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HomeMy WebLinkAbout11.13.2000 MinutesNovember 13, 2000 Hagerstown, Maryland JOINT PUBLIC HEARING – TEXT AMENDMENTS RZ-00-009, RZ00-012 & RZ-00-013 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in text amendment cases RZ-00-009, RZ-00012, and RZ-00-013. Presiding at the hearing were County Commissioners Vice President Paul L. Swartz and Planning Commission Chair Paula Lampton. Also present at the hearing were County Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Planning Commission members Donald Ardinger, Robert Ernst, Tim Henry and Ben Clopper were also in attendance. After presentations and public testimony were heard, it was announced that the record would remain open for ten (l0) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 9:00 p.m. November 14, 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 – NOVEMBER 7, 2000 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of November 7, 2000, as submitted. Unanimously approved. PROCLAMATION – AMERICAN EDUCATION WEEK Commissioner Snook, presented a proclamation to Sharon Chirgott, President of the Washington County Teacher’s Association, designating the week of November 12 – 18, 2000 as American Education Week. He urged all citizens to make a commitment to public education and to the future of Washington County children by visiting their local public schools and by donating their time and talents to help make our public schools even better. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly reported on the meetings of the Joint City/County Task Force and the Facilities Task Force on school issues. He also informed the Commissioners that he met with representatives of URS Engineering, consultants for the Airport, regarding the proposed runway extension. Commissioner Swartz reported on the meetings of the Disabilities Advisory Committee, the Washington County Teachers Association, and the CASA Board of Directors. He stated that he attended the Veterans Day ceremony at Marty Snook Park and the Hancock Veterans Day ceremony. Commissioner Swartz informed the Commissioners that he will be meeting with the Lieutenant Governor prior to the “Maryland, You Are Beautiful” awards ceremony. Commissioner Wivell reported on the Water & Sewer Advisory Commission meeting. He informed the Commissioners that he was contacted by citizens from Tammany regarding their concerns about the proposed housing development in that area. Commissioner Iseminger reported on the meeting of the Hagerstown/Eastern Panhandle Metropolitan Planning Organization meeting. He stated that he met with the Boonsboro Athletic Association regarding the new track at the high school. He also reported on the meeting of the Advisory Commission to Board of Health. NOVEMBER 14, 2000 PAGE TWO Commissioner Snook informed the Commissioners that the County received an Emergency Shelter Grant from the State Department of Housing & Community Development. He stated that he testified at the Thornton Commission hearing in Allegany County on Monday. Commissioner Snook reported on the Economic Development Commission meeting. REPORTS FROM COUNTY STAFF Robert Arch, Director of Planning & Community Development, informed the Commissioners that he met with the Maryland Historical Trust and the Hagerstown-Washington County Industrial Development Foundation, Inc. (CHIEF) regarding a property in the Newgate Industrial Park. He stated that CHIEF is negotiating a memorandum of understanding for the property. Mr. Arch informed the Commissioners that Stacey McClerin, Recreation Director, has submitted her resignation. He stated that the position would be advertised in the near future. Mr. Arch indicated that the recreation inventory for Fort Ritchie has been completed. He also stated that the Boonsboro track project has been approved by Program Open Space. Gary Rohrer, Public Works Director, reported that the Engineering Department is cooperating with the City of Hagerstown on development of new stormwater management regulations being required by the State. Mr. Rohrer discussed the reasons for the delays in the stormwater management project near the elderly housing project in Williamsport. He also answered questions regarding the Parks Department and possible future plans. Debra Bastian, Director of Budget & Finance, reviewed options for funding the new animal control building. She reported on the Maryland estimators meeting she attended regarding economic projections for the State. Ms. Bastian stated that the Finance Department developed financial report formats for the Golf Course Board of Directors and provided them with several options to better track revenues and expenditures. Alan Davis, Human Resources Director, informed the Commissioners that the County has had 16 employees resign and 6 retire since July. He stated that his office is trying to determine whether there is a pattern. FORTY WEST LANDFILL – CHANGE ORDER Motion made by Commissioner Wivell, seconded by Iseminger, to approve Change Order No. 12 for Cell 1 of the Forty West Landfill in the amount o $61,100 to permit the contractor, C. William Hetzer, Inc. to construct a sewage collection and disposal system, and modify the existing potable water wells and a water treatment system to serve the site. Motion carried with Commissioners Wivell, Iseminger, Swartz and Snook voting “AYE” and Commissioner Schnebly “ABSTAINING.” BID AWARD – DESIGN/BUILD SERVICES FOR MAINTENANCE BUILDING AT FORTY WEST LANDFILL AND APPROVAL OF BUDGET TRANSFER Motion made by Commissioner Iseminger, seconded by Wivell, to approve a budget transfer of $225,000 from Solid Waste Revenue Surplus to Design/Build Services for the maintenance building at the Forty West Landfill. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly to award the contract for design/build services for the maintenance building at the Forty West Landfill to GRC General Contractors, Inc., which submitted the low responsive, responsible bid of $548,997. Unanimously approved. ANIMAL CONTROL AGREEMENT WITH THE HUMANE SOCIETY OF WASHINGTON COUNTY, INC. Richard Douglas, County Attorney, reviewed a proposed amendments to the agreement with the Humane Society discussed at last week’s meeting, under which the County would pay 70% of the costs associated with the construction of the Society’s new facility. He stated that the 70% is based upon the original June 16, 1999 agreement that recognizes this as the percentage of the Humane Society’s animal control work as opposed to other humane activities. The costs have exceeded the estimates originally given to the County. The Board asked for some oversight as to the project and agreed to the recommendation to have the Public Works Director review any requests for change orders over $25,000. Mr. Douglas stated that there would be a one-week review period so as not to cause delays to the project. NOVEMBER 14, 2000 PAGE THREE Dana Moylan, attorney for the Humane Society, stated that the County would only be paying on the basis of actual costs incurred, not the estimates. She indicated that some of the estimates are believe to be high and that there would be in-kind services donated to reduce costs. Commissioner Wivell stated that there should be provisions in the amendment to allow the County to recoup its contributions in the event that the Humane Society should decide not to continue providing animal control services. The Board directed Mr. Douglas to make the necessary changes to the amendment. Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the outline of the amendment to the agreement with the Humane Society with the negotiated changes. Unanimously approved. Debra Bastian, Director of Budget & Finance, reviewed four options for financing the County’s share of the cost of the facility and the advantages and disadvantages of each option. She cautioned the Commissioners that using cash reserves would take the County below the 7% target they have established. The Commissioners discussed the options. Rodney Shoop, County Administrator, recommended that they postpone making a decision until the year-end closure. Ms. Moylan stated that it would not affect the financing the Humane Society has secured for the project if the County made its determination at a later date. Commissioners decided to wait but suggested that they would use a combination of borrowing and cash reserves. CITIZENS PARTICIPATION Henry House, representing the Cumberland Valley Youth Soccer League, informed the Commissioners that they could secure funding from the Maryland State Soccer Association to redevelop land for soccer fields. He asked if the Commissioners would consider allowing them to utilize the Resh landfill site for this purpose. Warren Eichelberger, a previous employee of the Sheriff’s Department, related his work history to the Commissioners and asked that three years of military service be credited to him by the County. The Commissioners took this request under consideration. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the December 12 meeting would begin in the afternoon and continue as a night session. He reminded the Commissioners that there is a lunch meeting with the local delegation to the General Assembly on November 17. APPOINTMENT – MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner Iseminger, seconded by Schnebly, to appoint Shirley Alexander to the Mental Health Advisory Committee for a three-year term extending to June 30, 2003. Unanimously approved. ADOPTION OF FINAL 2001 LEGISLATIVE AGENDA Richard Douglas, County Attorney, reviewed the final version of the Board’s 2001 Legislative Agenda. He asked the Commissioners to restore to the Agenda the proposal to seek formal statutory authority to impose criminal penalties in the Animal Control Ordinance. The Commissioners agreed to restore the proposal. The Commissioners agreed to request legislation authorizing the Gaming Commission to fund projects owned by the County such as the Clear Spring library, revising the definition of “bona fide charitable organizations” to include public libraries owned by political subdivisions. The Commissioners also approved a proposal to eliminate the specific amounts of license fees from the statute, leaving the fees to the Rules and Regulations. The Commissioners reviewed the changes made from last week’s meeting. They directed staff to draft a letter to the State to comment on the unfunded increase in salaries of employees of the Health Department. Motion made by Commissioner Schnebly, seconded by Iseminger, to adopt the revised legislative agenda for 2001 (see attached) for presentation to the local delegation to the General Assembly. Unanimously approved, with the exception of Commissioner Wivell on the transfer tax issue. NOVEMBER 14, 2000 PAGE FOUR COMMUNITY PROJECTS – DISCUSSION Robert Arch, Director of Planning & Community Development, met with the Commissioners to review candidate projects for recommendation to the local delegation to the General Assembly for State financial support. Mr. Arch stated that the projects for consideration are as follows: baseball stadium, southwest quadrant enhancement project, University System of Maryland (campus and open space projects), Civil War museum, southern boulevard, arts and entertainment district development, Airport runway extension, and reconstruction of U.S. Route 11 to allow runway extension, Board of Education office relocation, Clear Spring branch library, and new parking deck. Mr. Arch provided information on the estimated cost of each project. The Commissioners discussed the projects and whether they want to prioritize them for presentation to the delegation. They stated that the baseball stadium project would not be considered until a formal decision is made whether or not to proceed. It was the consensus of