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HomeMy WebLinkAbout970610 June 10, 1997 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, and R. Lee Downey. 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. COMMISSIONERS REPORTS AND COMMENTS Commissioner Bowers reported on the lease-signing ceremony with International Masonry Institute held at Fort Ritchie. Commissioner Downey provided an update on the Advisory Board of Health meeting and the Emergency Services Council meeting. Commissioner Shank reported on the Recreation and Parks Board meeting. Commissioner Snook reminded the Commissioners that the Mason-Dixon soccer tournament will be held June 14 and 15. APPOINTMENTS - PENMAR DEVELOPMENT CORPORATION - BOARD OF DIRECTORS Motion made by Commissioner Bowers, seconded by Shank, to appoint Nancy Campbell, Steve Hull, Herman Hartman, Steve Swayne, and Brett Wilson to the PenMar Development Corporation Board of Directors. Unanimously approved. BID AWARD - PROPERTY INSURANCE COVERAGE Motion made by Commissioner Bowers, seconded by Shank, to award the bid for property and crime insurance coverage to Travelers Insurance Company, written through American Phoenix Corporation, which submitted the low proposal of $35,881. Unanimously approved. DISBURSEMENT OF SECTION 508 FUNDS - FIRE & RESCUE Kim Edlund, Assistant Director of Finance, met with the Commissioners regarding Section 508 grant funds allocated to Washington County by the State for fire and rescue companies. Ms. Edlund stated that a total of $109,704 was awarded for fiscal year 1997 for disbursement to the companies. She reviewed two options for allocating the funds. The first option would be to allocate $4,063.11 to each companies. The second option would allocate the minimum amount to the City of Hagerstown and the remainder to the other companies in equal shares. The Commissioners discussed the options and agreed to allocate the funding in equal shares to all companies. Motion made by Commissioner Shank, seconded by Bowers, to distribute the fiscal year 1997 Section 508 State grant funds in equal shares to all fire and rescue companies in Washington County. Unanimously approved. JUNE 10, 1997 PAGE TWO SOIL CONSERVATION DISTRICT SENSITIVE AREA REVIEW FEE Motion made by Commissioner Shank, seconded by Downey, to collect a $20 fee per site plan or subdivision plat for sensitive area reviews performed by the Soil Conservation District and to forward these funds to the Soil Conservation District. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that County  employees raised $555 through Mays Casual Day participation which was donated to the American Red Cross in support of flood victims in North Dakota and South Dakota. BUDGET TRANSFER - HIRT TEAM Motion made by Commissioner Downey, seconded by Bowers, to approve the transfer of $10,902.80 from Account 01-5-1218-682 to 01-5-1218-542 as requested by the Hazardous Incident Response Team (HIRT). Unanimously approved. MODIFIED DUTY PROCEDURE Alan Davis, Human Resources Director, distributed a draft copy of a policy  entitled Modified Duty Procedure. Mr. Davis reviewed the policy and proposed that the Commissioners establish a formal process for identifying employees who are temporarily unable to perform all the functions of their assigned job classifications and provide these employees with a procedure to fill a temporary modified work assignment. He provided background information and examples of how the policy would be utilized. The Commissioners discussed the policy and made minor amendments to it. They asked that Mr. Davis present a revised Modified  Duty Policy for consideration at next weeks meeting. PUBLIC HEARING - WASHINGTON COUNTY REGIONAL AIRPORT - PROPOSED RATE CHANGES The Commissioners convened the public hearing to consider the proposed increase in current charges, rentals and fees at the Washington County Regional Airport. Carolyn Motz, Airport Manager, and Brandon Taksa, Operations Manager, presented the current and proposed rates for T-Hangars, tie-down rates and access fees. Ms. Motz stated that the proposed rates would bring in $9,500 in additional revenue in fiscal year 1998 if adopted. After questions from the Commissioners, the hearing was opened for public comment. Roy Stoner, Rob Schwartz, Don Wilson and Keith Dentler spoke in opposition to the proposed rate increases. Commissioner Snook stated that the Commissioners have made arrangements to allow John Luce to make a presentation regarding the proposed rate increases due to confusion regarding the date of the hearing. The hearing was closed at 10:44 a.m., and Commissioner Snook stated that a decision will be made in approximately two weeks. CITIZEN PARTICIPATION Donald Allensworth commented on a trend in the Federal government to limit the use of highway funds. Ed Miller, C & O Canal Commissioner representing Washington County, informed the Commissioners that his term expires this year. He stated that he is willing to continue to serve in this capacity if the Commissioners would like him to do so. He also informed the Commissioners that the section of the C & O Canal between  McMahons Mill and Dam No. 4 Road is