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HomeMy WebLinkAbout971202 December 2, 1997 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 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 Commissioner Shank, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - NOVEMBER 25, 1997 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of November 25, 1997, as corrected. Unanimously approved. UPDATE ON MILLENNIUM COMMITTEE Marge Peters, member of the Historic Advisory Committee, met with the Commissioners to give them an update on the plans being made to celebrate the millennium. Ms. Peters stated that the core planning committee from the Historic Advisory Committee has asked each municipality to plan an event for a separate month. The celebration would begin with the Independence Day concert in July 2000 at the Antietam National Battlefield. She indicated that a meeting will be held in January and the committee would hope to have representatives from corporations in the area to help plan and sponsor some of the events. Ms. Peters also asked that the Commissioners appoint a representative from County government to work with them. Commissioner Bowers suggested that the 225th anniversary of Washington County be included in the celebration for 2001. The Commissioners discussed a special line item in the budget to assist with planning for the millennium observance. BID AWARD - SALE OF CONSTRUCTION TESTING EQUIPMENT Motion made by Commissioner Downey, seconded by Bowers, to award the bid for the sale of the Troxler 3440 Series moisture/density gauge to Mattern Construction Company, Inc. for its bid of $1,000 and to award the bid for the sale of the P.A. Glazier manhole vacuum tester to P&W Excavating, Inc. which submitted the bid of $1,275. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Bowers reported that he recently visited the local government offices in Myrtle Beach, South Carolina, while on vacation and reported on various issues they are addressing at this time. Commissioner Downey reported on the Drug & Alcohol Advisory Council meeting and the United Way meeting. He requested that a regularly scheduled status report be given by the PenMar Development Corporation Board on the base closure at Fort Ritchie. Commissioner Wade requested an update on the Holiday Acres sewer project and on the proposed realignment of Robinwood Drive and alternative routes. Commissioner Shank suggested that a discussion of the Holiday Acres project be placed on the agenda for the joint meeting with the Water & Sewer Department on December 18 and to include updated statistics from the Health Department for this subdivision. REZONING CASE RZ-97-08 (TED SHANK, APPLICANT) Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ-97- 08, submitted by Ted Shank, to rezone 1.21 acres from Residential Urban to Business General which was heard at public hearing on September 15, 1997. Motion made by Commissioner Downey, seconded by Wade, to accept the definition of the neighborhood as described by the applicant as being that area on the west side of Virginia Avenue which includes the properties that abut Virginia Avenue between Englewood Drive to the south and Elmwood Road to the north and DECEMBER 2, 1997 PAGE TWO the east boundary which extends approximately 1,250' back from Virginia Avenue into the remaining undeveloped land behind the subject property owned by UP Associates. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Downey, seconded by Bowers, that there was a mistake in the original zoning in that the zoning boundary established did not follow the property boundaries. Unanimously approved. Motion made by Commissioner Wade, seconded by Shank, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property and would be consistent with the Comprehensive Plan, as found by the Planning Commission in consideration of the zoning history of the property and the commercial development of the adjacent property. Unanimously approved. Motion made by Commissioner Shank, seconded by Wade, based upon the previous motions, to grant the request in RZ-97-08 and rezone the subject property from Residential Urban to Business General. Unanimously approved. REZONING CASE RZ-97-09 (632 LIMITED PARTNERSHIP, APPLICANT) Beth Evans, Assistant County Attorney, reviewed RZ-97-09, submitted by Ronnie Koontz on behalf of the 632 Limited Partnership. The application asked to rezone 7.25 acres from Agricultural to Highway Interchange -1, and was heard at public hearing on September 15, 1997. Motion made by Commissioner Downey, seconded by Wade, to accept the definition of the neighborhood as described by the applicant to include areas within approximately one-half mile of the rezoning site, which extends to the intersection of MD 632 and Oak Ridge Drive, includes portions of the Review and Herald property to the east, extends to the south of I-70 including farmland, Callas Contractors, and a small portion of the Allegheny Power property proposed for an industrial site, the eastern one-third of Martin L.  