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March 5, 1996
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 Rodney Shoop, County Administrator, followed by
the Pledge of Allegiance to the Flag by the full assemblage.
ZONING ORDINANCE - DISCUSSION OF ELDER CARE FACILITIES
The Commissioners discussed the question of whether senior assisted living
homes are appropriate uses in residential zoning classifications. Richard
Douglas, County Attorney, advised the Commissioners that the Zoning
Administrator's position is that elder care facilities are a principal
permitted use in Rural Residential and Residential Suburban zoning
classifications and do not require a special exception. He cited definitions
contained in the Zoning Ordinance for these uses. Mr. Douglas said that senior
assisted living homes did not exist when the Zoning Ordinance was adopted in
1973. He stated that covenants would have to be enforced by private parties or
they could request an appeal charging administrative error. Commissioner
Bowers stated that he feels this use should be made a special exception.
Motion made by Commissioner Wade, seconded by Bowers, to have the Planning
Director draft language for a text amendment to address the group home issue.
Unanimously approved.
FEBRUARY 1996 YOUTH OF THE MONTH AWARD - MONICA FREEMAN
Commissioner Wade presented a Certificate of Merit to Monica Freeman in
recognition of being selected as the Youth of the Month for February 1996 by
the Washington County Children's Council. Commissioner Wade listed Monica's
activities and accomplishments and commended her for being a superior role
model for all our youth. Monica thanked the Commissioners for the award and
introduced her parents and her grandmother who were in attendance.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Downey commented on the exceptional investment report from Invesco
for the employees' pension plan. Commissioner Shank reported on the meeting
regarding the Sensitive Areas Plan.
REQUEST FOR COMMITTEE TO REVIEW FIRE & RESCUE SERVICES
James Kershner, President of the Washington County Volunteer Fire & Rescue
Association, met with the Commissioners to request that a committee be
appointed to review fire and rescue services in the County. He suggested that
the Association's Executive Committee represent fire and rescue services and
requested that at least one Commissioner serve on the committee. Mr. Kershner
also asked for a written commitment from the Commissioners that they will
follow through with the recommendations presented by the Committee.
Commissioner Snook agreed that the County needs to develop goals for fire and
rescue services and put a plan in place. He asked Mr. Kershner to submit a
letter to him with recommendations on the names of individuals he would like to
serve on the committee to represent fire and rescue services. The
Commissioners will also develop a list of individuals they would see appointed.
Commissioner Snook stated that the Commissioners will try to have the committee
in place within a month.
EMERGENCY SUPPLEMENTAL FUNDING REQUEST - FIRE & RESCUE ASSOCIATION
Jay Grimes, Vice President of the Fire & Rescue Association, and Jerry Reed,
Emergency Services Coordinator, met with the Commissioners to present the
additional information requested by the Commissioners at their February 27
meeting. The Association requested supplemental funding for volunteer fire and
rescue companies due to the expenses incurred because of the January flood.
Mr. Grimes reviewed the information which was submitted to FEMA for
reimbursement. He stated that the total for all companies was $75,318.98 and
includes materials and equipment and manpower at the rate of $5 per hour. Mr.
Grimes requested that the Commissioners consider allowing the companies to
receive a no-interest loan from the Revolving Loan Fund. Mr. Reed suggested
that the County provide an advance on next year's budget, and whatever funding
is received from FEMA would be used to repay the County. The Commissioners
took this under consideration at this time.
MARCH 5, 1996
PAGE TWO
COUNTY STAFF REORGANIZATION
Rodney Shoop, County Administrator, reviewed the organizational chart for
County departments discussed at last week's meeting. Alan Davis, Director of
Human Resources, informed the Commissioners that this plan would save
approximately $73,000 in salaries. The Commissioners discussed the proposal
and agreed to put it in place and to review it again in three months.
Commissioner Bowers stated that he feels that no action should be taken in
regard to the Economic Development Commission until the blue ribbon panel makes
its recommendation.
Motion made by Commissioner Shank, seconded by Wade, to accept the
reorganization of County departments as proposed and to review the status of
the Economic Development Commission as soon as a recommendation is received
from the panel. Commissioner Bowers proposed an amendment to the Motion to
allow Economic Development staff to continue to report directly to the County
Administrator until definitive action is taken. The amendment was accepted and
the main motion, as amended, was unanimously approved.
COUNTY ADMINISTRATOR'S COMMENTS
Mr. Shoop informed the Commissioners that Miss Maryland Scholarship Pageant
officials are requesting that the Commissioners fund transportation service to
shuttle the Miss Maryland contestants between their hotel and the Maryland
Theatre during pageant week. Mr. Shoop recommended using a County Commuter bus
to provide this service and to use the funding budgeted by the Convention &
Visitors Bureau for the Miss Maryland Pageant. He stated that this would cost
approximately $1,200. The Commissioners agreed to Mr. Shoop's proposal and
asked that he contact the CVB to ascertain if they will accept this
recommendation.
