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Joint meeting with Board of Education_ Tuesday_ March 28_ 2006

VIEWS: 10 PAGES: 13

									28TH REGULAR SESSION AND EXECUTIVE SESSION                             JULY 25, 2006
MAYOR AND CITY COUNCIL                                        HAGERSTOWN, MARYLAND
EXECUTIVE SESSION – Tuesday, July 25, 2006

On a motion duly made by Councilmember L. C. Metzner and seconded by
Councilmember K. B. Aleshire, the Mayor and City Council unanimously agreed by
voice vote of all members present to meet in closed session at 5:00 p.m. to consider a
matter that concerns the proposal for a business or industrial organization to locate,
expand, or remain in the State, #4 and to conduct collective bargaining negotiations or
consider matters that relate to the negotiations, #9. Councilmember A. Parson-McBean
was not present. No formal action was taken at the session. The meeting was held in
Room 407, 4th floor at the City Hall. The meeting was adjourned at 6:10 p.m.

28th REGULAR SESSION – JULY 25, 2006

Mayor Robert E. Bruchey, II called this 28th Session of the Mayor and City Council
to order at 7:00 p.m., Tuesday, July 25, 2006, in the Council Chamber at City Hall.
Present with the Mayor were Councilmembers K. B. Aleshire, K. S. Cromer, L. C.
Metzner, P. M. Nigh and A. Parson-McBean; City Administrator Bruce J.
Zimmerman, City Attorney Mark Boyer and City Clerk D. K. Spickler.

   The invocation was offered by Councilmember Kelly S. Cromer. The Pledge of
Allegiance was then recited.

   Mayor Bruchey announced the Rules of Procedure for this meeting will be followed as
adopted March 28, 2006. It was announced that the use of cell phones and electronic
devices during meetings is restricted and that all correspondence for distribution to
elected officials should be provided to the City Clerk and should include a copy for the
City Clerk for inclusion in the official record.

   The next scheduled meetings are: Work Sessions beginning at 4:00 p.m. on Tuesday,
August 1, 2006, Tuesday, August 8, 2006, Tuesday, August 15, 2006, and the Regular
Session on Tuesday, August 22, 2006 at 7:00 p.m.

PUBLIC HEARING

Zoning Map Amendment – Hamilton (Oak Hill Investments), ZM-2006-02

   Stuart Bass, Comprehensive Planner, stated a request was submitted by Oak Hill
Investment, LLP to rezone 115 Emmert Road, Hagerstown, Maryland to C2 (Commercial
General). The property is 6.88 acres in size. The existing use is vacant land.

   The subject property was annexed into the City, effective May 18, 1978. The property
was zoned R1 at the time, in accordance with the desire of the property owner. Prior to
the City of Hagerstown annexing the property, the last Washington County zoning
designation was A (Agricultural). There has been a recent zoning case in the immediate
area. Case ZM-99-01 rezoned 3.3 acres from R1 (Residential) to C2 (Commercial




                                            1
28TH REGULAR SESSION AND EXECUTIVE SESSION                               JULY 25, 2006
MAYOR AND CITY COUNCIL                                          HAGERSTOWN, MARYLAND
General), effective August 27, 1999. The property is located adjacent to the subject
property and is now part of the Hamilton Nissan automobile dealership.

   The property is located in the Edgewood neighborhood as described by the
Comprehensive Plan. It is comprised of a mixture of agriculture, commercial, and
residential, with scattered subdivisions and freestanding retail and office establishments
oriented to the Dual Highway.

    All public facilities and serviced rendered by the City of Hagerstown are available to
the site and currently serve the existing businesses, although approval of Sewer Service
for any development will be subject to the Sewer Capacity Allocation Plan. The
proposed rezoning will have no significant change in the population of the area.

   Mr. Bass entered the following as Exhibits:

       1.      Certification of Advertisement
       2.      Notice to adjacent property owners
       3.      Planning Commission file by record

   Staff recommends approval of the proposed rezoning to C2 (Commercial General)
based on change. The proposed classification is appropriate because the parcel is
adjacent to C2 property and located near a major intersection (US 40 and Interstate 70).
The subject property was zoned R1 per the annexation request effective May 18, 1978,
which was after the last Comprehensive Rezoning. Since that time, the area of
commercial activity has increased. New businesses include the Hamilton Nissan
automobile dealership, Younger Toyota, the Mercedes-Benz Center, Hoffman
Automotive Group and All Seasons Storage. A previous rezoning, (ZM-99-01),
immediately adjacent to this parcel allowed for commercial expansion. The recent
Hamilton Annexation (A-2006-01, effective July 7, 2006) will provide access to the
subject property from the Dual Highway that was not available previously.

