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April 9, 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 Snook, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES - MARCH 26, 1996
Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes
of March 26, 1996, as submitted. Unanimously approved.
MARCH 1996 YOUTH OF THE MONTH AWARD - R. KYLE BIVENS
Commissioner Snook presented a Certificate of Merit to Kyle Bivens in
recognition of his selection as the Youth of the Month for March 1996 by the
Washington County Children's Council. Commissioner Snook listed Kyle's
activities and accomplishments and commended him for being a superior role
model for all our youth. Kyle thanked the Commissioners for the award and
introduced his mother and youth minister who were in attendance.
COMMISSIONERS' REPORTS AND COMMENTS
The Commissioners proposed having one display at the Maryland Association of
Counties Summer Conference in cooperation with Allegany, Garrett, and Frederick
Counties. Commissioner Shank had several comments with regard to the public
information meeting on water and sewer and stated that he would like the
Commissioners to consider forming a task force, establishing a base rate, and
reducing the proposed reserves. Commissioner Bowers reported on the LRA
Executive Council meeting. He indicated that he would like to have a legal
review of BRAC requirements. Commissioner Downey reported on the Advisory
Commission to the Board of Health meeting and on the public information meeting
on the Highway Interchange Rezoning. With regard to the water and sewer rates,
he stated that he feels there is a need to establish a base rate for those who
conserve. Commissioner Downey also suggested that districts with large
increases be phased in over a 2-3 year period. The Commissioners also
discussed the gaming legislation amendments which were approved with the
inclusion of a provision that the County continue to fund non-profit agencies
at their current level of funding. Commissioner Wade stated that the State
Legislature should not dictate to the County how it spends Washington County
taxpayers' money and that the County should take a stand against this unfunded
mandate.
APRIL 9, 1996
PAGE TWO
Commissioner Shank was excused from the meeting at this time.
AIRPORT MUSEUM PROPOSAL/FIRE STATION UPDATE
Brandon Taksa, Operations Manager at the Washington County Regional Airport,
met with the Commissioners to provide information and a mission statement for
the proposed establishment of an aviation heritage museum. Mr. Taksa stated
that, due to the success of the air show and Fairchild reunion last year,
interest has been expressed by an ad hoc committee in establishing a permanent
place to display artifacts and memorabilia which would be housed at a site at
the Washington County Regional Airport. He distributed a map of the area
showing the proposed location for the museum at the intersection of U.S. Route
11 and Terminal Drive. The group, which will be known as the Hagerstown
Aviation Heritage Museum Ad Hoc Committee, is asking the County to donate the
land for the museum. They will then construct and operate the museum using
private donations. The Commissioners discussed the proposal and gave their
authorization to proceed, with the stipulation that no general fund monies be
used for the project. The Commissioners also asked to review the follow-up
plan when available.
Carolyn Motz, Regional Airport Manager, provided an update on the plan to
locate a fire station at the Regional Airport. Ms. Motz explained that the FAA
has indicated that they feel it is a necessity to have a station at this site
due to regulations requiring a three-minute response time. She informed them
that a new company, which has provided a letter of intent to relocate at the
Airport in the next few months, also requires that emergency services be
provided because of their contracts with the Department of Defense. Ms. Motz
stated that the staff and Airport Commission will meet with the Commissioners
in the near future with solutions to include an upgrade of emergency services
at the airport.
EMERGENCY SERVICES COUNCIL
The Commissioners announced the names of the individuals they will ask to serve
on the Emergency Services Council. They are as follows: Jimmy Black, James
Baker, Jason Baer, Harold Boyer, Bridgitte Heller, John Hershey III, Lawrence
Johns, Ray Linebaugh, and Charles Shindle. The Commissioners agreed to meet
with this group to provide a mission statement and goals, as well as a time
frame for them. James Kershner, President of the Washington County Volunteer
Fire & Rescue Association, asked the Commissioners to come to their next
meeting in order to get the Association's backing for the group as proposed by
the Commissioners. Commissioner Downey agreed to serve as the Commissioners'
representative on this committee.
BID AWARD CANCELLATION REQUEST - GIS COLOR PLOTTER AND CORRECTION OF MARCH 12
MINUTES
Karen Luther, Purchasing Agent, informed the Commissioners that she was
contacted by the Sylvest sales representative following the Commissioners' bid
award to them for a color plotter for the Planning Department. She stated that
Sylvest had erred in its bid submittal and are requesting that their bid be
withdrawn. Ms. Luther verified with the only other bidder, Cad One, Inc., that
its bid is correct and has the required 20MB of memory. Ms. Luther recommended
that the Commissioners accept Sylvest's bid withdrawal and award the bid for
the color plotter to Cad One, Inc.
