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HomeMy WebLinkAbout031007 October 7, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 a.m. by President Gregory I. Snook with the following members present: Commissioners James F. Kercheval and John C. Munson. 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. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Acting Human Resources Director, introduced new County employee Timothy Faulder (Water Quality Department). The Commissioners welcomed Mr. Faulder and wished him well in his new position. PROCLAMATION – JEAN WOODS Commissioner Snook presented a proclamation to Jean Woods, past Director of the Washington County Museum of Fine Arts, in appreciation for her dedication, loyalty, and artistic experience that has guided the Museum since 1982. They offered Ms. Woods their warmest congratulations on her retirement and recognized her contributions to the community. Ms. Woods thanked the Commissioners for the proclamation and for their support of the Museum over the years. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson proposed making mulch available at the landfill for Washington County residents at no charge for a two- week period in the spring. The Commissioners agreed to ask the Solid Waste Advisory Committee to review the suggestion and make a recommendation to them. Commissioner Kercheval reported on the Planning Commission meeting. Commissioner Snook read a letter from the principal at Williamsport High School thanking the County Commuter for their support. He reported on the meetings of the Foreign Trade Zone Commission, the Maryland Association of Counties Legislative Committee, and the Chamber of Commerce Board. (Commissioner Wivell arrived at the meeting at 9:37 a.m.) REPORTS FROM COUNTY STAFF Steve Goodrich, Interim Planning Director, reminded the Commissioners that the second public hearing on the comprehensive rezoning of rural areas is scheduled for October 8 at South Hagerstown High School. He informed the Commissioners that representatives of the Maryland Historical Trust informed him that the requirements to follow their guidelines would not be lifted if the grant funds were repaid for the improvements to the French Lane property. It was the consensus of the Commissioners to accept the grant with these conditions. Mr. Goodrich provided an update on the proposal for transferable development rights. The Commissioners discussed the revisions to the Adequate Public Facilities Ordinance (APFO) and agreed to schedule a public hearing on the evening of October 27 or 28 regarding the proposal. Joe Kroboth, Director of Emergency Services, explained the “hot/cold” dispatch system being implemented for emergency services. Mr. Kroboth stated that 18 instructors graduated from the Citizens Emergency Response Training course. He also reminded the Commissioners that activities for the second Citizens Emergency Preparedness Day would be held on November 15 at Robinwood Medical Center. Gary Rohrer, Director of Public Works, informed the Commissioners that he would be making a presentation to the local Delegation to the General Assembly on the loss of State highway user revenues and the impact of current State policy on the County. Mr. Rohrer requested authorization to negotiate with a local consultant for design of a pump station that would be needed in the Hopewell Valley Industrial Park area if it cannot be negotiated with the developer. He stated that the station needs to be designed immediately and there is not time to proceed through the usual OCTOBER 7, 2003 PAGE TWO process. The cost of the design would be passed along to developers and is estimated to be $30,000 to $35,000. Motion made by Commissioner Kercheval, seconded by Wivell, to authorize the Director of Public Works to negotiate with a local consultant to design a pump station for the next section of the Hopewell Valley Industrial Park, with costs to be reimbursed from future developments in the park. Unanimously approved. PROCLAMATION – DOMESTIC VIOLENCE AWARENESS MONTH Commissioner Kercheval presented a proclamation to Vicki Sadehvandi, Executive Director of CASA - Citizens Assisting & Sheltering the Abused, Inc., and Capt. Douglas Mullendore of the Sheriff’s Department, representing the Family Violence Council, designating October 2003 as Domestic Violence Awareness Month in Washington County and urging all citizens to strive to recognize, understand and respond to the needs of family violence victims within the community. Ms. Sadehvandi thanked the Commissioners for the proclamation. PROCLAMATION - DISABILITIES AWARENESS MONTH Commissioner Snook presented a proclamation to Peggy Martin, Pat McMillan, and Sondra Funk, representing the Disabilities Advisory Committee, designating the month of October 2003 Disabilities Awareness Week in Washington County. Ms. Martin