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HomeMy WebLinkAbout950829August 29, 1995 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 2:30 p.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. CERTIFICATE OF APPRECIATION - ROBERT GRAFF Commissioner Snook presented a Certificate of Appreciation to Robert Graff, Facilities Administrator, from Fred Goodenough of the Department of Defense, for the outstanding support Mr. Graff provided during the 1996 Presidential Candidate Protective Communications Support Training. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Wade, to convene in Closed Session at 2:30 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 Downey was excused at 4:06 p.m. and returned to the Meeting at 5:13 p.m. RECONVENE IN REGULAR SESSION Motion made by Commissioner Wade, seconded by Shank, to reconvene in Regular Session at 6:09 p.m. Unanimously approved. In Closed Session the Commissioners discussed three (3) personnel matters, discussed three (3) property matters, and consulted with the County Attorney on two (2) matters. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - AUGUST 22 AND 24, 1995 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of August 22 and 24, 1995, as corrected. Unanimously approved. REZONING TEXT AMENDMENT - CASE RZ-94-08 Motion made by Commissioner Shank, seconded by Wade, to approve Rezoning Text Amendment RZ-94-08, which adds language to the Zoning Ordinance regarding special exceptions for utilities. Unanimously approved. (Copy of Resolution attached.) PRICE'S BRIDGE PROJECT Rodney Shoop, County Administrator, advised the Commissioners of the information obtained at a meeting last week with Grant Dehart, Director of the Program Open Space Program, to discuss alternatives to funding the rehabilitation of Price's Bridge. Mr. Shoop stated that the staff has estimated the cost for the bridge to be $350,000. Gary Rohrer, Director of Public Works, stated that $110,000 in ISTEA funds are available but this will require a matching amount from the County. Robert Arch, Planning Director, indicated that if the County can identify a project that meets POS requirements, it would free funding for the Price's Bridge project. He stated that the land the County is considering purchasing with General Fund monies could be purchased with POS funds if the Commissioners wish to put a park or greenway area there, and that would free up the General Fund or bond monies for the matching funds for Price's Bridge. The Commissioners discussed the information and asked Mr. Shoop to obtain additional information and cost figures for their consideration at next week's meeting. ADEQUATE PUBLIC FACILITIES ORDINANCE - AMENDMENTS Motion made by Commissioner Wade, seconded by Bowers, to approve the amendments to the Adequate Public Facilities Ordinance, as submitted by the Planning Commission, to repeal and reenact Sections. 4.2 - New Public Roads, 4.3 - Existing Public Roads, and 4.4 - Roads Determined Inadequate. Unanimously approved. (Copy of Amendments attached.) SENSITIVE AREA ELEMENT COMPREHENSIVE PLAN AMENDMENT Robert Arch, Director of Planning, and Steve Goodrich, Senior Planner, presented the proposed Sensitive Area Element Comprehensive Plan Amendment which, if approved by the Commissioners, will be taken to public hearing. Mr. Goodrich briefly explained the Sensitive Area Element and the 7 Visions which are required AUGUST 29, 1995 MINUTES, CONT'D. amendments to the Comprehensive Plan by the Planning Act of 1992. The Commissioners discussed the amendment and agreed to hold a joint public hearing with the Planning Commission on October 2. The Commissioners also asked Mr. Goodrich to be sure the proposed Amendment is distributed to interested groups in the County for their review. PUBLIC HEARING - METROPOLITAN PLANNING ORGANIZATION - TRANSPORTATION IMPROVEMENT PROGRAM 1996-98 The Commissioners met sitting as the Metropolitan Planning Organization at 7:23 p.m. in order to consider amendments to the 1996-98 Transportation Improvement Program for the Hagerstown Urbanized Area. Robert Arch, Director of the Planning Department, reviewed the proposed projects identified by the Department of Transportation and the amount of funds encumbered for the project. The Meeting was then