Loading...
HomeMy WebLinkAbout911126 November 26, 1991 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin-Craig, Gregory I. Snook, and John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Shank, followed by the Pledge of Allegiance to the Flag by the full assemblage. ABANDONMENT OF RIGHT-OF-WAY Motion made by Commissioner Irvin-Craig, seconded by Shank, to dedicate approximately 20,000 sq. ft. of County right-of-way to the 5 adjacent property owners, due to the realignment of Smithsburg/Leitersburg Road. Unanimously approved. CHANGE ORDER - SHERIFF'S DEPARTMENT PATROL FACILITY Motion made by Commissioner Bowers, seconded by Shank, to approve a Change Order in the amount of $3,282.39 for Maryland Maid Kitchens to install a surface work area for the communications console at the Patrol Facility. Unanimously approved. Gary Rohrer, Chief, Division of Planning & Codes Administration, also asked for a Change Order to replace 93 fixtures specified for T-hangars with high output fixtures for a cost of $7,23l. The Commissioners asked that he provide price comparisons on starter switches before proceeding with this change. REVISED FISCAL YEAR 1991 CAPITAL IMPROVEMENTS PROJECTS BUDGET - BOARD OF EDUCATION Dr. Wayne Gersen, Superintendent, and Wayne Stouffer, Director of Finance, for the Board of Education, appeared before the Commissioners to review the revised Fiscal Year l99l Capital Improvements Projects budget. Dr. Gersen stated that the IAC has informed them that the State has included $2.583 million in next year's funding cycle for the North High project, which means they will be able to successfully fund the project with the proposed revision of the CIP. The proposed revised budget would provide $3,307,949 to the North High renovation. The proposed revised budget is as follows: Eastern Elementary - $300,000; North High Renovations - $3,307,949; Systemic Projects - $l02,880; Handicap Compliance - $550,000; Maintenance Projects - $92l,28l; and Boonsboro Elementary - $39,850, for a total $5,22l,960. Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the Fiscal Year l99l Revised Capital Improvements Projects budget for the Board of Education as presented. Unanimously approved. PROCLAMATION - PEARL HARBOR SURVIVORS DAY Thomas Gilliam, Amos Anderson, William Nichols, Norman Vince and Marvin Spencer appeared before the Commissioners to receive a proclamation honoring December 7, l99l, as Pearl Harbor Survivors Day in Washington County. Each of the gentlemen told of their experiences as survivors of the attack on Pearl Harbor and several stated that they are returning to Hawaii for the commemoration of the 50th anniversary of the attack. Commissioner Roulette presented the proclamation to Mr. Anderson and commended this observance to all County citizens. CLEAN ROCK INDUSTRIES - SITE LOCATION Vincent Iuliano, President of Clean Rock Industries, and Donald Beaver, attending as an "interested citizen", met with the Commissioners to inform them that they have located a 44 acre site at the intersection of Route 66 and Route 40 which they feel is suitable for construction of the facility. Mr. Iuliano asked if the Commissioners could expedite the process for approval of this site due to time constraints. Commissioner Roulette stated that it is a legal requirement that a public hearing be advertised for a certain period of time and there is no way to shorten this time period. He also indicated that even if it were not a legal requirement, it is the philosophy of the Commissioners to give the citizens time to address such matters through the public hearing process. The Commissioners indicated that they are not in a position to endorse a location at this point and Mr. Iuliano should work through the required process. PUBLIC HEARING - AMENDMENT TO SECTION 40 - ANIMAL ORDINANCE The Commissioners convened the public hearing at l0:l0 a.m. in order to hear public testimony regarding the proposed change to Section 40 of the Animal Ordinance. County Attorney, Ralph France, explained that this change would increase the penalty for delinquent payment of citations to $50 after 30 days and to $75 after 60 days, and includes a $l75 attorney's fee if the County must go NOVEMBER 26, 1991 MINUTES, CONT'D. to court to collect the fine. There was no one present to speak in favor of the amendment. Fred Hose spoke in opposition to the proposed amendment. Angie Harsh, Vice President of the Animal Control Authority Board, raised several questions about the fines and asked if a provision could be included to lengthen the time period if a person in violation of the ordinance was unable to pay the entire fine at one time. After hearing all testimony, Commissioner Roulette stated that the record would be held open for ten (l0) days in order to receive written testimony. The hearing was closed at l0:2l a.m. ST. JAMES/CLOVER HEIGHTS STATUS REPORT Lynn Palmer, Executive Director of the Sanitary District, appeared before the Commissioners to provide a status report on the St. James/Clover Heights project and the advantages and disadvantages of the 2 alternatives of providing sewer to this area. Mr. Palmer explained that the options