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HomeMy WebLinkAbout980623 June 23, 1998 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by the President, Gregory I. Snook, with the following members present: 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 - JUNE 9 & 16, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of June 9, 1998, as amended. Motion carried with Commissioners  Downey, Bowers, and Snook voting AYE and Commissioner Wade ABSTAINING. Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of June 16, 1998, as submitted. Motion carried with Commissioners  Downey, Bowers, and Snook voting AYE and Commissioner Wade ABSTAINING.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook informed the Commissioners of an invitation to attend the  Wastewater Environmental Contractors Associations summer outing on July 11. He also reported on the Airport Commission meeting. Commissioner Bowers  reported on the Veterans Home Committee meeting, the annual Sheriffs  inspection, and the Boy Scouts ceremony honoring the 50th anniversary of Camp Sinoquipe. Rodney Shoop, County Administrator, informed the Commissioners that Blind Industries of Maryland is closing the snack bar at the Court House Annex on July 1. He stated that the Facilities Administrator is looking for another vendor who is interested in operating at this location. The Commissioners asked Mr. Shoop to send a letter to Blind Industries to request that they allow the equipment to remain at the snack bar. Commissioner Downey reported on the Tri-County Council Executive Board meeting, the Western Maryland Consortium meeting, and the CASA Board of Directors retreat. DISCUSSION ON FEASIBILITY STUDY FOR A PROPOSED CONVENTION CENTER & STADIUM Bruce Zimmerman, Hagerstown City Administrator, and Karen Giffin, Public Information Officer for the City of Hagerstown, met with the Commissioners  regarding the Citys request that the County co-sign an application for grant funding for feasibility studies for a stadium and convention center.  Commissioner Snook indicated that Countys Director of Planning & Community Development is investigating whether Federal legislation would allow ISTEA funds to be used for a feasibility study for a transportation museum at the Roundhouse. He stated that he would place this item on the agenda at the Hagerstown/Eastern Panhandle Metropolitan Planning Organization meeting for discussion. Mr. Zimmerman stated that the Mayor and Council will be meeting with CSX Railroad personnel and representatives from the Maryland Department of the Environment regarding questions of liability for clean up of any hazardous waste on the site. The Commissioners agreed to send a letter to CSX officials requesting that they extend the deadline for demolition of the roundhouse. Ms. Giffin informed the Commissioners that the City hopes to utilize a grant from the Neighborhood Business & Development Program. She provided an overview of the program and explained that it does not allow a government agency to be the applicant. Ms. Giffin also stated that the program requires a 50 percent match, although other grant funds could be used for the match. Mr. Zimmerman indicated that the City estimates that the feasibility studies for a stadium and convention center would cost $80,000 - $100,000. He stated that they believe separate grants will be required for  the studies. Ms. Giffin also outlined the City of Hagerstowns designated revitalization area. Commissioner Snook again noted that the Commissioners were in opposition to using County general fund monies for construction of a new stadium. Commissioner Downey indicated that he is willing to support a feasibility study for a business park/stadium but does not feel that the timing is right for construction of a convention center. The Commissioners thanked Mr. Zimmerman and Ms. Giffin for meeting with them and agreed to take this under consideration. EXTENSION OF RUBBLE LANDFILL It was the consensus of the Commissioners to extend the program allowing  acceptance of yard waste, brush, and trees at the Kemps Mill Reclamation Rubble Fill at no charge to County residents and municipalities through Monday, June 29, due to the recent storm damage. JUNE 23, 1998 PAGE TWO REQUEST FOR FUNDING - COMMUNITY FREE CLINIC Shelby Higgins, Executive Director of the Community Free Clinic, and Francis Lockley, President of the Board of Directors, met with the Commissioners to ask for County financial support for the Clinic. Ms. Higgins provided information on the history of the Clinic and the dramatic increase in the number of patients seen over the last three years. She stated that the Clinic provides primary care service, speciality care, laboratory service, diagnostic testing, and prescriptions to low income and individuals who do not have health insurance. She estimated that there are between 15,000 - 17,000 citizens in Washington County without health insurance benefits. Ms. Higgins reviewed the financial difficulties that the Clinic is facing and informed the Commissioners of efforts they have made to obtain funding. Commissioner Snook stated that the Community Free Clinic is not on the list of non-profit agencies to which the County may contribute funds and informed Ms. Higgins of the process for inclusion on the list. The Commissioners stated that they would take the request under consideration. APPROVAL OF SAFETY COMMITTEE BYLAWS Brian Overcash, Safety & Risk Management Coordinator, and Annajean Bitner, Risk Management Administrator, appeared before the Commissioners to request adoption of the proposed Washington County Safety Committee By-laws. Mr.  