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HomeMy WebLinkAbout960220 February 20, 1996 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 Wade, followed by the Pledge of Allegiance to the Flag by the full assemblage. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Snook informed the Commissioners that the Maryland Department of the Environment will be holding a public hearing on February 29 regarding the dewatering of the quarry on Rockdale Road. The Commissioners also agreed to provide a letter of support to Dr. Gallagher who is seeking grant funding for the Free Clinic from the Department of Health & Mental Hygiene. Commissioner Wade reported on the presentation made by the LRA Executive Committee to the Maryland Planning Office, Department of Business & Economic Development, and the Western Maryland Delegation. He also reported on the Municipal League meeting and Board of Education budget presentation. BID AWARD - LANDIS ROAD PROJECT Motion made by Commissioner Downey, seconded by Wade, to award the bid for the Landis Road project to C. William Hetzer, Inc. who submitted the low bid of $149,248.25. Unanimously approved. BID AWARD - ROADWAY & SIGNAL DESIGN SERVICES - ROBINWOOD DRIVE Motion made by Commissioner Downey, seconded by Wade, to award the bid for roadway and signal design services for the Robinwood Drive area to Frederick, Seibert & Associates who submitted the low bid of $135,675 for the base bid ($95,000) and the five recommended add alternates ($40,675), as recommended by the Coordinating Committee. Unanimously approved. BUDGET TRANSFER - RECREATION & PARKS DEPARTMENT Motion made by Commissioner Shank, seconded by Wade, to approve the budget transfer of $1,387.04 from the Recreation & Parks Department Account 01-5-1811- 688-000 to Account 01-5-1811-510-170, to place this purchase in the correct category. Unanimously approved. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that Leadership Hagerstown has invited them to a breakfast reception on Tuesday, April 2, at 7:30 a.m. The class of Leadership Hagerstown will then attend the Commissioners' meeting to observe from 8:30 a.m. until 10:00 a.m. Mr. Shoop reminded the Commissioners of the meeting with California Microwave at the Regional Airport Terminal on February 22. BOARD OF EDUCATION - MID-YEAR CATEGORY TRANSFERS/CIP ADJUSTMENTS/ AND FIXED ASSET INVENTORY Dr. Wayne Gersen, Superintendent of Schools, and David Brandenburg, Supervisor of Accounting, met with the Commissioners to request their approval for mid- year category transfers in the 1995-96 operating budget and to seek approval for adjustments to the Capital Improvements Plan (CIP). Dr. Gersen reviewed the purpose for the changes in categories and the revised CIP budget. Motion made by Commissioner Shank, seconded by Downey, to approve the following transfers in the Board of Education's operating budget categories: Instruction -increase by $33,350; Pupil Personnel - decrease $5,870; Transportation - decrease $69,470; Operations - increase $45,255; Maintenance - decrease $42,005; and Special Education - increase $38,740; and to approve the revised Capital Projects budget as presented. Motion carried with Commissioners Shank, Downey, Wade, and Snook voting "AYE" and Commissioner Bowers voting "NO". Dr. Gersen informed the Commissioners that the Board of Education has awarded the bid to develop a fixed asset inventory to The Valuation Advisory Group, Inc. to include fixed assets of $400 and over. The Commissioners discussed the options included in the bid submittals and the Board's decision not to select the grouping option. Dr. Gersen also advised the Commissioners that the Board has received $103,810.40 of unanticipated revenue from the Federal government in Federal Impact Aid, and they will apply this toward next years operating budget to help lower FEBRUARY 20, 1996 PAGE TWO their funding request to the County. Mr. Brandenburg stated that they were informed that the County fell below the level of students needed to receive Federal Impact Aid and would not be receiving funding this year. He attempted to explain the formula calculations used for Federal Impact Aid funds and the probability of receiving funds from this source in the future. REZONING CASE RZ-95-07 (340 LAND CORPORATION) Motion made by Commissioner Wade, seconded by Shank, to accept the definition of the neighborhood, the following Findings of Fact presented by the County Attorney together with the Report and Recommendation of the Planning Commission for RZ-95-07, pursuant to Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) Definition of the neighborhood. The Board of County Commissioners defines the neighborhood for the properties which are the subject of RZ-95-07 as being located in the Sandy Hook Election District 11, located in the northeast quadrant of the US 340 and Keep Tryst Road intersection, and on the south side of Keep Tryst Road (Gilbert parcel) which consist of 3.151, .522, .511 and .766 acres and identified as parcel numbers 26, 31, 151 and 27 respectively on tax map 87 (see Attachment A). (b) The report