the Commissioners to prioritize the projects as follows: 1) University System of Maryland projects (campus and open space); 2) Airport runway extension and reconstruction of Route 11; 3) southwest quadrant parking; and 4) Clear Spring branch library. (Commissioner Swartz was excused from the meeting at this time) RECESS - VERIZON LUNCHEON & PRESENTATION – BROADBAND, BACKBONE, ECONMICS & REGULATION The Commissioners recessed at 11:58 p.m. for a luncheon and presentation sponsored by Verizon (f/k/a Bell Atlantic). C. Lincoln Hoewing, Assistant Vice President on Issues Management and Technology Planning for Verizon Communications, explained broadband access to the Internet and how it differs from dialup access, as well as the broadband backbone. (Commissioner Swartz returned to the meeting at 12:55 p.m.) REZONING CASE RZ-99-012 (REMAND) – MARTIN MARIETTA MATERIALS, INC. Richard Douglas, County Attorney, stated that rezoning case RZ-99-012, submitted by Martin Marietta Materials, Inc., seeking an Industrial Mineral floating zone over existing Agricultural zoning was denied by the Board of County Commissioners on December 14, 1999. Martin Marietta then appealed the decision to the Circuit Court. The Court reversed the Board of County Commissioners for not stating sufficient reasons for the action taken and the case was remanded to the Board for further proceedings. Mr. Douglas stated that, at the meeting on November 7, the Board raised a number of questions concerning regulation of the quarry by various government agencies. He informed the Commissioners that there is no express authority in the Zoning Ordinance for the Planning Commission to restrict the hours of operation of the quarry. He stated that the Commissioners do have the authority to require a bond to cover any damage to County highways caused by trucks serving the quarry. He also reviewed the mining that can be done under the existing zoning and the County’s authority to regulate blasting, concurrent with that exercised by the State. Motion made by Commissioner Iseminger, seconded by Wivell, to approve the definition of the surrounding neighborhood as defined in the Planning Staff report dated October 25, 1999. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Wivell, to approve the findings of fact as set forth in the report of the County Attorney, which are attached, and as reflective of the findings of fact adopted by the Planning Commission. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, to find that the use proposed would be compatible with the surrounding neighborhood in accordance with Article 15 of the Zoning Ordinance, as evidenced in the staff report that there are no historic sites in the immediate vicinity that are severely affected, that the existing mineral extraction operation has continued since 1962, that there has not been a substantial amount of residential development in the immediate area of the quarry and, therefore, there is room for sufficient buffers and setbacks from residential properties, ground vibrations are regulated through the Washington County Zoning Ordinance and the Maryland Department of the Environment, that any NOVEMBER 14, 2000 PAGE FIVE expansion or additional mining activity would be regulated by the Planning Commission as part of the site plan process which provides for adequate buffering and screening, and would require a re-examination of the zone of dewatering influence by the State. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Wivell, to find that the requested rezoning furthers the purposes of the proposed reclassification by meeting the factors set forth in Section 15.0 of the Zoning Ordinance. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, to find that special precautions may be applied to ensure that there will be no discordance with existing uses, conditions applied to the site plan and the surface mining permit, the requirement that a bond be required and posted in accordance with guidelines set by the Chief Engineer to prevent the future degradation of County roads, construction of a berm and other site plan requirements that have been or will be placed on this property and existing operations, that those conditions be met and complied with in accordance with any site plan approval, that any expansion would trigger the need for an amended site plan submittal and the posting of a bond to protect against any damage to County roads. Specific consideration should be given in site plan review by the Planning Commission for the asphalt plant to include sufficient buffers, berms and vegetative screening to protect the neighboring properties. Motion carried with Commissioner Iseminger, Swartz, Wivell and Snook voting “AYE” and Commissioner Schnebly voting “NO.” Motion made by Commissioner Iseminger, seconded by Wivell, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject area, based on the following: recommendation of the Planning Commission dated October 25, 2000, the plant’s continued operations since 1962, the IM zone is designated for this purpose, the scattered residential uses nearby can be protected through buffering and screening, the existing residents have experience with the quarry in their neighborhood, the zone of dewatering influence was established by the State for the existing permitted area and includes only three domestic wells, any expansion would require a new delineation to protect residents in the zone, haul roads are well defined, there has not been a significant encroachment by new residential development in the area, most of the property is already included in the existing IM, non-conforming use or special exception areas which allow for mining, and the IM floating zone will provide an enhanced level of County oversight to the mining operation. Motion carried with Commissioners Iseminger, Wivell, Swartz, and Snook voting “AYE” and Commissioner Schnebly voting ”NO.” Motion made