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April 7, 1998
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington
County, Maryland, was called to order at 9:30 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.
PROCLAMATION - FAIR HOUSING AWARENESS MONTH
Commissioner Snook presented members of the Community Housing Resource Board
(CHRB) with a proclamation naming the month of April 1997 as Fair Housing
Awareness Month in Washington County and commending this observance to all
citizens. Pat McMillian, Director of CHRB, thanked the Commissioners for
the proclamation and highlighted the activities planned to promote Fair
Housing Awareness Month.
APRIL 1998 YOUTH OF THE MONTH AWARD - SARAH KELLER
Commissioner Snook congratulated Sarah Keller for her selection as the Youth
of the Month for April 1998 by the Washington County Children's Council.
Commissioner Snook commended Sarah for her leadership, her academic and
extra-curricular activities and her considerable accomplishments. Glenda
Helman, representing the Childrens Council, informed the Commissioners that
Sarah will also receive a $50 savings bond, courtesy of the Kids Club.
Sarah thanked the Commissioners for the award and her parents and teachers
for their support.
CONCERNED CITIZENS OF THE ROBINWOOD AREA
Ned Garrett, Chairman of the Concerned Citizens of the Robinwood Area,
appeared before the Commissioners regarding the alternates proposed for the
Robinwood Drive bypass. Mr. Garrett reviewed the events which have occurred
since the plans for a bypass were proposed in October 1997 and how this has
disrupted their neighborhood. He urged the Commissioners to make a decision
as soon as possible. George Evans, Pastor of Covenant Presbyterian Church,
voiced his concerns about the impacts of Alignment B on the church and the
surrounding neighborhood. Howard Gilbert, attorney for Covenant
Presbyterian Church, asked the Commissioners to assure that the alignments
proposed are for a public purpose. He asked the Commissioners to eliminate
Alternates A, B, and C from further consideration.
Commissioner Snook stated that the public hearing on the proposed alignments
will be held on April 30 at Hagerstown Junior College. He informed the
group that the Commissioners take this decision very seriously and want to
get input from all citizens at the public hearing before making a decision
on a proposed route.
AGRICULTURAL EASEMENT SUPPLEMENTAL PAYMENT - DONALD BELZ
Eric Seifarth, Associate Planner, reviewed the details of the Maryland
Agricultural Land Preservation Foundations policy not to provide payment
for additional acreage discovered during the easement purchase process. He
stated that an additional area of 12.07 acres was discovered during the
required survey of the Donald Belz farm. Mr. Seifarth recommended that the
County make a supplemental payment for the easement of $13,883.61 from the
agricultural transfer tax funds. After discussion, the Commissioners agreed
to fund the supplemental payment but asked that a letter be sent to the
Maryland Agricultural Land Preservation Foundation endorsing a proposed
change in its its policy to allow for payment if additional acreage is found
in survey process.
Motion made by Commissioner Shank, seconded by Bowers, to approve the
recommendation to provide a supplemental payment in the amount of $13,883.61
to Donald Belz for the additional 12.07 acres discovered in a survey
required for purchase of an agricultural preservation easement from Mr.
Belz. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Shank reported on the Recreation & Parks Board meeting.
Commissioner Bowers commended John Howard, Director of the Economic
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PAGE TWO
Development Commission, and Commissioner Snook for helping to bring Phoenix Color
Corporations expansion plans in Washington County to fruition. Commissioner
Downey reported on the Community Housing Resources Board meeting and on the
reception held to announce the merger of Wright Gardner Insurance and Tischer
Associates. Commissioner Snook asked the Commissioners if they wished to request
that the Maryland Department of the Environment hold a public information meeting
on a request to transport sewage sludge from the welcome center on Sideling
Mountain to the Hancock Wastewater Treatment facility. The Commissioners elected
not request a meeting since the application was for transport only. Commissioner
Snook informed the Commissioners that the Department of Housing & Community
Development will hold a public meeting on April 24 in Allegany County on its 1999
Annual Plan. He informed the Commissioners that the HotSpots Initiative will
sponsor a street clean up and beautification day on April 25 in the Jonathan Street
area.
CITIZENS PARTICIPATION
Ernie Grove disputed remarks made about the traffic counts for the Robinwood Drive
area. He asked the Commissioners for a quick resolution of the situation. He
asked that the alternate near Kieffer Funk Road be eliminated from consideration.
Richard Dauteridge asked the Commissioners to set a time frame for making a
decision on the Robinwood bypass alternates. Commissioner Snook explained that the
Commissioners allow the record to remain open for ten days following a hearing in
order to receive written comments, and the earliest time the decision could be made
would be on May 12.
Motion made by Commissioner Shank, seconded by Bowers, to make a decision on the
Robinwood Drive bypass alternatives by May 12, 1998. Unanimously approved.