   The Planning Commission concurred and at its regularly scheduled meeting on June
23, 2006, recommended to Mayor and Council that they approve the rezoning based on
Staff’s recommendation.

    Jason Divelbiss, Miller, Oliver, Baker, Moylan & Stone, is the attorney for the
applicant. Mr. Divelbiss indicated if this rezoning is approved, this portion will be
separated from the original 14 acre parcel. The neighboring properties are primarily car
dealerships. Mr. Divelbiss pointed out that a commercial use on this property would
require less sewer capacity than a residential use. A commercial use will not add students
to schools. Mr. Divelbiss indicated a mistake was made in the original zoning when the
Fuller property was annexed in 1977. Several hundred acres were annexed at that time.
The zoning that was requested and granted was not compatible with the neighboring
properties.




                                             2
28TH REGULAR SESSION AND EXECUTIVE SESSION                               JULY 25, 2006
MAYOR AND CITY COUNCIL                                          HAGERSTOWN, MARYLAND
   Councilmember Aleshire expressed concern that an additional access point from the
Dual Highway will cause traffic problems. He pointed out there is no direct Dual
Highway crossing in this area.

    Mr. Divelbiss stated there is concern about the access with there being no separation
of the Dual Highway. The existing access for the Hamilton dealership will be used, if
possible. If one of the other access points is more feasible (from the other dealerships)
that one will be used. A traffic generation study will dictate the most beneficial access.

   The following testimony was presented.

    Tony Martinez, 27 Emmert Road, Hagerstown, Maryland, stated this property is
adjacent to his house. He is concerned the property will be like a baseball field with
lights when the project is completed. He is concerned about the additional traffic and his
children’s safety. The project will be on both sides of his home. Mr. Martinez’s property
is not within the city limits. His lot is lower than the Hamilton lot.

   There was no further testimony presented.

   Mr. Divelbiss stated the applicant is sensitive to Mr. and Mrs. Martinez’s concerns.
The concerns will be addressed during the site plan process. All reasonable attempts will
be made to shield the light and to minimize the sounds from paging systems and outdoor
music. The natural buffering area would be on the northwest boundary of the property.

   The hearing was closed at 7:34 p.m. The record will remain open for 10 days for
written comments.

CITIZEN COMMENTS

   James M. Devine, P. O. Box 2217, Hagerstown, Maryland, stated he is running for the
Delegate 2C seat, representing Hagerstown. He is not a lifetime politician but there are
issues that need to be presented to the State. Decisions should be based on issues and not
political party affiliations. He suggested having more than 12 times during the year
where citizens could speak to the Mayor and City Council at a meeting. He thinks a
resolution should be passed making it a requirement that crews working for the City of
Hagerstown have to speak English. He believes the City should use eminent domain to
get buildings fixed up. He would like to have the air raid sirens updated and put back in
service so people could be alerted of a pending disaster. He recommended using solar
energy generation systems at the schools. The excess power could be sold. He doesn’t
think people should park directly in front of stores. Something should be done about
aggressive drivers.

   Michael Walchshauser, 633 Antietam Drive, Hagerstown, Maryland, stated he is
opposed to the Shaool Annexation on Eastern Boulevard. There is a problem in that area
with water run off and he is concerned that development will create a larger problem. He
will be presenting more information at a public hearing.



                                             3
28TH REGULAR SESSION AND EXECUTIVE SESSION                             JULY 25, 2006
MAYOR AND CITY COUNCIL                                        HAGERSTOWN, MARYLAND


   Joe Ruzicka, Washington County Museum of Fine Arts, thanked the City for being a
co-sponsor for the Festival of the Arts celebration to be held on September 16, 2006. The
museum will be celebrating 75 years. He issued an invitation to everyone to attend the
event and help celebrate the anniversary. He stated it is a pleasure to work with the
people at City Hall.

MINUTES

   On a motion duly made by Councilmember K. S. Cromer and seconded by
Councilmember L. C. Metzner, the Mayor and City Council unanimously agreed by
voice vote to approve minutes, as presented, for Mayor and Council meetings held on
June 6, 2006, June 13, 2006, June 20, 2006 and July 11, 2006.

CONSENT AGENDA

   On a motion duly made by Councilmember K. S. Cromer and seconded by
Councilmember L. C. Metzner, the Mayor and City Council unanimously agreed by
voice vote to approve the consent agenda as follows:

       A.     Water and Sewer Department
              1.     Service Agreement for Oxygen Systems - m2t Technologies
                     (Peekskill, NY) $ 19,400.00
              2.     Removal of Residuals at Willson Water Treatment Plant - Synagro
                     (Baltimore, MD) $ 219,600.00
              3.     West End Reservoir Replacement Project - Hazen & Sawyer, PC
                     (Baltimore, MD) $ 176,530.00
              4.     Engineering Service for Excess Wet Weather Primary Effluent
                     Disinfection System - Black and Veatch (Gaithersburg, MD)
                     $ 26,580.00
              5.    Closed Circuit TV Unit - Rausch Electronics USA, LLC
                    (Chambersburg, PA) $ 240,000.00

       B.     Police Department: Neighborhood Camera Yearly Service Contract -
              SimplexGrinnell, LP (Hagerstown, MD) $ 12,480.00

       C.     Engineering:
              1.    Reconstruct West Baltimore Street from Prospect Street to Walnut
                    Street - Henson & Son, Inc. (Hagerstown, MD) $ 90,715.00
              2.    GIS Mapping Services – Avineon, Inc. (Alexandria, VA)
                    Not to Exceed $ 161,000.00
              3.    Architectural Design for Renovations to 5th Floor of City Hall -
                    Harne Bowen Architects (Myersville, MD) $ 15,900.00
              4.    Addendum to Original Contractual Agreement with Hansen
                    Information Technologies - no additional cost




                                           4
28TH REGULAR SESSION AND EXECUTIVE SESSION                           JULY 25, 2006
MAYOR AND CITY COUNCIL                                      HAGERSTOWN, MARYLAND
      D.     Public Works: Bulk Oil Dispensing Equipment – H. N. Funkhouser
             (Winchester, VA) $ 13,689.01

      E.     Community Affairs: Application Permit – Augustoberfest Charitable
             Foundation, August 26, 2006 and August 27, 2006

      F.     Light Department:
             1.     Ornamental Lighting for 200 Block of North Potomac Street –
                    Hadco (Littlestown, PA) $ 22,110.00
             2.     Line Transformers – National Transformer Sales (Raleigh, NC)
                    $ 112,506.00

UNFINISHED BUSINESS

      A. Approval of an Ordinance: To Amend the Code, Section 223-13 Titled
“Residential Rehabilitation Tax Credit Program”

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember A. Parson-McBean, the Mayor and City Council
             unanimously agreed by voice vote to adopt an ordinance to provide
             incentives to property owners who improve their properties for higher
             resale value and enhancement of the neighborhood and to reward property
             owners who attract responsible tenants to their rental units.

     B. Approval of an Ordinance: To Amend the Code, Section 223-14 Titled
“Conversion of Multi-Family to Single Family Residence Tax Credit Program”

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember L. C. Metzner, the Mayor and City Council
             unanimously agreed by voice vote to adopt an ordinance to create a
             municipal property tax credit which will provide incentives to property
             owners who improve their properties by converting multi-family
             residences to single-family residences.

       C. Approval of a Resolution: Annexation – Dual Highway Properties
(Clearview Heights Subdivision) Case No. A-2006-02

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember L. C. Metzner, the Mayor and City Council
             unanimously agreed by voice vote to adopt a resolution and petition of
             annexation for Shaool Construction for property located on the southeast
             side of the City, along Dual Highway, specifically Lots 97, 98, 101-104
             and 106 (Clearview Heights Subdivision). The property to be annexed is
             1.6 acres in size and is intended to be added to and made part of the
             adjacent municipal lands.