Overcash reviewed the proposed Bylaws and the Committees membership with the Commissioners. Motion made by Commissioner Downey, seconded by Bowers, to adopt the Washington County Safety Committee Bylaws as presented. Unanimously approved. UPDATE ON WASHINGTON COUNTY SAFETY COMMITTEE Brian Overcash provided an update on the progress of the Washington County Safety Committee and outlined changes made in the Committee. Mr. Overcash indicated that they now take a proactive approach to eliminate safety hazards. He stated that one of the major accomplishments of the Committee is the creation of the Safety Manual. Mr. Overcash informed the Commissioners that the objective of the Safety Manual is to compile all written safety policies and regulations into one document to assist in compliance with federal and state regulations. He stated that the Manual is near completion at this time and will be distributed to County employees. Mr. Overcash provided a summary of training programs offered to County employees. He stated that he is developing a comprehensive training calendar for all required courses. The Commissioners thanked Mr. Overcash for the update on the safety training and commended him on the success of the program. ROBINWOOD DRIVE ALIGNMENT - PLAN OF ACTION Gary Rohrer, Director of Public Works, outlined a plan of action for the new road alignment for Robinwood Drive. He informed the Commissioners that he met with Dan Sheedy regarding his Woodbridge development in an attempt to reach agreement as to a design that will allow Mr. Sheedy to develop in that area and which would require minimal changes to both existing and currently designed infrastructure. Mr. Rohrer reviewed the plans for changes in the existing residential area. The Commissioners discussed the information and had questions for Mr. Rohrer. Commissioner Downey asked for quarterly reports on the project. UPDATE - RECENT STORM DAMAGE Mr. Rohrer provided an update on the damages suffered as a result of the thunderstorms and tornados which hit Washington County last week. He indicated that the Halfway, Tammany Van Lear, and Fountainhead areas sustained the most damage. Mr. Rohrer stated that all roads were open by 3:00 a.m. on Wednesday morning and clean-up efforts would be completed by Thursday. He also informed the Commissioners that all back-up equipment functioned properly and labor costs are being calculated. CITIZENS PARTICIPATION  Charlie Shindle commended the County and the Sheriffs Department on its quick response to the tornado and storm damage. He expressed his concerns about the large number of County residents who do not have health insurance. Mr. Shindle questioned the policy of accepting low bids and asked that the Commissioners approach the Delegation to the General Assembly to request that the legislation be changed. JUNE 23, 1998 PAGE THREE BUDGET TRANSFER - FACILITIES MAINTENANCE DEPARTMENT Motion made by Commissioner Bowers, seconded by Wade, to approve the transfer of $42,425 to the Facilities Maintenance Department (Account 01-5- 0175-541-000) to refurbish the gymnasium at the Martin Luther King Center with $40,000 from increased revenue taken from a Federal grant and $2,425 from the Contingency fund. Unanimously approved. GRANT RENEWAL - DEPARTMENT OF AGRICULTURE - WEED CONTROL Motion made by Commissioner Downey, seconded by Bowers, to approve the renewal of the grant agreement with the Department of Agriculture for the reimbursement of County expenses for control and eradication of noxious weeds. Unanimously approved. REZONING CASE - RZ-98-03 Ms. Evans reviewed rezoning map amendment RZ-98-03, submitted by Cross Creek Builders, LLC, to rezone property on the east side of Sharpsburg Pike (Maryland Rt. 65) from Highway Interchange 2 (HI-2) to Highway Interchange 1 (HI-1). Commissioner Wade indicated that he had reviewed the Staff Report and file and is familiar with the case. Motion made by Commissioner Bowers, seconded by Wade, to make the findings of fact as set forth in the report of the County Attorney which is attached.  Motion carried with Commissioners Bowers, Wade, and Snook voting AYE and  Commissioner Downey ABSTAINING. Motion made by Commissioner Bowers, seconded by Wade, that there was a mistake in the original zoning based upon the following reasons: that the new dividing line created between HI-1 and HI-2 on the property does not follow property lines, public roads or physical features and in creating this line, consideration was not given to the following: 1) the 1991 plat of Cross Creek, 2) that access was denied to Route 65 by the State Highway Administration, and 3) the orientation, size and dimensions of the commercial parcel fronting on Battle Creek Boulevard. Motion carried with  Commissioners Bowers, Wade, and Snook voting AYE and Commissioner Downey  ABSTAINING. Motion made by Commissioner Bowers, seconded by Wade, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property due to the fact that the Planning Commission opined that the requested zoning classification would be consistent with the Comprehensive Plan and, in particular, the Planning Commission gave weight to the development taking place along MD 65 and that the subject site is located within the Urban Growth Area as designated by the Comprehensive Plan. Motion carried with Commissioners Bowers, Wade, and  Snook voting AYE and Commissioner Downey ABSTAINING. Motion made by Commissioner Bowers, seconded by Wade, based upon the previous motions, that the proposed rezoning from HI-2, Highway Interchange 2 to HI-1, Highway Interchange 1. Motion carried with Commissioners Bowers,  Wade, and Snook voting AYE and Commissioner Downey ABSTAINING. (Commissioner Wade was excused from the meeting at 10:55 a.m.) AGREEMENT WITH TOWN OF WILLIAMSPORT - SEWER SERVICE Motion made by Commissioner Bowers, seconded by Downey, to approve a new agreement with the Town of Williamsport to replace the previous agreement for the provision of sewer treatment service to the Town, establishment of fees for these services, and other related matters, as presented by the County Attorney. Unanimously approved. (A copy of the agreement is attached.) ST. JAMES SPECIAL TAXING DISTRICT EXTENSION Richard Douglas, County Attorney, presented a request from the Adrian Carpenter, Vice President of Continental Investment Corporation, for an extension of the St. James Special Taxing District. He provided an update on the St. James golf course project and the payment owed by the developer, Adrian Carpenter, to the Water & Sewer Department. Mr. Douglas stated that he has requested further documentation from the developer as to the payment. Motion made by Commissioner Downey, seconded by Bowers, to approve the request to extend the authorization provided in the Resolution creating the St. James Special Taxing District to June 30, 1999. Unanimously approved. JUNE 23, 1998 PAGE FOUR STATE OF MARYLAND FIRE & RESCUE GRANT - SECTION 508 FUNDS Debra Bastian, Director of Finance, and Kim Edlund, Assistant Director of Finance, met with the Commissioners regarding Section 508 grant funds allocated to Washington County by the State for fire and rescue companies. Ms. Bastian stated that a total of $110,971 was awarded for fiscal year 1998 for disbursement to the companies. She reviewed two options for allocating the funds. The first option would be to allocate $4,110.04 to each company. The second option would allocate the minimum amount to the City of Hagerstown and the remainder to the other companies in equal shares. The Commissioners discussed the options and agreed to allocate the funding in  equal shares to all companies. Ms. Bastian stated that the Countys allocation was reduced because the State of Maryland felt that the submission for FY 1997 was not consistent with the requirement that expenditures at least equal the average amount expended for fire protection during the three preceding fiscal years. She indicated that this was due to  two large, one-time capital expenditures in FY 96 and informed the Commissioners that she has written a letter to the State requesting an exception based on the unusual nature of these expenditures. Motion made by Commissioner Downey, seconded by Bowers, to distribute the fiscal year 1998 Section 508 State grant funds in equal shares to all fire and rescue companies in Washington County. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Bowers, seconded by Downey, to convene in closed session at 11:28 a.m. to consider personnel issues and to consult with counsel to obtain legal advice, 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 11:52 a.m. Unanimously approved. In closed session the Commissioners discussed three (3) personnel issues, two of which dealt with employment and one issue regarding a request for disability retirement. EMPLOY OFFICE ASSOCIATE II - HUMAN RESOURCES DEPARTMENT Motion made by Commissioner Downey, seconded by Bowers, to employ Jennifer Ricker as an Office Associate II, Grade 4, in the Human Resources Department. Unanimously approved. RECESS - TOUR OF PLAY CAMP SITES AT FOUNTAINDALE ELEMENTARY AND SMITHSBURG The Commissioners recessed at 11:55 a.m. for lunch and to tour the play camp sites at Fountaindale Elementary School and Smithsburg which are operated by the Recreation and Parks Department. AFTERNOON SESSION The afternoon session was called to order at 1:40 p.m. by the President Gregory I. Snook, with the following members present: Commissioners Ronald L. Bowers and R. Lee Downey. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Bowers, to convene in closed session at 1:41 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 Bowers, seconded by Downey, to reconvene in open session at 3:27 p.m. Unanimously approved. In closed session the Commissioners discussed two (2) items concerning proposals for businesses or industrial organizations to locate, expand, or remain in the State and consulted with counsel to obtain legal advice on one (1) matter regarding a special taxing district. LEVY OF SPECIAL TAXES FOR THE BARKDOLL SPECIAL TAXING DISTRICT Motion made by Commissioner Bowers, seconded by Downey, to approve the special tax on the total assessment of the Barkdoll Special Taxing District for Fiscal Year 1999 of $269,000, based on the calculations and report JUNE 23, 1998 PAGE FIVE submitted from MuniFinancial for $.85 per square foot. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Bowers, to adjourn at 3:28 p.m. Unanimously approved County Administrator County Attorney , Clerk