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HomeMy WebLinkAbout900102 January 2, l990 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and John S. Shank. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey, to convene in Executive Session at 8:00 a.m. in regard to personnel and legal matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin, seconded by Downey, to reconvene in Regular Session at 9:20 a.m. Unanimously approved. AGRICULTURAL LAND PRESERVATION DISTRICT APPLICATION - PUBLIC HEARING The President convened the meeting in Public Hearing for the purpose of considering application AD-89-5 submitted by Misty Meadows Farm, et al, for the establishment of an Agricultural Preservation District, pursuant to the provisions of Agriculture Article, Section 2-50l through 2-2l5 of the Annotated Code of Maryland. Eric Seifarth , Associate Planner - Agricultural Land Preservation, presented Mr. Herbst's application and stated that the Herbst farm consists of excellent soil types and was approved by the Advisory Board on November 9, l989. Mr. Herbst was present in support of this application. No one was present to speak in opposition. Motion made by Commissioner Shank, seconded by Roulette, to approve application AD- 89-5 submitted by John, Betty and David Horst for the establishment of an Agricultural Land Preservation District. Unanimously approved. COURT HOUSE SECURITY MEASURES Sheriff Charles Mades met with the Commissioners to discuss security measures taken in the Court House since the recent parcel bomb incident which injured Judge John Corderman. Sheriff Mades stated that two walk-through metal detectors and a letter bomb scanner have been purchased. He recommended that six additional deputies be hired and assigned to the Judicial Division in the Court House to provide needed security in the County buildings and court rooms and also to operate the metal detectors at the entrances. Motion made by Commissioner Irvin, seconded by Shank, to authorize the Sheriff to employ six additional deputies for the Judidical Division, with funding to be provided through the Fund Balance. Motion made by Commissioner Roulette, seconded by Shank, to amend the Main Motion to employ five deputies for the Judicial Division. The Question was called on the Main Motion as amended. Unanimously approved. INCREASE FINES - HANDICAPPED PARKING SPACES The Commissioners agreed to amend the Traffic Ordinance to increase the fines for illegal parking in spaces designated for the handicapped in the County. County Attorney, Ralph France, recommended that the fines be set at the same rate as those in the City of Hagerstown. The County Attorney was instructed to prepare the necessary amendments to the Parking Ordinance for public hearing. REAPPOINTMENTS - PARKS BOARD Motion made by Commissioner Roulette, seconded by Shank, to reappoint David Emmert, Alan Shaeffer and Joseph Hannah to the Park Board for three-year terms. Unanimously approved. REAPPOINTMENTS - POOL MANAGEMENT COMMITTEE Motion made by Commissioner Shank, seconded by Irvin, to reappoint Ed and Sandy Hess and Ernest and Edwina McCauley to the Pool Management Committee for two-year terms. Unanimously approved. CONFIRMATION OF SELECTIONS - COMMISSION ON AGING Motion made by Commissioner Irvin, seconded by Roulette, to confirm the following elections and appointments to the Commission on Aging's Board of Directors: Fern Myerly - Senior Citizens Club, l year appointment; Elizabeth Kline, Charles Ross - elected representatives for Senior Citizen's Clubs and Community-at-Large representatives Elsie Horst and Lewis Stouffer, 3-year terms; John Kenney, appointed representative for the Department of Social Services, 3-year term; and Edwin Palmer, appointed representative by the Washington County Municipal League, 3-year term. Unanimously approved. JANUARY 2, l990 MINUTES, CONT'D. APPOINTMENTS - TOURISM & CONVENTION BUREAU Motion made by Commissioner Roulette, seconded by Irvin, to appoint the following non-voting members to the Tourism Advisory Commission: Carolyn Sellers, Georgene Charles, Paul Frank, Donald Day, Terry Hepburn and Frances Horst and to appoint Tamara Watson to replace Richard Pelligrino for a term extending to March l4, l992. Unanimously approved. APPOINTMENTS - CHILDREN'S COUNCIL Motion made by Commissioner Irvin, seconded by Downey, to appoint Jan Warner and Dr. Michael Neimir to the Children's Council for three-year terms. Unanimously approved. RE/APPOINTMENTS - HISTORIC DISTRICT COMMISSION Motion made by Commissioner Irvin, seconded by Shank, to reappoint Brent Feight to the Historic District Commission and to appoint Merle Holsinger, contingent upon his acceptance, for three-year terms. Unanimously