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HomeMy WebLinkAbout960312 March 12, 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 Commissioner Wade, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - MARCH 5, 1996 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of March 5, 1996, as submitted. Unanimously approved. APPROVAL OF MINUTES - FEBRUARY 27, 1996 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of February 27, 1996, as submitted. Unanimously approved. INTRODUCTION OF MISS WASHINGTON COUNTY - SUSAN BREAKALL Jan Dorsey, member of the Miss Washington County/Miss Western Maryland Scholarship Pageant Foundation, introduced Susan Breakall who was recently selected as Miss Washington County for 1996. Ms. Breakall provided information about her academic background and on her platform for the pageant. Commissioner Snook wished her the best of luck in the upcoming Miss Maryland Scholarship Pageant. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Snook informed the Commissioners that he received a letter from the Department of the Environment asking if the County wishes to request that MDE hold a public information meeting on the Rockdale quarry operation. Commissioner Wade reminded the Commissioners of the tour of Springfield Middle School and Williamsport High on Thursday. Commissioner Shank reported on the Recreation and Parks Board meeting. Commissioner Downey reported on the Advisory Committee to the Board of Health meeting. Commissioner Bowers provided an update on the LRA Executive Committee meeting at Ft. Ritchie. The Commissioners agreed to hold a workshop on March 21 regarding water and sewer issues. Rodney Shoop, County Administrator, announced that a public information meeting will be held on water and sewer rate increases on April 3 at 7:00 p.m. in the Kepler Theatre at Hagerstown Junior College. BID AWARD - FENCING MATERIALS - PINESBURG SOFTBALL FIELD COMPLEX Motion made by Commissioner Bowers, seconded by Shank, to award the bid for fencing materials for the Pinesburg Softball Field Complex to Cyclone Fence who submitted the low bid of $26,981.31. Unanimously approved. BID AWARD - GIS WORKSTATION AND COLOR PLOTTER - PLANNING DEPARTMENT Motion made by Commissioner Shank, seconded by Bowers, to award the contract for GIS software and workstation to Environmental Systems Research Institute, in the amount of $33,650, for the Planning Department under the sole source procurement provisions, and to award the bid for the color plotter (Option 2) to Sylvest Management Systems Corporation (SMSC) who submitted the low bid of $6,387.70 and to reject the bid of SMSC for Options 1 and 3. Unanimously approved.* (* Minutes amended April 9, 1996.) CONTRACT RENEWAL - LEACHATE HAULING FROM COUNTY LANDFILL Motion made by Commissioner Shank, seconded by Wade, to renew the contract awarded on March 14, 1995, to Gerald Taylor Co., Inc. for leachate hauling from the County landfill at the following rates per gallon: (A) $.01410 and (B) $.02250. Unanimously approved. UPDATE - POSSIBLE RELOCATION OF CATOCTIN MOUNTAIN ZOO Robert Arch, Director of Planning, informed the Commissioners that he spoke with a member of the Catoctin Mountain Zoological Society regarding the possible relocation of the zoo to Washington County. Mr. Arch stated that he will show them the Agricultural Education Center property. The Executive Director is scheduled to meet with the Commissioners next Tuesday to discuss what they would need to develop the Catoctin Zoo in the County. ADMINISTRATOR'S COMMENTS Mr. Shoop informed the Commissioners that the Delegation to the General Assembly will be meeting with the residents of Towne Oak Village on March 16 to discuss the interchange project at I-70 and Md. Rt. 632. MARCH 12, 1996 PAGE TWO Mr. Shoop reminded the Commissioners of the video tele-conference with the Delegation at Frostburg State University at 8:30 a.m. on March 13 to discuss the proposed privatization of the Economic Development Commission. Commissioner Shank agreed to represent the Commissioners at a Step 3 grievance hearing on Wednesday, March 13. HOUSING PRESERVATION GRANT APPLICATION Motion made by Commissioner Bowers, seconded by Shank, to approve submittal of an application for a Housing Preservation Grant to the Farmers Home Administration, Rural Housing Services, for the amount of $75,000. Unanimously approved. PUBLIC HEARING - METROPOLITAN PLANNING ORGANIZATION - AMENDMENT TO THE TRANSPORTATION IMPROVEMENT PROGRAM Motion made by Commissioner Wade, seconded by Bowers, to meet sitting as the Metropolitan Planning Organization at 9:50 a.m. Unanimously approved. The Commissioners met, sitting as the Metropolitan Planning Organization in order to consider amendments to the 1996-98 Transportation Improvement Program for the Hagerstown Urbanized Area. Robert Arch, Director of the Planning & Community Development, reviewed the proposed amendments identified by the Maryland Department of Transportation. Mr. Arch stated that the three amendments to the TIP are