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HomeMy WebLinkAbout920609 June 9, 1992 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 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. INTRODUCTION OF NEW EMPLOYEE Terry McGee, County Engineer, introduced John Phillips, new Construction Inspector in the Engineering Department, to the Commissioners. PROCLAMATION - UNITED CEREBRAL PALSY CASUAL DAY Commissioner Roulette read and presented a proclamation to Jan Marcus, Director of the Washington County Chapter of United Cerebral Palsy, proclaiming June 19, 1992, as United Cerebral Palsy Casual Day and urging all citizens to be cognizant of this effort. Mr. Marcus thanked the Commissioners for the proclamation and provided information on the Casual Day fundraiser. BOARD/COMMISSION REPORTS Commissioner Irvin-Craig reported on the Task Force on Homelessness meeting and the Historic Trust meeting; and Commissioner Shank reported on the Joint Parks & Recreation Commission meeting. APPROVAL OF MINUTES - JUNE 2, 1992 Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the minutes of June 2, 1992, as corrected. Unanimously approved. CONTINGENCY APPROPRIATION - COUNTY COMMUTER BUILDING Motion made by Commissioner Irvin-Craig, seconded by Shank, to appropriate approximately $1,300 from the Contingency Fund for roof repairs necessary to the County Commuter building. Unanimously approved. APPROVAL OF AGRICULTURAL LAND PRESERVATION DISTRICT - TAX CREDIT LETTERS The Commissioners approved the letter submitted for their review regarding the procedure for utilizing tax credits on property with an Agriculture Land Preservation District designation, a copy of which is attached to the minutes. DISTRIBUTION OF STATE FIRE & RESCUE GRANT Motion made by Commissioner Shank, seconded by Irvin-Craig, to distribute the funds from the State grant for fire and rescue companies as follows: City of Hagerstown fire companies - $16,186.88 and $3,237.35 to each volunteer fire and rescue company in Washington County. Unanimously approved. AGRICULTURAL LAND PRESERVATION DISTRICT APPLICATIONS AD-91-56 AND AD-92-1 Motion made by Commissioner Shank, seconded by Irvin-Craig, to take from the table pending action on Applications AD-91-56, submitted by Oscar & Geraldine Hall, and AD-92-1, submitted by Walter Ludlam and C. L. Hirrlinger, for establishment of Agricultural Land Preservation Districts as heard at Public Hearing on May 12, 1992, and to approve both applications since they were submitted prior to the changes made to the policy regarding tax credits on small parcels which are not assessed as Agriculture. Unanimously approved. AMENDMENT TO MINUTES OF MAY 5, 1992 Motion made by Commissioner Shank, seconded by Irvin-Craig, to amend the minutes of May 5, 1992, to include the action taken to appropriate an additional $2,000 from the Contingency Fund to the Department of Social Services Local Emergency Assistance Fund, which was omitted in error. Unanimously approved. BID AWARD - TRAFFIC PAINT & BEADS Motion made by Commissioner Irvin-Craig, seconded by Shank, to award the bid for 7,000 gallons of yellow traffic paint to Linear Dynamics, Inc., who submitted the low total bid of $25,900, to award the bid for 4,000 gallon of white traffic paint to Linear Dynamics, Inc., who submitted the low bid of $14,960, and to award the bid for traffic beads to Flex-O-Lite who submitted the low bid of $8,100. Unanimously approved. BID AWARD - BITUMINOUS CONCRETE OVERLAY Motion made by Commissioner Irvin-Craig, seconded by Shank, to award the bid for bituminous concrete overlay to P & W Excavating, Inc., who submitted the low bid of $20.70/ton in place. Unanimously approved. JUNE 9, 1992 MINUTES, CONT'D. MARYLAND ASSOCIATION OF COUNTIES - EXHIBIT Barry Teach, County Administrator, informed the Commissioners that Hagerstown Junior College would like to wait until next year to provide an exhibit at the Maryland Association of Counties conference and the Community Coordinator has suggested a general theme focusing on Tour DuPont. The Commissioners agreed to this recommendation. PROPOSED AMENDMENT - CONSULTANT SELECTION POLICY P-1 Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the proposed updates and amendments to the County's Consultant Selection Policy P-1, as submitted by the Purchasing Agent. Unanimously approved. FISCAL YEAR 1993 PROJECT PACKAGE FOR TRI-COUNTY COUNCIL Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the list of projects to be submitted for consideration by Tri-County Council as prioritized: 1) Solid Waste Recycling Facility, 2) Hagerstown Water System Improvements, 3) Shared Laser Cutting Equipment, 4) Revolving Loan Fund for Equipment Modernization, 5) Hagerstown Roundhouse, 6) Hancock Downtown Revitalization, 7) Hancock Industrial Park, 8) Hagerstown Parking Deck II, 9) Hagerstown Downtown Improvements, l0) Boonsboro Downtown Improvements, ll) Williamsport Commercial Revitalization, and l2) Boonsboro Business Park. Unanimously