and recommendations of the Planning Commission. The Washington Planning Commission on December 4, 1995, voted to recommend approval of Map Amendment RZ-95-07. The decision was based upon the testimony given at the joint public hearing on November 13, 1995, correspondence received in lieu of public testimony during the ten-day period following the public hearing, and staff reports dated October 30, 1995, and December 29, 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 upon the Commission's opinion that the applicant established that a change had occurred in the character of the neighborhood. This position was based on the following: (1) The new residential development of Prospect Hill represents an increase in population in the area which will require commercial services. (2) The rezoning of the Martin Tract (RZ-261) from Conservation to Business General in 1983 was a clear indication that this section of the neighborhood was recognized by the County government as being in need of a business district to serve this area. (3) The inclusion of the subject parcels in to the Sandy Hook "Rural Village Service Area" with a service priority designation of W-3 and S-3 has made extension of public facilities to these properties consistent with the policies of the Comprehensive Plan. (4) The extension of services to the Applicants' properties further benefits the surrounding neighborhood as it consequently promotes the general health and welfare of the community. (5) When the Comprehensive Plan was first adopted for Washington County on April 2, 1973, there already existed on these properties a number of commercial businesses, namely, a restaurant, a service station, and a liquor store. There was also a motel located on the south side of Keep Tryst Road. Commercial business operations have continued in one form or another in this area for approximately fifty (50) years. Despite this history of past commercial activity, these properties, as well as those properties below Keep Tryst Road, were zoned Conservation. (6) If rezoned, the site would be compatible with contiguous and proposed development. (c) Population change in the area of the proposed change. The population in Election District 11 in which the subject properties are located increased in population by 9.5% from 1970 to 1980 and 7.3% from 1980 to 1990. (d) Availability of public facilities in the area. According to the adopted Water and Sewerage Plan for Washington County, the subject sites are classified as W-3 and S-3. W-3 and S-3 classifications indicate that public water and sewer are programmed to serve the parcels. The parcels FEBRUARY 20, 1996 PAGE THREE prior to the 1994 Update of the Water and Sewerage Plan were classified "no planned service". The change in classifications resulted from their inclusion into the "Rural Village Service Area" associated with Sandy Hook. The designation also means that water and sewer service is not currently available to this area; however, the extension of facilities to serve the subject parcels would be considered consistent with the policies of the Comprehensive Plan for the County. Fire protection is provided by the Potomac Valley Fire Company located in the village of Sandy Hook. Emergency medical service is provided by the Brunswick Ambulance Company. The County Commuter bus service is not readily available to this site as the closest route would be the service provided to Boonsboro-Sharpsburg corridor (MD 34) from Hagerstown. Regional commuter rail service is available on the MARC system at the Brunswick station. The schools serving the said sites are Pleasant Valley Elementary, Boonsboro Middle, and Boonsboro High School. The demand for educational services would remain relatively unchanged as the existing non-conforming structures will probably remain commercial and would not significantly affect student enrollment. (e) Present and future transportation patterns in the area. The subject properties (Parcels 26, 31, and 151) have approximately 800 feet of public road frontage on the east side of U.S. 340 which is platted as "denied access". Parcels 26 and 151 also have a combined frontage of approximately 300 feet along Keep Tryst Road. Parcel 27 has approximately 300 feet of frontage on the south side of Keep Tryst Road, also designated as MD 180 - the old relocated US 340. US 340 is designated as "Principal Arterial" in the Washington County Highway Plan and can be expected to carry 10,000 to 25,000 vehicles per day. Keep Tryst Road is classified as a "Local Road" which can be expected to carry 2,000 vehicles per day in an urban setting. Traffic data are available for an extended period of time which provide an indication of traffic trends throughout this general region. The adopted State Consolidated Transportation Program and Washington County Improvements Program covering fiscal years 1996 through 2001 contain no projects for this immediate area. The County Engineer takes no exception to the requested rezoning; however, some of the current accesses for the subject parcels off Keep Tryst Road do not meet current standards