impassable and needs to be rebuilt. The Commissioners agreed to send a letter to the Superintendent of the Park Service asking that these concerns be addressed. BID REVIEW - SALE OF 101 SUMMIT AVENUE Dean Lowry, Administrative Engineer, informed the Commissioners that one sealed bid was received to purchase the property known as 101 Summit Avenue, as JUNE 10, 1997 PAGE THREE recently advertised. Mr. Lowry stated that the bid received was from L.S. Grimm Consulting Engineers in the amount of $100,000. He indicated that the offer did not conform to three of the conditions specified by the County regarding the payment of transfer and revenue stamps, the proposed date of settlement, and the date for transfer of the property. Mr. Lowry informed the Commissioners that the property is appraised at $132,000. He recommended that the Commissioners reject the bid and authorize him to meet with Mr. Grimm to obtain a modified offer. Motion made by Commissioner Shank, seconded by Bowers, to reject the bid as submitted by L.S. Grimm Consulting Engineers for the purchase of property located at 101 Summit Avenue. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, to authorize Dean Lowry, Administrative Engineer, to contact the bidder, L. S. Grimm Consulting Engineers, to discuss the sale of the property known as 101 Summit Avenue for the appraised value of $132,000, under the conditions outlined in the advertisement, and to review any offer made with the Commissioners for their approval. Unanimously approved. ORAL ARGUMENTS FOR REZONING CASES RZ-96-07 AND RZ-96-08 Richard Douglas, County Attorney, reviewed rezoning cases RZ-96-07, submitted by Virginia Tritch, and RZ-96-08, submitted by Albert Sheetz. He stated that the cases were consolidated for the public hearing on June 10, 1996, as they are adjoining properties. The owners have requested that their parcels be rezoned from Residential Urban to Business Local (BL). The rezoning requests were denied by the Commissioners, when the motion to grant the rezonings died for lack of a second. The cases were then appealed to the Circuit Court on October 1, 1996. Mr. Douglas explained that the Circuit Court remanded the case to the Board of County Commissioners for its determination on the sole remaining issue of whether there has been a convincing demonstration that the proposed rezoning is appropriate and logical for the subject properties. He indicated that the Commissioners previously approved the definition of the neighborhood, adopted findings of fact, and found a substantial change in the neighborhood. Mr. Douglas stated that the approval of RZ-97-01 is not a relevant factor, even though it is within the defined neighborhood, as it occurred after the decision on the subject cases. He then reviewed the testimony presented at the public hearing in opposition to the rezoning by neighboring property owners. John Urner, attorney for the applicants, stated that this is an established commercial corridor. He noted that this particular property is dominated by Fountainhead Plaza Shopping Center and Pennsylvania Avenue, which is a heavily- traveled commercial roadway. Mr. Urner argued that Business Local zoning is more appropriate than Business Transitional for these properties. He cited the  Planning Commissions finding was that there were sufficient protections in the site plan approval process for the adjoining residential properties, which are the same for both BL and BT categories. He indicated that there are no other parcels zoned BT contiguous to these properties, and the parcels would not use the same access road. These two criteria are generally applied by the Planning staff to support BT zoning. Mr. Urner stated that the Planning Commission recommended the Business Local classification. He submitted that there is no evidence that rezoning to BL would produce additional crime or decrease property values in the area. He asked that the Commissioners complete the process and grant the Business Local classification which he feels is the correct zoning for this property. Commissioner Bowers had several questions for Mr. Urner regarding the appropriateness of the BL zoning and the neighborhood. After discussion, the JUNE 10, 1997 PAGE FOUR Commissioners decided to take this matter under consideration and to schedule it for June 24 when the entire Board of County Commissioners will be in attendance to make a decision. PRESENTATION ON REZONING CASE RZ-97-03 (ARTZ) Robert Arch, Director of Planning & Community Development, reviewed the Planning  Commissions Report and Recommendation, the Staff Report on the rezoning requested in case RZ-97-03, submitted by Larry B. Artz, et al. Mr. Arch stated that the Planning Commission recommended approval of the 107.7 acres to Rural  Residential RR zoning, 276.8 acres requested to Highway Interchange 1 HI-1", and 64 acres requested to HI-2. The Commission recommended denial of a request  to rezone 100 acres to Industrial Restricted IR. Mr. Arch informed the Commissioners that the Planning Commission did not agree with the definition of the neighborhood presented by the applicant and felt that it was too large. The Commission found that the