as follows: 1) add $200,000 for right-of-way acquisition for the I-8l/Halfway Boulevard interchange reconstruction project; 2) add $1,250,000 for preliminary engineering in FY 1996 $1,100,000 for right- of-way acquisition in FY 1997, and $10,600,000 for construction after 1998 for the I/70/MD 632 interchange project; and 3) deletion of funding for the Price's Bridge project in the TIP. The Meeting was then opened for public comment. No one spoke in favor of or in opposition to the proposed amendments. Motion made by Commissioner Wade, seconded by Bowers, sitting as the Metropolitan Planning Organization, to approve the amendments to the 1996-98 Transportation Improvement Program for the Hagerstown Urbanized Area as submitted by the State Department of Transportation. Unanimously approved. MISS WASHINGTON COUNTY PAGEANT - COUNTY FUNDING The Commissioners discussed their participation in the funding of the Miss Washington County Pageant. After discussion, it was the consensus of the Commissioners to fund the rental costs of the Kepler Theatre for the 1996 Miss Washington County Pageant as they have done for the pageant in past years. They did not approve funding for a scholarship for the 1995 pageant or 1996 pageant. VEHICLE POLICY AMENDMENT - USE OF OFFICIAL CARS & EQUIPMENT Alan Davis, Director of Human Resources, presented proposed amendments to the Vehicle Policy addressing assigned vehicles which are taken home by County employees. Mr. Davis reviewed the amendments and stated that a survey form has been sent out to all employees who have an assigned vehicle and who commute from their homes to determine which vehicles should be eliminated. Mr. Davis informed the Commissioners that the amendment provides that employees who reside in excess of twenty miles from their regularly assigned office location may not take their vehicles home. He also provided a list of vehicles which are assigned to County departments. The Commissioners directed Mr. Davis to proceed with the questionnaire and to return in two weeks with a final recommendation. CITIZENS PARTICIPATION Ronald Stansbury, Convention & Visitors Bureau member, stated that the Bureau feels that the Prime Retail outlet mall will attract visitors to the area. Pam Schnebly, representing the Farm Bureau Women, reminded the Commissioners that next week is National Agriculture Week. SENIOR ASSISTED LIVING HOMES Richard Douglas, County Attorney, advised the Commissioners that he is researching the zoning regulations that other jurisdictions have in place concerning senior assisted living homes and what amendments are necessary in order to change the Zoning Ordinance. The Commissioners discussed the possibility of changing the procedures to offer opportunities to appeal a decision. Mr. Douglas stated that he will soon have a recommendation for the Commissioners' review. MARCH 12, 1996 PAGE THREE RZ-95-08 - PRIME RETAIL REZONING REQUEST - CONSIDERATION OF PROCEDURES Commissioner Snook stated that he received a letter from William Wantz requesting that the Prime Retail rezoning (RZ-95-08) hearing be reopened. Commissioner Snook agreed to allow five minutes for the attorneys representing both sides to present their arguments and the Commissioners will decide if they will proceed in making a decision on this case today, as scheduled. Mr. Wantz said that the parties he represents are concerned regarding the issue of the traffic use and impact. He stated that the State Highway Administration's comments had not been received at the time of the public hearing and its response was not received until after the ten (10) day period for public comment and testimony. He stated that other letters were received which he feels are relevant and may have an impact on the property owners which should be heard in public session. Commissioner Snook noted that the Commissioners are not considering any type of condemnation proceedings on any properties in that area. Robert Arch, Director of Planning & Community Development, stated that in the case of Prime Retail the Planning Commission's decision was not associated with the traffic study because the applicant did not base his request on a change in the character of the neighborhood. The major issue was if the classification requested was more appropriate and logical for the subject property. He stated that the Planning Commission included the traffic study information in the final decision to indicate that what was presented by the applicant will not be sufficient for the site plan process. He stated that the Planning Commission would consider the traffic impact data and comments during the site plan review. Mr. Wantz that he feels this has to be taken into consideration and the public was unable to comment on the submissions. John Urner, the attorney representing the applicant, stated that he does not believe that the information referred to by Mr. Wantz is a part of the record and that none of the material submitted after the ten day period should be addressed. He stated that he