BUDGET TRANSFER - ENGINEERING
Motion made by Commissioner Wade, seconded by Bowers, to transfer $5,000 from
the Contingency Fund (01-5-0109-579) to Account 01-5-0164-683-000 in the
Engineering Department to fund the $5,000 shortfall needed to purchase two 4-
wheel drive utility vehicles through the State contract. Unanimously approved.
BUDGET TRANSFER - ENGINEERING
Motion made by Commissioner Downey, seconded by Shank to approve the following
transfers as requested by the Engineering Department for bridge repairs:
Transfer From: 40-5-1320-586-013 - $14,000; 40-5-1320-586-034 - $19,000; 40-5-
1320-586-049 - $10,000; 40-5-1320-586-050 - $29,996.75; 40-5-1320-586-052 -
$73,309.43; 40-5-1320-586-053 - $20,000; and 40-5-1320-586-054 - $15,000.
Transfer To: 40-5-1320-586-001 - $51,306.18; 40-5-1320-586 (Mills Road
Culvert) - $85,000; 40-5-1320-586 (Welty Church Road Culvert) - $25,000; and
40-5-1320-586 (Deneen Road Culvert) - $20,000. Total transfer amount of
$181,306.18. Unanimously approved.
APPOINTMENT - HOUSING AUTHORITY BOARD
Motion made by Commissioner Downey, seconded by Bowers, to appoint Jack Hill,
Jr. to fill the unexpired term of Paul Mellott on the Housing Authority Board
for a term extending to August 1, 1996. Unanimously approved.
APPOINTMENT - BOARD OF ZONING APPEALS ALTERNATE
Motion made by Commissioner Bowers, seconded by Shank, to appoint Ron Jeter as
an Alternate on the Board of Zoning Appeals for a three-year term. Unanimously
approved.
REAPPOINTMENTS - ANTIETAM BATTLEFIELD ADVISORY COMMITTEE
Motion made by Commissioner Bowers, seconded by Shank, to reappoint John
Powell, Samuel Pruett, and Edwin Itnyre to the Antietam Battlefield Advisory
Committee for three-year terms. Unanimously approved.
AGRICULTURAL EDUCATION CENTER ADVISORY COMMITTEE - APPOINTMENTS
Motion made by Commissioner Bowers, seconded by Shank, to appoint Peter Callas
and Richard Kershner to the Agricultural Education Center Advisory Committee
for three year terms. Unanimously approved.
JEFFERSON BOULEVARD SANITARY SEWER - TEMPORARY BILLING AGREEMENT
Motion made by Commissioner Shank, seconded by Bowers, to approve the Temporary
Billing Agreement with the City of Hagerstown establishing a temporary billing
arrangement for the Jefferson Boulevard Sanitary Sewer Project, as presented by
the County Attorney. Unanimously approved.
MARCH 5, 1996
PAGE THREE
HIGHWAY INTERCHANGE STUDY UPDATE
Robert Arch, Director of Planning, provided an update on the Highway
Interchange Study. He discussed Group III, containing the intersections of I-
81/Rt. 40, I-81/Rt. 58, and I-81/Maugansville Road, and Group V which includes
the interchanges at Clear Spring/I-70, Big Pool/I-70, and Hancock/I-70. Mr.
Arch stated that the public hearing should be held in April or May.
RESULTS OF COMPETITIVE SALE FOR PUBLIC IMPROVEMENT BONDS
Paul Heid, Washington County's financial consultant, met with the Commissioners
to review the results of the competitive sale of the 1996 Public Improvements
Bonds. Mr. Heid stated that the low bid from Legg Mason Wood Walker, Inc. at
5.1392% was accepted for the $8 million issue. He provided comparisons of
similar bond issues which went to sale during the same time frame. The
Commissioners thanked Mr. Heid for his presentation.
CITIZENS PARTICIPATION
James Devine expressed his concerns about the political movement of religious
organizations. He also voiced his concerns with regard to ozone depletion.
Donna Anders, Accounting Clerk, introduced her son, Michael, who was
participating in the "Day on the Job" Program through the Board of Education.
(President Snook was excused from the Meeting at 10:30 a.m., and Vice President
Shank assumed the Chair.)
UPDATE ON STATE HIGHWAY ADMINISTRATION PUBLIC HEARING - PROPOSED INTERCHANGE AT
RT. 632/I-70
Robert Arch, Director of Planning, gave an update on the public hearing held on
February 27 on the proposed interchange at Maryland Rt. 632 and Interstate 70.