and will need to be corrected as part of the site plan approval for any changes to these sites. The Maryland State Highway Administration has no objection to approval except that access to US 340 is denied on SHA R/W Plats and the access will need to be from Keep Tryst Road. The future traffic patterns for this are not anticipated to change significantly. (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. Development in the vicinity is oriented along Keep Tryst Road (MD 180) between its two connections with US 340. The commercial development is situated at the western end of Keep Tryst Road near its intersection with US 340. In addition to the subject commercial uses, the Hillside Motel is located immediately adjacent to these sites. The Hillside Motel is situated on a parcel that was rezoned in September 1983 (RZ-261). The rezoning of these parcels would appear to be compatible with this adjacent commercial use especially when considering their physical location and inter-relationship with US 340. Residential development is located east of the subject parcels along the Keep Tryst Road which end as an access to eastbound US 340. In general, the residential units are single family units situated on large lots that predate the adoption of the Zoning Ordinance. Recently a new subdivision, Prospect Hill, was established off the north side of Keep Tryst Road near its intersection with Sandy Hook Road. The following historic sites listed on the Washington County Historic Sites Survey are located within a .5 mile radius of the proposed rezoning. The sites are not located on the subject property. 1. WA-111-033 19th Century Farmhouse located 1200' east of the subject parcels on Keep Tryst Road FEBRUARY 20, 1996 PAGE FOUR 2. WA-111-043 Bellman House located 2500' east of the subject parcels on Keep Tryst Road 3. WA-111-044 Brick house located 1400' southwest of the subject parcels off of Sandy Hook Road (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property is located within the Rural-Agricultural Area as designated by the Comprehensive Plan. In broad terms, the Comprehensive Plan encourages development within the Growth Area and encourages preservation of Agricultural land in the Rural-Agricultural Area. Motion made by Commissioner Wade, seconded by Shank, based upon the report and recommendation of the Planning Commission, the definition of the neighborhood, and the adopted findings of fact, that there has been a substantial change in the character of the neighborhood where the property is located. Unanimously approved. Motion made by Commissioner Wade, seconded by Bowers, based upon the 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 substantial change in the character of the neighborhood, that there has been a convincing demonstration that the rezoning would be appropriate and logical for the subject property. Unanimously approved. Motion made by Commissioner Wade, seconded by Bowers, based on the previous Motions for RZ-95-07, that the subject property be rezoned from with Conservation (C) to Business Local (BL). Unanimously approved. FEMA UPDATE Ron Karn, Chief of Fire & Rescue Communications, met with the Commissioners to provide an update on the application for disaster assistance through FEMA for the damage which occurred in January from the blizzard and flooding. Mr. Karn informed the Commissioners of the steps required in the application process and provided details on the funding available. He stated that eligible costs will be reviewed and 75% of eligible costs will be reimbursed. Mr. Karn stated that FEMA evaluations are now taking place, and additional assistance may be required to allow the information to be submitted to them. He indicated that tentative costs for snow removal are $668,072 and flooding damage costs are $692,054. RECYCLING DROP-OFF SERVICES AGREEMENT Motion made by Commissioner Downey, seconded by Bowers, to approve the renewal of the Recycling Drop-Off Services Agreement with Browning-Ferris, Inc. (BFI), for a one-year period with an increase from $134,293 to $136,275/year. Unanimously approved. EXPRESSION OF APPRECIATION - JOHN MULLENDORE The Commissioners thanked John Mullendore for refurbishing the bases for the flag poles in the meeting room. PROPOSED LEGISLATION - ECONOMIC DEVELOPMENT COMMISSION Mr. Shoop reviewed the proposed legislation he drafted to restructure the Economic Development Commission. Mr. Shoop stated that it is important to get draft legislation submitted to the Delegation to the General Assembly for their review, which can be amended at a later date if necessary. Commissioner Wade expressed his concerns regarding submitting a draft without having ample time for review. He stated that steps can be taken in the interim to involve the community in developing a proposal and have legislation submitted during next year's session. Commissioners Shank and Downey expressed their belief that some type of enabling legislation should be submitted to allow changes to be made this year. Commissioner Bowers suggested that they ask for enabling legislation similar to that used to