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March 13, 2006
Hagerstown, MD 21740
JOINT PUBLIC HEARING – REZONING CASES RZ-06-003, RZ-06-004, AND
CP-06-001
A joint public hearing of the Board of County Commissioners of
Washington County and the Washington County Planning Commission
was convened in Court Room #l at 7:00 p.m. to hear testimony and
receive evidence in rezoning map amendments RZ-06-003, RZ-06-
004, and Comprehensive Plan text amendment CP-06-001. Presiding
at the hearing were County Commissioners President Gregory I.
Snook and Planning Commission Chair Benjamin Clopper. Also
present at the hearing were County Commissioners William J.
Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps,
and Planning Commission Vice Chair George Anikis and members
Linda Parrish, Terry Reiber, Bernie Moser, and Clint Wiley. The
public hearing was adjourned at 11:30 p.m.
__________________________,
County Administrator
,
County Attorney
,
Clerk
March 14, 2006
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 10:45 a.m.
by President Gregory I. Snook with the following members
present: Vice President William J. Wivell and Commissioners
James F. Kercheval, and Doris J. Nipps. Commissioner Munson was
absent.
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 Nipps reported on the Historic Advisory Committee
meeting. She informed the Board that the Commission for Women
presented awards to this year’s essay contest winners last week.
Commissioner Nipps stated that she participated on a panel with
the Leadership Hagerstown class.
Commissioner Kercheval stated that he attended the Home Show and
stopped by the County booth. He reported that he attended the
Leadership Hagerstown forum and attended the Economic
Development Commission (EDC) meeting.
Commissioner Wivell reported on the meetings of the Economic
Development Commission and the PenMar Development Corporation.
He stated that he spoke with Delegate Shank regarding the
reports on the cost of local government per capita and found
that the figures include the prison population. Commissioner
Wivell stated that Delegate Shank agreed to attempt to have the
prison population removed from the formula. He also informed the
Board that Delegate Shank is willing to amend the Homestead
Property Tax legislation as long as the Delegation is assured
that the County will take action on its own to lower the
property tax cap from 10% to 5%. He stated that the provision
to authorize the credit would remain in the legislation. The
legislation would take effect in FY 2008. The Commissioners
discussed the matter. Commissioner Snook indicated that they
would consider it again when they review the County’s entire
revenue picture in two weeks. The Commissioners also discussed
the Agricultural Marketing Specialist position and asked for a
copy of the job description for Matt Harsh, Agricultural
Economic Development Educator with Penn State Cooperative
Extension of Adams County, to compare to the one developed by
the Economic Development Commission.
Commissioner Snook informed the Commissioners that the Street
Acceptance Committee accepted six streets into the County
system. He stated that he
MARCH 14, 2006
PAGE TWO
was a judge in the Local Emergency Planning Committee (LEPC)
annual poster contest. Commissioner Snook stated that the
average home price in Washington County for December was
$256,000 and statewide was $350,000. It was the consensus not
to request that the Maryland Department of the Environment (MDE)
hold public informational meetings regarding the upgrade of
emissions control by Fil-Tech or the renewal of Xerxes’ air
quality operating permit. Commissioner Snook stated that the
University System of Maryland is holding a seminar on April 26
entitled “Protecting Maryland’s Competitive Edge.”
PRESENTATION OF HEALTH DEPARTMENT BUDGET REQUEST
William Christoffel, Health Officer, and Earl Stoner, Deputy
Health Officer, presented the fiscal year 2007 budget request of
$2,381,056 for the County share of their budget. He stated that
this is an increase of $880,000 over last year’s budget. The FY
2007 budget for School Health Nurses is $3,283.134. Mr.
Christoffel then reviewed significant changes requested in the
budget. He stated that the Department hopes to add a full-time
health nurse at Williamsport and Boonsboro schools, reduce the
school clusters, and add a Health Educator to the staff. He
stated that the County’s portion of the wage increases would be
$217,000. The meeting was then opened for questions regarding
the budget and the programs offered.
RECESS - LUNCH
The Commissioners recessed at 11:53 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:10 p.m. by
President Gregory I. Snook, with the following members present:
Vice President William J. Wivell and Commissioners James F.
Kercheval, John C. Munson, and Doris J. Nipps.
PROCLAMATION – MULTIPLE SCLEROSIS AWARENESS WEEK
Commissioner Snook presented a proclamation to Debbie Godlove,
Facilitator for the Washington County Multiple Sclerosis Support
Group, and Sondra Funk, representing the Disabilities Advisory
Committee, designating the week of March 13-17, 2006, as
Multiple Sclerosis Awareness Week in Washington County and
commending this observance to all citizens. Ms. Godlove thanked
the Commissioners for the proclamation and outlined the
activities planned for the first MS Awareness Week.
COUNTY ADMINISTRATOR’S COMMENTS
Motion made by Commissioner Nipps, seconded by Kercheval, to
authorize filling the Auto Service Technician position at the
Highway Department and Plant Operator position at the Water
Quality Department. Unanimously approved.
Joe Kroboth, Deputy Director of Public Works, asked for
authorization to proceed to award a contract under the emergency
Code of Public Local Laws
provisions of the to repair a portion
of Roxbury Road and the guardrail that collapsed. Mr. Kroboth
recommended that funds be transferred from the CIP Contingency
Fund. He estimated that the repairs would cost approximately
$75,000.
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the request to award a contract under the emergency
Code of Public Local Lawsof Washington County
provisions of the
for the repairs needed to Roxbury Road and to approve the
transfer of funds from the CIP Contingency Fund for the repairs.
Unanimously approved.
WATER QUALITY OPERATIONAL BUDGET & COST OF SERVICE RATES
Greg Murray, Director of the Department of Water Quality, met
with the Commissioners to present the proposed FY 2007 budget
for the Department. He introduced staff members Jim Bishop,
Deputy Director; Julie Pippel, Regulatory Affairs Coordinator;
Mark Bradshaw, Facilities Engineer; Jamie Calandrelle, Office
Associate; and Scott Schubel, Water Quality Advisory Commission
member, all of whom were in attendance.
MARCH 14, 2006
PAGE THREE
The proposed FY 2007 revenue budgets are as follows: Utility
Administration Fund (total) – $3,639,250; Water Fund -
$1,678,040 (general fund appropriation of $857,400); Sewer -
$9,952,420 (general fund appropriation of $1,912,600); and
Pretreatment Fund - $695,600(general fund appropriation of
$350,000). Mr. Murray reviewed the projected revenues and
expenditures for each department and the major changes. The
Commissioners discussed sewer capacity and growth issues in the
County.
Mr. Murray then made recommendations to set rates for water and
sewer services for fiscal year 2007. He stated that the increase
in sewer rates to the average residential customer would be $.71
per quarter (2%) and $1.16 per quarter for water (3%). Mr.
Murray indicated that no borrowing would be needed for water or
sewer funds again this year.
Motion made by Commissioner Wivell, seconded by Nipps, to
advertise to accept the rate options for water and sewer fees as
recommended by staff for presentation at a public hearing.
Unanimously approved.
SOLE SOURCE PROCUREMENT – GRINDER PUMPS – DEPARTMENT OF WATER
QUALITY
Motion made by Commissioner Nipps, seconded by Wivell, to award
the contract for the purchase of thirteen (13) Myers residential
simplex grinder pump units from Shafer, Troxell & Howe in the
amount of $48,685. The award is a sole source procurement based
Code of the Public Local Laws of
on Section 1-106.2(a)(2) of the
Washington County
that sole source procurement is permissible
when “the compatibility of equipment, accessories, or
replacement parts is the paramount consideration.” Unanimously
approved.
INTERGOVERNMENTAL AGREEMENT - 2006 CITIZEN SCRAP TIRE DROP-OFF
DAY
Harvey Hoch, Recycling Coordinator, met with the Commissioners
to review the Amendatory Agreement with the Maryland
Environmental Service (MES) that is required for participation
in the 2006 Citizen Scrap Tire Drop-off Day. He provided a
history of the program and the revisions in the proposed
agreement. Mr. Hoch stated that MES would organize and monitor
the event. He explained that the purpose of a tire amnesty day
is to provide residents with a free, responsible disposal option
for a small number of scrap tires. Mr. Hoch informed the
Commissioners that MDE has only guaranteed funding for the
transportation and disposal of up to 72 tons of scrap tires. He
stated that the rules were adjusted in 2004 to reduce the risk
of exceeding State funding. He reviewed the revisions that were
made to the project parameters to reduce the maximum number of
tires accepted from one individual from ten to five.
Motion made by Commissioner Munson, seconded by Kercheval, to
participate in 2006 Citizen Scrap Tire Drop-off Day and approve
the execution of the Amendatory Agreement with the Maryland
Environmental Service for this project, as presented, for up to
72 tons. Unanimously approved.
DATE FOR REZONING HEARING
Rodney Shoop, County Administrator, informed the Commissioners
that one of the rezoning map amendments scheduled to be heard at
the March 20 hearing has been rescheduled for Monday, April 10
due to an oversight by the newspaper in advertising the case.
ANNEXATION REQUEST – TOWN OF SMITHSBURG #2 – FLEMING
Michael Thompson, Director of Planning & Community Development,
met with the Commissioners to review the annexation request
before the Town of Smithsburg for the Fleming property. Mr.
Thompson stated that the Fleming property consists of 4.5 acres
of land on the north side of Cave Hill Road. The property is
designated as low density in the Comprehensive Plan. The
proposed zoning SR – Suburban Residential is consistent with the
RR – Rural Residential zoning that presently is on the property.
Mr. Thompson stated that Maryland Code does not allow a
municipality to place a property into a zoning classification
that permits land use substantially different from the use
permitted in the adopted comprehensive plan. The meeting was
then opened for questions and discussion.
MARCH 20, 2006
PAGE FOUR
Motion made by Commissioner Munson, seconded by Kercheval, to
concur with the determination of the Planning staff that the
proposed annexation for the Fleming property as submitted to the
Town of Smithsburg is consistent with the adopted Comprehensive
Plan. Unanimously approved.
ANNEXATION REQUEST #1 – TOWN OF SMITHSBURG
Mr. Thompson reviewed the request made to annex the Frey
property into the Town of Smithsburg. He stated that the
property is a 3.04-acre tract located on the north side of
Crystal Falls Drive. It was designated as low density in the
Comprehensive plan and is currently zoned RR-Rural Residential.
Mr. Thompson informed the Commissioners that the Planning staff
found that the proposed annexation and zoning of SR-Suburban
Residential is consistent with the Comprehensive Plan.
Motion made by Commissioner Munson, seconded by Wivell, to
concur with the determination of the Planning staff that the
proposed annexation of the Frey property, as submitted to the
Town of Smithsburg, is consistent with the adopted Comprehensive
Plan. Unanimously approved.
ANNEXATION REQUEST – TOWN OF BOONSBORO
Mr. Thompson reviewed the request made to annex a 32.49- acre
tract along South Main Street into the Town of Boonsboro. He
stated that the property is designated as Commercial in the
adopted Comprehensive Plan. The staff found that the proposed
zoning of GC-General Commercial is consistent with the
Comprehensive Plan and requires no further action by the Board;
however, the nine-acre area proposed for SR-Suburban Residential
zoning is inconsistent with the adopted plan and the Board must
grant “express approval” or this portion of the annexation would
have to wait a period of five years prior to development in a
manner other than commercial. The meeting was then opened for
questions and discussion.
Motion made by Commissioner Munson, seconded by Kercheval, to
concur with the determination of the Planning staff that the
proposed annexation for the Town of Boonsboro property is
consistent with the adopted Comprehensive Plan for General
Commercial, and to grant express approval for the nine-acre
portion to be zoned SR. Unanimously approved.
John Kendle, Boonsboro Town Manager, provided an update on the
water line project and the proposed annexation along Alternate
Route 40.
RECESS
The Commissioners recessed from 2:52 p.m. to 3:30 p.m.
INTERSECTION IMPROVEMENT – U.S. ROUTE 40 AT EDGEWOOD DRIVE
The Commissioner and Hagerstown Mayor Robert Bruchey and Council
members Kristin Aleshire, Lewis Metzner, Penny Nigh, and Kelly
Cromer, met with representatives of the State Highway
Administration (SHA) Design Team to hear a presentation on the
proposed intersection improvements at U.S. Route 40 and Edgewood
Drive. Dennis German, Chief, Community Design Division; Bob
Fisher, District 6 Engineer; and Jeff Folden, Project Manager,
gave an update on the project.
Mr. Folden provided information on the preliminary design of the
project and the existing conditions at the intersection. He
stated that the level of service for highway capacity at peak
times on Edgewood Drive Northbound is an “F” and Southbound is
an “E.” Mr. Folden outlined the proposed scope of the project
which includes a third through lane in each direction on Route
40, extending the existing left- and right-turn lanes on Route
40, widening of Edgewood drive to provide two left-turn lanes,
one through lane, and one through right lane. He also provided
the anticipated levels of service for the year 2010 at peak
times. The current project estimate is $11.934 million with
proposed funding of $3.9 million each from SHA, the County, and
City. Estimated completion date for the project is spring 2009.
Mr. German stated that SHA would require receipt of Letters of
Intent (LOI) from the County and City by April 30, 2006 and
execution of a Memorandum of Understanding (MOU) prior to
advertisement of the project
MARCH 14, 2006
PAGE FIVE
this spring. The meeting was then opened for questions and
discussion. Councilman Metzner expressed concerns that the
intersection is expected to be a level of service “D” by the
year 2020. Gary Rohrer, Director of Public Works, outlined
several County projects that could also help alleviate traffic
congestion at this intersection that were not taken into account
when estimating the level of service. He also stated that the
project would double in cost if it were not done now. The group
discussed possible funding levels for each entity. Councilman
Aleshire suggested a funding scenario for the City totaling $2.2
million. Also discussed was the possibility of additional grant
funding from the State. Mr. German stated that the decision
regarding funding rests with the Secretary of Transportation.
The group agreed to take this matter under consideration to
allow both bodies to discuss it further. Commissioner Snook
stated that he would send a draft copy of the Letter of Intent
to the City to see if it meets their approval.
RECESS
The Commissioners recessed at 4:20 p.m.
FISCAL YEAR 2006 BOARD OF EDUCATION BUDGET HEARING
The evening session was called to order at 7:00 p.m. in the
Kepler Theater at Hagerstown Community College by President
Gregory I. Snook, with the following members present: Vice
President William J. Wivell and Commissioners James F.
Kercheval, John C. Munson, and Doris J. Nipps. Also present
were Board of Education members Bernadette Wagner, Edward
Forrest, Roxanne Ober, Paul Bailey, Jacqueline Fischer, Wayne
Ridenour, and Russell Williams. Mr. Bailey reviewed
information concerning the budget process and the Board’s
vision, mission and goals. Mr. Forrest outlined the anticipated
State funding for FY 2007 of $15.6 million and the request to
the County for $4.5 million. He stated that the Maintenance of
Effort is $1.8 million. Ms. Ober provided the following summary
of incremental requests: A) Increase related to Enrollment
Growth - $2,538,846; B) Increase related to Meeting State &
Federal Regulations - $2,458,877; C) Increase related to
Utilities - $1,717,118; D) Increase related to Transportation -
$1,702,070; E) Increase related to Facilities maintenance -
$2,185,845; F) Increases Related to Miscellaneous Services -
$632,055; and G) Increases Related to Employee Compensation &
Benefits - $8,803,155. Following the presentations, the
meeting was opened for questions and comments from the County
Commissioners.
The meeting was then opened for comments from the public. After
hearing all comments, the meeting was adjourned at 8:45 p.m.
,
County Administrator
,
County Attorney
, Clerk