has taken the position that traffic problems were not a matter to be considered now but should be addressed during the site plan review process. He also indicated that the final site plan may be different than the concept plan submitted during the hearing and the applicant may submit a totally different traffic study at that time. Mr. Urner asked the Commissioners not to lose sight of the fact that this is a rezoning based on a mistake in the original zoning. He stated that traffic problems at this location are a "given" and those points were made at the public hearing. He asked that the Commissioners not reopen the matter which would extend the rezoning another 5-6 months. Mr. Wantz stated that the staff report incorporates by reference the State Highway Report and indicates that other attachments were made a part of the report. Mr. Arch asked that a decision be made to determine at what point the agencies commenting on the cases are no longer considered part of the "staff" for staff report purposes. The Commissioners discussed the information presented, and Commissioner Shank asked that a method be adopted to determine the procedure used for accepting comments from reviewing agencies. Motion made by Commissioner Bowers, seconded by Wade, to deny the request to reopen Rezoning Case RZ-95-08 as requested by William Wantz. Unanimously approved. The Commissioners postponed making a decision on RZ-95-08 to allow the County Attorney to determine what information was submitted beyond the 10 day period and should not be considered in the rezoning case. CITIZENS PARTICIPATION (CONTINUED) Donald Allensworth sated that he presented testimony in regarding the proposed exemption of commercial/industrial land from the Forest Conservation Act requirements. RECESS - LUNCH The Commissioners recessed at 11:25 a.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:17 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. MARCH 12, 1996 PAGE FOUR CONVENE IN CLOSED SESSION Motion made by Commissioner Shank, seconded by Downey, to convene in Closed Session at 1:17 p.m., to consider personnel matters, 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 Shank, seconded by Downey, to reconvene in Regular Session at 2:09 p.m. Unanimously approved. In Closed Session the Commissioners discussed six (6) personnel matters. APPROVAL TO FILL POSITIONS - COUNTY COMMUTER, WATER & SEWER DEPARTMENT AND PART-TIME CUSTODIAN Motion made by Commissioner Downey, seconded by Shank, to approve the following personnel matters: Transit Manager - to employ Kevin Cerrone as Transit Manager to fill an existing vacancy; Laborer I - Water & Sewer Department - to employ Thomas Grosh as Laborer I at the Water & Sewer Department to fill an existing vacancy; and Part-time Relief Custodian - to employ Mary Rubino as Part-time Relief Custodian to fill an existing vacancy. Unanimously approved. CAPITAL IMPROVEMENT PROGRAM BUDGET REQUEST - DRAFT #1 Debra Bastian, Director of Finance, and Robert Arch, Director of Planning & Community Development, presented Draft #1 of the proposed Capital Improvement Program (CIP) budget request for FY 1997-2002. Ms. Bastian and Mr. Arch reviewed the category summary and the projects listed by line item. (Commissioner Bowers was excused from the meeting at 2:49 p.m.) Ms. Bastian stated that the total of Draft #1 is $18,251,970 which includes a General Fund contribution of $204,500. She indicated that approximately $940,000 must be cut to meet the targeted bond issuance at this time. RECESS The Commissioners recessed at 4:06 p.m. EVENING SESSION - CITY OF HAGERSTOWN Commissioners Gregory Snook, John Shank, Ronald L. Bowers, R. Lee Downey, and James Wade met at 6:00 p.m. with Hagerstown Mayor Steven Sager and Councilmembers William Breichner, Susan Saum-Wicklein, Mark Jameson, Fred Kramer and Lewis Metzner at Hagerstown City Hall. Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax rebate program. He stated that the City of Hagerstown will receive $628,644 for 1995, and is projected to receive $676,624 for 1996. He reviewed the figures used in the formula to calculate the tax rebate amounts. The group briefly discussed the current tax differential agreement and the possibility of reviewing it to see if it should be updated. The subject of communications between the two groups was discussed and it was agreed to try to keep each other better informed in the future. Fire & Rescue Issues Mayor Sager stated that the City is willing to discuss fire and rescue issues with the County Commissioners. He suggested that they start in the area of communications equipment and dispatching. Commissioner Snook informed City officials that the Volunteer Fire & Rescue Association approached the Commissioners to help resolve some of the difficulties with funding, manpower, and training. He stated that the Commissioners have agreed to form a committee to examine these issues and make recommendations, and they would like the City to be a part of this group. Commissioner Bowers stated that he feels that developing a set of standards for equipment and training should also be included as a topic of discussion for the committee. Commissioner Snook asked to have Hagerstown's Fire Chief explain how the City's paid and volunteer fire companies operate. Mayor Sager agreed to appoint a representative from the City to this committee. Commissioner Wade stated that he feels the City and County need a more unified approach to public safety to help lower costs to the taxpayers. Economic Development Commission Commissioner Snook indicated that the Commissioners are waiting form recommendations from the blue-ribbon panel appointed to consider the privatization of the Economic Development Department. He stated that the County is considering MARCH 12, 1996 PAGE FIVE some type of public/private alliance to perform economic development functions. He stated that the Commissioners have requested broad-based enabling legislation from the Delegation to the General Assembly to enable them to make changes without waiting until the l997 legislative session. Tourism Mayor Sager stated that they feel the visions and goals of the Convention and Visitors Bureau (CVB) need to be reconsidered. Councilmember Susan Saum- Wicklein said that there are basic issues with the structure of the organization which will take the cooperative efforts of both groups to change. She explained the one-half percent increase in the hotel/motel tax they have requested for a one-year period which will be used to launch a Civil War promotion. She indicated that the Delegation feels that the CVB should put at least $55,000 into this program from the hotel/motel tax. Mayor Sager asked if the County Commissioners would support the City's request for this program. Commissioner Snook stated that the Commissioners feel this is an inappropriate funding mandate. After discussions regarding this matter, it was agreed that a committee would be appointed to resolve the issue. Four Year College The need for a four year college was discussed as well as the City's concerns that this concept may compete with FSU and their downtown goals. Commissioner Wade stated that he feels there is a need for a full-scale four year college in Hagerstown. Commissioner Snook agreed and stated that Frostburg State University may be able to develop a reciprocal agreement with Hagerstown Junior College to allow maximum use of both colleges. Water & Sewer Issues Mayor Sager informed the Commissioners of problems they have had with grinder pumps in the Fairway Meadows subdivisions. He stated that the City is going to ban grinder pumps in new developments. Mayor Sager stated that it is unfair to subsidize the Water & Sewer Department with County General Fund monies since the Water & Sewer Department does not serve City residents. The Commissioners agreed to have the County Attorney review this issue. After discussion of the problems, Councilmember Lewis Metzner stated that it is not the intention of the City Council to try to magnify the problems and that there may be a way to resolve the problems. Program Open Space Funds Mayor Sager stated that he doesn't feel the City of Hagerstown receives a fair share of the Program Open Space monies. Commissioner Downey stated that the Commissioners will review this and see if the City is scheduled to receive funding for some of their projects. Commissioner Snook explained that the County has asked the State Department of Natural Resources to allow more flexibility to permit the County to use a portion of the acquisition money in the County's POS funds for development of parks. Municipal Stadium Commissioner Snook stated that he doesn't feel the County can include funding in its budget for upgrades to Municipal Stadium at this time due to funding priorities. Mr. Rohrer stated that the large majority of projects in the CIP budget are public safety items. Commissioner Snook agreed to participate on the committee for the stadium improvements. Commissioner Wade was excused from the Meeting at 7:25 p.m. Recycling Mayor Sager informed the Commissioners of problems they are experiencing with the pick-up and recycling of yard waste. He stated that due to the costs involve, the City may switch to picking up trash once a week and yard waste once a week. He asked if the County would consider allowing residents to place yard waste in plastic bags rather than paper bags. Commissioner Snook said that he would check into the costs involved in having a prison crew work with this program. Councilmember William Breichner expressed his appreciation to the County for Ted Wolford's cooperation with the bus system and to the Water & Sewer Department for their help during the City's water crisis. He asked that the County consider closing Warner Hollow Road rather than spending additional monies to upgrade it near the Edgemont Reservoir. MARCH 12, 1996 PAGE SIX ADJOURNMENT Motion made by Commissioner Downey, seconded by Shank, to adjourn at 7:45 p.m. Unanimously approved. County Administrator County Attorney , Clerk