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HomeMy WebLinkAbout980728 July 28, 1998 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 3:20 p.m. by the Vice President John S. Shank, with the following members present: Commissioners R. Lee . Downey and James R. Wade PUBLIC HEARING - INTENTION TO CLOSE & RELOCATE A PORTION OF COLE ROAD The Commissioners convened a public hearing at 3:20 p.m. in order to hear testimony concerning its intention to close and permanently relocate that portion of Cole Road between its intersection with Massey Boulevard and the end of the Valley Mall parking lot for a distance of 1,600 feet. At this time the meeting was opened for public comment. , representing Crown American LLP, the petitioner, and Jed Bell,Kevin Evans representing Davis, Renn & Associates, spoke in favor of the proposal and outlined the proposed new alignment. Mr. Evans stated that they are working with adjoining property owners to provide access and to try to reduce any inconvenience to them during construction. William Young, an attorney representing Valley World, also spoke in favor of the proposal to relocate Cole Road with the condition that the petitioner, Crown American LLP, along with any other necessary parties, enter into a satisfactory agreement with his client. There was no one present who spoke in opposition. Rodney Shoop, County Administrator, stated that the approval would be given contingent upon the necessary right-of-way being provided to the County prior to the final decision. Commissioner Shank stated that the Commissioners would take this matter under consideration and that the record will be held open for ten (10) days for any written comments. REZONING CASE RZ-98-04 (632 JOINT VENTURE) Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ- 98-06, submitted by 632 Joint Venture, to rezone property from Residential Multi-Family (RM) to Highway Interchange 1 (HI-1) which was heard at public hearing on March 9, 1998. Ms. Evans stated that the Planning Commission recommended that the rezoning application be denied. Commissioner Wade indicated that he had reviewed the Staff Report and file and is familiar with the case. Motion made by Commissioner Wade, seconded by Downey, to accept the definition of the neighborhood as described by the applicant. Unanimously approved. Motion made by Commissioner Wade, seconded by Downey, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Downey, seconded by Wade, that there was a change in the character of the neighborhood where the property is located. Unanimously approved. Motion made by Commissioner Downey, seconded by Wade, that there has not been a convincing demonstration that the proposed rezoning from Residential Multi-Family (RM) to Highway Interchange 1 (HI-1) would be appropriate and logical for the subject property based on the fact that the uses allowed in HI-1 are incompatible with the adjacent existing, established residential development and could cause additional problems with noise, traffic, and lights. Unanimously approved. (Commissioner Bowers arrived at the meeting at 3:30 p.m.) Motion made by Commissioner Wade, seconded by Downey, based upon the previous motions, that the proposed rezoning from RM-Residential Multi- Family to HI-1 - Highway Interchange I be denied. Unanimously approved. RESOLUTION OF SUPPORT FOR FINANCIAL ASSISTANCE APPLICATION - MONTEREY HOUSE ELDERLY HOUSING PROJECT Beth Evans, Assistant County Attorney, reviewed a Resolution supporting an application for financial assistance for the elderly housing project in Hancock, known as the Monterey House, by the Washington County Housing Authority and Interfaith Housing of Western Maryland. She explained that the resolution does not obligate the County financially but is necessary for the groups to apply for State and Federal financial assistance. Motion made by Commissioner Downey, seconded by Bowers, to approve a resolution endorsing the construction and operation of a rental housing development to contain 25 units for elderly and disabled households of limited income in Hancock, Maryland, known as the Monterey House, and to support the application of the Washington County Housing Authority and Interfaith Housing of Western Maryland to the Maryland Department of Housing JULY 28, 1998 PAGE TWO and Community Development Partnership Rental Housing Program for financial assistance. Unanimously approved. (Commissioner Snook arrived at the meeting at 3:43 p.m. and assumed the Chair.) RECOMMENDATION TO EMPLOY FEDERAL FAMILY PRESERVATION COORDINATOR Alan Davis, Director of Human Resources, and Kristin Grosh, Coordinator for the Office of Children, Youth, and Families, met with the Commissioners to inform them that the State has approved a one-year grant for a contractual position for a Federal Family Preservation Coordinator for the Local Management Board. Mr. Davis stated that this position would be advertised as a Grade 11 and the individual would be hired with the understanding that if the grant is not renewed, the position will not be continued. Ms. Grosh explained the duties of the position and indicated that the position was recommended by the Federal Family Needs Assessment Study. Motion made by Commissioner Wade, seconded by Bowers, to authorize advertising to fill the grant-funded position of Federal Family Preservation Coordinator, Grade 11, with the understanding that if the grant is not renewed, the position will not be continued. Unanimously approved. BID AWARD - CONTRACT SERVICES AT TRANSFER STATIONS & ON-SITE AT RESH LANDFILL Motion made by Commissioner Shank, seconded by Bowers, to award the contract to Waste Management of West Virginia, Inc. for contract services at the transfer stations and on-site at Resh Landfill for the low bid of $146,350 plus the cost for the performance/payment bond of $900. Unanimously approved. RENEWAL OF AGREEMENT - EMERGENCY FOOD ASSISTANCE PROGRAM Motion made by Commissioner Bowers, seconded by Shank, to renew the agreement for Distribution of Commodities and Funds for the Emergency Food Assistance Program between the State Department of Human Resources, the Board of County Commissioners, and the Washington County Community Action Council for a one-year period beginning October 1, 1998, with an option to renew for two additional one-year periods. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Wade, to convene in closed session at 3:53 p.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 Shank, to reconvene in open session at 4:30 p.m. Unanimously approved. In closed session the Commissioners discussed one (1) item concerning a proposal for a business or industrial organization to locate, expand, or remain in the State. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members Lewis Metzner, Wallace McClure, and William Breichner, at 4:30 p.m. Roundhouse Update Rodney Shoop, County Administrator, asked for an update on the status of the Roundhouse and the demolition permit which CSX Railroad has applied for with the City of Hagerstown. Bruce Johnston, City Engineer, explained that the staff has started to process the application. Mayor Bruchey stated that they are interested in requesting additional time to clarify environmental  issues although there has been no change in the Mayor and Councils position. He stated the City is still concerned about liability and the amount of underground contamination on the site. Mr. Johnston stated that CSX would like to transfer the site under the Brownfields legislation or the voluntary clean-up act, but a site characterization plan must be completed first by the Maryland Department of the Environment (MDE). A discussion ensued regarding the extent of the contamination. Bob Boone, a former MDE employee, indicated that he feels there is a very low level of contaminates in the ground wells. Suzanne Downey Hayes, Chairperson of the Economic Development Commission, stated that there may be advantages to developing the land along this corridor and suggested that the City and County make a JULY 28, 1998 PAGE THREE counter-proposal. A representative of CSX stated that they are willing to negotiate with the City and the Roundhouse. (Susan Saum-Wicklein, City Councilperson, arrived at this time.) Update on Fairgrounds Bruce Johnston provided an update on the concept plan for the Hagerstown Fairgrounds. Mr. Johnston indicated that the original redevelopment plan  was a wish list from the community, and the City found that all of the activities could not be accommodated on the site. He stated that the City Council recently decided that an equestrian facility was not an appropriate activity for the site. The current plan includes a softball complex, three multi-purpose and soccer fields, a hiking/biking trail, and passive recreation and picnic areas. Mr. Johnston indicated that they also hope to utilize the foundation and lower level of the grandstand to provide an indoor multi-purpose athletic center and possibly an activity center in the basement of this area. He stated that they anticipate presenting the final concept plan to the Mayor and Council in September. Commissioner Snook suggested that the City may want to investigate the possibility of utilizing Program Open Space special project funding. JOINT CLOSED SESSION Motion made by Commissioner Bowers, seconded by Downey, to convene jointly with the Hagerstown Mayor and Council in closed session at 5:45 p.m. 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 Shank, seconded by Bowers, to reconvene in open session at 6:10 p.m. Unanimously approved. In closed session the Commissioners consulted with counsel to obtain legal advice on one (1) legal matter regarding a current agreement under negotiation. RECESS - DINNER The Commissioners recessed at 6:10 p.m. for dinner. EVENING SESSION The Evening Session was convened at 7:00 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - JULY 14, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of July 14, 1998, as submitted. Unanimously approved. PRESENTATION OF IDEA PROGRAM AWARD - RICK CURRY Rodney Shoop, County Administrator, presented a certificate of merit to Rick Curry, Buyer at the Water & Sewer Department, as the recipient of the Innovative, Dedicated Employee Award (IDEA) Program Award for the quarter. Mr. Shoop stated that Mr. Curry was nominated by both Debra Bastian, Director of Finance, and Karen Luther, Purchasing Agent, for two different programs. Ms. Luther nominated Mr. Curry for his work to recover $13,300 in refunds due the County for past deposits on drums of degreaser/deodorizer. Ms. Bastian nominated Mr. Curry for helping to streamline inventory procedures within the Water & Sewer Department, saving staff time and controlling inventory costs, and for instituting the use of vendors to control reordering quantities and obtaining credit for obsolete inventory items. He stated that the award consists of a $500 check and an additional personal day. Mr. Curry thanked the Commissioners for the award and introduced his family members who were in attendance. Commissioner Snook thanked Mr. Curry for his hard work and dedication. CITIZENS PARTICIPATION Joe Swope expressed concerns about the construction of a large commercial hog farm operation being proposed in Pennsylvania near Sideling Hill. He stated that this could affect the water quality of the streams running into Washington County. JULY 28, 1998 PAGE FOUR PUBLIC HEARING - LAND PRESERVATION & RECREATION PLAN The Commissioners held the