Dan Sheedy complimented the Commissioners on the manner in which they have handled
their consideration of the proposed alternatives for Robinwood Drive.
Ray Horst and Louise Horst, representing the Southwest Metropolitan Civic
Association, read a prepared statement regarding the disparity in sewer service
charges between single and multi-family dwellings.
Charlie Shindle thanked the Commissioners for funding the LOSAP Program.
Susan Fisher, representing the Robinwood Bypass Committee, stated that she trusts
that the Commissioners will make the best decision for the entire community on the
Robinwood Drive bypass alternatives.
GRANT APPLICATION - STATES ATTORNEYS OFFICE
Kenneth Long, States Attorney, and Terry Masters, Alternative Sanctions
Coordinator, met with the Commissioners to request authorization to submit an
application to the Maryland Department of Parole and Probation for a one-year grant
to enable them to hire a part-time employee to supervise crews who perform
community service hours on the weekends. Mr. Long stated that these weekend work
crews could dovetail with the HotSpots Initiative Program.
Motion made by Commissioner Shank, seconded by Bowers, to authorize the States
Attorneys office to apply to the Department of Parole and Probation for a one-year
grant in the amount of $23,535 to employ a part-time employee to supervise a
weekend work crew under the Alternative Sanctions Program. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners that the next
meeting of the Western Maryland County Commissioners will be held on May 1 in
Garrett County. He informed them that a meeting has been scheduled on April 24 at
Fort Ritchie to meet with the PenMar Development Corporation Board. Mr. Shoop
stated that the appreciation banquet to honor volunteers on County-appointed boards
and commissions will be held on May 6 at the Venice Inn.
Mr. Shoop informed the Commissioners that the Convention and Visitors Bureau has
agreed to administer the Maryland, You Are Beautiful Program if the County will
provide financial support for supplies which are needed Motion made by
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PAGE THREE
Commissioner Shank, seconded by Downey, to provide $200 in financial support to the
Convention & Visitors Bureau to administer the Maryland, You Are Beautiful Program.
Unanimously approved.
PROPOSED WATER & SEWER RATES - FISCAL YEAR 1999
The Commissioners reviewed the options reviewed at the March 26 budget workshop for
proposed water and sewer rates for FY 1999. Mr. Shoop asked the Commissioners to
make a decision to allow the rates to be publicized for the April 21 public
hearing. Clarence Scheer, President of the Water & Sewer Advisory Commission,
reviewed his presentation and stated that the Advisory Commission is recommending
Option 1 which would continue the general fund contribution of $2.7 million and
maintain a 25% operations and maintenance reserve. Commissioners Wade and Downey
expressed concerns about the amount of the general fund contribution in Option 1
and indicated that they wished to consider one of the options with a lower
contribution to allow them to address other budget issues. The Commissioners also
discussed calculations used to determine the rates for residential, multi-family
units and asked that the Water & Sewer Advisory Commission make a recommendation to
them on this issue. Mr. Scheer stated that the Advisory Commission has had
deliberations on this issue but have not yet come to a consensus.
Motion made by Commissioner Bowers, seconded by Shank, to accept the rate options
for water and sewer as presented in Option 1 which includes a general fund
contribution of $2.7 million, maintaining a 25% operations and maintenance reserve,
and a three percent rate increase for Fiscal Year 1999. The Motion did not carry
with Commissioners Bowers and Shank voting AYE and Commissioners Downey, Wade,
and Snook voting NO.
Motion made by Commissioner Wade, seconded by Downey, to adopt the rate options for
water and sewer presented in Option 5 with a general fund contribution of $2.3
million, maintaining a 25% operations and maintenance reserve, and a rate increase
of four percent for Fiscal Year 1999. Motion carried with Commissioners Wade,
Downey, and Snook voting AYE and Commissioners Bowers and Shank voting NO.
REAPPOINTMENT - BOARD OF ZONING APPEALS
Motion made by Commissioner Shank, seconded by Downey, to reappoint Steve Swayne to
the Board of Zoning Appeals for a three-year term. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Shank, seconded by Downey, to convene in closed session
at 11:22 a.m. to consider proposals for businesses or industrial organizations to
locate, expand, or remain in the State, in accordance with Section 10-508 of the
State Government Article of the Annotated Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Downey, seconded by Wade, to reconvene in open session
at 12:09 p.m. Unanimously approved.
In closed session the Commissioners considered one (1) proposal for a business or
industrial organizations to locate, expand, or remain in the State.
RECESS - LUNCH
The Commissioners recessed at 12:10 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:05 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.
APPROVAL OF MINUTES - MARCH 26 AND 31, 1998
Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of
March 26 and 31, 1998, as submitted. Unanimously approved.