approved. WASHINGTON TOWNSHIP - ICE RINK Barry Teach informed the Commissioners that Washington Township in Pennsylvania has received an endowment toward construction of an ice skating rink and has invited the County to participate in these discussions. The Commissioners asked that a representative from the Parks Department attend these meetings. PROPOSED POLICY FOR GRATIS GIFTS - CONVENTION & VISITORS BUREAU Motion made by Commissioner Shank, seconded by Irvin-Craig, to approve the proposed policy for gratis gifts as submitted by the Convention & Visitors Bureau to provide up to $50 of merchandise to recognized agencies who request this and to make additional merchandise available to them at the County's cost. Unanimously approved. The Commissioners asked that a 6 month status report be provided on how well the policy is working. UNNAMED LANE - COLD SPRING ROAD Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the recommendation of the Planning Department to name an unnamed lane situated off Crystal Falls Drive, Cold Spring Road. Unanimously approved. CONSENT TO SUB-LEASES WITH GROVE WORLDWIDE INDUSTRIES Motion made by Commissioner Bowers, seconded by Shank, to approve 3 month- to-month tenancy leases between Grove Worldwide, formerly Grove Manufacturing, and R. C. Rotors, CASA Aircraft, and Photo Science. Unanimously approved. OPTION AGREEMENT - IMPROVEMENTS TO KING ROAD Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the Option Agreement to purchase l/l0 of an acre from Mr. & Mrs. John Turner for the amount of $3,800, in order to provide improvements to King Road. Unanimously approved. EMERGENCY SHELTER GRANT - AGREEMENT WITH COMMUNITY ACTION COUNCIL Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the agreement with the Community Action Council for administration of the Emergency Shelter Grant. Unanimously approved. PUBLIC HEARING - ESTABLISHMENT OF ELECTRIC LIGHTING DISTRICT The Public Hearing was convened at l0:l0 a.m. in order to hear comments regarding the establishment of an electric lighting district in Londontowne on Abbey Lane and Queen Anne's Court. Tanya Pearcy stated that 44 of 58 homeowners signed a petition in favor of this request. The Commissioners then opened the meeting for public comment. Tanya Pearcy and Jill Sandine spoke in favor of the proposed electric lighting district. There was no one present to speak in opposition. Motion made by Commissioner Bowers, seconded by Irvin-Craig to approve the establishment of the Londontowne Electric Lighting District as submitted, in accordance with Article 25, Section 2B of the Annotated Code of Maryland, and to bill on a per tax account basis. Unanimously approved. JUNE 9, 1992 MINUTES, CONT'D. REZONING TEXT AMENDMENT RZ-92-8 Barry Teach, Administrator, submitted copies of the Planning Commission's report regarding Rezoning Text Amendment RZ-92-8 regarding the incineration of hazardous waste in a retro-fitted cement kiln, and noted that they recommended approval of the amendment as submitted with editorial clarification. Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve Rezoning Text Amendment RZ-92-8 as recommended by the Planning Commission and as heard at public hearing on May l8, l992, and to adopt the editorial clarification made in Sections l3.7, l4.7 and l5.5. Unanimously approved. COST SHARE - IMPROVEMENTS TO RIGHT-OF-WAY - HARVARD ROAD Motion made by Commissioner Bowers, seconded by Shank, to share half of the cost of excavation, swale, and grate at l0l Harvard Road since it is public right-of-way, with a County share of $445. Unanimously approved. PUBLIC HEARING - INTENTION TO CONVEY EASEMENT The Commissioners convened the public hearing at l0:42 a.m. in accordance with Section l-30l of the Code of Public Local Laws of Washington County, Maryland, for the purpose of considering the intention to convey an easement for ingress and egress to Scott L. Emerick over property owned by the County Commissioners along the north side of Twin Spring Drive, without consideration, with the Grantee to pay the costs of publication and recording fees. Scott Emerick spoke in favor of the conveyance. There was no one present to speak in opposition. Motion made by Commissioner Bowers, seconded by Shank, to convey an easement of 3,l40 square feet of land along the north side of Twin Spring Drive for no consideration to Scott L. Emerick, with Mr. Emerick being responsible for the cost of publication and recording fees. Unanimously approved. APPOINTMENT - HISTORIC DISTRICT COMMISSION Motion made by Commissioner Irvin-Craig, seconded by Shank, to appoint Eleanor Lakin to the Historic District Commission for a three year term. Unanimously approved. APPOINTMENT - ETHICS COMMISSION Motion made by Commissioner Shank, seconded by Bowers, to appoint David Emmert to the Ethics Commission for a three year term. Unanimously approved. CITIZEN PARTICIPATION Susie Smith stated that even if Clean Rock Industries' application is found to be consistent with the County's Solid Waste Management Plan, she feels it is not in accordance with County zoning and land use laws and asked that this be conveyed to the State. RECOMMENDATION REGARDING CLEAN ROCK INDUSTRIES' APPLICATION TO THE DEPARTMENT OF THE ENVIRONMENT - SOLID WASTE ADVISORY COMMITTEE James Black, Chairman, and John Clopper, Member, of the Solid Waste Advisory Committee, met with the Commissioners to give their Committee's recommendation after reviewing Clean Rock Industries' application to the State Department of the Environment for a Refuse Disposal Permit for a Processing Facility. Mr. Black stated that they have found Clean Rock to be in compliance with the County's Solid Waste Management Plan and indicated that they had heard an informal presentation by a representative from Clean Rock at their May 28 meeting. During discussion, the Commissioners indicated conditions/comments they would like to see included in the letter to the State approving Clean Rock Industries' application. They are as follows: l) The Clean Rock operation will not include the processing of any hazardous or toxic waste as defined by Maryland law or regulation. 2) The State Department of the Environment would be involved in regularly monitoring the operation on a long-term basis to insure that the provisions of the permit are being met. 3) The permit and operation would strictly adhere to the provisions of the application as filed and specifically that the only materials to be processed are those listed in the application. 4) The County will be allowed to monitor and inspect the operation on an unannounced basis. 5) The County wishes to be kept informed of any violation of the permit or State regulations, or any attempt to amend the application. 6) The operation will be subject to all applicable local land use regulations. The Commissioners asked that this letter be drafted for their review before they formally support Clean Rock's application. ECONOMIC DEVELOPMENT COMMISSION PROGRESS REPORT Leroy Burtner, Director of the Economic Development Commission, and David Barnhart, Beverly Brice, and Sharon Disque, Economic Development Specialists JUNE 9, 1992 MINUTES, CONT'D. appeared before the Commissioners to provide a progress report on their activities and an update on various projects. David Barnhart reported on the Target/Marketing program and the approach which will be taken with prospective businesses. He also noted that Hagerfest is scheduled for June 12-13. Beverly Brice reported on Enterprise Zone designation and stated that it is due to expire in December of this year. She informed the Commissioners that the State recommended narrowing the boundaries of existing zones to focus on primary areas for development. Ms. Brice stated that over the past l0 years, $82,432,85l has been realized in capital improvements and l,524 new jobs have been created from the l62 applications approved. Sharon Disque reported on recent prospect activity and inquired about the possibility of developing another business park in the community. She stated that there is a need for parcels of 25 acres or larger with infrastructure. The Commissioners discussed having EDC members address specific site problems and make a recommendation. RECESS - LUNCH The Commissioners recessed at 12:26 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 2:10 p.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers and Commissioners Linda C. Irvin-Craig and, John S. Shank. LETTER TO DEPARTMENT OF ENVIRONMENT - CLEAN ROCK INDUSTRIES Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve sending a letter to the State Department of the Environment stating that Clean Rock Industries' application for a Refuse Disposal Permit for a Processing Facility is consistent with Washington County's Solid Waste Management Plan with the conditions and comments listed in the Morning Session. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin-Craig, seconded by Shank, to convene in Executive Session at 2:21 p.m. regarding personnel and property matters 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. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin-Craig, seconded by Bowers, to reconvene in Regular Session at 4:39 p.m. Unanimously approved. LETTERS OF INTENT - HAGERSTOWN JUNIOR COLLEGE - CAPITAL PROJECTS Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve Letters of Intent for capital projects at Hagerstown Junior College stating that the County intends to provide the local share of funds for design, construction and equipment of the projects: Physical Education Addition (design and construction), Central Receiving & Maintenance Building, and Library Alterations (design and construction). Unanimously approved. APPROVAL OF MINUTES - MAY 26 AND 27, 1992 Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the minutes of May 26 and 27, l992, as corrected. Unanimously approved. ADJOURNMENT Motion made by Commissioner Shank, seconded by Irvin-Craig, to adjourn at 4:40 p.m. Unanimously approved. County Attorney , Clerk