for sewering this area are either to go to the Potomac Edison pumping station and onto the Conococheague Wastewater Treatment or to go to the upgraded Maryland Correctional Institution (MCI) facility. He then reviewed the routes which would be taken going to each of the treatment plants. Mr. Palmer noted that there would be very little difference in fees to the customers with either of the routes but external factors must be considered in making the decision. He reviewed the advantages and disadvantages of using the MCI option and noted that a major consideration is that it requires immediate cash outlay of $l00,000 without guarantee of return and a commitment of an additional $l,600,000 by March 20, l992, without guarantee of costs. He then presented the advantages and disadvantages of using the Conococheague option. The advantages include lower capital costs and reduced County financial liability; in addition, it allows time for public meetings and hearings prior to the commitment of funds. He advised that the disadvantages are that the County must accelerate adding the second 2.5 mgd module, there are higher operating costs due to pump station electrical costs and odor control chemicals, and some easement negotiation is required. The Commissioners interrupted the presentation at this time to hold a scheduled public hearing. PUBLIC HEARING - CLOSING OF ANTIETAM DRIVE The Commissioners convened at l0:42 a.m. to hear comments regarding the proposed intention to close Antietam Drive. Ralph France, County Attorney, reported the history of the project and explained that CSX Railroad has renewed its request that the County honor its agreement to close Antietam Drive at the intersection of Eastern Boulevard. He stated that CSX has filed a request with the State Department of Transportation to close the crossing and the State has replied that the County Commissioners must hold a public hearing to close the Road at this location before they will officially close the crossing. There was no one present to speak in favor of the closing of Antietam Drive. Richard Jacobs, Attorney for Mr. Harbaugh and Mr. Godlove, residents of the area, submitted a petition opposing the closing. The hearing was closed at l0:50 a.m. and Commissioner Roulette announced that the record will remain open for ten (l0) days in order to receive written testimony. Stan and Donald Klick then spoke in favor of the closing of the crossing or the connector road. CITIZEN PARTICIPATION There was no one present who wished to speak during the scheduled time for Citizen's Participation. ST. JAMES/CLOVER HEIGHTS SEWER PROJECT - CONTINUED Mr. Palmer continued his update on the St. James/Clover Heights project. He stated that the Sanitary District has signed an agreement with Continental Development Co. regarding participation in the project. The Commissioners agreed that due to the economic conditions, the most favorable alternative is for the County to go to the Potomac Edison pumping station and onto the Conococheague Wastewater Treatment Plant using the route through Rench Road, and not use the Maryland Environment Service alternative through the MCI facility. Mr. Palmer suggested that they negotiate with MCI regarding the 70,000 gallons reserved for the County. Mr. Palmer also reminded the Commissioners to include the fee structure for existing developments for connection to a line in the package to the County's Delegation to the General Assembly for legislation. CONFLICT - HISTORIC PRESERVATION OVERLAY AND AGRICULTURAL LAND DESIGNATIONS Jere DeBaugh, President of the Farm Bureau, met with the Commissioners to discuss his concerns regarding properties which have both the Historic Preservation overlay and the Agricultural Land Preservation District NOVEMBER 26, 1991 MINUTES, CONT'D. designations. He stated that the Farm Bureau will more fully discuss this with the Commissioners at their legislative luncheon but they are recommending that the 2 districts not overlap. Commissioner Roulette suggested that the HP overlay could be modified to allow farming operation and also noted that this zone is not permanent and could be removed upon request. Also discussed was the possibility of a property owner receiving tax credits for both designations. The Commissioners took this under advisement at this time. BUDGET RECOMMENDATION FOR REDUCING EXPENDITURES Barry Teach, Administrator, presented recommendations which he and James Young, Director of Finance, developed for reductions in the budget using the worst case scenario for revenue projections, as requested by the Commissioners. Mr. Teach reviewed the revenue projections and stated that, at this time, they are estimating that revenues will be $4,363,500 less than budgeted. He then reviewed the budget cuts instituted in the first two rounds and the proposed recommendations for the third round cuts. The proposed reductions include $380,000 from the Operating Budget, $50,000 from the Health Department/Ambulance Service, $l,500,000 from the Board of Education, and $400,000 credit if the l985 bond issue is refinanced, for a total of $2,330,000. The Commissioners expressed concerns over how the Board