area north of I-70 should not be viewed as part of the neighborhood. Even with the reduced area, the Planning Commission felt there was adequate evidence to support a finding of a substantial change in the neighborhood. Mr. Arch identified the following items which were identified and given weight in finding change in the neighborhood: a) extension of public sanitary sewer lines, b) installation of a public water line along Rench Road, c) an approved comprehensive plan amendment for the new interchange at Md. 632 and I-70 and its anticipated construction start within the next fiscal year, d) plans for development of the Friendship Technology Park, e) completion of traffic improvements to the Md. 65 and I-70 interchange, f) increased traffic flow along Md. 65, g) increased residential development taking place along Md. 65 south of Rench Road, and h) extension of the HI-1 zoning classification to Rench Road as part of the Highway Interchange Comprehensive Rezoning. Mr. Arch then reviewed the items the Planning Commission considered in its deliberations as to whether the requested rezoning classifications were appropriate and logical for the site. The Commissioners asked for a determination on whether it is acceptable to approve only a portion of a requested rezoning. Mr. Arch stated that he checked with the State Office of Planning which advised him that the regulations do not prohibit approving part of a requested rezoning. The Commissioners discussed the request and thanked Mr. Arch for his presentation on this case. RECESS - LUNCH The Commissioners recessed for lunch at 12:16 p.m. AFTERNOON SESSION The Afternoon Session was called to order at 1:20 p.m. by the President Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers and R. Lee Downey. QUARTERLY UPDATE - SOLID WASTE DEPARTMENT Robert Davenport, Director of Solid Waste Management, and Debra Bastian, Director of Finance, presented the quarterly update for the Solid Waste Department. Ms. Bastian reviewed a summary of tipping fees for fiscal year 1997. She explained that the sanitary landfill is producing more revenue than was projected in December and will end the year with a shortfall of approximately $690,000 rather than $900,000. Mr. Davenport indicated that the tonnage is higher than in previous years for this period. They also reviewed the projected operating results and recommended using $318,151 from savings from the Hancock landfill Close-Out project and $372,404 from the delay of the project to cap the Resh landfill to fund the projected shortfall. JUNE 10, 1997 PAGE FIVE Mr. Davenport recommended that the Commissioners postpone the scheduled increase from $45.00 to $47.50 which is due to take effect July 1, 1997 for six months and to establish a minimum charge of $2.50 at the rubble landfill. He also asked that the Planning and Finance Departments conduct an objective study on franchising and recommend whether the County should consider curbside services for trash and recycling to all County residents as is currently done in Howard and Anne Arundel Counties. The Commissioners discussed the recommendations. They asked that the County Attorney check to see if legislation is required to initiate franchising. They agreed to direct the Planning Department to study this proposal and develop an RFP for distribution. Motion made by Commissioner Downey, seconded by Shank, to postpone the scheduled increase in tonnage fees at the sanitary landfill for six months and to maintain the $45.00 fee currently in place and also to establish a minimum charge of $2.50 at the rubble landfill. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Shank, seconded by Downey, to convene in closed session at 1:59 p.m. to consider personnel issues and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Shank was excused at 2:11 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Bowers, to reconvene in open session at 2:29 p.m. Unanimously approved. In closed session the Commissioners considered seven (7) personnel issues and consulted with counsel to obtain legal advice on (4) issues. PERSONNEL DECISIONS - WEED CONTROL & PARKS AND WATER & SEWER DEPARTMENT Motion made by Commissioner Bowers, seconded by Downey, to hire Joseph Ralls as a Part-time Seasonal Spray Technician for the Weed Control Department at $6.50 per hour and to hire James Kirby as Groundskeeper at the Water & Sewer Department at $7.75 per hour to fill an existing vacancy. Unanimously approved. APPROVAL OF MINUTES - MAY 20 AND 27, 1997 Motion made by Commissioner Bowers, seconded by Downey, to approve the minutes of May 20 and 27, 1997, as submitted. Unanimously approved. RENEWALS - ANNUAL OPERATIONS & SERVICE AGREEMENTS - WATER & SEWER DEPARTMENT Motion made by Commissioner Bowers, seconded by Downey, to renew the Annual operations and service agreements for water and sewer services with Saint James School, the Town of Smithsburg, Brook Lane Psychiatric Center, the Town of Clear Spring, and Conococheague Apartments, as submitted by the County Attorney. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Bowers, to adjourn at 2:39 p.m. Unanimously approved. County Administrator County Attorney ,Clerk