Motion made by Commissioner Wade, seconded by Downey, to accept the bid
withdrawal of Sylvest Management Systems, Inc. due to an error in their bid
submittal and to award the bid for the GIS Color Plotter to Cad One, Inc., in
the amount of $6,645, and to correct the minutes of March 12, 1996 to reflect
the decisions made regarding the bid at that time. Unanimously approved.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that the next
Western Maryland Commissioners Meeting will be held on April 26 in Frederick at
Winchester Hall. The Commissioners asked that the following topics be included
on the agenda: water and sewer rates, landfill follow-up discussion, update on
Ft. Ritchie, a possible regional approach to tourism, and an update on the
changes made to Frederick County's Department of Economic and Community
Development.
Mr. Shoop informed the Commissioners that the budget hearing has been
rescheduled for May 7 in the Kepler Theater at Hagerstown Junior College.
Mr. Shoop also reported on the legislative requests and the increase in the
highway user fund which will take effect in Fiscal Year 1998.
APRIL 9, 1996
PAGE THREE
PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS
The Commissioners convened the public hearing to consider applications AD-95-06
and AD-95-07 both submitted by Harold and Sharon Carbaugh for the establishment
of Agricultural Land Preservation Districts. Eric Seifarth, Associate Planner
- Agriculture, reviewed the applications and stated that they have been
approved by the Agricultural Land Preservation Advisory Board and that the
Planning Commission found it to be consistent with the Comprehensive Plan. No
one was present to speak in favor of or in opposition to the proposed
application.
Motion made by Commissioner Bowers, seconded by Wade, to approve applications
AD-95-06 and AD-95-07 submitted by Harold and Sharon Carbaugh for establishment
of the Agricultural Land Preservation Districts as presented. Unanimously
approved.
CITIZENS PARTICIPATION
Ronald Hovis asked the Commissioners to consider other options for the disposal
and pick-up of yard waste. He asked that they consider taking yard waste free
of for charge one day during the spring and fall.
Will Seilhamer, President of Associated Builders & Contractors, expressed his
concerns regarding the Board of Education's decision to discontinue the School-
to-Work Program. Mr. Seilhamer also spoke in support of Clean Rock Industries
and encouraged the Commissioners to pass a zoning text clarifying the County's
position so this will not happen again in the future. Mike Callas also spoke
in support of Clean Rock Industries.
Susie Smith provided information on the State permit required by Clean Rock
Industries and asked the Commissioners to take a second look at the March 5
letter sent to the Department of the Environment regarding Clean Rock.
Donald Allensworth spoke to the Commissioners regarding the increase in the
hotel/motel tax recently approved by the State legislature.
Vince Dellaposta, President of Word Processing Services, spoke in support of
Clean Rock Industries. He stated he feels Clean Rock is being harassed by
local individuals. Commissioner Snook read the Commissioners' letter of March
5 to the Maryland Department of the Environment stating that Clean Rock
complies with the County's Solid Waste Plan.
HOUSING COUNSELOR PROGRAM - CONTRACT RENEWAL
Motion made by Commissioner Bowers, seconded by Downey, to approve the
application to renew the contract for the Housing Counselor Program for a three
year period with the Department of Human Resources and designated Community
Action Council as the designated recipient. Unanimously approved.
APPOINTMENT - AGRICULTURAL LAND PRESERVATION ADVISORY BOARD
Motion made by Commissioner Bowers, seconded by Wade, to appoint Priscilla
Harsh and Helen Main to the Agricultural Land Preservation Advisory Board for
three year terms. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Downey, seconded by Wade, to convene in Closed
Session at 11:01 a.m., to consider personnel matters, to consult with counsel
regarding legal issues, and to consider businesses relocating to Washington
County, in accordance with Section 10-508 of the State Government Article of
the Annotated Code of Maryland. Unanimously approved.
The Commissioners recessed from 11:32 a.m. to 1:32 p.m. for lunch at Headstart
and a tour of the Martin Luther King Center.
Commissioner Shank returned to the meeting at 1:32 p.m.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Wade, seconded by Shank, to reconvene in Regular
Session at 1:59 p.m. Unanimously approved.
