HomeMy WebLinkAbout951114November 14, 1995
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington County was
called to order at 8:30 a.m. by the President, Gregory I. Snook, with the
following members present: Vice President John S. Shank, and Commissioners Ronald
L. Bowers, R. Lee Downey, and James R. Wade.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Downey, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
CERTIFICATE OF MERIT - KATHLEEN RILEY
Commissioner Snook presented a Certificate of Merit to Kathleen Riley in
recognition of 7 years and 4 months of dedicated service as Division Chief of
Citizens Services and for the excellent work she performed on behalf of Washington
County and wished her success in her new endeavors. Ms. Riley thanked the
Commissioners for the certificate.
PRESENTATION TO COUNTY ATTORNEY
Commissioner Snook presented County Attorney, Ralph France, with an engraved gavel
from all the County Commissioners. Mr. France will be sworn in today as a Judge
in the District Court. Mr. France thanked the Commissioners for the gift and
stated that he enjoyed his work as County Attorney.
APPROVAL OF MINUTES - NOVEMBER 7, 1995
Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of
November 7, 1995, as submitted. Unanimously approved.
OCTOBER 1995 YOUTH OF THE MONTH AWARD
Commissioner Wade presented a Certificate of Merit to Michael S. Hoffman in
recognition of being selected as the October 1995 Youth of the Month as
recommended by the Children's Council. Commissioner Wade noted some of Michael's
activities and accomplishments in school, church, and the community and
congratulated him on being a superior role model for all youth. Michael thanked
the Commissioners for the award and introduced his parents and teachers who were
in attendance.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Downey reported on the Advisory Commission to the Board of Health
meeting and the CASA Board meeting. Commissioner Bowers reported on the
Retirement Board meeting, his meeting with the 5th grade class at Clear Spring
Elementary School regarding air conditioning, and the LRA Executive Council
meeting. Commissioner Wade reported on the Arts Council's open house. He stated
NOVEMBER 14, 1995
MINUTES, CONT'D.
that he feels the Commissioners should consider holding one evening meeting per
month at varied locations throughout the County. He also stated that he feels
they may want to consider holding discussions on an individual basis with Board of
Education members. Commissioner Shank expressed his support of Commissioner
Wade's suggestion to hold one evening meeting each month providing they are well
attended by the public. The Commissioners discussed this and agreed to have the
County Administrator develop a schedule for their consideration. Commissioner
Snook reported on the Frostburg State University Board meeting. The Commissioners
asked that the County Administrator schedule a meeting with the HJC Board of
Trustees regarding funding for next fiscal year's budget.
KIDS' VOTING - WASHINGTON COUNTY PROJECT
Carolyn Shaw and Frank Clopper from The Potomac Edison Company along with Ed
Koogle, representing the Board of Education, met with the Commissioners to present
information on the Kids' Voting Project. Ms. Shaw stated that Kids' Voting is a
non-partisan, non-political program which encourages students to learn more about
the election process and then go to the polls with their parents. She stated that
there are special voting booths at the polling areas, manned by volunteers, to
allow the children to vote and have the results tabulated. Mr. Clopper reported
on the success of the program in other jurisdictions, and Mr. Koogle provided
information on the curriculum furnished for the teachers. Ms. Shaw asked that
the Commissioners lend their support by acting as the honorary board of directors
and to help with volunteers to run the voting machines and establish polling areas
for them. The Commissioners discussed the program and expressed concerns that it
could be used to promote a political agenda. Mr. Koogle assured them that the
curriculum used is compiled by the State Kids' Voting organization for use by all
schools and is not biased for any political party.
Motion made by Commissioner Shank, seconded by Downey, to support the Kids' Voting
Washington County project in concept. The Main Motion was discussed at this time.
Motion made by Commissioner Bowers, seconded by Wade, to amend the Main Motion to
include language that every school in Washington County be required to follow the
curriculum provided by the State Kids' Voting project and to have periodic reviews
to assure that it is not issue or agenda oriented. Motion carried with
Commissioners Bowers, Wade, Shank, and Downey voting "AYE" and Commissioner Snook
voting "NO".