establish the Board of Public Works with more specific details to be sent to the Delegation at a later date. After discussion, it was the consensus of the Commissioners to appoint a "blue ribbon" panel to review the draft legislation, as well as the Chamber of Commerce's proposal, and make a recommendation back to them within a 30-day period. The Commissioners agreed to ask the Delegation if they would submit broad-based enabling legislation to allow them to make changes to the EDC structure at a later date. FEBRUARY 20, 1996 PAGE FIVE CITIZENS PARTICIPATION Charles Shindle stated that he feels that more study should be made on the restructuring of the Economic Development Commission before legislation is enacted. He also commended the efforts of the County Roads Department and volunteer fire and rescue companies who served during the entire emergency situation caused by the blizzard and flood. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in Closed Session at 11:04 a.m., with regard to personnel and property matters, to consult with the County Attorney, and to consider businesses relocating in Washington County, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Bowers, seconded by Downey, to reconvene in Regular Session at 11:50 a.m. Unanimously approved. In Closed Session the Commissioners discussed three (3) personnel matters and discussed six (6) businesses considering relocation to Washington County. RECESS - LUNCH The Commissioners recessed at 11:51 a.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 12:33 p.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. BOND SALE - 1996 PUBLIC IMPROVEMENT BONDS Motion made by Commissioner Bowers, seconded by Wade, to accept the low proposal of Legg Mason Wood Walker, Inc. at the rate of 5.1392% for the sale of the 1996 Public Improvement Bonds and to approve the Supplemental Resolution. Unanimously approved. (Copy of Supplemental Resolution attached.) UPGRADE - JULIE PEPPLE - WATER & SEWER DEPARTMENT Motion made by Commissioner Wade, seconded by Shank, to upgrade Julie Pepple from Water & Sewer Plant Operator II to Operator IV to fill an existing vacancy. Unanimously approved. TERMINATION OF EMPLOYMENT - WATER & SEWER LABORATORY TECHNICIAN Motion made by Commissioner Downey, seconded by Wade, to terminate the employment of Jody Burley as Laboratory Technician III at the Water & Sewer Department, during her probationary period. Unanimously approved. UPGRADE - WATER & SEWER OPERATORS & MAINTENANCE PERSONNEL Motion made by Commissioner Shank, seconded by Bowers, to upgrade the salaries of Water & Sewer Plant Operators and Maintenance Personnel at the Water & Sewer Department, as presented by the Director of Human Resources, effective July 1, 1996, during a two-year phase-in period. Unanimously approved. DISCUSSION OF GAMING LEGISLATION AMENDMENTS Commissioner Snook reviewed the amendments made by the Delegation to the gaming legislation. After discussion, the Commissioners agreed to ask the Delegation to reconsider waiving the payment of fees by volunteer fire and rescue companies. It was also the consensus of the Commissioners to request that they modify their amendment regarding the composition of the membership of the Gaming Commission and to reconsider their addition of a requirement that the County not be allowed to reduce its contribution to non-profit agencies below the level funded in FY 1996. BUDGET REQUEST PRESENTATION - TRANSPORTATION DEPARTMENT Roads Department - J. Theodore Wolford, Superintendent of the Transportation Department; James Sterling, Assistant Superintendent; and J. C. Charles, Shop Supervisor, presented the Roads Department budget request for FY 1996-97 in the total amount of $6,230,000 for all budgets. Mr. Wolford highlighted the major changes in budget categories and line items and the reasons for the increase. County Commuter - Mr. Wolford presented the budget request for the County Commuter and S.T.A.P. program for FY 1996-97 in the amount of $1,396,000. FEBRUARY 20, 1996 PAGE SIX UPDATE ON LEGISLATIVE ISSUES - CONFERENCE CALL WITH DELEGATE DONOGHUE Delegate John Donoghue spoke with the Commissioners through a conference call to provide an update on Washington County's legislative requests. Commissioner Snook asked Delegate Donoghue to obtain additional information on the status of a Senate Bill submitted regarding ownership of golf courses and if this legislation would affect Washington County. He also asked Delegate Donoghue if the Delegation would reconsider recent amendments made to the gaming legislation. Commissioner Snook asked that the Delegation not require appointment of a member from a specific organization to the Gaming Commission but to make it more general from an "industry or club" and also asked that they grant the additional appointments to the Gaming Commission or to the Commissioners rather than the Delegation. Commissioner Snook asked that the amendment requiring the County to maintain the current funding level of non- profit agencies be omitted. Delegate Donoghue explained that Delegate Hecht proposed this because of her concern that non-profits would not continue to receive the level of funding they now receive from the County. He agreed to bring it up again for discussion at the Delegation's meeting tomorrow morning. The Commissioners expressed their concern that this is an unfunded mandate and could put the County in a precarious situation. Commissioner Snook also requested that the Delegation change the word "shall" to "may" with regard to the waiver of fees from volunteer fire and rescue companies. The Commissioners also asked that the Delegation reconsider its decision to allow the balance of contributions which are not spent at the end of the year to be used the following year, but instead that these unused funds be turned over to the Gaming Commission. Commissioner Snook asked if the Delegation would consider submitting broad- based enabling legislation to allow the Commissioners to make changes to the current structure of the Economic Development Commission this year. He stated that the Commissioners want to consider the various proposals regarding the EDC and do not know exactly what changes they want to make at this time. Delegate Donoghue informed the Commissioners of hearing times for legislation for the Election Board, the licensure of electricians, and electronic advertising. He also stated that the Delegation is split regarding the request for an increase in the hotel-motel tax. Commissioner Bowers was excused from the meeting at 2:36 p.m. BUDGET REQUEST - REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Richard Phoebus, Airport Commission member, presented the budget request for the Regional Airport for FY 1996-97 in the amount of $652,164. Ms. Motz reviewed the major changes in the budget and the proposed rate increases recommended by the Airport Commission. DISCUSSION - PANEL TO STUDY PROPOSALS ON ECONOMIC DEVELOPMENT COMMISSION The Commissioner continued discussions regarding the panel to study proposals for restructuring the Economic Development Commission. CONSOLIDATION OF SERVICES PROPOSAL Commissioner Wade recommended that a committee be formed regarding the possible consolidation of services and that the City of Hagerstown be invited to participate on this committee. He also recommended that the focus of the committee begin with fire and rescue issues. The Commissioners agreed with Commissioner Wade's recommendation and asked Mr. Shoop to draft a letter regarding this proposal. RECESS The Commissioners recessed at 3:07 p.m. EVENING SESSION - TOWN OF FUNKSTOWN Commissioners Gregory Snook, John Shank, R. Lee Downey, and James Wade met at 7:00 p.m. with Funkstown Mayor Robert Kline, Assistant Mayor Paul Crampton, Jr. and Councilmembers Richard Nigh, Betty Mongan and Sharon Chirgott, at the Funkstown Town Hall. Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax rebate program. He stated that the Town of Funkstown will receive $6,547 for 1995, and is projected to receive $5,568 for 1996. He reviewed the figures used in the formula to calculate the tax rebate amounts. Commissioner Snook stated the County may consider a new method of calculating the tax rebate program. FEBRUARY 20, 1996 PAGE SEVEN The Commissioners discussed the Town of Funkstown's request for Program Open Space funding for park improvements. Mayor Kline informed the Commissioners that they are considering the annexation of additional property near Hebb Road and Beaver Creek Road. Commissioner Snook suggested that the Town consider adopting an Adequate Public Facilities Ordinance similar to the one adopted by the County. Mr. Crampton asked the County for its help to update the Town's ordinances to County standards. The Commissioners agreed to have County personnel meet with the Town Council to discuss this process. Commissioner Snook provided an update on FEMA activities and the reimbursement for disaster relief funds. Also discussed was the traffic congestion in the Town of Funkstown and the status of a bypass project. The Commissioners stated that they would check the CIP budget to see if it is scheduled. ADJOURNMENT Motion made by Commissioner Downey, seconded by Shank, to adjourn at 7:30 p.m. Unanimously approved. County Administrator County Attorney Clerk February 27, 1996 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 1:00 p.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. BUDGET REQUEST PRESENTATIONS - HAGERSTOWN JUNIOR COLLEGE, SOLID WASTE DEPARTMENT AND STATE'S ATTORNEY'S OFFICE Hagerstown Junior College - Merle Elliott, President of the Hagerstown Junior College Board of Trustees, and Dr. Norman Shea, President, presented Hagerstown Junior College's budget request for FY 1996-97 for a County appropriation of $3,777,760. Solid Waste Department - Robert Davenport, Director of Solid Waste Management, and Harvey Hoch, Recycling Coordinator, presented the budget request for the Solid Waste Department for FY 1996-97 in the amount of $3,781,932. State's Attorney - Ken Long, State's Attorney, and Charles Strong, Deputy State's Attorney, presented the FY l996-97 budget request for the State's Attorney's office in the amount of $95,256.