opened for public comment. Charles Shindle had several questions regarding the projects. Motion made by Commissioner Bowers, seconded by Shank, sitting as the Metropolitan Planning Organization, to approve the 1996-98 Transportation Improvement Program for the Hagerstown Urbanized Area as submitted by the State Department of Transportation. Unanimously approved. Motion made by Commissioner Bowers, seconded by Downey, to submit a letter to the State Secretary of Transportation formally going on record in support of the construction of an interchange at Maryland Rt. 632 and Interstate 70. Unanimously approved. TIMBER BRIDGE DEDICATION The Commissioner agreed to schedule the ribbon -cutting and dedication of the new Timber Bridge on September 21 at 2:00 p.m. TOUR OF FT. RITCHIE The Commissioners scheduled the tour of Ft. Ritchie for September 28 at 9:00 a.m. REQUEST TO WAIVER PERMIT FEES The Commissioners considered the request from the Volunteer Fire Company of Halfway to waive the fee for sewer hook-up for their new facility and decided not to waive this fee. ADVERTISE POSITION ACCOUNTING & BUDGET SPECIALIST The Commissioners agreed to advertise in house to fill the Accounting and Budget Specialist position in the Housing and Community Development Office due to the retirement of Patsy Shank. WATER & SEWER DEPARTMENT VACANCIES Motion made by Commissioner Bowers, seconded by Wade, to fill the following vacancies at the Water & Sewer Department: Promote Kevin Mackereth from Operator I to Collection & Distribution Systems Operator I and employ William Hornbarger II as Operator I. Unanimously approved. EMPLOY SECRETARY I/FLOATER The Commissioners discussed the recommendations for the position of Secretary I/Floater. Motion made by Commissioner Shank, seconded by Bowers, to promote Regina Paylor from Part-time Reports Clerk at the County Commuter to the Secretary I/Floater position, and to reexamine the matter if the second choice is in a position at the Water and Sewer Department which may be eliminated. Unanimously approved. Motion made by Commissioner Bowers, seconded by Wade, to authorize filling the Part-time Reports Clerk position at the County Commuter, which is 100% grant funded, for the duration of the grant. Unanimously approved. PROPOSED ORDINANCE - HEALTH DEPARTMENT The Commissioners agreed to hold a public hearing regarding the request from the Washington County Health Department for authorization to use Washington County's procurement system rather than the State system. Mr. France explained that legislation was passed during the last session of the General Assembly which allows the Health Department to make this shift. AUGUST 29, 1995 MINUTES, CONT'D. ADVERTISE FOR PUBLIC HEARING - BINGO OPERATIONS Mr. France presented two scenarios devised by the Permits Director for methods to tax "for profit" bingo operations, based on a square footage basis or on an occupant load basis. Mr. France stated that the recent legislation allows the County to impose a tax of up to $5,000 on commercial bingo operations. The Com- missioners agreed to advertise both methods for consideration at a public hearing. REVIEW OF MEETING IN SMITHSBURG Mr. Shoop summarized the topics discussed at the recent meeting he attended in Smithsburg. He stated that the Director of Public Works and Director of Solid Waste Management also attended since the main topic was the Greensburg Transfer Station and the new landfill regulations. GAMING COMMISSION - UPDATE Kathleen Riley, Director of Citizens Services, and Kathy Sterling, Gaming Commission Coordinator, met with the Commissioners along with Gaming Commission members Bill Feuerstein, Stu Mullendore, Paul Muldowney, and Dick Long. Ms. Sterling stated that she has received a total of $30,308 from licenses, $34,414 from sticker fees, and $54,855 deposited into the General Fund for the month of July. She estimated that for a six-week period the profit was $2,380,000 from tip jar operations and provided examples from the reports submitted from volunteer fire and rescue companies and taverns. Ms. Sterling stated that 7 wholesalers are licensed, 102 operators, and 30 temporary licenses have been issued. Ms. Riley stated that additional computer support is needed as soon as possible so they don't fall