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HomeMy WebLinkAbout950711July 11, 1995 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:30 a.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. 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. APPROVAL OF MINUTES - JULY 5, 1995 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of July 5, 1995, as corrected. Unanimously approved. BID AWARD - RENTAL UNIFORM SERVICE FOR VARIOUS DEPARTMENTS Motion made by Commissioner Shank, seconded by Wade, to award the bid for Rental Uniform service for various county departments to Industrial Towel Supply, Inc., who submitted the low total base bid of $25,139.40 annually. Unanimously approved. ADOPTION OF GAMING RULES AND REGULATIONS The Commissioners discussed the comments and letters received following the public hearing held at the July 5, 1995 meeting regarding adoption of proposed Gaming Rules and Regulations. James Kimble, Second Vice President of the Halfway Volunteer Fire Company, expressed concerns that the larger companies will lose money if these regulations are adopted as proposed. The Commissioners considered the possibility of including a mechanism in the regulations to insure that the volunteer fire and rescue companies are reimbursed at the end of the year for their $1 per jar fee if they can prove they have lost revenue. Commissioner Wade asked that the companies give the regulations one year to see how they work before making any amendments to the regulations. He stated that the Volunteer Fire & Rescue Association can address this problem through its distribution of the funds to the companies and suggested the companies could possibly be refunded on a per call basis or on the number of tip jars purchased. Stuart Mullendore, member of the Gaming Commission, stated that the Commission is trying to establish the volume of gaming activity in Washington County through this system and indicated that the Commission does not preclude returning funds to the volunteer companies at the end of the year. He stated that the Commission would like to see the current regulations adopted because they provide accountability and a method by which the Commission can trace the dollars spent. Commissioner Shank stated that the companies need to be assured that they will be able to meet their financial obligations and will not receive less than the present amount of revenue they raise. Motion made by Commissioner Wade, seconded by Bowers, to adopt the Revised Washington County Gaming Rules and Regulations of July 7, 1995. The intent of the Board of County Commissioners is to give any monies remaining in the administrative fund of the Gaming Commission to charitable organizations and the volunteer fire and rescue association and to insure that the volunteer fire and rescue companies will not lose money . Unanimously approved. The Commissioners stated that they wish to review the program on a semi-annual basis. The Commissioners thanked the Gaming Commission for the time and effort the members spent on developing the rules and regulations. MT. AETNA WATER SUPPLY LOAN Gary Rohrer, Chief, Division of Public Works, and George Gross, Acting Director of the Water and Sewer Department, met with the Commissioners to inform them of problems with the Mt. Aetna water supply. Mr. Rohrer explained that approximately 2500 linear feet of pipe needs to be replaced due to the joints which are leaking and treated water is being lost. Mr. Rohrer stated that it will cost approximately $75,000 to correct the problem and there are no reserves to handle it at this time. He indicated that the Maryland Department of the Environment MDE) will not permit pumping from nearby streams for the water supply. Mr. Rohrer said that if they move quickly using the Department's construction crew, the repairs can be made in a timely manner with the cooperation of MDE to prevent water shortage. The Commissioners indicated that the funds would have to be in the form of a loan and Commissioners Shank and Downey asked that consideration be given to increasing the rates for the users of this system to pay back this loan. JULY 11, 1995 MINUTES, CONT'D. Motion made by Commissioner Wade, seconded by Bowers, to loan the Water and Sewer Department up to $80,000 to replace approximately 2,500 linear feet of water line in the Mt. Aetna Subdistrict from the CIP Budget to fund this project and to take under consideration the option of increasing the rates for users of the system to pay back the loan after the rate study information is received from the consultant. Unanimously approved. ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the dedication of Eastern Boulevard is scheduled for July 17th. Mr. Shoop informed the Commissioners that he received a request from the Washington County Christian Work Camp to waive landfill fees for approximately 10 ton of rubble in mid-August. The Commissioners took this request under consideration. AUTHORIZATION TO ADVERTISE POSITIONS Motion made by Commissioner Wade, seconded by Shank, to authorize the advertisement of two positions for the Water and Sewer Department. Unanimously approved. COMMUNITY DEVELOPMENT BLOCK GRANT - COMPUTERIZED DATA BASE Motion made by Commissioner Wade, seconded by Bowers, to approve Grant Agreement MD -95 -CD -31 for a Community Development Block Grant of $11,000 to provide for a computerized data base of handicapped accessible rental units. Unanimously approved. RESOLUTION - AUTHORIZING LINES OF CREDIT FOR THE WATER & SEWER DEPARTMENT Motion made by Commissioner Bowers, seconded by Downey, to approve a Resolution authorizing lines of credit with The Hagerstown Trust Company for the total amount of $3,850,000. Unanimously approved. (Copy of Resolution attached) PAVING CONTRACT - C. WILLIAM HETZER, INC. Motion made by Commissioner Bowers, seconded by Wade, to approve the contract with C. William Hetzer for paving of up to 26.2 miles of County roads for the amount of up to $882,000. Unanimously approved. SERVICE AGREEMENT - UNIVERSITY OF MARYLAND Motion made by Commissioner Bowers, seconded by Shank, to approve a service agreement for $21,000 with the University of Maryland for planning, coordination, and instruction of a fire and rescue training course for up to 25 individuals in Hagerstown. Unanimously approved. Commissioner Snook was excused from the meeting at this time, and Vice -President Shank assumed the Chair) PUBLIC HEARING - CLOSING OF BEARD'S SPUR The Commissioners convened the public hearing at 10:00 a.m. to hear testimony regarding its intention to permanently close Beard's Spur between Route 62 and Old Forge Road. Gary Rohrer, Chief, Division of Public Works, stated that this portion of roadway is no longer necessary for local traffic, and the State Highway Administration has requested that the County close this section of roadway for safety reasons and so they may provide better signage at this location. Commissioner Shank opened the hearing for public comment. Ron Hutzell spoke in opposition to the proposed road closing and stated that the curve at this location and excessive speed are the problems and not the spur. Motion made by Commissioner Bowers, seconded by Wade, not to close Beard's Spur between Route 62 and Old Forge Road. Unanimously approved. APPROVAL OF LANDFILL GUIDELINES FOR RESIDENTIAL PERMIT HOLDERS Robert Davenport, Director of Solid Waste Management, distributed the revised conditions for use for residential permit holders for the landfill which reflect the changes made at last week's meeting. Mr. Davenport reviewed the changes for allowable waste on a residential permit. After discussion of the list, the Commissioners asked that cardboard be included in the list of recyclables, that language be revised to indicate that permit holders "shall" be expected to utilize proper recycling containers, and to consider mini -vans and station wagons as cars for the purposes of the permits. The Commissioners asked that a press release be provided for all media regarding the guidelines. JULY 11, 1995 MINUTES, CONT'D. Motion made by Commissioner Bowers, seconded by Wade, to approve the conditions for use for residential permit holders for the landfill as presented, with the revisions to include cardboard in the list of recyclables, to change the language to read that permit holders shall be expected to utilize proper recycling containers, and to consider mini -vans and station wagons as cars for permit purposes, with the guidelines to become effective August 1, 1995. Unanimously approved. CITIZEN PARTICIPATION There was no one present who wished to participate at this time. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Downey reminded the Commissioners of the Tri -County Council meeting on July 13. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Bowers, to convene in Closed Session at 10:42 a.m., with regard to personnel matters, to consult with the County Attorney, and to consider businesses relocating in Washington County, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. President Snook returned at 10:53 a.m. and assumed the chair). The Commissioners recessed from 12:11 p.m. to 1:08 p.m. for lunch. RECONVENE IN REGULAR SESSION Motion made by Commissioner Wade, seconded by Downey, to reconvene in Regular Session at 1:28 p.m. Unanimously approved. In Closed Session the Commissioners discussed two (2) personnel matters and consulted with the County Attorney on four (4) matters. YOUNGSTOUN FARMS STORMWATER MANAGEMENT POND Motion made by Commissioner Bowers, seconded by Wade, to approve the negotiated language of the agreement to provide a stormwater management pond