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March l3, l990
Hagerstown, Maryland 2l740
The Regular Meeting of the Board of County Commissioners of Washington County was
called to order at 9:00 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.
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Bowers led the assemblage in The Lord's Prayer, followed by the Pledge
of Allegiance to the Flag.
COMMISSION FOR WOMEN - INVITATION TO WOMEN'S FAIR
Barbara Fetterhoff, President of the Commission for Women, and Donna Smith, Co-
Chairwoman of the Organizing Committee, appeared before the Commissioners to extend
an invitation to the Women's Fair to be held on Sunday, March 25, at Hagerstown
Junior College.
APPROVAL OF MINUTES - FEBRUARY 27, l990
Motion made by Commissioner Downey, seconded by Irvin, to approve the minutes of
February 27, l990, as submitted. Unanimously approved.
ADOPTION OF RECYCLING PLAN
Motion made by Commissioner Shank, seconded by Roulette, to formally adopt the
Recycling Plan which was presented to the Commissioners at their meeting on
February 27, l990, for submission to the State. Unanimously approved.
BOARD/COMMISSION REPORTS
Commissioner Irvin reported on the Historical Advisory Board meeting and the Task
Force on Homelessness meeting; Commissioner Downey reported on the Tri-County
Council meeting; and Commissioner Roulette reported on the Tourist Information
Bureau meeting.
APPOINTMENT - HISTORICAL ADVISORY COMMITTEE
Motion made by Commissioner Irvin, seconded by Roulette, to appoint Roger Keller to
the Historical Advisory Committee, to fill the vacancy created by the resignation
of Gloria Dahlhamer, as media representative. Unanimously approved.
COMMUNITY ACTION COUNCIL PRESENTATION - CERTIFICATES OF AWARD
Betty Willson, President of the Community Action Council Board of Directors, and
Cheryl Walkley, Acting Director, appeared before the Commissioners to present
Certificates of Award to Commissioners Ronald L. Bowers and R. Lee Downey for their
invaluable support and contributions in support of the war on poverty in the State
of Maryland. She also presented Certificates to Dr. Fred Otto, Rome Schwagel and
Odell Rosen, who were instrumental in the creation of Community Action Council.
Ms. Willson also invited the Commissioners to the 25th anniversary celebration for
CAC.
WATER/SEWER PLAN AMENDMENT - WS-90-l
Barry Teach, County Administrator, informed the Commissioners that the Planning
Commission has voted to recommend that Water/Sewer Plan Amendment, Application WS-
90-l, be denied, finding that it is not consistent with the Comprehensive Plan.
Motion made by Commissioner Roulette, seconded by Irvin, to DENY the request for
amendment to the Water/Sewer Plan, made by Horn Property Partnership (WS-90-l)
based on the finding that it is not consistent with the Comprehensive Plan, that it
lies outside the Urban Growth Area as defined in the Comprehensive Plan and that
the level of density proposed, 20,000 sq. ft./lot, with septic is not appropriate
or consistent with the goals of the Comprehensive Plan. Unanimously approved.
LINE ITEM TRANSFER - SHERIFF'S DEPARTMENT
Motion made by Commissioner Roulette, seconded by Shank, to approve the line item
transfer requested by the Sheriff's Department to transfer $5,400 from Regular
Wages (0l-5-l22l-4l2-000) to Contracted Services (0l-5-l22l-524-000). Unanimously
approved.
LINE ITEM TRANSFER - NARCOTICS TASK FORCE
Motion made by Commissioner Roulette, seconded by Irvin, to approve the line item
transfer requested by the Narcotics Task Force transferring $l,500 from
Investigation Fund (0l-5-l202-529-l60) to Office Furniture & Equipment (0l-5-l202-
687-0l0) to cover the estimated cost of night vision equipment. Unanimously
approved.
MARCH l3, l990
MINUTES, CONT'D.
ROADS DEPARTMENT - AUTHORIZATION TO UTILIZE FUNDS
Motion made by Commissioner Roulette, seconded by Shank, to allow the Roads
Department to use the $l,325, which they received as settlement payment from a
recent automobile accident, to purchase new office chairs and to place the
remaining funds into the Office Supplies line item. Unanimously approved.
CAPITAL FUND TRANSFER - HAGERSTOWN JUNIOR COLLEGE
Motion made by Commissioner Roulette, seconded by Irvin, to transfer funds in
Hagerstown Junior College's Capital Budget, as requested by Dr. George Elliott,
from the project designated for construction and repair of pavement (Project 90-07)
to fund a new project necessary to repair the leaks discovered in the underground
storage tank and for removal of asbestos, which is estimated to cost $25,000.
