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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