approved. GROWTH MANAGEMENT & IMPACT FEE RESOLUTION Barry Teach, County Administrator, reviewed the Commissioners' letter in response to the Delegation's requests listed in their memorandum of April 2l, l989, regarding impact fee legislation. The Commissioners noted that all the items required are complete or substantially completed. Gary Rohrer, Chief, Division of Planning & Codes Administration, reviewed the Resolution for submission to the Delegation which states the Commissioners' attempt to encourage growth in urban and town growth areas. The Resolution lists the concerns that the Commissioners have in regard to growth management and the steps taken to address the requirements requested by the Delegation. Motion made by Commissioner Irvin, seconded by Roulette, to adopt the resolution presented pertaining to impact fees and requesting the support of the Western Maryland Delegation to the General Assembly for legislation that would enable them to enact an Ordinance for the purpose of assessing impact fees. Motion carried with Commissioners Irvin, Roulette, Downey and Bowers voting "AYE" and Commissioner Shank "ABSTAINING". (Copy of Resolution attached.) CHANGE ORDER - COUNTY COMMUTER Motion made by Commissioner Roulette, seconded by Irvin, to approve a Change Order for the County Commuter for $l,080 for the addition of a concrete landing and steps at Door ll0 and installation of 2" pipe rail. Unanimously approved. GYPSY MOTH PROGRAM Motion made by Commissioner Irvin, seconded by Downey to support the State of Maryland's Gypsy Moth Suppression Program for l990 but to send a letter inquiring about the status of the Red Hill area. Unanimously approved. CAPITAL BUDGET LINE TRANSFER - PARKS Motion made by Commissioner Shank, seconded by Roulette, to approve the CIP line item transfer requested by the Parks Department transferring $40,000 from Little Conococheague Natural Area, Acq. #l (40-5-l800-580-026-000) to Doub's Woods Park Workshop/Maintenance Building (40-5-l800-58l-0l4) and $20,000 from Little Conococheague Natural Area, Acq. #l (40-5-l800-580-026-000) to Doub's Woods Park Relocation of Administrative Offices (40-5-l800-58l-0l5). Unanimously approved. REQUEST FOR BRIDGE LOAN - TOWN OF BOONSBORO Barry Teach, County Administrator, informed the Commissioners that the Town of Boonsboro has made a request to the County for an interest-free loan of $570,000 for use for payment of invoices for water system improvements to be reimbursed when grant funds for the project are made available. James Young, Director of Finance, and Mr. Teach recommended that the Commissioners not advance funds as this would lead to a loss of $50,000 in budgeted County revenue from interest income, but stated that they would be willing to assist them in seeking a grant anticipation note. The Commissioners agreed with this recommendation. PUBLIC HEARING - ADDITION TO CONTRIBUTION LIST - TRI-STATE COMMUNITY HEALTH CENTER The President convened in public hearing at ll:l5 a.m., as advertised, in order to hear public comments regarding the request by Tri-State Community Health Center to be placed on the list of non-profit organizations to which the County may contribut funds. Renate Pore, Executive Director of Tri-State Community Health Center, spoke in support of the request and Commissioner Bowers read a letter of support into the record which he received from Councilmember Sally Fost on behalf of the Town Council of Hancock. There was no one in attendance to speak in opposition to the request. Commissioner Bowers announced that the record will be held open for ten (l0) days in order to receive written comments, and the hearing was closed at ll:20 a.m. JANUARY 2, l990 MINUTES, CONT'D. BOND RESOLUTION - SANITARY COMMISSION Lynn Palmer, Executive Director of the Sanitary District, and Louise Fahrney, Chairperson of the Sanitary Commission, appeared before the Commissioners along with Lester Guthorn, Financial Consultant from Ferris, Baker-Watts, and Steward Diana, Bond Counsel with Piper & Marbury, to present the resolution for the issuance and sale of $l6,570,000 Washington County Sanitary District Bonds. Mr. Palmer then made a presentation regarding project cost financing and repayment of loans. Motion made by Commissioner Irvin, seconded by Roulette, to adopt a Resolution concurring in the passage and adoption of a Resolution heretofore passed by the Washington County Sanitary Commission authorizing the issuance and sale of $l6,570,000 Washington County Sanitary District Bonds, Series E, said bonds to be issued on the full faith and credit of County Commissioners of Washington County; covenanting to impose ad valorem taxes in rate and amount sufficient to pay the interest when due and