The Main Motion to support the Kids' Voting project in concept, as amended to
require periodic review and the use of standard curriculum issued by the State
Kids' Voting Program, was then voted on and unanimously approved.
METROPOLITAN PLANNING ORGANIZATION - TIP TRANSIT ELEMENT 1996-98
Motion made by Commissioner Wade, seconded by Bowers, to sit as the Metropolitan
Planning Organization (MPO) for the Hagerstown Urbanized Area at 9:41 a.m.
Unanimously approved.
Robert Arch, Planning Director, reviewed the Transit Element for the Fiscal Year
1996-98 Transportation Improvement Program (TIP) as forwarded by the State Highway
Administration. The Commissioners discussed the Local Government Share in the
Public Transportation Operation Assistance project for FY 1996 which is projected
by the State to be $395,000. Keith Godwin, Transportation Commission Manager,
explained that this number is only used by the State as a planning tool, and the
Commissioners can lower this number to reflect a more realistic figure without
affecting the project.
Motion made by Commissioner Shank, seconded by Wade, sitting as the Metropolitan
Planning Organization, to accept the 1996-98 Transportation Improvement Program
Transit Element and to lower the Local government share of Public Transportation
Operating Assistance project for FY 1996 to $200,000. Motion carried with
Commissioners Shank, Wade, Bowers and Snook voting "AYE" and Commissioner Downey
voting "NO".
REZONING CASE - RZ-95-04 (MANSOOR SHAOOL)
Motion made by Commissioner Shank, seconded by Bowers, to accept the definition of
neighborhood, the following Findings of Fact presented by the County Attorney
together with the Report and Recommendation of the Planning Commission for RZ-95-
04, pursuant to Section 27.3 of the Zoning Ordinance of Washington County.
Unanimously approved.
NOVEMBER 14, 1995
MINUTES, CONT'D.
a) The report and recommendations of the Planning and Zoning Commission.
The Washington County Planning Commission took action at a special meeting held on
Monday, August 28, 1995, to recommend approval of map amendment RZ-95-04. The
Commission's decision was rendered upon due consideration of testimony given at
the public hearing held on June 12, 1995, any correspondence received in lieu of
public testimony during the 10 day period following the public hearing and Staff
Reports dated May 10, 1995 and August 2, 1995.
The Planning Commission in accordance with Section 16.0 of the Zoning ordinance,
accepted the Staff's findings of fact as their own and more specifically
established during deliberation of RZ-95-04 the following findings of fact and
recommended the following conditions be incorporated into any approval:
1) The proposed PUD met the intended purpose of a "PUD" Planned Unit
Development.
2) The proposed PUD is within the designated UGA and conforms with
applicable policies of the Comprehensive Plan.
3) The Concept Plan was determined to propose land uses which are generally
compatible with the surrounding neighborhood. However, the portion of the concept
plan for the east side of Robinwood Drive depicting dormitories would need to be
revised on future development plans to provide for land uses that are compatible
with the adjoining properties in scope and size. The Developer is also required
to work with Hagerstown Junior College to address access to the College from the
proposed development. In addition, concerns from the College with regard to
stormwater management and buffering will also need to be addressed by the
developer.
4) Two potential impacts on community infrastructure facilities were
identified by agencies having jurisdiction. Potential impacts on schools and
existing public roads must be addressed in order to obtain approval of future
development plans. In addition, the developer shall provide main access to his
development off a road to be constructed as the first leg of a new road between
Robinwood Drive and Eastern Boulevard.
b) Definition of the neighborhood.
For the purposes of this rezoning, the neighborhood extends one mile north and one
mile south from the subject property on Robinwood Drive, and one mile east and one
mile west from the subject property.
c) Population change in the area of the proposed change.
The proposed rezoning is located in Election District 18 (Chewsville). The
population in this district has increased 31% between 1970 and 1990.
d) Availability of public facilities in the area.
