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March 27, l990
Hagerstown, Maryland 2l740
The Regular Meeting of the Board of County Commissioners of Washington County was
called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following
members present: Vice President Linda C. Irvin, and Commissioners R. Lee Downey,
Richard E. Roulette and John S. Shank.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Bowers, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
PROCLAMATION - CANCER CONTROL MONTH
Commissioner Bowers read and presented a proclamation to Dr. Harold Gist, President
of the Washington County Unit of the American Cancer Society, naming April l990 as
Cancer Control Month in Washington County. Dr. Gist expressed his appreciation for
the proclamation and informed the Commissioners that they will be conducting an
educational campaign during the month of April.
ESTABLISHMENT OF AGRICULTURAL PRESERVATION DISTRICTS
Eric Seifarth, Associate Planner - Agricultural Land Preservation, appeared before
the Commissioners to present two applications for establishment of Agricultural
Land Preservation Districts. Mr. Seifarth noted that the Planning Commission and
the Washington County Agricultural Land Preservation Advisory Board have
recommended both of these applications for approval.
Application AD-90-l, submitted by Charles and Maureen Emswiler, contains l00 acres
and is located off Route 66, l/4 mile from its intersection with Mt. Aetna Road.
Mr. Seifarth added that the property is zoned Agriculture and contains 97% of Class
I, II, and III soils. MOTION made by Commissioner Roulette, seconded by Shank, to
recommend approval of Application AD-90-l, submitted by Charles and Maureen
Emswiler, for the establishment of an Agricultural Land Preservation District to
the State of Maryland as presented. Unanimously approved.
Application AD-90-2, submitted by Howard and Ann Corcoran, for establishment of an
Agricultural Land Preservation District, contains l40 acres of land located one
mile east of Sharpsburg, is zoned Agriculture, and has 82% Class I, II and III
soils. Mr. Seifarth stated that he has received 3 letters in support of this
application. MOTION made by Commissioner Roulette, seconded by Irvin, to recommend
approval of Application AD-90-2, submitted by Howard and Ann Corcoran, for the
establishment of an Agricultural Land Preservation District to the State of
Maryland, as presented. Unanimously approved.
APPROVAL OF MINUTES - MARCH l3, l990
Motion made by Commissioner Irvin, seconded by Downey, to approve the minutes of
MARCH 27, l990
MINUTES, CONT'D.
CDA - HOUSING BOND AUTHORITY
Motion made by Commissioner Roulette, seconded by Irvin, to transfer to the
Community Development Administration, for use in issuing housing bonds on behalf of
this jurisdiction, $2,093,704 of the $3,096,887 tax-exempt bond allocation for
Washington County as set forth in the l990 allocation of the Maryland State
Ceiling. Unanimously approved.
BOARD/COMMISSION REPORTS
Commissioner Irvin reported on the Women's Fair; Commissioner Downey reported on
the Fire & Rescue Advisory Board meeting; and Commissioner Shank reported on the
Transportation Advisory Committee meeting.
SUPPLEMENTAL ADMINISTRATIVE RESOLUTION - WETTERAU PROPERTIES, INC.
Neil Hoffberg and Laura Nicole, representing Mercantile-Safe Deposit and Trust,
appeared before the Commissioners to request their approval of a Second Assumption
and Modification Agreement from Wetterau, Inc. to Wetterau Properties, Inc., and a
Supplemental Administrative Resolution concerning the Industrial Revenue Bond which
was loaned to The Creasey Company. Mr. Hoffberg explained that The Creasey Company
merged with Wetterau, Inc. in l985, who assumed all obligations and liabilities of
The Creasey Company. Ralph France, County Attorney, stated that he has reviewed
the agreement and approved it for legal sufficiency.
Motion made by Commissioner Roulette, seconded by Irvin, to approve and execute the
Second Assumption and Modification Agreement and Supplemental Administrative
Resolution with Wetterau Properties, Inc. Unanimously approved. (A copy of the
Resolution and Agreement is attached.)