of Education reductions would be made and asked Mr. Teach to have them specify where the budget would be cut. The Commissioners took these recommendations under advisement at this time. WATER/SEWER PLAN AMENDMENT - WS-91-8 The Commissioners reviewed the recommendation for Water/Sewer Plan Amendment WS-9l-8, as submitted by Bruce N. Hoffman & Sons for Hill-N-Dale Acres, to expand the existing water service area and to change the water priority designation from W-7 to W-5. The subject property is located along Mt. Tabor Church, Resh, and Kaiser Ridge Roads where Mr. Hoffman is proposing approximately 42 single-family lots on a total of 38 acres. The Planning Commission recommended approval of WS-9l-8 with the following considerations: l) The water service area which will be expanded already exists outside of the Urban Growth Area boundary and was established to alleviate existing groundwater contamination problems in the area. 2) Any development taking place within the expanded service area must be accomplished at the density for that district as if a development were being proposed without public water and sewerage facilities. The provision of public water and sewerage services outside of the Growth Area for the purpose of increasing the density of new development is not consistent with the policies of the Plan. 3) No impacts on other services planned or provided to the area above what are already anticipated would occur since on increase of density is being permitted. Motion made by Commissioner Shank, seconded by Bowers, to approve Water/Sewer Plan Amendment WS-9l-8, submitted by Bruce N. Hoffman & Sons, as conditioned by the Planning Commission. Unanimously approved. APPROVAL OF MINUTES - NOVEMBER 12 AND 19, 1991 Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the minutes of November l2, l99l, and November l9, l99l, as corrected. Unanimously approved. RECESS - LUNCH The Commissioners recessed at l2:30 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at l:l5 p.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin-Craig, John S. Shank and Gregory I. Snook. ECONOMIC DEVELOPMENT COMMISSION MATTERS - HAGERSTOWN MAYOR & COUNCIL The Commissioners met with Hagerstown Mayor Steven Sager and City Councilmembers, William Breichner, John Schnebly, Robert Smith, Susan Saum-Wicklein, and Fred Kramer. Also present were Leroy Burtner, Executive Director of the Economic Development Commission, and Terry Randall, Chairman of the EDC Board. Mayor Sager stated that the City is concerned that the merger of the City and County EDCs into one body is not working out as they had hoped it would. He distributed a proposal to the Commissioners listing possible changes and duties and suggested removing the Downtown Coordinator position from the EDC staff and placing it back under the City's Downtown Assessment District (DAD) jurisdiction, which they feel will better address the needs of the downtown area. Mayor Sager stated that under their plan, the EDC would continue to work with business and industrial prospects for the City of Hagerstown. The Commissioners and Councilmembers then discussed promotion of downtown and concerns regarding funding and expectations. It was agreed to schedule a meeting with representatives from DAD, the EDC Board, NOVEMBER 26, 1991 MINUTES, CONT'D. Mayor and Council, County Commissioners, and staff, to resolve problems in this regard. No decisions were made at this time. < CHANGE ORDER - T-HANGAR LIGHT FIXTURES Gary Rohrer, Chief, Division of Planning & Codes Administration, provided information regarding the high output light fixtures for the Airport T-hangars. He stated that the cost for 93 units will be $7,23l.68 which could be recoverable through the lease and would not be substantially higher than the switches suggested. Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the Change Order for high output light fixtures in the T-hangars for the amount of $7,23l.68, and to include this as a requirement in future specifications. Unanimously approved. REQUEST FROM ALLEGANY COUNTY COMMISSIONERS - SOLID WASTE Barry Teach, Administrator, read a letter from the County Commissioners of Allegany County asking if Washington County would accept up to l2,000 tons of solid waste at the County's sanitary landfill between now and January l, l992. After discussion, the Commissioners asked Mr. Teach to contact the State Department of the Environment to get their opinion on Washington County accepting solid waste from Allegany County CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Shank, to convene in Executive Session at 2:45 p.m. in regard to property matters and to perform annual personnel evaluations, pursuant to Section l0-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Shank, to reconvene in Regular Session at 5:00 p.m. Unanimously approved. REAPPOINTMENTS - GOLF COURSE CORPORATION Motion made by Commissioner Snook, seconded by Irvin-Craig, to reappoint James Young, Bert Yingling, and Ronald Stansbury to the Washington County Golf Course Corporation for 3 year terms. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Bowers, to adjourn at 5:0l p.m. County Attorney , Clerk