Unanimously approved.
ADOPTION OF RESOLUTION - HIGHFIELD/CASCADE/PEN MAR WASTEWATER
FACILITIES PROJECT
Motion made by Commissioner Roulette, seconded by Shank, to authorize President
Bowers to execute a resolution, on behalf of Washington County, requesting $500,000
in Maryland Small Cities Community Development Block Grant assistance, to be used
for the Highfield/Cascade/Pen Mar Wastewater Facilities construction, for
submission to the State of Maryland. Unanimously approved.
CANCELLATION OF AIR SHOW
James Alphin, Experimental Aircraft Association, and Don Talbert, of the Longmeadow
Lions Club, appeared before the Commissioners to apologize for not informing them
sooner that the groups will not be sponsoring an air show this year at the
Washington County Regional Airport. Mr. Alphin explained that rising costs for the
acts and declining attendance contributed to this decision, but stated that
possibly they would sponsor a show in the future.
PUBLIC HEARING - CLOSING OF MARGIN ROAD
The President convened the Public Hearing at l0:30 a.m., as advertised, in order to
hear any comments regarding the request to close a section of Margin Road. Ralph
H. France II, County Attorney, informed the Commissioners that the portion of the
road which we are requesting be closed is depicted on State Road Commission Plat
l8475 and is within the Airport Business Park but is not a part of the
transportation system for the Park. Margin Road has been used primarily by Martin
H. Burkholder and his family and the County. Until recently, the road was the only
access to the Burkholder farm and the Park's stormwater management facility which
is maintained by the County. Recently, the County opened and constructed the
airport access road which provides better and direct access to Burkholder's farm
and the facility, and Margin Road as depicted on the above plat, is no longer
needed. In addition, Margin Road intersects at a critical point with one of the
private roads which provides direct access to the Citicorp building. The
intersection of Margin Road and the road providing access to the Citicorp buildings
is a very dangerous intersection for both Mr. Burkholder and the employees of
Citicorp and visitors to that facility. There have been several near accidents at
this intersection and the closing of the road will eliminate the possibility of
future accidents.
In addition, Margin Road intersects with the Park's internal road system and
despite excellent road signs, those who enter the Park have used the road as a
primary access to the Citicorp buildings only to discover that Margin Road took
them to the Burkholder farm. This confusion could be avoided by closing the road.
In addition, the closing of the road will eliminate unnecessary public traffic
which may interfere with the orderly development of the Washington County Business
Park which already includes an excellent road system. The closing of the road will
enhance the integrity of the Park and make it more attractive to potential business
and industrial prospects. There was no one present to speak in favor of or in
opposition to the proposed closing.
Motion made by Commissioner Roulette, seconded by Shank, to close a section of
Margin Road, as advertised, from its intersection with the Citicorp Access Road to
just north of the Burkholder property line. Unanimously approved.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Downey, seconded by Roulette, to convene in Executive
Session at l0:35 a.m. in regard to personnel, property and to confer with the
County Attorney, in accordance with Section l0.508 of the State Government Article
of the Annotated Code of Maryland. Unanimously approved.
MARCH l3, l990
MINUTES, CONT'D.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Irvin, seconded by Shank, to reconvene in Regular
Session at ll:05 a.m. Unanimously approved.
PLANNING DATA BASE STUDY
Gary Rohrer, Chief, Division of Planning & Codes Administration, and Kathleen
Riley, Chief, Division of Citizens Services, met with the Commissioners to present
the Planning Data Base Study prepared for them to provide a base to aid them on
decisions regarding growth management and related issues. The study compared
trends in Howard, Frederick, Carroll and Washington Counties on the topics of
permits, housing, subdivision activity, open space, financial information,
population and staffing. Mr. Rohrer stated that they were encouraged to note that
most of the growth is occurring in and around designated growth areas and that,
although Washington County is growing steadily, there has not been an explosive
growth rate, and that the rate of growth appears to be decreasing. Ms. Riley also
noted that this data will be updated annually. The Commissioners thanked Mr.
Rohrer, Ms. Riley, and the Permits staff and Planning staff for their work on this
project.
EMPLOY SECRETARY II - PERMITS
Motion made by Commissioner Shank, seconded by Roulette, to employ Vanessa Warner
as Secretary II in the Permits & Inspections Department to fill an existing
vacancy. Unanimously approved.