Mr. Arch stated that the major concerns of the citizens were the traffic
impacts, noise, quality of life, and the neighboring senior citizens housing
development. He said that the County will work with the State Highway
Administration to find a resolution to traffic impact problems. He stated that
the project is now in the engineering/design stage. The State has applied for
a permit from the Federal government for the location of the interchange. Mr.
Arch indicated that the Commissioners, sitting as the Metropolitan Planning
Organization, will also be requested to amend the Transportation Improvement
Program.
OZONE EMISSIONS DISCUSSION
Robert Arch, Director of Planning, distributed information from the
Pennsylvania Department of Transportation regarding the Northeast Ozone
Transportation Region. He stated that the State of Pennsylvania is considering
petitioning the Environmental Protection Agency (EPA) to have 37 counties in
this Region eliminated from the ozone corridor regulations. He stated that the
Clean Air Act Amendments provide a procedure to remove any state or portion of
a state from the region whenever the Administrator has reason to believe it
"will not significantly contribute to the attainment of the standard in any
area in the region." Mr. Arch maintained that Washington County would be in
the same category as the Pennsylvania counties to be eliminated and suggested
that the Commissioners contact State of Maryland officials to request that they
petition to have Washington County eliminated from the Northeast Ozone
Transportation Region. The Commissioners discussed the information and asked
Mr. Arch to contact Allegany and Garrett County officials to see if they would
also be interested in having the State petition for elimination from the
regulations for those counties.
Motion made by Commissioner Bowers, seconded by Wade, to request the State of
Maryland to petition for the removal of Washington County from the Northeast
Ozone Transportation Region regulations. Unanimously approved.
Motion made by Commissioner Bowers, seconded by Downey, to ask the State to
also remove Washington County from the vehicle emissions testing regulations.
Unanimously approved.
PROPOSAL - CATOCTIN ZOO
Mr. Arch informed the Commissions of a recent newspaper article regarding the
problems the Catoctin Zoo is having at its current location and the possibility
that they may relocate. Mr. Arch proposed contacting them to see if they would
be interested in locating on the Agricultural Education Center complex. The
Commissioners directed the staff to contact them to see if they are interested
and to obtain more details regarding their land requirements.
MARCH 5, 1996
PAGE FOUR
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Downey, to convene in Closed
Session at 11:09 a.m., to consider personnel matters and legal matters, in
accordance with Section 10-508 of the State Government Article of the Annotated
Code of Maryland. Unanimously approved.
The Commissioners recessed for lunch from 12:06 p.m. to 1:05 p.m.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Downey, seconded by Bowers, to reconvene in Regular
Session at 1:39 p.m. Unanimously approved.
In Closed Session the Commissioners discussed two (2) personnel matters and
three (3) legal matters, and five (5) economic development/property matters.
MEETINGS SCHEDULED
Mr. Shoop reminded the Commissioners that March 15 is the quarterly staff
meeting at the Washington County Free Library. Mr. Shoop also reminded them
that the computer demonstration by the Board of Education is scheduled for
March 14. The tax rebate meeting with the City of Hagerstown is scheduled for
March 12 at 7 p.m.
MAINTENANCE PERSON III - RECREATION AND PARKS DEPARTMENT
Motion made by Commissioner Bowers, seconded by Downey to upgrade Kenneth
Carrier from Maintenance Person II to Maintenance Person III at the Recreation
and Parks Department to fill an existing vacancy. Unanimously approved.
FIRE AND RESCUE ASSOCIATION - REQUEST FOR EMERGENCY FUNDING
The Commissioners discussed the request made by the Volunteer Fire & Rescue
Association regarding emergency funding for companies due to the unanticipated
costs incurred due to theflood in January. Mr. Shoop advised the
Commissioners that the Gaming Commission will be allocating $123,000 to the
Fire & Rescue Association for distribution to the companies as of March 15. It
was the consensus of the Commissioners to use this allocation as the source for
the additional monies requested by the Association.
DISCUSSION OF FIRE & RESCUE COMMITTEE
The Commissioners discussed the composition of members for the proposed
committee to study fire and rescue issues. They agreed that it should be
determined what issues should be studied. They also decided that goals should
be defined for the committee, as well as standards for training, equipment,
financial accountability, and the possibility of merging both city and county
departments into one organization. The Commissioners asked that Mr. Shoop
contact the City Fire Department to see how that organization is structured.
FY 1997 BUDGET REQUEST - SHERIFF'S DEPARTMENT
Sheriff Charles Mades presented the FY 1997 Sheriff's Department budget as
follows: Judicial - $409,948; Patrol Division - $1,929,927; and Detention
Center - $3,154,164. Sheriff Mades reviewed the significant changes in his
budget.
ADJOURNMENT
Motion made by Commissioner Downey, seconded by Wade, to adjourn at 2:33 p.m.
Unanimously approved.
County Administrator
County Attorney
,
Clerk