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HomeMy WebLinkAbout980324 March 24, 1998 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 by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - MARCH 9, 10, 12, AND 17, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of March 9, 10, 12, and 17, 1998, as submitted. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook informed the Commissioners that the State Highway Administration will be resurfacing the roadway on Interstate 70 from the Little Conococheague to the Conococheague Bridge in the near future. He stated that he received a letter from Louis Goldstein requesting that the County appoint a coordinator for Flag Day. Commissioner Wade asked that Sheriff Mades be scheduled on the agenda regarding the coordination between the City of Hagerstown and the County on crime control efforts. Commissioner Downey reported on the Local Management Board meeting. He also informed the Commissioners that the Substance Abuse/Mental Health Advisory Council would like to add two members to its Board as representatives on mental health issues. AUTHORIZATION TO ADD MEMBERS - SUBSTANCE ABUSE/MENTAL HEALTH ADVISORY COUNCIL Motion made by Commissioner Downey, seconded by Bowers, to approve the request MARCH 24, 1998 PAGE TWO to add two members to the Substance Abuse/Mental Health Advisory Council who represent mental health issues. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, provided a status report on the proposed changes to the gaming law and on other bills submitted by Washington County. He informed the Commissioners that Alan Davis, Director of Human Resources, has been selected to serve on the HotSpots Oversight Team. Mr. Shoop discussed the insurance and waivers required by the Department of Recreation & Parks for participation by organized sports teams at County parks. After discussion, the Commissioners asked that the Insurance Committee and a representative of the Recreation & Parks Board meet to review these requirements and consult with the County Attorney. Mr. Shoop also informed the Commissioners that Washington County will have a display at the  Homebuilders Show this Saturday and Sunday. IDEA EMPLOYEE OF THE YEAR AWARD - CINDY EICHELBERGER Rodney Shoop presented the first Washington County Employee of the Year Award to Cindy Eichelberger, Finance Specialist, under the Innovative, Dedicated Employee Award (IDEA) Program. Mr. Shoop commended Cindy on her problem-solving initiative which saved the County more than $5,000 in the cost of processing phone bills County wide. He stated that Ms. Eichelberger will receive $1,000 and an additional personal day as Employee of the Year. SUPPLEMENTAL EASEMENT PAYMENT - AGRICULTURAL LAND PRESERVATION PROGRAM Eric Seifarth, Associate Planner, informed the Commissioners that a survey of the Donald Belz farm found that Mr. Belz owned 12.07 acres more than the tax maps had shown for his farm. Mr. Seifarth stated that the Maryland Agricultural Land Preservation Foundation will not pay for the additional acreage in the land preservation easement because its budget has been set for the year. He indicated that the sale of the easement may be jeopardized because of this. Mr. Seifarth suggested that the County use $13,883.61 of the agricultural transfer tax money as a one-time supplemental payment to Mr. Belz for the additional acreage. The Commissioners discussed the situation and asked that the County Attorney review the information and contact the Agricultural Land Preservation Foundation regarding its regulations prior to making a decision. PARACHUTE LANDING OPERATIONS PLAN Carolyn Motz, Airport Manager, and Brandon Taksa, Operations Manager, met with the Commissioners to request that they approve the Plan to Accommodate Parachute Operations as presented on January 20. Ms. Motz stated that the amendments requested by the FAA were made and sent back to them for approval in December. She indicated that, as of this date, the FAA has not contacted them about the amendments or extended the April 1 deadline for adoption of the plan. Ms. Motz asked the Commissioners to approve the Plan to Accommodate Parachute Operations as amended. Mr. Taksa reviewed the Plan  and the amendments. The Commissioners discussed the drop zone  designation and layout plan specified in the Plan and asked Mr. Taksa to contact FAA officials to see if it could