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HomeMy WebLinkAbout980519 May 19, 1998 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 7:30 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. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Bowers, to convene in closed session at 7:30 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 Shank, seconded by Wade, to reconvene in open session at 9:03 a.m. Unanimously approved. In closed session the Commissioners discussed one (1) proposal for a business or industrial organization to locate, expand, or remain in the State. 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. APRIL 1998 YOUTH OF THE MONTH AWARD - BRADLEY CLINE Commissioner Downey presented a Certificate of Merit to Bradley Cline in recognition of his selection as the Youth of the Month for April 1998 by the Washington County Children's Council. Commissioner Downey commended Bradley for his leadership, his academic and extra-curricular activities and his  considerable accomplishments. Glenda Helman, representing the Childrens Council, informed the Commissioners that Bradley will also receive a $50 savings bond, courtesy of Teddy Bear Day Care. Bradley thanked the Commissioners for the award and thanked his parents, teachers, and guidance counselor for their support. MAY 1998 YOUTH OF THE MONTH AWARD - CAITLYN SKEWERIS Commissioner Bowers presented a Certificate of Merit to Caitlyn Skeweris in recognition of her selection as the Youth of the Month for May 1998 by the  Washington County Children's Council. Commissioner Bowers listed Caitlyns activities and commended her for being a superior role model for all our  youth. Glenda Helman, representing the Childrens Council, informed the Commissioners that Caitlyn will also receive a $50 savings bond, courtesy of the Washington County Chapter of the Maryland State Child Care Association. Caitlyn thanked the Commissioners for the award and introduced her parents. PROCLAMATION - NATIONAL AQUATIC WEEK Commissioner Wade presented a proclamation designating May 17 - 24, 1998, as National Aquatic Week in Washington County, to Recreation & Parks Department staff members Ronald Kidd, Stacey McCleran and Lori Taylor and aquatic instructor Bonnie Weddle. The Commissioners recognized the role that aquatic activities play in good physical and mental health and urged all citizens to support and promote this observance. PROCLAMATION - EMERGENCY MEDICAL SERVICES WEEK Commissioner Snook presented a proclamation to Robert Cumberland, Administrative Planner for the Washington County Volunteer Fire & Rescue Association, designating the week of May 17-23, 1998, as Emergency Medical Services Week in Washington County and commending the efforts of all the volunteers and career emergency medical personnel who perform a vital public service. COMPREHENSIVE PLAN AMENDMENT - CP-98-02 Motion made by Commissioner Shank, seconded by Wade, to approve text amendment CP-98-02 and to adopt a resolution outlining the proposed  amendments which addresses the inclusion of designated Rural Villages in the Comprehensive Plan. Unanimously approved. ZONING TEXT AMENDMENT - RZ-98-07 Motion made by Commissioner Bowers, seconded by Shank, to approve zoning text amendment RZ-98-07 which amends the Zoning Ordinance, Article 6 - Agricultural District, Section 6.1 - Principal Permitted Uses and Section 6.2 - Special Exceptions to allow surface grading, removal of top soil or similar material in preparing property for development but not including open pit quarrying or mineral processing on site subject to performance MAY 19, 1998 PAGE TWO standards in Section 4.12 and Section 15.2 (A) - (H). Unanimously approved. ZONING TEXT AMENDMENT - RZ-98-09 Motion made by Commissioner Downey, seconded by Bowers, to approve amendment RZ-98-09, to amend Article 22, Division VII, Cluster Subdivision, Section  22.82(b) of the Zoning Ordinance by adding the wording or to another  entity approved by the Planning Commission. Unanimously approved. REZONING MAP AMENDMENT - RZ-98-05 - MILLARD & BEVERLY KRETZER Beth Evans, Assistant County Attorney, reviewed rezoning application RZ-98- 05 which was submitted by Millard and Beverly Kretzer. Ms. Evans stated that Mr. Kretzer did not define a neighborhood during his presentation at the public hearing, which is the responsibility of the applicant. She indicated that she spoke to Mr. Kretzer to see if he wished to withdraw his application. She provided information to him on Business Transitional (BT) zoning. Commissioner Wade noted that he was not present at the public hearing and would abstain from voting on this request. Motion made by Commissioner Shank, seconded by Bowers, to delay making a decision on rezoning application RZ-98-05 until the June 9, 1998 meeting. Motion carried with Commissioners Shank, Bowers, Downey, and Snook voting  AYE and Commissioner Wade ABSTAINING. BID AWARD - PAINTING & REPAIR FOR THREE COUNTY BRIDGES Motion made by Commissioner Bowers, seconded by Shank, to award the contract for the painting and repair of the Beaver Creek Church Road bridge, the Kemps Mill Road bridge, and the Millers Church Road bridge to Orfanos which submitted the low bid of $298,000, and to have staff make a recommendation regarding the additional funding needed for this project. Unanimously approved. BID AWARD - PROCUREMENT OF TANK CLEANING SERVICES AT CONOCOCHEAGUE INDUSTRIAL WASTEWATER PRE-TREATMENT FACILITY Motion made by Commissioner Wade, seconded by Bowers, to award the contract for the procurement of tank cleaning services at the Conococheague Industrial Wastewater Pre-treatment Facility to I.K. Stolzfus Service Corp. which submitted the bid of $145,040. Unanimously approved. BID AWARD - SOLE SOURCE EQUIPMENT PURCHASE FOR TRUCK DUMPING STATION FOR TRASH AND GRIT REMOVAL Motion made by Commissioner Bowers, seconded by Shank, to award the contract for the purchase of an Auger Monster from JWC Environmental in the amount of $47,405 as a sole source procurement under Section 1-106.2(a)(1) of the Code of the Public Local Laws of Washington County. Unanimously approved.  SOLE SOURCE PROCUREMENT - NEW CASE MANAGEMENT SOFTWARE - STATES ATTORNEYS OFFICE Motion made by Commissioner Downey, seconded by Bowers, to award the contract for case management software, Prosecutor/Dialog by Graphic Computer  Solutions, Inc., for the States Attorneys office in the amount of $45,600 as a sole source procurement under Section 1-106.2(a)(1) of the Code of the Public Local Laws of Washington County. Unanimously approved. (Commissioner Wade was excused from the meeting at 10:14 a.m.) GRANT APPROVAL - USDA FARMLAND PROTECTION PROGRAM Eric Seifarth, Associate Planner, met with the Commissioners to request their authorization to join with the other certified Maryland counties which are eligible to participate in a proposal to acquire $5 million from the United States Department of Agriculture for farmland preservation easement purchases. Mr. Seifarth indicated that the grant would require local matching funds of 50 percent which could come from the Rural Legacy program or agricultural transfer tax funds. Motion made by Commissioner Downey, seconded by Bowers, to participate in the submission of a joint application for a USDA Farmland Protection Program grant reserving the right to approve the source to be used for matching funds at the time grant funds are received. Unanimously approved. CITIZENS PARTICIPATION There were no individuals who wished to participate at this time. MAY 19, 1998 PAGE THREE APPROVAL OF MINUTES - MAY 12, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of May 12, 1998, as amended. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, stated that representatives from Carroll Burracker and Associates will present the report on fire and rescue services on June 9 to the Commissioners and the Emergency Services Council. SEWER AGREEMENT - TOWN OF SMITHSBURG Motion made by Commissioner Shank, seconded by Downey, to approve an agreement with the Town of Smithsburg concerning the provision of sewage treatment services, payment for the transfer of the Smithsburg Water Treatment Plant, establishment of fees for these services and other related matters, as presented by the County Attorney. Unanimously approved. APPROVAL FOR ADDITIONAL FUNDING - S.P.C.A. Rodney Shoop informed the Commissioners that he met with representatives of the Washington County S.P.C.A. regarding their concerns with the level of  funding approved in the Countys FY 1999 budget for animal control. Mr. Shoop stated that the S.P.C.A. is now running a deficit situation on animal control and cannot continue to provide these services unless the full funding request is granted. He stated that the S.P.C.A. suggested that several services might be eliminated to lower their costs including pick-up of dead animals from private property, handling nuisance wildlife calls, and limiting after-hours response to emergencies only. He asked that the  Commissioners restore $25,666 to the S.P.C.A.s budget for animal control services and for operation of the spay/neuter program. The Commissioners discussed the request and asked for additional information on the number of employees at the S.P.C.A., the number of vehicles they have, and the duties they perform. Motion made by Commissioner Bowers, seconded by Downey, to provide $25,666 in additional funding to the S.P.C.A. for Fiscal Year 1999 for the provision of animal control services and the spay/neuter program. Unanimously approved. PUBLIC HEARING - ISSUANCE OF WASHINGTON COUNTY SPECIAL OBLIGATION BONDS (BARKDOLL TRACT SPECIAL TAXING DISTRICT) The Commissioners convened a public hearing at 11:00 a.m. to allow citizens to comment on the proposed modifications to the boundaries of the Barkdoll Tract Special Taxing District created by a resolution adopted by the Board of County Commissioners on December 2, 1997, levy and imposition of a special tax on properties located in the District, and the issuance of special obligation bonds in an aggregate principal amount not to exceed $3,100,000 at an interest rate not to exceed 7%. Timmy Ruppersberger, County Bond Counsel, explained that in legislation enacted in the General Assembly in the 1995 Session, Washington County became one of the counties authorized to create special taxing districts. The bond will be repaid through special assessments levied against the properties