by Commissioner Iseminger, seconded by Wivell, based on the earlier motions, to grant the proposed rezoning from Agricultural to Agricultural with an Industrial Mineral floating zone. Motion carried with Commissioners Iseminger, Wivell, Swartz, and Snook voting “AYE” and Commissioner Schnebly voting “NO.” LOCATION OF SOLID WASTE DEPARTMENT OFFICES Robert Davenport, Director of Solid Waste Management, met with the Commissioners regarding the location of the new offices for the Solid Waste Department. Mr. Davenport recommended that the Commissioners approve the construction of a new office facility at the new landfill site. He explained that it would be better for management personnel to be located on site to supervise employees, interact with the public, and resolve issues that arise during daily operations. Commissioner Wivell reviewed information on the advantages of locating the Solid Waste administrative offices at the Water & Sewer Department facility. He stated that the only disadvantage would be that the offices would not be on-site. Mr. Davenport indicated that he feels strongly that there should be a supervisory presence on site to oversee the operation. Motion made by Commissioner Iseminger, seconded by Swartz, to construct the offices facility at the Forty West Landfill site as recommended by staff with the funds to be taken from capital improvement reserves. Motion NOVEMBER 14, 2000 PAGE SIX carried with Commissioners Iseminger, Swartz, Schnebly, and Snook voting “AYE” and Commissioner Wivell voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Iseminger, to convene in closed session at 2:41 p.m. to discuss personnel issues, to discuss a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 Swartz, seconded by Iseminger, to reconvene in open session at 3:22 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues and consulted with counsel to obtain legal advice on two (2) matters, and considered a 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 at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; and John Martirano, Assistant County Attorney. RECESS – REDEDICATION OF CENTRAL PARKING LOT The Commissioners recessed at 3:22 p.m. to attend the rededication ceremony for the central parking lot in downtown Hagerstown. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education beginning at 5:00 p.m. The following members of the Board of Education were present: Paul Bailey, Mary Wilfong, Herbert Hardin, and Dori Nipps. Staff members present were Dr. Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of Facilities Management; Theresa Flak, Assistant Superintendent; William McKinley, Executive Director of Support Services; Phil Ray, Director of Human Resources; and Christian South, Director of Budget & Finance. Joint Health Insurance Bid Alan Davis, Human Resources Director, met with the group to provide an update on the joint Request for Proposal (RFP) between the Board of County Commissioners, Board of Education, and Hagerstown Community College. He explained the process and stated that the RFP is 97% complete. They are waiting for information from third-party administrator for the College to complete the information needed for the specifications. The final draft will be distributed this Thursday for review and final comment. Maryland School Performance Assessment Program (MSPAP) Results Theresa Flak made a presentation on the results of MSPAP tests. She explained that third, fifth and eighth grade students are tested on reading, writing, language usage, mathematics, science, and social studies. She then reviewed the test scores for Washington County from 1993- 2000. Ms. Flak informed the Commissioners that three Washington County schools were awarded a total of $142,828 from the State for showing significant improvement in student performance scores and participation rates over the past several years. Ms. Flak explained the award criteria and stated that Boonsboro Elementary School received $55,628, Old Forge Elementary School received $44,467, and Smithsburg Elementary School received $42,733 in State awards. She also announced that Smithsburg Elementary School has been named as a Blue Ribbon School of Excellence. Ms. Flak invited the Commissioners to attend the formal press conference on the 2000 MSPAP test scores for Washington County scheduled on November 29. Amended FY 2002 Capital Improvement Plan Dennis McGee informed the Commissioners that the Public School Construction Program staff encouraged Washington County Public Schools to request a project for planning approval for additional State, Federal, or Local funds that may be available. He asked the Commissioners to consider including $250,000 for design fees for the Salem Avenue Elementary School project to NOVEMBER 14, 2000 PAGE SEVEN the FY 2002 CIP budget so that they do not miss an opportunity to accelerate the schedule if these funds become available. Mr. McGee stated that he must submit the CIP budget to the State by December 7. The Commissioners discussed the request with the Board. Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the amended 2001 Capital Improvement Plan to include $250,000 for design fees for the Salem Avenue Elementary School. Motion carried with Commissioners Iseminger, Schnebly, Swartz and Snook voting “AYE” and Commissioner Wivell voting “NO.” PRESENTATION OF CERTIFICATE OF MERIT – B. MARIE BYERS Commissioner Snook presented a Certificate of Merit to B. Marie Byers, outgoing member of the Board of Education, in recognition of and appreciation for her 30 years of service on the Board of Education. He commended her for her leadership and for her many contributions to the community. Ms. Byers thanked the Commissioners for the award. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Iseminger, to adjourn at 6:25 p.m. Unanimously approved. , County Administrator __________________________, County Attorney , County Clerk