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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