                                         5
28TH REGULAR SESSION AND EXECUTIVE SESSION                          JULY 25, 2006
MAYOR AND CITY COUNCIL                                     HAGERSTOWN, MARYLAND
             Discussion: Councilmember Aleshire pointed out the City and County
             are working together with this development. Councilmember Metzner
             stated development will occur on this property whether it is annexed or
             not.

      D. Reconsideration of the Approval of an Ordinance: Zoning Ordinance
Text Amendments to Modify Cluster Regulations

  Action:    On a motion duly made by Councilmember L. C. Metzner and seconded
             by Councilmember K. B. Aleshire, the Mayor and City Council
             unanimously agreed by voice vote to reconsider to adopt an ordinance for
             a text amendment to the City Code, Chapter 68, Article I, Section 68-13,
             G, and 68-25, G, to modify the Cluster Regulations.

      E. Approval of an Ordinance: Zoning Ordinance Text Amendments to
Modify Cluster Regulations

   Action:   On a motion duly made by Councilmember L. C. Metzner and seconded
             by Councilmember K. B. Aleshire, the Mayor and City Council
             unanimously agreed by voice vote to adopt an ordinance for a text
             amendment to the City Code, Chapter 68, Article I, Section 68-13, G, and
             68-25, G, to modify the Cluster Regulations.

             Discussion: Councilmember Aleshire asked that a review of the ordinance
             be completed as discussed in June.

NEW BUSINESS

       A. Introduction of an Ordinance: Zoning Map Amendment, ZM-2006-01,
Shipley – 1002-1010 South Potomac Street

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember L. C. Metzner, the Mayor and City Council
             unanimously agreed by voice vote to introduce an ordinance for a Zoning
             Reclassification and Zoning Map amendment, Case No. ZM-2006-01, to
             rezone .94 acres, more or less, of land located at 1002-1010 South
             Potomac Street, from R1 (Residential) to C2 (Commercial General).

        B. Introduction of an Ordinance: Refuse Collection and License Agreement
for the Langley East Subdivision

  Action:    On a motion duly made by Councilmember L. C. Metzner and seconded
             by Councilmember K. B. Aleshire, the Mayor and City Council
             unanimously agreed by voice vote to introduce an ordinance for the refuse
             collection and license agreement for the Langley East Subdivision.




                                         6
28TH REGULAR SESSION AND EXECUTIVE SESSION                           JULY 25, 2006
MAYOR AND CITY COUNCIL                                      HAGERSTOWN, MARYLAND
      C. Introduction of an Ordinance: Acquisition, Rehabilitation and Resale of
Property Known as 33 Elizabeth Street under the Single Family Home Ownership
Program

  Action:    On a motion duly made by Councilmember L. C. Metzner and seconded
             by Councilmember K. S. Cromer, the Mayor and City Council
             unanimously agreed by voice vote to introduce an ordinance to consider
             the acquisition, rehabilitation and resale of property known as 33
             Elizabeth Street under the City’s Single Family Home Ownership
             Program, with an acquisition cost of $ 24,000 to be funded by the City’s
             Community Development Block Grant Fund.

       D.    Introduction of an Ordinance: Acquisition, Rehabilitation and Resale
of 119 Randolph Avenue

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember K. S. Cromer, the Mayor and City Council
             unanimously agreed by voice vote to introduce an ordinance to consider
             the acquisition, rehabilitation and resale of property known as 119
             Randolph Avenue under the City’s Single Family Home Ownership
             Program, with an acquisition cost of $ 65,000 to be funded by the City’s
             Community Development Block Grant Fund.

      E.     Introduction of an Ordinance: To Amend the Building Code

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember K. S. Cromer, the Mayor and City Council
             unanimously agreed by voice vote to introduce an ordinance to amend the
             Code of the City of Hagerstown, MD, Chapter 64, Article 1, entitled
             Building Construction to delete the 1996 BOCA National Building Code,
             thirteenth edition, with local amendments for the City of Hagerstown, and
             to adopt the 2003 International Building Code, with local amendments for
             the City of Hagerstown, MD.

      F.      Introduction of a Resolution: Annexation – Eastern Boulevard
(Shaool), Case No. A-2006-03

  Action:    On a motion duly made by Councilmember K. S. Cromer and seconded by
             Councilmember L. C. Metzner, the Mayor and City Council unanimously
             agreed by voice vote to introduce an Annexation Resolution for Ben
             Shaool Construction for property located on the northeast side of the City,
             along Eastern Boulevard. The property to be annexed is approximately
             5.948 acres in size and is intended to be added to and made part of the
             adjacent municipal lands.