The Washington County Water and Sewerage Plan designates the portion of the
subject property on the west side of Robinwood Drive as having a water service
priority designation of W-3 (Programmed Service) and the portion on the east side
as W-1 (Service existing or under construction). The Sewer Priority designation
on both sides of the road in this area is S-5 (planned service). Public water to
this site would be provided by the Hagerstown Water Department. Sewerage service
is provided by the City of Hagerstown Water Pollution Control. Fire protection in
this area is provided by the Funkstown Volunteer Fire Company located in Funkstown
and emergency medical service is provided by the Community Rescue Service located
in Hagerstown. The subject site is served by the County Commuter Bus service
which makes hourly round trips to Hagerstown Junior College via Robinwood Drive
from 6:45 a.m. to 6:00 p.m., Monday through Friday. The bus makes four trips past
this site on Saturdays. The proposed residential uses within this PUD are
apartments and townhouses and are subject to the requirements of the Adequate
Public Facilities Ordinance. The proposed PUD is located within the enrollment
areas of Eastern Elementary School, E. Russell Hicks Middle School, and South
Hagerstown High School. The subject project would substantially increase the
school population at these three schools above the IAC rated capacity at 1050.
e) Present and future transportation patterns in the area.
The proposed PUD's primary access will be directly onto Robinwood Drive which is
classified in the Washington County Highway Plan as a Major Collector. This
classification's major function is to provide for intra -county travel. Major
collector's typically carry 2,000 to 10,000 vehicles per day in an urban setting.
NOVEMBER 14, 1995
MINUTES, CONT'D.
The concept plan for this project shows a proposed connection with a future County
road to be located along the north side of the subject property. This future
county road is not currently in the County Highway Plan nor is it's construction
listed in the County's Capital Improvements Program. Preliminary planning has
been done by the County Engineering Department on this road to ultimately connect
Robinwood Drive with Eastern Boulevard. Though a formal traffic study has not
been completed for this project at this time, based on other recent traffic
studies in this area, the anticipated additional traffic generated by this project
will compound existing traffic flow problems in the Robinwood Drive, Mt. Aetna
Road, U.S. 40 traffic corridor necessitating off-site improvements to accommodate
and address the impact of future traffic associated with this development.
f) Compatibility with existing and proposed development in the area
including indication of neighboring sites identified by the Washington County
Historic Sites Survey and subsequent revisions or updates.
The 72 acre parcel on the west side of Robinwood Drive is bounded on the north by
the campus of Hagerstown Junior College, to the west by undeveloped farm land
zoned Residential Suburban, and to the south by the Robinwood Medical Campus also
zoned Residential Suburban. To the east of this site and along the majority of
the frontage of Robinwood Drive is scattered single family residential dwellings
along with doctor offices. Across Robinwood Drive is undeveloped, Agriculturally
zoned property, further east is single family residential developments called
Brightwood Square and Brightwood East. Further north along the east side of
Robinwood Drive is Robins Glenn, a townhouse development along with the Robinwood
Court/Youngstoun/Stonecraft PUD which contains a commercial strip center,
apartments, townhouses, and elderly housing. The 3.42 acre portion of the
proposed PUD is bounded on the north and east by undeveloped Agricultural zoned
land and to the south by single family residential development including the
Brightwood Square subdivision.
Current plans on file in the Washington County Planning Department include further
development of the Robinwood Medical Campus and additional PUD developments called
Kings Crest and Woodbridge.
The larger parcel of the subject site was originally zoned PR - Planned
Residential. In July of 1985, large tracts of land in the vicinity of the Junior
College were rezoned from Planned Residential to Residential Suburban and RS -
PUD, this was part of the Zoning Ordinance amendment which replaced the PR
designation with the current PUD designation. At that time, there was no
development plan in place for the subject property, therefore, it was rezoned to
RS. In 1992, a subdivision plat was approved for a 140 lot single family
development on the subject property. While this plat has been filed and approved,
no development of these lots has occurred. The proposed PUD on this property if
approved would substantially alter this previously approved subdivision. The
smaller tract of land which is also part of this request is currently zoned
Agricultural as is all of the surrounding land. This classification has been in
place since the inception of zoning in 1973.
A change in this property's designation to RS -PUD utilizing a mix of apartments
and town houses would not appear to be incompatible with the current mix of
residential development in this area. The PUD's concept plan must provide
adequate buffering between single family and multi -family uses as well as
commercial development. For purposes of initial review of a PUD application, the
concept plan adequately identifies future commercial areas and their relationship
to the residential areas. Future preliminary and final development plans would be
required to substantiate the need for this commercial area in accordance with
comprehensive plan policies.
g) The relationship of the proposed change to the Adopted Plan for the
County, Development Analysis Plan Map and Policies.
The County's Comprehensive Plan identifies two distinct areas for implementation
of land use development policies. The Urban and Town Growth Areas where public
facilities are or may be available are the locations where urban type development
will be encouraged.
The subject property is located within the adopted Urban Growth Area. The
Comprehensive Plan makes land use statements for several types of development
within this area and this is the area in Washington County in which a PUD would be
most compatible with the adopted Washington County Comprehensive Plan. PUD's are
encouraged in this area.
NOVEMBER 14, 1995
MINUTES, CONT'D.
h) That there has been a substantial change in the character of the
neighborhood where the property is located.
Not applicable.
i) That there was a mistake in the existinq zoninq classification.
Not applicable.
j) The purpose of the PUD District.
The Washington County Zoning Ordinance states that the purpose of a PUD District
is "to permit a greater degree of flexibility and more creativity in the design
and development of residential areas than is possible under conventional zoning
standards. The purpose is also to promote a more harmonious variety of housing
choices, a more varied level of community amenities, and the promotion of adequate
open space and scenic attractiveness". The applicant references more economical
and efficient use of the land as well as the provision of "substantial" amenities,
and open space areas to address the purpose of the PUD. Although there is nothing
in the zoning regulations to prohibit the provision of amenities to a single
family development under the existing RS classification, the use of the PUD
provides for multi -family dwellings in a more concentrated area and allows for the
use of greater expanses of common open space instead of these areas being split up
by individual lots which is the case in conventional subdivisions. The PUD
designation also allows for commercial development which is not permitted under
the existing RS zoning.
k) The applicable policies of the adopted Comprehensive Plan of Washington
County.
The Comprehensive Plan encourages growth to occur within the Urban Growth Area
where adequate public facilities exist or are planned and that development should
offer a wide variety of housing types and costs. The attractiveness and
livability of the community should be ensured by adherence to sound principles of
community design.
The applicant's statement that the Robinwood corridor is targeted for higher
intensity development is generally correct. The area is clearly within the Urban
Growth Area and contains the highest concentration of PUD zoned land in the
County. The primary reason for this concentration of PUD's is that much of the
land in this area including the subject property was originally zoned PR (Planned
Residential) when zoning was adopted in 1973. The Comprehensive Plan that was in
effect at that time called for this area to be developed as a "college community".
The original Comprehensive Plan also recognized future growth of the Junior
College and its "poor access", stating that it will require correction. the
Comprehensive Plan that is now in effect was adopted in 1983 and incorporated the
idea of Planned Unit Developments. The new Plan did not target growth to specific
areas. Instead, the Plan set up the concept of urban and town growth areas around
centers of existing development and infrastructure. When PR zoning was replaced
by PUD in 1985 only those properties that had a concept plan approved by the
Planning Commission were given the PUD designation.
The proposed PUD is a progressive and innovative zoning classification which
allows the most flexibility in land use and site design. The proposed PUD
represents a unified plan for the entire property that presents an alternative to
conventional development and appears to be in keeping with the Comprehensive
Plan's goals and policies as long as the provision of adequate infrastructure is
addressed.
1) Compatibility of the proposed PUD with neighboring properties.
See paragraph (e) above.
m) Effect of the PUD on community infrastructure.
The proposed PUD contains all multi -family and townhouse units and would therefore
be required to abide by Article V of the Adequate Public Facilities Ordinance.
During the Development Plan review stages, the developer shall address the
adequacy of schools based on anticipated school capacity problems identified by
the school district in the PUD review process.
The County Engineer believes that significant off-site improvements will be
required to accommodate this development. This proposed PUD will have substantial
effect on County roads surrounding the PUD, particular in the Robinwood Drive area
and Mt. Aetna Road area and would have substantial impact on the schools servicing
this development.
NOVEMBER 14, 1995
MINUTES, CONT'D.
n) Whether there has been a convincing demonstration that the proposed
rezoning would be appropriate and logical for the subject property.
Based on comprehensive plan policies and neighborhood compatibility, it would
appear that the proposed rezoning would be appropriate and logical for the subject
property. However, that appropriateness is conditioned on needed improvements to
community infrastructure being in place. Specifically, because of the potential
for substantial off-site road improvements and the need for additional school
capacity to address impacts from the proposed development, the developer shall
address the adequacy issue in accordance with the Adequate Public Facilities
Ordinance through the consummation of a developer's agreement between the County
and developer to insure that anticipated impacts are addressed in a timely manner
and the resources to effectuate mitigation are in place.
Motion made by Commissioner Downey, seconded by Shank, that based on the approved
Findings of Fact as presented, the report and recommendations of the Planning
Commission, the definition of the neighborhood, and the fact that there has been a
mistake in the existing zoning, that there has been a convincing demonstration
that the requested rezoning would be appropriate and logical for the subject
property. Unanimously approved.
Motion made by Commissioner Shank, seconded by Bowers, that, based on the previous
Motions for RZ-95-04, the subject property be rezoned with a Planned Unit
Development "PUD" overlay. Motion carried with Commissioners Shank, Bowers,
Downey, and Snook voting "AYE" and Commissioner Wade voting "NO".
Commissioner Wade expressed his concerns on the affect of the PUD on the
infrastructure in the area. Commissioner Downey indicated that this would be
addressed during the site plan approval process. After discussion, the Board
directed the Planning Staff to develop a comprehensive program for funding
infrastructure improvements in the Robinwood corridor with all PUD previously
zoned property being included in the program.
REZONING CASE - RZ-95-05 (MILLARD & BEVERLY KRETZER)
Motion made by Commissioner Bowers, seconded by Wade, to accept the proposed
findings of fact presented by the County Attorney, together with the report and
recommendation of the Planning Commission. Motion carried with Commissioners
Bowers, Wade, Downey and Snook voting AYE" and Commissioner Shank voting "NO".
The Board of County Commissioners of Washington County, Maryland, pursuant to
Section 27.3 of the Zoning Ordinance of Washington County, makes the following
findings of fact:
a) The report and recommendations of the Planning and Zoning Commission.
The Washington County Planning Commission took action at their regular meeting
held on Monday, November 6, 1995, to recommend denial of map amendment RZ-95-05.
The Commission's decision was rendered upon due consideration of testimony given
at the public hearing held on September 18, 1995, any correspondence received in
lieu of public testimony during the 10 day period following the public hearing and
Staff Reports dated August 11, 1995 and October 31, 1995.
The Planning Commission accepted the Staff's findings of fact as the Commission's
findings of fact pursuant to Section 27.3 of the Washington County Zoning
Ordinance. The recommendation was based on the Commission's opinion that the
applicant failed to substantiate that there was an error in the original zoning.
The testimony provided by the applicant tended to focus on the historical
existence of a business on this site and because a business existed it should have
been zoned with a business classification.
It was the Planning Commission's position that the past designation of a business
on this site as a non -conforming use was not inappropriate and (no matter how long
that use may have existed prior to zoning or after zoning was implemented) the
mere fact of its existence at the time of the initial comprehensive rezoning of
the County was insufficient justification to substantiate a claim of a mistake in
original zoning.
b) Population change in the area of the proposed change.
The proposed rezoning is located in Election District 10. The population in this
district has increased between 1970 and 1990 substantially. From 1970 to 1980 the
population increased 19.6 percent and from 1980 to 1990, the population increased
15.8 percent to a total population in this election district of 9,034.
NOVEMBER 14, 1995
MINUTES, CONT'D.
c) Availability of public facilities in the area.
The Washington County Water and Sewerage Plan designates the subject site as
having a water service priority designation of W-1. The City of Hagerstown Water
Department has no objection to the proposed rezoning and service is currently on
site. The site has a sewerage service priority designation of S-3 which indicates
service is programmed. Sewer service is not currently available at this time to
the site, although the project is within an active subdistrict.
Fire protection is provided by the Fairplay Volunteer Fire Company located
approximately 3.5 miles to the south. Emergency medical services is provided by
the Hagerstown Community Rescue Service located approximately 4 miles to the
northwest.
The subject site is served by the County Commuter which makes two trips per day on
Wednesday and Saturday via scheduled routes to Sharpsburg. The rezoning site is
within the school districts of Emma K. Doub Elementary, E. Russell Hicks Middle
School, and South Hagerstown High School. A reclassification to the Business
Local District would not have an impact on the area schools.
d) Present and future transportation patterns in the area.
The subject rezoning is located in the southeastern corner of College Road and the
Sharpsburg Pike (Route 65). The site has 260 feet of frontage on College Road and
152 feet along the Sharpsburg Pike. The Sharpsburg Pike, according to the
Washington County Highway Plan, is classified as a Minor Arterial with minimum
requirements for future access spacing of 500 feet and future right of way
requirements of 50 feet from centerline. College Road is classified local with no
access spacing requirements and a future right-of-way of 25 feet from centerline.
The Washington County Engineer stated that his office does not recommend approval
due to the increase in traffic that would be generated at this parcel and the very
poor access conditions that exist. Both College Road and MD Route 65 have
increasing traffic volumes and the intersection will experience increasing
congestion. The accesses which currently exist are too close to the intersection
for safe operation. The State Highway Administration has no objection to the
proposed rezoning.
e) Compatibility with existing and proposed development in the area
including indication of neighboring sites identified by the Washington County
Historic Sites Survey and subsequent revisions or updates.
The subject site is currently classified Residential Suburban. Located to the
north along the east side of Sharpsburg Pike are several single family homes and a
157 acre farm owned by Earl Grove. These properties are zoned Agriculture. South
of the Kretzer property and on the west side of Route 65 is the residential
development known as St. James Village. Zoning for this area is "RS", Residential
Suburban. Across the Sharpsburg Pike from this site is another single family
subdivision called Clover Heights which is classified "RR", Rural Residential.
Situated to the northwest of the site and across College Road is the future site
of St. James Village North, a 134 Planned Unit Development with a Rural
Residential designation. Approximately 72 acres of the concept proposes 263
single family and semi-detached lots. Seven acres are to be developed into local
retail and service shops. There are five sites located on the Washington County
Historic Site Survey within one-half mile of the MD/College Road intersection.
One of the structures is located on the subject site and is identified within the
survey as a 19th century log farm house and barn. The other four structures were
all generally described as 19th century brick houses.
f) The relationship of the proposed change to the Adopted Plan for the
County, Development Analysis Plan Map and Policies.
The County's Comprehensive Plan identifies two distinct areas for implementation
of land use development policies. The subject property is located within the
adopted Urban Growth Area. The Plan makes land use statements for several types
of development within this area, and generally the Plan encourages efforts to
redevelopment and revitalize established neighborhoods and commercial areas in
order to preserve and maintain existing housing and services resources.
g) Definition of the neighborhood.
For the purposes of the rezoning, the neighborhood is defined as one-half mile
south along Maryland Route 65, one-half mile to the west along College Road, one-
half mile north along the Sharpsburg Pike, and one-quarter mile to the east of the
Sharpsburg Pike.
NOVEMBER 14, 1995
MINUTES, CONT'D.
Motion made by Commissioner Bowers, seconded by Downey, that based upon the
findings of facts previously adopted and the report and recommendations of the
Planning Commission, that there has not been a mistake in the existing zoning
classification. Motion carried with Commissioners Bowers, Downey, and Wade voting
AYE" and Commissioners Shank and Snook voting "NO".
Motion made by Commissioner Wade, seconded by Bowers, that Rezoning Case RZ-95-05
be denied, based on the previous motions, the findings of fact, and the acceptance
of the Planning Commission's recommendation. Motion carried with Commissioners
Wade, Bowers, and Downey voting "AYE" and Commissioners Shank and Snook voting
NO".
COMPREHENSIVE PLAN AMENDMENTS CP -95-01 AND CP -95-02
Motion made by Commissioner Shank, seconded by Wade, to TABLE discussion of
Comprehensive Plan Amendments CP -95-01 and CP -95-02. Unanimously approved.
HIGHWAY INTERCHANGE GROUP IV - ORDINANCE
Motion made by Commissioner Shank, seconded by Bowers, to approve Highway
Interchange Group IV, in accordance with the ordinances and findings of fact
submitted by the County Attorney, consisting of Rezoning Case RZ-95-6.1; Rezoning
Case RZ-95-6.2; Rezoning Case RZ-95-6.3; Rezoning Case RZ-95-6.4 and Rezoning Case
RZ-95-6.5, and the recommendations submitted by the Planning Commission, as an
update to the Comprehensive Plan and Comprehensive Zoning of the County in
accordance with Section 3.05 of Article 66B of the Annotated Code of Maryland.
Motion carried unanimously with Commissioner Snook "ABSTAINING" from RZ-95-6.4.
A copy of the Ordinance and Findings of Fact are attached)
DEED CONVEYANCE - WATER & SEWER DEPARTMENT
Motion made by Commissioner Shank, seconded by Wade, to approve a deed conveyance
to The Bowman Group from the Water and Sewer Department for property near the
pumping station in exchange for an easement to allow future expansion of the sewer
line. Unanimously approved.
CITIZEN PARTICIPATION
There was no one in attendance who wished to participate in the time set aside for
citizens participation.
CONSOLIDATION OF REAL ESTATE PROPERTY TAX AND PERSONAL PROPERTY TAX BILLING AND
COLLECTION
Todd Hershey, County Treasurer, appeared before the Commissioners to inform them
of his letter to the municipalities within Washington County offering to
consolidate their real estate property tax and personal property tax billings and
collection with the County's system. Mr. Hershey listed the benefits associated
with the consolidation now that the State has adopted a semi-annual system, but
stated that the municipalities will receive their revenues approximately 40 days
later than when they perform their own collection services. He provided details
on how the program would work with the municipalities. The Commissioners thanked
Mr. Hershey for keeping them informed.
DESIGNATION OF COUNTY AGENCY - GAMING COMMISSION REGULATIONS
Motion made by Commissioner Shank, seconded by Wade, to change the designation of
County Agency" in the Gaming Commission regulations from Kathleen Riley, Division
Chief of Citizens Services to the Office of the Gaming Commission Coordinator.
Unanimously approved.
REAPPOINTMENT - HOUSING REHABILITATION LOAN COMMITTEE
Motion made by Commissioner Bowers, seconded by Wade, to appoint Cynthia K. Hall -
Snyder to the Housing Rehabilitation Loan Committee to replace Iris Reeder.
Unanimously approved.
APPOINTMENTS - FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD
Motion made by Commissioner Bowers, seconded by Wade, to appoint Doug Snow, Randy
Gaver, Chris Amos and Rick Blair to the Fire & Rescue Communications Advisory
Board for three year terms. Unanimously approved.
PINESBURG SOFTBALL COMPLEX - UPDATE
Ronald Kidd, Director of Recreation & Parks, appeared before the Commissioners to
provide an update on the Pinesburg Softball Complex. Mr. Kidd stated that the
project is 90% complete. He stated that the bulk excavation has been completed
and the contractor will be working on the stormwater management pond next week.
NOVEMBER 14, 1995
MINUTES, CONT'D.
He provided information on the cost overruns at this time but indicated that the
final adjustment of quantities will determine the total cost at the end of the
project. He also informed the Commissioners that the Recreation & Parks
Department will be holding a weekend tournament in July of 1996 but the softball
leagues won't actually begin play at the Pinesburg complex until the spring of
1997.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Downey, seconded by Wade, to convene in Closed Session
at 11:16 a.m., with regard to personnel matters, in accordance with Section 10.508
of the State Government Article of the Annotated Code of Maryland. Unanimously
approved.
The Commissioners recessed for lunch from 12:06 - 1:06 p.m.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Bowers, seconded by Shank, to reconvene in Regular
Session at 1:51 p.m. Unanimously approved.
In Closed Session the Commissioners discussed two (2) personnel matters.
MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education members Thomas Berry, Janice
Cirincione, Dori Nipps, B. Marie Byers, and Robert Kline. Also present were Dr.
Wayne Gersen, Superintendent of Schools; David Brandenberg, Supervisor of
Accounting; and James Lemmert, Assistant Superintendent of Operations.
1997-2002 Capital Program for IAC; 1996-2001 Capital Improvement Program for
Washington County
Dr. Gersen reviewed the 1997-2002 CIP Projects which were submitted to the State
Interagency (IAC) Committee. He stated that the Priority #1 project is Smithsburg
Elementary Renovation/Addition project and the Priority #2 project is Lincolnshire
Elementary Renovation/Addition project. Dr. Gersen indicated that he has been
advised that the State won't be able to initiate the Lincolnshire project next
year due to budget cuts, but that they will try to appeal this decision to the
Board of Public Works. He then reviewed the systemic projects which have been
prioritized and the future projects included on the submission to the IAC. He
stated that the Board adopted a preliminary recommendation to be sent to the State
and answered questions from the Commissioners on the various projects.
Commissioner Snook stated that he feels the County's commitment of $2.5 million
per year is still a feasible number for long-range CIP projects.
Quarterly Budget Report
Dr. Gersen provided a review the first quarter of operations and the percentages
spent through September 1995. He stated that they appear to be on target with
their budget and are not requesting any transfers between budget categories.
Commissioners Bowers had several questions regarding the health insurance fund and
Mr. Brandenburg agreed to give him specific information on why there is a large
amount in this fund.
Proposed Calendar of the Development of the 1996-97 Operating Budget
Dr. Gersen asked the Commissioners to give them a time schedule for development of
the Operating Budget for FY 1997. He stated that they are open to ideas on ways
to change the format of their budget. He provided a summary of possible direct
and indirect program losses from federal and state budget cuts. He stated that
these losses total $1.6 million and the Board would have to decide if they want to
fund these programs through local monies if the state and federal funds are cut.
Commissioner Shank stated that the Board of Education should accept the budget
figure given to them by the County Commissioners. The Board members advised the
Commissioners that they feel they have to put in the budget what they feel is
needed for quality programs even if they know the County's bottom line budget
figure will not fund all of the proposed items. The Commissioners agreed that
they need to try to work together on this matter, and Commissioner Wade suggested
that they try to make long-range projections for the operating budget like they do
for the CIP budget. The group decided to try to get the final budget numbers as
soon as possible to allow more discussion on the items and to schedule another
joint meeting within 30 days.
NOVEMBER 14, 1995
MINUTES, CONT'D.
Fixed Asset Inventory
Dr. Gersen informed the Commissioners that they will be sending out a Request for
Proposals (RFP) for a fixed asset inventory which will allow the County to receive
an unqualified audit opinion. Commissioner Snook recommended that they tailor the
RFP to receive proposals for fixed assets costs of $200, $400, or $1,000. He
stated that the County's auditor suggested that the Board of Education keep a
fixed asset report for items $1,000 and over.
ADJOURNMENT
Motion made by Commissioner Downey, seconded by Wade, to adjourn at 3:40 p.m.
Unanimously approved.
County Administrator
Clerk