In Closed Session the Commissioners discussed five (5) personnel matters, one
(1) legal matter, and one (1) economic development matter.
APRIL 9, 1996
PAGE FOUR
SOLID WASTE ADVISORY COMMITTEE - REAPPOINTMENTS
Motion made by Commissioner Shank, seconded by Bowers, to reappoint John
Clopper and Harry Reynolds to the Solid Waste Advisory Committee for three year
terms. Unanimously approved.
BOARD OF ZONING APPEALS - REAPPOINTMENT
Motion made by Commissioner Bowers, seconded by Shank, to reappoint Reno Powell
to the Board of Zoning Appeals for a three year term. Unanimously approved.
CONSIDERATION TO RESTRUCTURE FUNDING - WATER & SEWER DEPARTMENT
Debra Bastian, Director of Finance, and Gary Rohrer, Director of Public Works,
met with the Commissioners to discuss the possible restructuring of the current
debt of the Water and Sewer Department. The Commissioners discussed the
districts which are treated by the City of Hagerstown. Mr. Rohrer briefly
reviewed the 201 Facilities Plan, the findings of the BCM study which was done
in 1990-91, and the Urban Growth Area study. Commissioner Bowers asked about
the possibility of redirecting the flow from the areas north and west of the
City. The Commissioners also discussed the costs of the BNR mandates from the
Federal government needed for the Conococheague and Nicodemus plants and the
possible loss of capacity.
Motion made by Commissioner Downey, seconded by Shank, to authorize the
County's Financial Consultant to begin the process of evaluating the
possibility of restructuring all current debt of the Water & Sewer Department
from bond issues and capital improvement projects, to consider refinancing as
much of the $54,000,000 as would be cost-effective, and to provide a
recommendation back to them regarding his conclusions. Motion carried with
Commissioners Downey, Shank, and Snook voting "AYE" and Commissioners Wade and
Bowers voting "NO".
Commissioner Downey proposed that the Mt. Aetna district maintain its current
rate and that the rate increases for the Sandy Hook and Halfway districts be
phased in over a three-year period. Commissioner Bowers discussed going to
three subdistricts instead of one. Mr. Rohrer indicated that he will have the
consultant review these proposals. Commissioner Wade stated that he feels it
may set a dangerous precedent to try to establish more than one subdistrict,
and Commissioner Snook noted that the Commissioners decided on March 7 to
consolidate into one district. Commissioner Shank asked Mr. Rohrer to have the
consultant calculate how a base minimum gallon usage rate would affect rates.
He stated that this may help households which want to keep their rates low by
conserving water. The Commissioners also discussed the possibility of
marketing the Conococheague pre-treatment plant, the sale of construction and
laboratory equipment.
RECESS
The Commissioners recessed at 4:20 p.m.
EVENING SESSION - TOWN OF BOONSBORO
Commissioners Gregory Snook, John Shank, R. Lee Downey, and James Wade met at
7:00 p.m. with Boonsboro Mayor Charles "Skip" Kauffman, and Council members
Richard Hawkins, Gene Smith, Richard Gross, Howard Long, and Raymond Grove at
the Boonsboro Community Center. 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 Town of Boonsboro will
receive $43,169 for 1995, and is projected to receive $46,665 for 1996.
Commissioner Snook noted that beginning in 1996, Boonsboro's tax differential
payment will be capped at $43,000 until the Town repays the County the amount
owed from a State Admissions and Amusements tax error. 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.
Mayor Kauffman expressed concerns about the County's water and sewer problems
and stated that he feels that only those on the system should be charged and
that general fund money should not be used. Commissioner Downey stated that
the Commissioners will be putting in $2.2 million to help pay the bond
indebtedness for the pre-treatment plant. The Commissioners then discussed
Boonsboro's water system.
Also discussed were landfill rates, the Gaming Commission, and charges for the
prison crew guards. At this time, the meeting was opened for public comment.
Several citizens expressed concerns about the water and sewer issue. Also
APRIL 9, 1996
PAGE FIVE
discussed was the elimination of the bus route to Boonsboro. Joe Swope asked
that consideration be given to expansion of Boonsboro's library system,
establishment of a youth center, and a curbside recycling program.
ADJOURNMENT
Motion made by Commissioner Downey, seconded by Wade, to adjourn at 8:05 p.m.
Unanimously approved.
County Administrator
County Attorney
,
Clerk