                                          7
28TH REGULAR SESSION AND EXECUTIVE SESSION                        JULY 25, 2006
MAYOR AND CITY COUNCIL                                   HAGERSTOWN, MARYLAND
             Discussion: Councilmember Metzner mentioned that development will
             occur on this property whether it is annexed or not.

      G. Approval of a Resolution: Amending the Consolidated General Services
Agreement, Amendment #8 – Joint Service Area Expansion/Hunter Hills
Apartments

  Action:    Councilmember L. C. Metzner made a motion to approve a Joint
             Resolution of the Board of County Commissioners of Washington County,
             Maryland and the Mayor and Council of the City of Hagerstown,
             Maryland amending the Consolidated General Services Agreement for the
             Provision of Sanitary Sewer Service, attached as Amendment #8.
             Councilmember K. S. Cromer seconded the motion.

             Discussion: Councilmember Aleshire has numerous comments on this.
             Councilmember K. B. Aleshire made a motion to table the discussion.
             Councilmember K. S. Cromer seconded the motion.

  Motion carried, 4-1 with Councilmember L. C. Metzner voting No.

      H. Approval of a Resolution: Memorandum of Understanding: University
System of Maryland at Hagerstown – Maintenance

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember L. C. Metzner, the Mayor and City Council
             unanimously agreed by voice vote to approve a resolution accepting a
             Memorandum of Understanding (MOU) between the City of Hagerstown
             and the University System of Maryland at Hagerstown (USMH). This
             MOU shall have a term of July 1, 2006 through June 30, 2009 and shall
             establish the responsibility of the City and the USMH in maintaining
             University Plaza.

      I. Approval of a Resolution: Transfer of Lease Agreement Between the City
of Hagerstown and The City Ballet School

  Action:    On a motion duly made by Councilmember L. C. Metzner and seconded
             by Councilmember K. S. Cromer, the Mayor and City Council
             unanimously agreed by voice vote to approve a resolution to assign the
             lease agreement between the City of Hagerstown and The City Ballet
             School from the current owner Lauran Clowser to the new owner Danielle
             Horochowski. Terms and conditions of the lease will not change.




                                        8
28TH REGULAR SESSION AND EXECUTIVE SESSION                            JULY 25, 2006
MAYOR AND CITY COUNCIL                                       HAGERSTOWN, MARYLAND
       J. Approval of a Resolution: Approval of Mitigation Program under Section
8.3A of the Adequate Public Facilities Ordinance for Potomac Square

  Action:    Councilmember K. B. Aleshire made a motion to approve a resolution to
             approve the mitigation program for Potomac Square under Section 8.3A of
             the City’s Adequate Public Facilities Ordinance. Approval of this
             mitigation program for Potomac Square is warranted given that the Mayor
             and City Council have found the project to have significant revitalization
             benefits to the community and minimal impact on school capacity; have
             received comment on the mitigation proposal from the Washington
             County Board of Education; and have received approval of the mitigation
             program from the Washington County Board of County Commissioners.
             Councilmember L. C. Metzner seconded the motion.

             Discussion: Councilmember Aleshire thanked the County
             Commissioners for recognizing the benefits of this infill development.
             Councilmember Nigh asked if Deerfield Knolls will have difficulty
             receiving a mitigation program. Mr. Zimmerman indicated the Board of
             Education has not supported the Deerfield Knolls project.

  Motion carried, 4-1 with Councilmember P. M. Nigh voting No.

   K. Approval of a Resolution: Authorizing the Acceptance of the Offer of
Dedication of Walk Easement on Lands of P.D.R. Paradise, LLC

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember L. C. Metzner, the Mayor and City Council
             unanimously agreed by voice vote to approve a resolution to accept the
             offer of dedication made by P.D.R. Paradise, LLC of the 20 foot walk
             easement appearing on a plat entitled “Final Plat of Park Overlook
             Townhomes” recorded at Plat folio 7594 through 7598 and as modified on
             the attached plat (Fox & Associates DWG No. A-13253) entitled
             “Proposed Walk Easement Across Lands of P.D.R. Paradise, LLC.

  L. Approval of Contract: To Construct Hamilton Run Hiking/Biking Trail

  Action:    Councilmember L. C. Metzner made a motion to award a contract to
             Milton Stamper Builders in the amount of $ 164,208 for the construction
             of the Hamilton Run Trail from Fairgrounds Park to Pangborn Park.
             Funding for the project is $ 57,000 in State grants, $ 68,035 from the
             General Fund and $ 39,173 in excise tax funds. Councilmember Metzner
             further moved that Mayor and Council authorize the Parks Department
             staff to complete construction of two bridges with an additional allocation
             of $ 8,000 in excise tax funds for materials. This award is conditioned on
             the State approval of the contract and authorization to proceed with




                                          9
28TH REGULAR SESSION AND EXECUTIVE SESSION                              JULY 25, 2006
MAYOR AND CITY COUNCIL                                         HAGERSTOWN, MARYLAND
             spending grant funds. Councilmember K. B. Aleshire seconded the
             motion.

             Discussion: Larry Bayer, Community Development Manager, stated
             information has been received that the entire bike trail is eligible for grant
             funding.

             Councilmember L. C. Metzner amended the motion to include a provision
             for alternative funding through Community Development Block Grant
             funds at the direction of the City Council. Councilmember K. B. Aleshire
             seconded the amendment.

             Councilmember Cromer stated she is concerned about the amount that is
             from the General Fund. Mr. Bayer indicated the audit has not been
             completed so the final amount of available funding has not been
             determined. The funding has been included in the General Fund budget.
             Councilmember Nigh wondered if the cost would be reduced for work
             done in-house.

             Councilmember K. B. Aleshire moved to amend the motion to include the
             provision to reduce the amount of General Fund financing by the
             Community Development Block Grant funding. Councilmember L. C.
             Metzner seconded the motion.

  Motion carried by unanimous vote.

      M. Approval of University System of Maryland at Hagerstown (USMH)
Scholarship Funding

  Action:    Councilmember K. S. Cromer made a motion to approve supporting the
             University of Maryland at Hagerstown Scholarship Fund in the amount of
             $ 25,000.00, to be paid at the rate of $ 5,000.00 per year for 5 years. The
             funding for this support is from the General Fund. Councilmember L. C.
             Metzner seconded the motion.

             Discussion: Councilmember Nigh expressed her concern that USMH is
             a part time college and that there is no control of the distribution of the
             scholarship. No donation is made to Hagerstown Community College or
             Hagerstown Business College. Councilmember Aleshire supports the
             scholarship funding and pointed out the two other schools mentioned are
             outside the City limits.

  Motion carried, 4-1 with Councilmember P. M. Nigh voting No.

       N. Approval of a $ 2,400,000 City Funding Plan for the Construction of
Intersection Improvements at Edgewood Drive and US Route 40



                                           10
28TH REGULAR SESSION AND EXECUTIVE SESSION                             JULY 25, 2006
MAYOR AND CITY COUNCIL                                        HAGERSTOWN, MARYLAND


  Action:    Councilmember K. B. Aleshire made a motion to authorize funds for the
             construction of improvements to US40/Edgewood Drive intersection.
             City funding committed to the project is up to $ 2.4 million (40% of the
             local share). This includes $ 1.65 million toward the project construction
             and up to $ 750,000 for the relocation of City water and sewer lines. The
             $ 1.65 million shall come from special assessment revenue derived from
             private development and possibly excise tax revenue if needed. The
             contribution of up to $ 750,000 shall come from the Water and Sewer
             Fund. Councilmember L. C. Metzner seconded the motion.

             Discussion: Councilmember Nigh believes this should be a State project
             and it is being fast tracked in anticipation of the hospital’s relocation. She
             stated alternatives should have been reviewed. Councilmember Cromer
             thanked the County Commissioners for their cooperation in working
             through this funding plan. Councilmember Metzner stated if the project is
             denied at this time, it will be placed on the “back burner” and it won’t be
             completed.

  Motion carried, 4-1 with Councilmember P. M. Nigh voting No.

  O. Acceptance of Water Service Agreement with the Town of Williamsport,
Maryland

  Action:    On a motion duly made by Councilmember K. S. Cromer and seconded by
             Councilmember L. C. Metzner, the Mayor and City Council unanimously
             agreed by voice vote to approve the Water Services Agreement between
             the City of Hagerstown and the Town of Williamsport, Maryland. This
             agreement provides the Town of Williamsport with set allocations of bulk
             water purchases for an initial term of ten (10) years.

  P. Acceptance of Water Service Agreement with the Town of Funkstown,
Maryland

   Action:   On a motion duly made by Councilmember K. S. Cromer and seconded by
             Councilmember L. C. Metzner, the Mayor and City Council unanimously
             agreed by voice vote to approve the Water Services Agreement between
             the City of Hagerstown and the Town of Funkstown, Maryland. This
             agreement provides the Town of Funkstown with set allocations of bulk
             water purchases for an initial term of ten (10) years.

  Q. Acceptance of the Locating Services Contract Extension with Utilitquest,
LLC

  Action:    On a motion duly made by Councilmember K. B. Aleshire and seconded
             by Councilmember L. C. Metzner, the Mayor and City Council



                                          11
28TH REGULAR SESSION AND EXECUTIVE SESSION                               JULY 25, 2006
MAYOR AND CITY COUNCIL                                          HAGERSTOWN, MARYLAND
               unanimously agreed by voice vote to approve the locating Services
               Contract Extension with Utiliquest, LLC. The term of this extension will
               be in effect until June 3, 2007 and contains a 2.7% increase in the price of
               rendered services.

CITY ADMINISTRATOR’S COMMENTS

   Bruce Zimmerman, City Administrator, had no additional comments.

MAYOR AND COUNCIL COMMENTS

    Councilmember K. B. Aleshire would be in favor of discussing a leash law in
Hagerstown. He stated the incident at Washington Gardens was not the first or the last
negative occurrence. There was an individual who appeared before the Mayor and
Council who stated he would make great improvements there. He is failing to do so and
is failing the community. Councilmember Aleshire stated he gave support to this
individual with the intent he would be held accountable.

    Councilmember A. Parson-McBean stated she struggled with the situation at
Washington Gardens. She felt as though the group at Washington Gardens has let
Hagerstown down but realizes Hagerstown has let itself down, with increasing crime
rates. The group was willing to make a dilapidated complex better. The City supported
an entity that was willing to do structural things but crime is on the rise. She asked what
is being done by the governing body to ensure the police department is doing what it can
to curb the crime. The City is becoming an overly populated area. Hagerstown and this
body will continue to hold people accountable. She stated they need to be sure they are
not penalizing someone who is trying to make a difference.

   Councilmember L. C. Metzner encouraged people to attend the Music by the Lake
series. He fully supports the bike trail. He stated Hagerstown, like every place, has
crime and problems; but Hagerstown offers a standard of living that is not seen in other
communities. This is a wonderful place to live.

   Councilmember K. S. Cromer stated they need to promote the positive things the City
has to offer. When crime is mentioned in the newspaper people read it and think
Hagerstown is not a good place. She believes the City needs to discuss the situation at
Washington Gardens with Mr. Brown of Preservation of Affordable Housing (POAH)
and to receive an update on the use of the $ 5 million they were awarded. She believes
there is a management problem there. It appears things have gotten worse. Clients tell
her there are guns and drugs at Washington Gardens. Washington Gardens needs help to
make it a positive place.

   Councilmember P. M. Nigh stated Hagerstown is a lucrative place for drug deals.
More police officers are needed in order to be in strategic places. She informed everyone
that if a person is bitten by a dog, the owner of the dog and the owner of the property
could be liable.



                                            12
28TH REGULAR SESSION AND EXECUTIVE SESSION                           JULY 25, 2006
MAYOR AND CITY COUNCIL                                      HAGERSTOWN, MARYLAND


   Councilmember Parson-McBean mentioned the management at Washington Gardens
has not been changed. POAH purchased the buildings but did not take over the
management. Councilmember Nigh stated the cameras need to be installed. This is to be
completed within two months.

  Mayor R. E. Bruchey, II stated he is looking forward to discussing the Mayor and
Council’s goals next week.

  There being no further business to come before the Mayor and City Council, on a
motion duly made, seconded and passed, the meeting was adjourned at 8:33 p.m.

                                           Respectfully submitted,



                                           Donna K. Spickler, City Clerk

Approved:______________________




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