and related items needed for Quail Run Development in the Youngstoun Farms area, as presented by the County Engineer. Unanimously approved. DEPARTMENT OF COMMERCE/ECONOMIC DEVELOPMENT ADMINISTRATION GRANT Richard Palmer, Director of the Economic Development Commission, and Robert Arch, Planning Director, informed the Commissioners that, due to the economic impact of the closing of Ft Ritchie, grant funding is available from the Economic Development Administration through Tri -County Council. Mr. Palmer indicated that 4 items were identified: 1) Revolving Loan Fund, 2) Studies, Infrastructure, 3) Incubation, and 4) Networking. Mr. Arch stated that the initial proposal was rejected by Tri -County Council and presented three revisions to the grant. He explained that matching funds of $75,000 are mandatory to utilize the Revolving Loan Fund portion of the grant. After review and discussion, the Commissioners approved submitting the grant application labeled Revision 2 to the Tri -County Council for a grant of $2,000,000. LETTER TO BOARD OF PUBLIC WORKS - POTOMAC EDISON EASEMENT Motion made by Commissioner Shank, seconded by Bowers, to authorize sending a letter to the Board of Public Works to request an easement to allow The Potomac Edison Company to place electric lines across the Agricultural Education Center property. Unanimously approved. ADEQUATE PUBLIC FACILITIES ORDINANCE - APPLICATION TO SCHOOL CAPACITY Robert Arch, Planning Director, reviewed a memorandum regarding the Adequate Public Facilities Ordinance as it applies to school capacity. Mr. Arch stated that the following four areas need to be addressed: 1) school capacity, 2) jurisdiction, 3) exemption revisions, and 4) concurrency application. Mr. Arch explained several methods which could be used to base the impact of developments upon schools. Mr. Arch informed the Commissioners that the Planning Commission will be meeting with Jim Shaw from Frederick County's Planning Department to discuss their impact fee ordinance and invited the Commissioners to attend. Mr. Arch recommended that the committee which will be formed to study impact fees should review this issue, as well as single-family and duplex development, and the need to move toward some type of compliance for other jurisdictions. The JULY 11, 1995 MINUTES, CONT'D. Mr. Arch recommended that the committee which will be formed to study impact fees should review this issue, as well as single-family and duplex development, and the need to move toward some type of compliance for other jurisdictions. The Commissioners asked that he return sometime in September with specific recommendations. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Bowers, to convene in Closed Session at 2:44 p.m., with regard to personnel matters, to consult with the County Attorney, and to consider businesses relocating in Washington County, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Bowers was excused from the Meeting at 3:05 p.m. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Shank, to reconvene in Regular Session at 3:36 p.m. Unanimously approved. In Closed Session the Commissioners discussed three (3) personnel matters, consulted with the County Attorney on three (3) matters, and discussed four (4) businesses considering relocation to Washington County. RECESS The Commissioners recessed at 3:37 p.m. JOINT PUBLIC HEARING WITH HANCOCK MAYOR & COUNCIL - ENTERPRISE ZONE APPLICATION The Hancock Mayor and Council hosted the Commissioners for dinner at Scully's Restaurant in Hancock. A Joint Public Hearing of the Board of County Commissioners of Washington County and the Mayor and Council of the Town of Hancock was convened at the Town Hall in Hancock, Maryland at 7:00 p.m. to hear testimony on the proposed joint application to the Department of Economic and Employment Development for joint Enterprise Zone Application. Presiding at the hearing were County Commissioners' President Gregory I. Snook and Mayor of Hancock, Ralph Wachter. Also present at the hearing were County Commissioners John S. Shank, R. Lee Downey, and James R. Wade, along with Hancock Councilmembers Daniel Murphy, Gloria Sagle, Debra Wheeler, and Stephen Douglas. Beverly Baccala, Economic Development Specialist, presented the joint application for establishment of the Hancock Enterprise Zone, reviewed the criteria for the program, and outlined boundaries of the area to be considered. Ms. Baccala stated that the designation provides tax credits and incentives provided for business providing employment within the enterprise zone. The meeting was then opened for public comment. After hearing all testimony, it was announced that the record will remain open to allow additional testimony to be submitted in writing. The hearing was adjourned at 7:45 p.m. County Administrator County Attorney Clerk