behind in generating necessary reports. The Commissioners discussed the report and had several questions regarding the system. CITIZEN PARTICIPATION Jay Grimes, Volunteer Fire & Rescue Association, directed several questions for Gaming Commission members regarding the reporting mechanism. Eric Whitenton from the Catoctin Sierra Club, informed the Commissioners that he is running a computer bulletin board service and asked the County to consider participating. Joe Swope, representing the Catoctin Sierra Club, asked the Commissioners to support the designation of the Sideling Hill area as a wildlands area by the Department of Natural Resources. The Commissioners took this under consideration and stated that they will have the Planning staff review this matter. Mr. Swope also asked the Commissioners to send a letter of support to the National Park Service who is considering downsizing or closing some of its parks. Willie Miller informed the Commissioners of problems on Corbett Street and asked that the County either upgrade the Street or enforce no parking on the street. The Commissioners indicated that they feel it is an enforcement matter and will have the Sheriff's Department look into the problem. LETTER OF CREDIT - NORTH VILLAGE Motion made by Commissioner Wade, seconded by Shank, to approve the Performance Bond in the form of a Letter of Credit from Jimmy W. Hinkle in the amount of 56,000 to guarantee the completion of several streets in the North Village Subdivision. Unanimously approved. LANDIS ROAD - DRAINAGE AND IMPROVEMENT PROJECT Motion made by Commissioner Shank, seconded by Bowers, to accept dedication from plats 495-B, 495-B-1, and #1946 to provide the County with a 30' right-of-way for the drainage and improvement project and 10' drainage easement on Landis Road from Day Road to Queen Anne Court. Unanimously approved. RESCUE COMPANY 28 - RIGHT-OF-WAY AGREEMENT Motion made by Commissioner Bowers, seconded by Wade, to approve the new right-of- way agreement with David A. Early to provide Rescue Company 28 at 630 Frederick Street with the needed right-of-way. Unanimously approved. DEED ACCEPTANCE - WAGAMAN ROAD Motion made by Commissioner Downey, seconded by Bowers, to accept the deed from Jeffrey D. Forsythe to Washington County for 1,062 square feet to provide the right-of-way for the entrance to the subdivision on Wagaman Road. Motion carried AUGUST 29, 1995 MINUTES, CONT'D. with Commissioners Downey, Bowers, Wade, and Snook voting "AYE" and Commissioner Shank "ABSTAINING". FIRE & RESCUE BOUNDARY ISSUES Jerry Reed, Fire & Rescue Coordinator, and Jay Grimes, Volunteer Fire & Rescue Association, met with the Commissioners regarding boundary issues. Mr. Grimes stated that the Association's membership voted to accept the disputed boundary between the Volunteer Fire Company of Halfway and the Williamsport Ambulance Company. He stated that the boundaries will have to be approved by the Commissioners and a public hearing will have to be scheduled. Mr. Grimes reviewed the criteria used. He stated that Mr. Reed ran the original boundaries and they were rechecked and verified and notarized. Mr. Grimes reviewed the service areas for Williamsport Ambulance and the boundaries the company had originally. The Commissioners agreed to hold a public hearing on September 12. Mr. Grimes then reviewed the Length of Service Awards Program (LOSAP) and asked the Commissioners to accept the program and they will come back with the number of people who would qualify. Mr. Grimes reviewed the proposal and the point system. The Commissioners requested that Mr. Grimes send them a copy of the new tax law. After discussion, the Commissioners took this under consideration and agreed to discuss the LOSAP Program at next week's meeting after further review. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in Closed Session at 9:16 p.m., to consult with the County Attorney, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Bowers, to reconvene in Regular Session at 9:28 p.m. Unanimously approved. In Closed Session the Commissioners consulted with the County Attorney on two (2) matters. r v rt•i:r Mw Motion made by Commissioner Shank, seconded by Wade, to adjourn at 9:29 p.m. Unanimously approved. County Administrator County Attorney Clerk