Marty Snook County Park and the majority of the Oak Ridge and Woodmoor residential developments. Unanimously approved. Motion made by Commissioner Wade, seconded by Shank, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Downey, seconded by Shank, that there was a substantial change in the character of the neighborhood. The Commissioners identified the following as demonstrated changes in the neighborhood: construction of the Moose Lodge, the Review and Herald, Callas Contractors; and the approved construction of a new interchange with Interstate 70 to be started in 1998. Unanimously approved. Motion made by Commissioner Wade, seconded by Downey, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property and would be consistent with the Comprehensive Plan as found by the Planning Commission. Unanimously approved. Motion made by Commissioner Wade, seconded by Bowers, based upon the previous motions, to grant rezoning request RZ-97-09 from Agricultural to Highway Interchange-1. Unanimously approved. DECEMBER 2, 1997 PAGE THREE PUBLIC HEARING - ADOPTION OF RESOLUTION ESTABLISHING A SPECIAL TAXING DISTRICT The Commissioners convened the public hearing at 9:30 a.m. to allow citizens of Washington County to comment on the proposal to establish a special taxing  district to be known as the Barkdoll Tract Special Taxing District on 60 acres of land located at the northwest section of Sharpsburg Pike and I-70, as specified in the Letter of Intent from Prime Retail, L.P. Timmy Ruppersberger, bond counsel, explained that, pursuant to Article 24, Section 9-1301 of the Annotated Code of Maryland, Washington County is authorized to create special taxing districts. The bond will be repaid through special assessments that would be levied against the properties in the taxing district. Ms. Ruppersberger assured the Commissioners that no debt or obligation would be incurred by the County and that it would not adversely affect County tax rates. The meeting was opened for public comment. Donald Allensworth provided a handout to be entered into the record opposing the establishment of the special taxing district. Fran Busby, financial consultant for Prime Retail, L.P., stated that no subsidy is required by Washington County or the taxpayers and there is no contemplation of taxing any other landowners by the developer. Ms. Ruppersberger stated that it is unlikely that creation of a special taxing district would have any negative  impact on the Countys bond rating. Motion made by Commissioner Wade, seconded by Bowers, to approve the resolution designating a special taxing district to be known as the Barkdoll Tract Special Taxing District , and providing for the levy of a special tax on property within the taxing district. Unanimously approved. CONVENE SITTING AS THE BOARD OF HEALTH Motion made by Commissioner Shank, seconded by Bowers, to convene as the Board of Health at 10:12 a.m. Unanimously approved. Separate minutes will be kept of this session. The Commissioners adjourned as the Board of Health at 10:53 a.m. CITIZENS PARTICIPATION Carol Corwell-Martin, Curriculum Coordinator at Salem Avenue Elementary School, along with two of her students, Danielle Stoner and Jacob Johnson, distributed information regarding the C.A.R.E. program. She stated that C.A.R.E. program is a mentoring program which will be initiated at Salem Avenue Elementary in January 1998. Ms. Corwell-Martin asked the Commissioners to consider participating in this program and provided information on the benefits that children derive as a result of mentoring programs. Donald Allensworth voiced his reasons for opposing the special taxing district. RECESS - PRIME RETAIL GROUND BREAKING AND LUNCH The Commissioners recessed at 11:04 a.m. in order to attend the ground breaking ceremony for Prime Retail and the luncheon following the event. AFTERNOON SESSION The Afternoon Session was called to order at 1:52 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. PLANNING COMMISSION RECOMMENDATION - AMERICAN HERITAGE RIVER INITIATIVE Motion made by Commissioner Wade, seconded by Bowers, to endorse the  application nominating the Potomac River for inclusion in President Clintons American Heritage Rivers Initiative, as recommended by the Planning Commission. Motion carried with Commissioners Wade, Bowers, Downey and Snook DECEMBER 2, 1997 PAGE FOUR  voting AYE and Commissioner Shank voting NO.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that seven baskets of food were distributed to needy families and $343 was collected for perishable food during the Thanksgiving food drive sponsored by County employees. The Commissioners also asked Mr. Shoop to obtain quotes for planning and catering the reception for the appointed members of boards and commissions. REQUEST TO WAIVE LANDFILL FEES - ANTIETAM ILLUMINATION Mr. Shoop informed the Commissioners that a request has been made by the Antietam Illumination Committee that the County waive the landfill fees for the Illumination which will be held on December 6. After discussion, it was the consensus of the Commissioners that they would personally pay the landfill fees for this event, estimated at $40, rather than set a precedent by waiving the fees. BUDGET TRANSFER - BOARD OF EDUCATION Motion made by Commissioner Wade, seconded by Bowers, to approve the transfer of $59,099, as requested by the Board of Education, from the E. Russell Hicks Chiller Project (Account 40-4-1720-333-160) to the Boonsboro Elementary project (40-5-1750-582-164) due to the unanticipated funding received in this amount from the Interagency Committee. Unanimously approved.  ADDITIONAL ALLOCATION - COMMUNITY ACTION COUNCILS EMERGENCY SERVICES PROGRAM Motion made by Commissioner Downey, seconded by Bowers, to allocate $25,000 to Community Action Council for the Emergency Services Program and to designate that $2,000 be reserved for the ecumenical cold weather homeless shelter program with funds to be taken from additional revenues for fiscal year 1998. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Shank, to convene in closed session at 2:22 p.m. to consult with counsel to obtain legal advice, to consider the acquisition of real property for a public purpose and matters directly related thereto, and to consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Wade was excused from the meeting at 2:53 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Bowers, seconded by Downey, to reconvene in open session at 4:01 p.m. Unanimously approved. In closed session the Commissioners consulted with legal counsel to obtain legal advice on one (1) issue, considered one (1) issue regarding the acquisition of real property for a public purpose, and considered two (2) issues related to the location, expansion or retention of businesses or industrial organizations in the State. BOARD OF EDUCATION - REVISED FISCAL YEAR 1999 CAPITAL IMPROVEMENTS BUDGET Dr. Herman Bartlett, Superintendent of Schools, and Board of Education members B. Marie Byers, Robert Kline, Dori Nipps, Andrew Humphreys, and Edwin Hayes met with the Commissioners to request their approval to revise the capital improvements program (CIP) budget for fiscal year 1999. Dennis McGee, DECEMBER 2, 1997 PAGE FIVE Director of Facilities Management for the Board of Education, stated that they have received notice that the Public School Construction Program will fund  South Highs Phase I renovation, three middle school technology wiring projects, and the balance of the chiller replacement project. However, the two systemic renovations at Boonsboro High and Williamsport were recommended for deferral, as well as the request for Clear Spring Elementary planning funds. He recommended that the Board appeal the systemic projects to the Board of Public Works, request that the State provide an additional $575,000 for Phase I of the South High addition/renovation project, and postpone Clear Spring planning until Fiscal Year 2000. The Commissioners discussed the Clear Spring Elementary project and their desire to have it continue as scheduled. They also expressed concerns regarding the disparity between the initial estimate provided to them for the South High renovation project and the actual cost of the project. Ms. Byers explained that they encountered unanticipated costs for this project due to the age of the building and the work required to complete the renovations. After discussion, the Commissioners agreed to fund the additional $300,000 necessary for the Clear Spring project. Motion made by Commissioner Shank, seconded by Bowers, to contribute up to  $300,000 to the Board of Educations FY 1999 CIP budget for planning monies required for the Clear Spring Elementary School project and to support the submission of the revised FY 1999-2003 CIP budget to the Interagency Committee. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Bowers, to convene in closed session at 4:28 p.m. to consult with counsel to obtain legal advice and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Shank, seconded by Downey, to reconvene in open session at 4:51 p.m. Unanimously approved. In closed session the Commissioners consulted with legal counsel to obtain legal advice on one (1) issue and considered one (1) issue regarding the acquisition of real property for a public purpose. ADJOURNMENT Motion made by Commissioner Downey, seconded by Shank, to adjourn at 4:52 p.m. Unanimously approved. County Administrator County Attorney , Clerk December 2, 1997 Board of Health Minutes The Board of County Commissioners of Washington County convened at 9:00 a.m. sitting as the Board of Health with Commissioners Gregory I. Snook, President; John S. Shank, Vice President; Ronald L. Bowers; R. Lee Downey; and James R. Wade present. Also present were members of the Advisory Commission to the Board of Health; Dr. Robert Parker, Health Officer; and members of the Health Department staff. Dr. Parker provided a progress report and overview of several of the programs and services provided by the Health Department. He provided the Commissioners details of a possible tuberculosis case at the Career Studies Center. Dr. Parker also provided information on mental health services in schools, the managed care program through Medicaid, and upcoming legislative issues dealing with public health services. Dr. Parker stated that the Health Department is now projecting a balanced budget for this fiscal year. David Resh, Vice-Chairman of the Board of Health, reported on the activities of the Advisory Commission to the Board of Health. He reported on the  Advisory Advisory Commissions letter to the Commissioners regarding their recommendation on sludge application. Mr. Resh informed the Commissioners that the Advisory Board is now reviewing a proposal to revise fees for the Environmental Health Division. He also stated that they will be presenting a report in January on the need for clinics in the outlying areas of the County. Rod MacRae, Director of the Environmental Health Division, reported on the management of the sludge application program by the Department of the Environment and the enforcement of the regulations. Mr. MacRae provided information on food service for excluded organizations, such as churches and non-profit organizations. He stated that the Health Department has have little regulatory authority over these organizations and that they hope to involve them in food handling classes which will stress safety and education. Linda Humbert, Director of Nursing, presented a client/visit summary by program for the period July - October 1997. Ms. Humbert also distributed information on the school health nurse program. She commented that she has concerns about the high turnover rate of personnel which they experience due primarily to the lack of paid benefits. Ms. Humbert also distributed information on the wellness clinics. Dr. Parker distributed the results taken from the Maryland Adolescent Drug Survey of a survey done of current student use of substances such as tobacco, alcohol and drugs. The Commissioners stated that they would review the statistics presented in more detail. Dr. Parker informed the Commissioners that they have brought back some of the mental health programs which were privatized. Rebecca Hogamier, Director of the Addictions Division, stated that the decision to do so was to provide continuity of care, service enhancement, and affordability. She indicated that they are using the staff currently in place. The Commissioners adjourned sitting as the Board of Health at 10:53 a.m. and reconvened in open session