EMPLOY SCHOOL/COMMUNITY RECREATION PROGRAM
Motion made by Commissioner Roulette, seconded by Irvin, to employ the following
people for the School/Community Recreation Program from April 2 through July 27:
Pat Caricofe, Aide, Western Heights Middle School; Tracy Cianelli, Director, North
High School; Harry Haven, Director, Western Heights Middle School; Steven Reese,
Co-Director, South High School; and Teresa Reese, Aide, North High School.
Unanimously approved.
ENDORSEMENT - REGIONAL REHABILITATION PROGRAM
Motion made by Commissioner Roulette, seconded by Irvin, to endorse the
application for the establishment of a 5l-bed regional rehabilitation program in
Western Maryland through the Washington County Hospital and Memorial Hospital and
Medical Center in Cumberland. Unanimously approved.
RECESS
The Meeting was recessed at l2:25 p.m.
March l3, l990, as submitted. Unanimously approved.
LINE ITEM TRANSFER - SHERIFF'S DEPARTMENT
Motion made by Commissioner Shank, seconded by Roulette, to transfer $750 from
Maintenance Agreements (0l-5-l22l-543-000) to Computer Maintenance and Enhancements
(0l-5-l22l-543-050) as requested by the Sheriff's Department. Unanimously
approved.
HOUSING MATTERS
Karen Hoff, Multi-Family Housing Specialist in the Housing & Community Development
Office, appeared before the Commissioners to discuss the changes in the
administration of the Housing Preservation Grant Program for l990-9l. Ms. Hoff
explained they are experiencing problems recruiting experienced and reliable
contractors to bid on jobs due to the small size of the rehab work and in locating
homeowners who qualify. Ms. Hoff also stated, that, for this reason, they are
proposing that Housing & Community Development contract to utilize the services of
the crew established by Community Action Council to perform the rehab for these
units. The Commissioners agreed with the changes proposed and authorized Housing
to proceed with the application.
Richard Willson, Director of Housing & Community Development, informed the
Commissioners that the State Office of Housing & Community Development has agreed
to formalize the self-administering relationship they have with them. He explained
that the County would then accept responsibility for making loans and would be held
accountable if the loans were not in compliance with State regulations. The County
Attorney has reviewed this agreement and is comfortable with it. The Commissioners
took this matter under advisement at this time in order to review this agreement in
more detail.
EVENING SESSION
The Evening Session was convened at Town Hall in Clear Spring 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. Also
present were Mayor Betty Shank, Assistant Mayor Gary Grove, and Councilmembers
Dennis Crosby and Ronald Suffecool.
Barry Teach, County Administrator, stated that pursuant to Article 8l of the Tax
Article of the Annotated Code of Maryland, the Commissioners are required to meet
with each municipality annually to discuss the tax differential or payment-in-lieu
of taxes program. He informed Town officials that they will receive the base
payment of $2,000 since Clear Spring does not provide for parks, highways, or
police protection services on which the formula is based. Commissioner Bowers also
mentioned that the rate may possibly be increased since it has remained the same
for four years.
The Commissioners discussed the Adequate Public Facilities Ordinance and Impact Fee
legislation and answered questions regarding these issues, and the Town's interest
in a possible Town Growth Area Study.
The Town also questioned the possibility of having a County Building Inspector
perform inspections within the municipal limits of Clear Spring to be certain that
buildings are being constructed according to applicable codes. Mr. Teach explained
that there are several municipalities which have this agreement with the County
Permits & Inspections Department and that it seems to be a satisfactory arrangement
for both the municipality and the County government.
MARCH l3, l990
MINUTES, CONT'D.
The Town officials also discussed their attempts to have the State Highway
Administration install a traffic light at the intersection of Routes 40/68 and Mill
Street. Mayor Shank explained that the State has informed them that their study
concludes that a signal is not warranted at that location. She also reported that
Dr. Foster has informed her that funding is in place for the proposed White Tail
Ski resort, which he is developing in Pennsylvania, just west of Clear Spring, and
that this will heavily impact this intersection. The Commissioners discussed
possibly funding one-third the cost, the Town funding one-third and requesting that
the State provide one-third in light of the new situation regarding construction of
the ski resort.
Mayor Shank also mentioned that the Washington County Free Library hopes to receive
grant funds to perform a study and they are anticipating that Clear Spring will be
designated as a critical area for library services if the grant is approved.
The Meeting was adjourned at 8:20 p.m.
County Attorney
, Clerk