second public hearing to hear any comments regarding the Land Preservation & Recreation Plan. The first hearing was held on July 14, 1998. William Stachoviak, Park & Environmental Planner, was in attendance to answer questions about the plan. Mr. Stachoviak stated that the plan provides a long-range planning program for the next five years for parks and open space. Commissioner Snook opened the meeting for public comment. Joseph Swope and Eric Whittenton, representing the Catoctin Chapter of the Sierra Club, distributed written comments on a variety of topics regarding the plan. They concentrated on the following main points: the ratio of Program Open Space money spent for acquisition of land versus that spent on developing parks, clustering of development on park lands, requesting that development of parking lots and roads be given special attention near wetlands and waterways, and recommending that high priority be given to preserving continuous greenways, as opposed to isolated islands. The hearing was closed at this time. RETIREE HEALTH INSURANCE Alan Davis, Director of Human Resources, provided additional information to the Commissioners regarding long-term cost projections for retiree health insurance. Mr. Davis stated that the County currently has 41 employees who are retirement eligible. He estimated that over the next ten years 150 additional individuals will become retirement eligible and, assuming that all 191 employees retire and request insurance continuation, the cost to the County would be a minimum of $1 million. Mr. Davis noted that although some of the expense would be offset by salary and benefit savings, there could still be a significant financial impact. After discussion, it was the consensus of the Commissioners not to change the current practice with regard to retiree health insurance due to the financial impact the new plan could have on the County.  COUNTY ADMINISTRATORS COMMENTS Mr. Shoop informed the Commissioners that the County will conduct an election on August 26 at the Water and Sewer Department in response to a petition filed by the Teamsters to represent the Department. He reminded the Commissioners that the Fall free bulk trash pick-up week will be held October 10-17. Mr. Shoop provided information on the costs of Boonsboro fire substation. He information the Commissioners that the County has formed a Y2K Action Committee to prepare for the technological difficulties anticipated in the Year 2000, including those in embedded computer chip technology. CHANGE ORDER - BIKLE ROAD BRIDGE Motion made by Commissioner Downey, seconded by Bowers, to approve a change order for the Bikle Road Bridge Project increasing the contract sum by $25,662.24 to adjust various State Highway Administration requirements for maintaining adequate contract quantities throughout the contract period. Unanimously approved. CHANGE ORDER - ROBINWOOD INTERSECTION IMPROVEMENTS Motion made by Commissioner Wade, seconded by Bowers, to approve the change order on the Robinwood Drive Intersection Improvements project to increase the contract by $132,619.86 for final project close-out. Unanimously approved. PROPOSED LAYOUT OF DISPLAY - FISCAL YEAR 1999 BUDGET Mr. Shoop informed the Commissioners that Debra Bastian, Director of Finance, has compiled information on the Fiscal Year 1999 budget for publication in the newspaper. The Commissioners reviewed the information and proposed lay-out and made minor adjustments to the advertisement. Motion made by Commissioner Wade, seconded by Shank, to approve the proposed publication of information on the Fiscal Year 1999 budget and to approve the expenditure of $2,700 from the Contingency Fund for this item. Unanimously approved. AMENDMENT OF RESOLUTION - AIRPORT COMMISSION Motion made by Commissioner Shank, seconded by Wade, to approve the resolution amending Section 2, paragraph 9 of the original resolution creating the Washington County Airport Commission to reflect that individual leases may be entered into by the Board without a prior public hearing and Section 1, paragraph 2 amending the language regarding appointment of Commission members to comply with County policy. Unanimously approved. JULY 28, 1998 PAGE FIVE BUDGET TRANSFER - MARTIN LUTHER KING FACILITY Motion made by Commissioner Downey, seconded by Wade, to transfer $17,000 to the Martin Luther King facility to provide for wages for two part-time custodians which were inadvertently omitted from that budget with funds to be transferred from the monies set aside to remodel the County Administration Building. Unanimously approved. APPOINTMENTS - ADULT PUBLIC GUARDIANSHIP REVIEW BOARD Motion made by Commissioner Bowers, seconded by Shank, to appoint Charles Breakall, Tressa Nicewarner, and Dr. William Prescott, contingent upon his agreement to serve, to the Adult Public Guardianship Review Board for three- year terms. Unanimously approved. APPOINTMENT - PLUMBING BOARD Motion made by Commissioner Wade, seconded by Downey, to appoint David Hutzler as an alternate on the Plumbing Board for a two-year term. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Bowers suggested that the Commissioners encourage Citicorp to save the historic Kammerer House which is located on their property. Commissioner Snook informed the Commissioners that he received a letter from the State Highway Administration, which have approved a contract for overlay on Interstate 70 from Maryland Route 56 to Boyd Road. He reported on the reception hosted by the Economic Development Commission in honor of the delegation from Anhui Province in China. ADJOURNMENT Motion made by Commissioner Wade, seconded by Shank, to adjourn at 8:35 p.m. Unanimously approved. County Administrator County Attorney , Clerk