thanked the Commissioners for their support. She noted the activities scheduled throughout the month to promote disabilities awareness in the community. CITIZEN OF THE MONTH – SCOTT SCHUBEL The Commissioners honored attorney Scott Schubel as the Citizen of the Month for September 2003. Commissioner Wivell presented him with a certificate of merit for his active participation on the Water Quality Advisory Commission and his pro bono legal services to help facilitate the goals of Washington County government. Mr. Schubel thanked the Commissioners for the honor. COMMISSIONERS REPORTS AND COMMENTS – CONTINUED Commissioner Wivell stated that he received a report on the condition of groundwater in Washington County from Laurie Bucher, Director of the Environmental Health Division of the Health Department, and recommendations on ways to improve water quality in the area. CERTIFICATE OF MERIT – HOUSING AUTHORITY OF WASHINGTON COUNTY Commissioner Munson presented a Certificate of Merit to Richard Willson, Executive Director of the Housing Authority of Washington County, and Housing Authority employees Tianna Hart and Bill Rogers, in recognition of their having received the designation of HUD-Higher Performer from the Public Housing Assessment System. The Housing Authority received the PHAS score of 96. Mr. Willson explained how the scoring is calculated and thanked the Commissioners for the award. CITIZENS PARTICIPATION Tom Lynch, counsel for the Glen Erin project, stated that his client is attempting to meet the County’s October 31 deadline and requested that the Commissioners consider approving the project independent of the Zoning Ordinance. He stated that the approval of water and sewer service from the City is tied to the Urban Growth Area boundary. Mr. Lynch indicated that Howard Payne would also be asking for an extension of deadline for his development. Robin Biser, representing the Cascade Committee and the Chewsville, Leitersburg, Smithsburg Youth Athletic Organization, Inc. (“CSL”), asked if consideration of the lease for the gymnasium could be included on PenMar Development Corporation’s October 13 agenda. Richard Douglas, County Attorney, stated that it is his understanding that this issue would be included on their agenda. George Michael asked about the “ground rules” for speaking at the public hearing on October 8. Commissioner Snook outlined the procedures. OCTOBER 7, 2003 PAGE THREE SUB-LEASE OF GYMNASIUM AT FORT RITCHIE Richard Douglas, County Attorney, presented two draft subleases for the Commissioners’ consideration for the gymnasium and parade grounds at Fort Ritchie. The County would sublease the property from the PenMar Development Corporation and then sublease it to C.S.L. (Chewsville, Leitersburg, Smithsburg) Youth Athletic Organization, Inc. (“CSL”) for $1/year, with CSL to pay all costs for improvements, maintenance, and utilities. He stated that the facility must be brought into compliance with all applicable laws and codes including ADA requirements. The Commissioners reviewed the terms of the leases and agreed that the parade grounds should be removed. They agreed that CSL should also document any improvements made in the event that a future economic development project would terminate the lease so that CSL would have the ability to apply for reimbursement on a pro-rated basis. The Commissioners agreed that they would consider reimbursing CSL if this would occur. Motion made by Commissioner Wivell, seconded by Munson, to approve the leases, as revised, to sublease the gymnasium from the PenMar Development Corporation and then to sublease it to C.S.L. Youth Athletic Organization, Inc. until May 28, 2008. Unanimously approved. FINAL CHANGE ORDER – PRYS MILL/KEEDYSVILLE ROAD BRIDGE PROJECT Motion made by Commissioner Wivell, seconded by Munson, to approve the final change order for a decrease of $47,114.76 for adjusted quantities with Building Systems, Inc. for the close- out of the Prys Mill/Keedysville Road Bridge project. Unanimously approved. PURCHASE OF PROPERTY AT AIRPORT Motion made by Commissioner Kercheval, seconded by Wivell, to approve the option agreement to purchase two properties from Anthony Bagley, which are needed for the Airport Runway Extension Project Phase II, for $206,000, plus the additional costs associated with the relocation and closing. Unanimously approved. RE/APPOINTMENTS – PLUMBING BOARD Motion made by Commissioner Munson, seconded by Wivell, to reappoint Charles Semler, G. Clair Baker, Jr., and David Hutzler (alternate) to the Washington County Plumbing Board for three- year terms. Unanimously approved. REAPPOINTMENTS – ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Kercheval, seconded by Munson, to reappoint Julie Barr-Strasburg and James Taylor to the Advisory Commission to the Board of Health for three-year terms. Unanimously