be relocated to an alternate site. They also requested that the Airport staff contact FAA officials to see if the April 1 deadline for adoption of the plan can be extended. The Commissioners asked that a special meeting be called to allow the Airport Commission to review the plan. REZONING CASE RZ-98-01 - MANSOOR & JANET SHAOOL Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ- 98-01, submitted by Mansoor and Janet Shaool, to rezone 2.79 acres of land zoned RS-Residential Suburban to be assigned a PUD-Planned Unit Development MARCH 24, 1998 PAGE THREE overlay zoning and that it be attached to the previously approved PUD (RZ- 95-04). Motion made by Commissioner Downey, seconded by Bowers, 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 Bowers, 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. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, based upon the previous motions, that the proposed rezoning from RS - Residential Suburban to RS/PUD - Residential Suburban/Planned Unit Development be granted. Unanimously approved. RZ-98-02 - DORIS J. DOUB Ms. Evans reviewed rezoning map amendment RZ-98-02, submitted by Doris J. Doub, to rezone 8.312 acres of land at the south end of Will Rich Drive from Highway Interchange 1 (HI-1) to RR-Residential Rural. Commissioner Wade indicated that he had reviewed the Staff Report and file and is familiar with the case. Motion made by Commissioner Downey, 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 based upon the following reasons: the property was subdivided prior to the 1995 rezoning, severing the property from ready access to an interstate highway; the neighborhood is residential;  92% of the parcels in the 1/4 mile radius constituting the neighborhood have residential use; the streets are not designed for commercial or  industrial traffic; signs prohibit truck traffic; and the owners intent to develop the property residentially was unknown and not considered in connection with the rezoning in 1995. Unanimously approved. Motion made by Commissioner Shank, seconded by Downey, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property due to the fact that the RR zoning permits  the owners intended use, the RR zoning is compatible with adjacent residential uses; the RR zoning is lower density that the adjacent RS which may be a benefit because of the significant flood plain and the fact that Will Rich Drive does not meet subdivision standards for new streets; and the RR zoning could provide a more gradual step down in intensity between the RS and HI-1 zones in the area. Unanimously approved. Motion made by Commissioner Downey, seconded by Bowers, based upon the previous motions, that the proposed rezoning from HI-1, Highway Interchange 1 to RR -Rural Residential be granted. Unanimously approved. RIGHT-OF-WAY AGREEMENT - ELECTRICAL SERVICE FOR RESH ROAD LANDFILL Motion made by Commissioner Downey, seconded by Bowers, to approve the right-of-way agreement with the Potomac Edison Company, now known as Allegheny Power, to provide electrical services to the sanitary landfill on Resh Road. Unanimously approved. MARCH 24, 1998 PAGE FOUR PENMAR DEVELOPMENT CORPORATION - ADDITIONAL FUNDING REQUEST Motion made by Commissioner Shank, seconded by Bowers, to approve the request made by PenMar Development Corporation for an additional $75,000 in funding for the Fiscal Year 1998 budget year for a total of $100,000 allocation for the current fiscal year. Unanimously approved. APPOINTMENT - HISTORICAL ADVISORY COMMITTEE Motion made by Commissioner Shank, seconded by Wade, to appoint Jan Wetterer to the Historical Advisory Committee as a representative of the Town of Sharpsburg. Unanimously approved. RECOMMENDATION FOR APPOINTMENT - LOCAL EMERGENCY PLANNING COMMITTEE It was the consensus of the Commissioners to submit the names of William G. Shawley and Robert Cumberland to the Maryland Emergency Management Agency to request their appointment to the Local Emergency Planning Committee LEPC. APPOINTMENT - SUBSTANCE ABUSE/MENTAL HEALTH ADVISORY COUNCIL Motion made by Commissioner Shank, seconded by Wade, to appoint Rosie Smith to the Substance Abuse/Mental Health Advisory Council, as the student representative, for a three-year term. Unanimously approved. CITIZENS PARTICIPATION Lenora Bywaters expressed concerns with Alternate E of the proposed bypass for the Robinwood Drive area. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Wade, to convene in closed session at 10:42 a.m. to consider personnel issues 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Wade, seconded by Shank, to reconvene in open session at 11:24 a.m. Unanimously approved. In closed session the Commissioners considered four (4) personnel issues and considered one (1) item concerning a proposal for business or industrial organization to locate, expand, or remain in the State. BOND SALE - 1998 PUBLIC IMPROVEMENT BONDS Motion made by Commissioner Wade, seconded by Shank, to accept the low proposal of Ferris Baker Watts, Inc. at the rate of 4.8076% for the sale of the 1998 Public Improvement Bonds and to approve the Supplemental Resolution. Unanimously approved. (Copy of Supplemental Resolution attached.) CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in closed session at 11:30 a.m. 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Wade, to reconvene in open session at 11:50 a.m. Unanimously approved. In closed session the Commissioners considered one (1) item concerning a MARCH 24, 1998 PAGE FIVE proposal for a business or industrial organization to locate, expand, or remain in the State. APPOINTMENT - LOCAL MANAGEMENT BOARD Motion made by Commissioner Shank, seconded by Wade, to appoint Fran Russ and James Pierne to the Local Management Board. Unanimously approved. BUILDING MAINTENANCE WORKER II - WATER & SEWER DEPARTMENT Motion made by Commissioner Shank, seconded by Wade, to employ Marvin Tyson as Building Maintenance Worker II, Grade 3, at the Water & Sewer Department, to fill an existing vacancy. Unanimously approved. RECESS The Commissioners recessed at 11:51 a.m. WASHINGTON COUNTY FREE LIBRARY - LUNCHEON AND BUDGET REVIEW The Commissioners met with the Board of Trustees of the Washington County Free Library at the Western Maryland Room in the library for a luncheon and budget presentation. Mary Strauss, President of the Board of Trustees, reviewed the budget request for Fiscal Year 1999. She stated that they are requesting an additional $90,000 to be used for an increase in hours for the Boonsboro branch of the Library, replacing shelving in the Hancock Library,  instituting a new virtual library on the Internet, purchasing books, and  providing a 2 percent salary increase for employees. BUDGET REQUEST - WASHINGTON COUNTY HEALTH DEPARTMENT Dr. Robert Parker, Health Officer, and Gene Jenkins, Director of Finance, presented the Fiscal Year 1999 budget request from the Washington County Health Department in the amount of $3,218,261 as the County's local share of the total budget. Dr. Harold Gist, President of the Advisory Commission to the Board of Health, expressed his support of the budget presented. The Commissioners also received updates on several of the programs offered by the Health Department. BUDGET WORKSHOP The Commissioners, along with Rodney Shoop, County Administrator; and Kim Edlund, Assistant Director of Finance, Director of Human Resources, held a budget workshop session to review the requests for the Fiscal Year 1999 budget requests and make reductions to balance the budget. RECESS The Commissioners recessed at 3:30 p.m. EVENING SESSION - FISCAL YEAR 1999 BOARD OF EDUCATION BUDGET HEARING The Evening Session was called to order at 7:00 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. Also present were Board of Education members, B. Marie Byers, Dori Nipps, Edwin Hayes, Andrew Humphreys, and Robert Kline. Mr. Kline presented the Board of Education's operating budget request for Fiscal Year 1999, which includes a County appropriation of $56,349,063. Ms. Nipps presented information proposed salary increases and personnel requests. She informed the Commissioners that this includes one-time costs of $415,159. Ms. Nipps asked that the Commissioners also consider providing a cohort adjustment of $3 million per year over the next four years to increase teachers salaries. Mr. Hayes provided information on the reading program and the goals set by the Board of Education. Mr. Humphreys presented information on the how education affects economic development. Ms. Byers provided information on the computer . MARCH 24, 1998 PAGE SIX technology program. The meeting was then opened for public questions and comments. After hearing all comments, the meeting was adjourned at 9:25 p.m. County Administrator County Attorney , Clerk