ANIMAL ORDINANCE REVIEW
Ralph France, County Attorney, reviewed the Animal Ordinance and informed the
Commissioners that the public hearing for this has been scheduled for April l7 at
ll:l5 a.m. Proposed amendments to the new ordinance were discussed by the
Commissioners.
INTENTION TO CONVEY PROPERTY - JOHN & VICKIE MERRBAUGH
Motion made by Commissioner Roulette, seconded by Irvin, to approve the conveyance
of all its right, title and interest in a parcel of land consisting of 2.9 acres,
located off Jamison Circle in the Washington County Industrial Park, to John and
Vickie Merrbaugh, who have agreed to pay the Board of County Commissioners $l0,000,
and to accept a 50' x 250' section of real estate located along the west side of
West Place, as described in a deed recorded in Liber 869, folio 669 among the Land
Records of Washington County. The Motion to transfer the 2.0 acre parcel and to
accept the 50' x 250' parcel was unanimously approved.
MOSQUITO CONTROL AGREEMENT
Motion made by Commissioner Downey, seconded by Roulette, to enter into an
agreement with the State of Maryland, Department of Agriculture, for mosquito
control in the areas specified in Washington County for the total proposed working
budget of $2,290 for calendar year l990. Unanimously approved.
VEHICLE REPLACEMENT - PARKS DEPARTMENT
Motion made by Commissioner Shank, seconded by Roulette, to authorize the Parks
Department to proceed in replacing a vehicle under the County's present agreement,
in the amount of $l2,2l8, with funds to be taken from the Fund Balance and to
reduce the budget amount requested for next year by like amount. Unanimously
approved.
PROCLAMATION - STATE WOMEN'S HALL OF FAME
Commissioner Irvin presented a proclamation to Barbara Fetterhoff, President of the
Washington County Commission for Women, naming March 27, l990, as Mary Leimist
Titcomb Day in Washington County. Ms. Fetterhoff explained that Mary Titcomb is
the first woman from Western Maryland to be selected for induction into the State
Women's Hall of Fame. She also added that many County residents are not aware that
Mrs. Titcomb initiated the first bookwagon program in the nation, which is now
known as the bookmobile, and also started classes for librarians.
FY l99l REVENUE BUDGET
James Young, Director of Finance, presented the FY l99l Revenue Budget, which
summarizes revenues and expenditures for the l989-90 fiscal year and an estimation
of revenues necessary to fund the FY l99l budget. He presented four projections or
income tax percentage increases and the funding this would produce.
MARCH 27, l990
MINUTES, CONT'D.
AWARD OF RFP - TELEPHONE EQUIPMENT
Karen Luther, Purchasing Agent, and Barbara Mank, Consultant from Integrated
Systems Planning, Inc., appeared before the Commissioners to present a comparison
of vendor proposals submitted for the telephone equipment for County offices. Ms.
Mank informed the Commissioners that of the four vendors who submitted proposals,
only Lanier met all specifications of the proposals, and she noted the deficiencies
of the companies not meeting those specifications by the consultant. The
consultant recommended acceptance of the Lanier proposal.
Motion made by Commissioner Irvin, seconded by Roulette, to accept the low,
responsible proposal, meeting specifications, submitted by Lanier Business Products
Center, for a five-year lease/purchase plan for telephone equipment for County
buildings for a total monthly cost of $3,783.56. Unanimously approved. The
Commissioners did not accept the other proposals because they were deemed non-
responsive.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Irvin, seconded by Shank, to convene in Executive
Session at ll:50 a.m. in regard to personnel, property and to confer with the
County Attorney, in accordance with Section l0.508 of the State Government Article
of the Annotated Code of Maryland. Unanimously approved.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Roulette, seconded by Shank, to reconvene in Regular
Session at l:05 p.m. Unanimously approved.
EMPLOY - MAINTENANCE MAN I - PARKS
Motion made by Commissioner Irvin, seconded by Shank, to employ Clifton Barnhart as
Maintenance Man I in the Parks Department to fill an existing vacancy. Unanimously
approved.
BRIDGE REPAIR PROJECTS
Motion made by Commissioner Irvin, seconded by Roulette, to accept the
recommendation of the Coordinating Committee to award the contract for the l990
County bridge repair program to Associated Engineering Sciences, Inc., who
submitted the low proposals for Contract A - $33,600, Contract B - $32,300, and
Contract C - $40,500, with a $5,000 credit for accepting all three proposals.
Unanimously approved.
ADVANCE FUNDING & COMPUTER EQUIPMENT - SANITARY COMMISSION
Louise Fahrney, Chairperson of the Sanitary Commission, and Vicky Mallott,
Administrative Assistant, along with other Sanitary Commission members, appeared
before the Commissioners to request that their payment to the County for computer
equipment purchased by the County government for them two years ago, be credited by
$23,233 for hardware. This figure represents the depreciation credit cost from the
time the equipment was purchased. Ms. Fahrney explained that this would reduce the
total amount from $93,2l9.54 to $58,369.72. The Commissioners took this matter
under advisement at this time.
Ms. Fahrney also advised the Commissioners of the funds needed for start-up costs
for the following projects: Highfield/Cascade/Pen Mar Sewer - $420,000; Sandy Hook
Water - $l07,000; Sandy Hook Sewer - $lll,000; and Pen Mar Water - $ll5,000, for a
total cost of up to $753,000. She told the Commissioners they would be able to
reimburse them based on the grant monies which will be received. The Commissioners
discussed various options for this payment.
Motion made by Commissioner Roulette, seconded by Irvin, to advance up to $753,000,
to the Sanitary Commission, interest free, for start up monies for the
Highfield/Cascade/Pen Mar Sewer project, the Sandy Hook Water Project, the Sandy
Hook Sewer Project and the Pen Mar Water Project, to be paid as invoiced, with the
condition that grant monies are paid to the County as reimbursement when received.
Unanimously approved.
MARCH 27, l990
MINUTES, CONT'D.
HALFWAY HOUSE
Wiley Rutledge, Assistant Public Defender, and Margaret Widdell, a member of the
Board of Directors of the "W" House, met with the Commissioners to express their
concerns regarding the need for more halfway house facilities in the County. Mr.
Rutledge stated that he estimates that 80-90% of his cases are drug or alcohol
related and, after they complete the Jail Substance Abuse Program and are released,
they need a structured environment to help stay drug free. Mr. Rutledge suggested
possible funding of the "W" House and informed the Commissioners that this would
cost less money per day than incarceration at the Detention Center. The
Commissioners took this matter under advisement at this time.
RECESS
The Meeting was recessed at 2:20 p.m.
EVENING SESSION
The Evening Session was convened at 7:00 p.m. in the Smithsburg Town Hall by the
President Ronald L. Bowers, with the following members present: Vice President
Linda C. Irvin and Commissioners R. Lee Downey and Richard E. Roulette. Also
present were Smithsburg Mayor Paul Boswell and Councilmembers John O'Neal, Mildred
Myers, Milton Lawyer and Charles Slick and Funkstown Mayor Robert Kline.
Barry Teach, Administrator, stated that pursuant to Article 8l of the Annotated
Code of Maryland, the Commissioners must meet annually with each municipality to
discuss a payment-in-lieu program or tax differential program. He added that the
formula for payment is based upon highways, parks, and police service, which the
County would have to provide if the Towns did not. Mr. Teach informed them that
Smithsburg's payment is estimated to be $l2,262 for this fiscal year and that
Funkstown's payment is estimated at $4,732, but that these figures are subject to
audit.
The Commissioners discussed the recycling program and Mr. Teach informed them that
a proposal will be going out to determine how a County-wide curbside pick-up
program as well as drop off stations could be implemented by the private sector.
He also offered to make the County's recycling trailer available to the Towns to
collect recycling materials. Both municipalities expressed interest in the
program.
Other items discussed were improvements to the Smithsburg/Leitersburg Road, the
proposed Funkstown by-pass, the grid numbering system and water/sewer capacity.
The Meeting was adjourned at 7:40 p.m.
County Attorney
, Clerk