approved. APPOINTMENT – HOUSING REHABILITATION LOAN COMMITTEE Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Larry Bayer to the Housing Rehabilitation Loan Committee to fill an existing vacancy. Unanimously approved. UPDATE – CREATION OF COUNTYWIDE EMERGENCY SERVICES FEE STRUCTURE Jason Baer, President of the Washington County Volunteer Fire & Rescue Association (WCVFRA), and Joe Kroboth, Director of Emergency Services, met with the Commissioners regarding the request made by the WCVFRA on September 9 for support of a proposal to the State Delegation to the General Assembly for enabling legislation for a countywide emergency services fee structure. Mr. Baer proposed that the Commissioners appoint a task force to evaluate the details and report to them. The Commissioners discussed the proposal and posed additional questions to Mr. Baer. Commissioner Kercheval stated that he was in favor of proceeding to request enabling legislation. Commissioners Snook, Wivell, and Munson felt that it is premature to ask the Delegation for enabling legislation before they receive a recommendation from the task force appointed to research the issue and obtain input from the public. Commissioner Snook stated that a plan should be in place before they present a request to the Delegation. It was the consensus of the Commissioners to support the appointment of a task force to research the issues and make a recommendation to them. OCTOBER 7, 2003 PAGE FOUR They agreed to include it in the package of requested legislation for discussion and vote on whether to submit it to the Delegation for consideration. RECESS - EQUIPMENT DEMONSTRATION – WEAPONS OF MASS DESTRUCTION/TERRORISM RESPONSE EQUIPMENT The Commissioners recessed at 11:35 a.m. in order to view various equipment and personal protective clothing used for response to weapons of mass destruction and terrorism events. The Department of Emergency Services has acquired the equipment through grant funding. ANNUAL LUNCHEON – WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND YOUTH The Commissioners attended the annual luncheon sponsored by the Washington County Community Partnership for Children and Youth. AFTERNOON SESSION The afternoon session was called to order at 1:33 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval and John C. Munson. CONTRACT EXTENSION – INTAKE/CRISIS INTERVENTION SERVICES Motion made by Commissioner Munson, seconded by Wivell, to renew the contract with the State Department of Juvenile Justice for the Juvenile Community for Night Intake Services ($33,441) for a one-year period. Unanimously approved. BID AWARD – SNOW REMOVAL EQUIPMENT Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for snow removal equipment to the lowest responsive, responsible bidders as follows: One (1) articulating rubber tire loader, diesel engine, four-wheel drive, with ramp blade and snow basket - Standard Equipment Company for $210,446; and One (1) dump truck (medium duty) with snow plow – Freightliner of Harrisburg for $99,211 with extended basic warranty. Unanimously approved. APPOINTMENT – SOLID WASTE ADVISORY COMMITTEE Motion made by Commissioner Munson, seconded by Wivell, to appoint John Cohill to the Solid Waste Advisory Committee for a three-year term and to reappoint Kenneth Conway for a three-year term. Unanimously approved. APPROVAL OF MINUTES – SEPTEMBER 30, 2003 Motion made by Commissioner Munson, seconded by Kercheval, to approve the minutes of September 30, 2003 as submitted. Motion carried with Commissioners Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” (Commissioner Nipps arrived at the meeting at 1:49 p.m.) CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Kercheval, to convene in closed session at 1:49 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with counsel to obtain legal advice, and to consider a matter that concerns a proposal for a business or industrial organization 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 Nipps, seconded by Wivell, to reconvene in open session at 3:32 p.m. Unanimously approved. In closed session, the Commissioners discussed five (5) personnel matters that affect one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters and considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, OCTOBER 7, 2003 PAGE FIVE Doris J. Nipps, and John C. Munson. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas; County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Ted Wolford, Highway Superintendent; Gary Rohrer, Director of Public Works, Jack Reynard, Fleet Manager at the Highway Department; Brian Overcash, Safety Administrator; David Hankinson, Director of Human Resources; and Debbie Elliott, Third Party Administrator for Crawford & Company. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Munson, to adjourn at 3:32 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk