new schedule take effect on September 30, 2000. Ronald “Dave” Hayes, Fire and EMD Technician, voiced his support for the 12-hour rotating shift schedule and emphasized the benefits it provides to the employees. Mr. Hayes indicated that the majority of dispatchers support the 12-hour schedule. Mr. Bestpitch also stated that he supports the 12-hour rotating schedule. The Commissioners discussed the matter at length and agreed that they would review the information distributed at today’s meeting and would obtain additional information regarding the data that has been obtained from other jurisdictions before making a decision. Commissioner Snook asked the Commissioners to review the refined 8-hour schedule and the proposed 12-hour schedule and stated that the Board would make a final decision at their next meeting on September 12. CONTRACT AWARD – INVESTMENT SERVICES FOR THE “DEFINED BENEFIT RETIREMENT PLAN” Karen Luther, Purchasing Agent, introduced the members of the Coordinating Committee for this project who were in attendance. Regis Larkin, Director of Investment Services for BGS&G Investment Services, Inc., who acted as the County’s consultant, reviewed the proposals received and outlined the the factors the Committee used to evaluate the proposals. Mr. Larkin stated that the low bidder, MacKay Shields, LLC, was in the top quartile in its performance record during both market cycles. He stated that the fee is calculated on a flat fee arrangement of .35% and based upon static assets of $34.3 million. The meeting was then opened for discussion and questions on all of the proposals that were submitted. Motion made by Commissioner Wivell, seconded by Schnebly, to award the contract (PUR-760) for investment services for the “Defined Benefit Retirement Plan for the Employees of Washington County” to MacKay Shields, LLC at an annual fee of $120,050 for a total lump sum fee proposal of $360,150 for years 1,2 and 3, as presented. The contract is for a one-year period, with an option by the County to renew for up to two additional consecutive one-year periods. Unanimously approved. REZONING CASE RZ-00-005 (MANSOOR & JANET EMRAL SHAOOL) John Martirano, Assistant County Attorney, reviewed the application for map amendment RZ-00-005, submitted by Mansoor & Janet Emral Shaool, to rezone the subject property from Highway Interchange Two (HI-2) to Highway Interchange One (HI-1). Mr. Martirano stated that the Planning Commission recommended approval of the application. AUGUST 29, 2000 PAGE TWO Motion made by Commissioner Schnebly, seconded by Swartz, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached hereto. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, to find that there has been a mistake in the existing zoning classification based on the following reasons: 1) The line between HI-1 and HI-2 classifications was drawn in such a manner as to create two zoning districts on the tract – making it difficult to develop to its maximum capability; 2) Commercial development should be encouraged to locate in the Sharpsburg Pike corridor due to the investment in public infrastructure to the I-70/Sharpsburg Pike interchange and the commercial development proposed would be compatible with other recently established businesses; 3) A mistake was made during the comprehensive rezoning in 1994 when the individual lots fronting on the Sharpsburg Pike and adjacent acreage were classified HI-1; and 4) These properties fronting on the Sharpsburg Pike are too small for individual commercial establishments in that individual access and buffer requirements could not be accommodated. Unanimously approved. Motion made by Commissioner Schnebly, seconded by Swartz, to find that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property due to the findings that it is logical to have the entire tract zoned the same classification in order to best utilize the site area, the increasingly commercial nature of the area that has the necessary infrastructure to support high-density development, and the close proximity to main thoroughfares like Sharpsburg Pike and I-70 that make it logical for commercial use. Unanimously approved. A motion was made by Commissioner Schnebly, seconded by Swartz, based upon the previous motions for rezoning case RZ-00-005, that the proposed rezoning from Highway Interchange 2 (HI-2) to Highway Interchange 1 (HI-1) be granted. Unanimously approved. REZONING CASE RZ-00-008 (MILLARD E. KRETZER, III) John Martirano, Assistant County Attorney, reviewed the application for map amendment RZ-00-008, submitted by Millard E. Kretzer, III, to rezone the subject property from Residential Suburban (RS) to Business Transitional (BT). Mr. Martirano stated that the Planning Commission recommended approval of the application. He indicated that the applicant has applied for rezoning on two previous occasions for higher intensity zoning classifications and his requests had been denied. Motion made by Commissioner Wivell, 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 Swartz, seconded by Wivell, to adopt the findings of fact set forth in the report of the County Attorney. A copy of the adopted findings of fact is attached hereto. 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 on the following: the proximity of the property to new commercial development that has taken place during the last several years such as the Food Lion grocery store, the proposed pharmacy, and specialty shops in St. James Village North and the Alterra Assisted Living Center. Unanimously approved. Motion made by Commissioner Wivell, seconded by Swartz, to find that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property based on the decision of the Planning Commission that the proposed zoning classification would be consistent with the Comprehensive Plan and the proximity of the property to new commercial development that has taken place within the last several years including the Food Lion grocery store, the proposed pharmacy, and specialty shops in St. James Village North and the Alterra Assisted Living Center. The Commissioners found that the Business Transitional zoning would conform to the County’s Comprehensive Plan since the location is AUGUST 29, 2000 PAGE THREE within the defined Urban Growth Area and would not set a precedent due to the uniqueness of the area, the small size of the property, the prior commercial uses on the site, and the special exception previously granted by the Board of Zoning appeals for commercial use. Unanimously approved. Motion made by Commissioner Wivell, seconded by Swartz, based upon the previous motions for rezoning case RZ-00- 008, that the proposed rezoning from Residential Suburban (RS) to Business Transitional (BT) be granted. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Wivell, to convene in closed session at 4:10 p.m. to discuss personnel matters and discuss the acquisition of real property for a public purpose, and to consult with counsel to obtain legal advice, 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 5:05 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel issue, discussed two (2) matters relating to the acquisition of real property for a public purpose, and consulted with counsel to obtain legal advice on one (1) matter. 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; and Greg Murray, Director of the Water and Sewer Department. RECESS The Commissioners recessed at 5:05 p.m. EVENING SESSION -- HALFWAY VOLUNTEER FIRE HALL The evening session was convened at 7:00 p.m. at the Fire Hall of the Volunteer Fire Department of Halfway 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 Iseminger, followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION - DISABLED AMERICAN VETERANS - FORGET-ME-NOT MONTH Commissioner Snook presented a proclamation to representatives of the Washington County Chapter of Disabled American Veterans proclaiming the month of September 2000 as Disabled American Veterans Forget-Me-Not Month in Washington County and encouraging all citizens to join in their support of those who gave of themselves to protect and preserve our way of life. CERTIFICATES OF MERIT – PONY LEAGUE WORLD SERIES PARTICIPANTS The Commissioners presented Certificates of Merit to the following participants who represented Washington County at the Pony League World Series and applauded them for their accomplishments: Drew Crawford, Phil Saloom, Bryson Appel, T.J. Bowser, T.J. Hose, Tim Kellinger, Josh Mitchell, Ben Jordan, Luther Davis, Matt Petro, David Miner, Nick Adenhart, Chris Smith, Andy May, Jeremy Everits and Rick Suder, Manager, Russ Robinson, Business Manager, and Wayne Hose, Coach. COMMISSIONERS REPORTS AND COMMENTS Commissioner Wivell reported on the Solid Waste Advisory Committee meeting. He also stated that he attended the Democratic picnic. Commissioner Schnebly reported on the meeting of the Community Partnership for Children & Families. He also reported on the Democratic picnic. Commissioner Schnebly informed the Commissioners that the joint task force that was formed to study the Board of Education facilities would be meeting again next Thursday. AUGUST 29, 2000 PAGE FOUR Commissioner Swartz stated that he was a guest on the League of Women Voters’ radio show last week. He reported that he met with City officials regarding repaving of the pathways in City Park. Commissioner Swartz also reported on the Club Association picnic, Everybody’s Day, and the Democratic picnic. He informed the Commissioners that he met with employees from the Western Section of the Highways Department. He also read a letter from Governor Glendening thanking the County for participating in the Healthy Chesapeake Bay program. Commissioner Iseminger requested that Rodney Shoop, County Administrator, schedule a time for the Stadium Committee to update the Commissioners on the status of the study that was commissioned. He also informed the Commissioners of a conversation he had will Bill McKinley, Executive Director of Support Services at the Board of Education, regarding the possible use of County Commuter buses by City high school students who do not have other means of transportation to school in inclement weather. Commissioner Snook stated that he received correspondence from the Maryland Office of Planning regarding funding for ARC projects for 2001. He informed the Commissioners that the gypsy moth spraying done by the State is expected to come in under the amount budgeted. Commissioner Snook reported that he attended Everybody’s Day at Pen Mar Park. He distributed the Outdoor Guide for Allegany and Washington County that was funded through the Tri-County Council. Commissioner Snook asked Mr. Shoop to ask the Board of Education to provide an update on SAT scores at the next joint meeting. CITIZENS PARTICIPATION Robert Souders asked the Commissioners to follow up with the contractor as to when the contractor would be completing the improvements to the area behind Hickory Elementary School. He also asked several questions regarding the closing of the Nicodemus Treatment Plant. MARYLAND SPECIAL LOAN PROGRAMS PARTICIPATION FY 2000 – 2002 Joe Kuhna, Community Development Coordinator, met with the Commissioners to request their approval to participate in the Maryland Special Loans Program. Mr. Kuhna explained that the County would administer the program to help provide funding for home repairs for individuals who do not meet the standard lending criteria. He stated that this year’s allocation from the state is $65,000 plus reimbursement for administrative costs. Motion made by Commissioner Iseminger, seconded by Swartz, to approve two (2) two-year grant agreements with the State of Maryland to participate in the Maryland Special Loan Programs for FY 2000-2002. Unanimously approved. “ON BEHALF OF PROGRAM” – 2000 HOUSING BOND AUTHORIZATION Motion made by Commissioner Schnebly, seconded by Iseminger, to assign Washington County’s 2000 housing bond allocation in the amount of $2,226,385 to the Community Development Administration for use in the On Behalf of (OBO) Program. Unanimously approved RESOLUTION – PROCEDURE FOR APPOINTMENT OF COUNTY HEALTH OFFICER Motion made by Commissioner Iseminger, seconded by Swartz, to adopt a resolution setting forth the procedures and process for appointing the County Health Officer, pursuant to Maryland Code, Health-General, Section 3-302. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Mr. Shoop informed the Commissioners that location of the joint meeting with the Mayor and Council for September has been changed from the Martin Luther King building to City Hall due to the construction schedule at the Center. He stated that the October meeting would be scheduled at the Martin Luther King Center. He informed the Commissioners that the attorney for the Gaming Commission has determined that the Washington County Agricultural Education Center is eligible for Gaming funds but, under current State law, the Clear Spring Library would not be eligible. Mr. Shoop stated that he would talk AUGUST 29, 2000 PAGE FIVE to Senator Munson regarding changes to the legislation to allow such projects to receive funding in the future. Mr. Shoop indicated that the Herald Mail and other newspapers in Maryland conducted a survey/study on public information requests and how governments respond to them. He announced that Washington County responded appropriately to the request made for information. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at 8:05 p.m. Unanimously approved. , County Administrator , County Attorney , County Clerk