in the taxing district. Ms. Ruppersberger assured the Commissioners that no debt or obligation would be incurred by the County. Keenan Rice, representing MuniFinancial, reviewed Exhibit A - Rate and Method of Apportionment of Special Taxes and Exhibit B - Basis for Setting the Tax Rates in the Barkdoll Tract Special Taxing District. He explained that Article 24, Section 9-1301 of the Annotated Code requires special taxes to be imposed in a reasonable manner. The special tax would be levied in an equal amount per building square foot on each parcel of taxable property in an amount such that the total of the Special Tax levied is equal to the Special Tax Requirement. At this time Commissioner Snook opened the meeting for public comment. There was no one at the hearing who wished to comment. Motion made by Commissioner Bowers, seconded by Downey, to adopt the resolution and exhibits, as presented, modifying the boundaries of, and imposing a special tax on property within a special taxing district in  Washington County known as the Barkdoll tract authorizing the County Commissioners to issue, sell and deliver, at any one time or from time to time, its special obligation bonds in a principal amount not to exceed $3,100,000. Unanimously approved. (A copy of the resolution is attached.) RECOMMENDATION TO REVISE GAMING RULES & REGULATIONS Kathy Sterling, Director of the Gaming Commission, informed the Commissioners that the report completed by Smith, Elliott, Kerns and Company MAY 19, 1998 PAGE FOUR disclosed that 14 organizations did not meet the requirements for direct and in-kind contributions to charitable organizations for the period from July 1, 1996 to June 30, 1997. Ms. Sterling reviewed a letter she would like to send to the organizations requesting that they pay the Gaming Fund the difference between the 5% of gross profits and the amount of the qualified direct and in-kind contributions. The Commissioners asked that minor revisions be made to the letter but authorized Ms. Sterling to proceed. They requested that Ms. Sterling encourage any of the organizations to meet with her if they feel the figures in the report are in error and to provide flexibility to the organizations which attempted to comply with the contributions guidelines. Ms. Sterling requested that the Commissioners approve revisions to Section 1-110 of the Gaming Rules and Regulations to require tip jar operator closing inventory reports for fraternal, veterans, or bona fide charitable  organizations or sportsmens association, as well as deposits into the Gaming Fund. She stated that the amendment is necessary to verify compliance with the recent changes in the law which increased the percentage paid directly to the Gaming Fund from 7 1/2% to 15% of the gross profit on all tip jars operated after June 30, 1998. Motion made by Commissioner Downey, seconded by Shank, to adopt the proposed changes to the Gaming Rules and Regulations, as outlined, to require a closing inventory report for tip jars purchased but not sold prior to July 1, 1998. Unanimously approved. ZONING ORDINANCE AMENDMENT - COMMUNICATION TOWERS Robert Arch, Director of Planning & Community Development, and Paul Prodonovich, Director of Permits, reviewed a proposed amendment to the Zoning Ordinance which they would like to take to public hearing. Mr. Arch stated that this amendment would make communications towers a special exceptions in all but three zoning classifications. Motion made by Commissioner Bowers, seconded by Downey, to authorize advertising for public hearing the proposed amendment to the Zoning Ordinance with regard to communications towers. Unanimously approved. RECESS - LUNCH The Commissioners recessed for lunch at 11:56 a.m. AFTERNOON SESSION The afternoon session was called to order at 1:00 p.m. by the President Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers and R. Lee Downey. CONVENE IN CLOSED SESSION Motion made by Commissioner Shank, seconded by Downey, to convene in closed session at 1:03 p.m. to consider personnel issues, 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 Shank, seconded by Downey, to reconvene in open session at 3:29 p.m. Unanimously approved. In closed session the Commissioners discussed three (3) personnel issues and considered three (3) items concerning proposals for businesses or industrial organizations to locate, expand, or remain in the State. EMPLOYMENT - WATER & SEWER DEPARTMENT AND COUNTY COMMUTER Motion made Commissioner Bowers, seconded by Shank, to employ the following individuals: Building Maintenance Worker II - Water & Sewer Department - employ Patricia Jones as Building Maintenance Worker, Grade 3, at the Water & Sewer Department to fill an existing vacancy, and Full-time Bus Driver - County Commuter - to promote Christine Taylor from Part-time to Full-time Bus Driver, Grade 5, at the County Commuter to fill an existing vacancy. Unanimously approved. MEETING SCHEDULE - MAY 26, 1998 The Commissioners agreed to meet on May 26 from 8:30 a.m. to 9:30 a.m. MAY 19, 1998 PAGE FIVE ADJOURNMENT Motion made by Commissioner Bowers, seconded by Shank, to adjourn at 3:31 p.m. Unanimously approved County Administrator County Attorney , Clerk