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PAGE FOUR
ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) UPDATE
Robert Arch, Planning Director, presented a periodic report indicating whether
there is a continuing need for the Adequate Public Facilities Ordinance (APFO) as
required by Article XI of the Ordinance. Mr. Arch indicated that the
Planning Commission voted to recommend that there is a continuing need to retain
the APFO. Mr. Arch reviewed the activity for the period July 1, 1997 to December
31, 1997. He noted that a total of 121 lots were approved during this reporting
period, with 56 lots qualifying for school exemptions. Of the lots qualifying for
exemption, 54 were located within the Urban Growth Area or Town Growth Areas. Mr.
Arch also reviewed the school capacity ratings. Commissioner Shank expressed
concern that there is no policy regarding road entrances for small subdivisions.
After discussion, the Commissioners asked for a list of items which the Planning
Commission considers during the preliminary consultation process.
Motion made by Commissioner Bowers, seconded by Shank, to adopt the Adequate Public
Facilities Ordinance Report for the period July 1 - December 31, 1997, and to
acknowledge that there is a continuing need for the Adequate Public Facilities
Ordinance. Unanimously approved.
REQUEST TO FILL VACANCIES - SOLID WASTE DEPARTMENT & BLACK ROCK GOLF COURSE
The Commissioners approved requests to fill the vacancy for Recycling
Assistant/Weigh Clerk, Grade 7, at the Solid Waste Department and to fill the full-
time impending vacancy in the Pro Shop at Black Rock Golf Course at $7.50 per hour,
with no benefits.
CONTRACT AWARD - BUS ADVERTISING SERVICES
Motion made by Commissioner Downey, seconded by Bowers, to award the contract for
bus advertising services to Outdoor Marketing Systems, Inc. based upon sixty
percent of the projected net advertising revenue, for a total amount of $17,280 the
first year and guaranteed revenues of $14,400 per year. Unanimously approved.
The Commissioners also authorized staff to obtain information regarding a bus
shelter advertising program and to make a recommendation to them whether it would
be beneficial to seek proposals for such a program.
PLAN TO ACCOMMODATE PARACHUTE LANDING OPERATIONS
Carolyn Motz, Airport Manager, and Ed Rakowski, Operations Manager, provided the
Commissioners with an update on the Plan to Accommodate Parachute Landing
Operations. Ms. Motz stated that they are still seeking answers from FAA on the
security issues. She informed the Commissioners that she sent a letter to FAA
requesting an extension of the April 1 deadline to April 22 and FAA has replied
that this would be acceptable. Commissioner Bowers asked how the construction of a
hangar for Phoenix Color would affect the designation of the drop zone. Ms. Motz
stated that when the hangar is submitted on the layout plan, it would take
precedence over the drop zone. She informed the Commissioners that the staff will
have to look at the entire airport property to see if there is another suitable
site for the drop zone. Mr. Shoop stated that a new Airport Landing Plan will be
filed showing the locating of Phoenix Color Corporations hangar in the park.
PROGRAM OPEN SPACE - ANNUAL PROGRAM
Ronald Kidd, Director of the Recreation and Parks Department, and Ronald Phillips,
Chairman of the Recreation & Parks Board, met with the Commissioners to present the
Fiscal Year 1999 Program Open Space (POS) budget and projects proposed for the
County and for municipalities. Mr. Phillips introduced Yogi Martin, Jerry
Poffenberger, and Ed Hess who also serve on the Recreation and Parks Board. Mr.
Kidd reviewed the budgeted amounts for the projects in the development and
acquisition programs for the municipalities and for the County and provided a brief
description of each project. He stated that the County is estimated to receive
$125,000 for acquisition and $370,680 for development. The Commissioners discussed
the proposed projects and the selection process.
Motion made by Commissioner Shank, seconded by Wade to approve the Program
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PAGE FIVE
Open Space Annual Program for Development and Acquisition for Fiscal Year 1999, as
submitted, for submission to the State. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Shank, to convene in closed session
at 2:28 p.m. to consult with counsel to obtain legal advice and to consider
proposals for businesses or industrial organizations to locate, expand, or remain
in the State, in accordance with Section 10-508 of the State Government Article of
the Annotated Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Downey, seconded by Bowers, to reconvene in open
session at 4:44 p.m. Unanimously approved.
In closed session the Commissioners consulted with counsel to obtain legal advice
on one (1) issue, and considered four (4) items concerning proposals for a
businesses or industrial organizations to locate, expand, or remain in the State.
Commissioner Wade was excused from the meeting at 3:00 p.m.
ADJOURNMENT
Motion made by Commissioner Downey, seconded by Shank, to adjourn at 4:44 p.m.
Unanimously approved.
County Administrator
County Attorney
, Clerk