the principal at maturity of said bonds if such principal and interest is not paid from service charges, all as more particularly provided in the aforesaid Resolution passed by Washington County Sanitary Commisison; and pledging the full faith and credit and unlimited taxing power of County Commissioners of Washington County, as the security for the payment of said bonds. Unanimously approved. (Copy of the adopted Resolution is attached.) LEGISLATIVE LUNCHEON - FARM BUREAU The Commissioners recessed at l2:00 noon in order to attend a legislative luncheon sponsored by the Farm Bureau. MEETING WITH DELEGATION TO THE GENERAL ASSEMBLY The Commissioners met with members of the Washington County Delegation to the General Assembly following their luncheon with the Farm Bureau. In addition to the Commissioners, the following members of the Delegation were in attendance: Senator Victor Cushwa, Delegate Peter Callas, Delegate Donald Munson, Delegate James McClellan, Delegate Royd Smith and Delegate Casper Taylor. Agricultural Preservation Study Committee Proposal The Commissioners discussed the plan submitted by the Agricultural Preservation Study Committee which was presented to them at the December l9 meeting and presented to the Delegation at the Farm Bureau meeeting. The Delegation asked that the Commissioners compromise their position that the principal dwelling and one acre be taxed in accordance with the applicable tax rate, which differs from the Study Committee's recommendation that the principal dwelling have a property tax limit of $2500. Eric Seifarth, Associate Planner - Agriculture, suggested a compromise of a 50% property tax credit on the dwelling and one acre, plus an additional 50% credit when the owner sells the easement. The Commissioners agreed to discuss this recommendation. Impact Fee Resolution The Commissioners discussed the actions taken in response to the Delegation's April l9 letter regarding steps which they wished the County to take before they would consider enabling legislation for impact fees. The Commissioners noted that all conditions of this letter have been addressed and presented a Resolution, passed earlier in this session, requesting the support of the Delegation to consider enabling legislation to allow them to enact an ordinance for the purpose of assessing impact fees. Gary Rohrer, Chief, Division of Planning & Codes Administration, stated that the public workshop will be held on the proposed Adequate Facilities Ordinance at the end of this month and the hearing will hopefully be next month. Delegate McClellan stated that he is not against impact fees if done in an orderly manner and it is something the Washington County citizens can live with. Delegate Callas asked the Commissioners if they wanted any amendments to the bill which was drafted last year. The Commissioners indicated that there was nothing to be changed in the bill. Mr. Callas stated that the Delegation will consider this issue next week. State Trooper Shortage Commissioner Bowers related concerns that the State Police Barrack "O" in Hagerstown is eight troopers below strength and l3 below the number authorized in l980. He also noted that Garrett and Allegany Counties are at or above their quota. The Delegation members stated that they have talked to Secretary Robinson regarding this and asked that the Commissioners draft a letter with supporting documentation. JANUARY 2, l990 MINUTES, CONT'D. Drug-Free Zones Commissioner Bowers indicated that private organizations such as the Y.M.C.A. and several day care centers are interested in having drug-free zones established and requested that the Delegation consider these requests. Delegate Callas informed the Commissioners that a bill has been introduced that will include child care centers. The Meeting was recessed at 2:45 p.m. EVENING SESSION The Evening Session was convened at 7:00 p.m. by the President, Ronald L. Bowers with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and John S. Shank. PUBLIC HEARING - FIRE & RESCUE BOUNDARIES The Meeting was convened in Public Hearing at 7:00 p.m. in order to hear comments regarding the fire and rescue boundaries as recommended by the Washington County Volunteer Fire & Rescue Association. Brian Pile, President of the Association, stated that all volunteer companies, with the exception of companies of Funkstown and Fairplay, have arrived at agreements with their neighboring companies or a total of 33 of 35. Commissioner Bowers then opened the meeting for public comment. After hearing all testimony, Commissioner Bowers stated that the record will remain open for ten (l0) days in order to receive written comments. The meeting was adjourned at 8:30 p.m. County Attorney , Clerk