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HomeMy WebLinkAbout901030 October 30, l990 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners 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. MARYLAND, YOU ARE BEAUTIFUL AWARDS Paulette Sprinkle, Community Coordinator, introduced the recipients of the 4th Annual Maryland, You Are Beautiful Program which recognizes local unsung heros who make the community a better place. Ms. Sprinkle noted that the Grand Winners will travel to Annapolis to represent Washington County at a private Governor's reception in the Rotunda of the Maryland State House and at public ceremonies at St. John's College. Commissioner Roulette presented a plaque to Fred and Shirl Cialli, who were the Grand Winners. Mr. & Mrs. Cialli are retired and use their time to help the community in numerous activities including being RSVP volunteers at Hagerstown Junior College, volunteering at Community Action County, Hospice and St. John's Lutheran Church. Mr. Cialli thanked the Commissioners for the award and introduced Doug and Janet Thomas who nominated them for the award. Commissioner Downey presented a plaque to first runner-up, George Wagner, who is chairman of Local l7l UAW Mack Truck Retirees and who works as a volunteer at the Western Maryland Center and is active at St. Ann's Catholic Church. Mr. Wagner also volunteered his time and skills in refurbishing the projection room at the Maryland Theatre. Commissioner Irvin presented a plaque to Amanda Barnhart who nominated second runner-up, Jim Klein. Mr. Klein serves as Director of the YMCA After School Day Care Center Program and as Day Camping Director. OCTOBER YOUTH OF THE MONTH - KRISTEN KELLER Commissioner Shank presented the October l990 Youth of the Month award to Kristen Keller, as recommended by the Children's Council. Commissioner Shank noted Kristen's achievements and involvement in school, community and church activities. Kristen thanked the Commissioners for the award and introduced her mother and Gary Bachman, Youth Director at Trinity Lutheran Church, and thanked them for their support. CERTIFICATE OF MERIT - ROBERT STORER Commissioner Irvin presented a Certificate of Merit to Robert Storer, Past President of the Children's Council, in appreciation for his devotion to issues involving children and youth and for helping to educate the public on these issues. RESOLUTION OF APPRECIATION - W. RAY HARNER, JR. Commissioner Bowers presented a Resolution of Appreciation to Officer W. Ray Harner, Jr., of the Department of Natural Resources Police, for helping to implement the river safety program. Commissioner Bowers stated that Officer Harner stepped forward to work with the community to assure that lives were not lost unnecessarily. The Resolution also commended him for his devotion and professionalism. BID AWARD - RENOVATIONS TO COUNTY OFFICE BUILDING Motion made by Commissioner Downey, seconded by Shank, to award the bid for renovations to the County Office Building to Perini Construction Company, who submitted the low base bid of $29,800 plus an Alternate of $l0,500 for lowering sprinkler heads, for a total bid of $40,300, and to transfer an additional $l5,500 from the Capital Contingency Fund for this project. Unanimously approved. LEITERSBURG/SMITHSBURG ROAD - OPTION AGREEMENT Motion made by Commissioner Roulette, seconded by Shank, to approve the Option Agreement with Harlan and Patricia Barnes for l6,596 sq. ft. in fee simple, 500 sq. ft. in perpetual easement and l55 sq. ft. in revertible easement for the total amount of $6,500, and to approve an Option Agreement with James and Carol Harmon for 3,488 sq. ft. for the price of $2,000. Unanimously approved. OCTOBER 30, 1990 MINUTES, CONT'D. JOINT PUBLIC HEARING - REZONING TEXT AMENDMENTS RZ-452 AND RZ-453 A Joint Public Hearing was convened with the Planning Commission at 9:45 a.m. in order to hear testimony on Rezoning Text Amendments RZ-452 and RZ-453. Planning Commission members present were Donald Zombro, Chairman, Carol Johnson and Bernard Moser. James Brittain, Executive Director of the Planning Department, was also in attendance. Barry Teach, Administrator, presented both RZ-452 and RZ-453 for the Commissioners' review. Mr. Teach explained that RZ-452 amends Section 4.l5 of the Zoning Ordinance to provide that eight (8) children under the age of l3 may be cared for in a family day care home. This would make the County Ordinance consistent with newly adopted State regulations. Mr. Teach reviewed RZ-453, which would add Section 4.l8 - Nursery Schools and Child Care Centers, which provides that registered nursery schools or child care centers be considered an incidental, accessory use for any business located in the BT, BL, BG, IT, IR, IG, AP, PB, PI and PUD and HI districts. The hearing was then opened for public comment. Hope Dalgleish, Department of Human Resources, spoke in favor of the amendment but asked that the word "registered" be changed to "licensed" in RZ-452. Debra Reles and Lem Swope also spoke in favor. No one was present to speak in opposition. The Hearing was closed at 9:55 a.m. and Mr. Zombro noted that the record will remain open for ten days in order to receive written testimony. APPROVAL OF MINUTES - OCTOBER 16, 1990 Motion made by Commissioner Irvin, seconded by Downey, to approve the minutes of October l6, l990, as submitted. Unanimously approved. APPOINTMENTS - VISITORS & CONVENTION BUREAU Motion made by Commissioner Irvin, seconded by Roulette, to appoint Tess Giannaris as the Sheraton Inn's representative on the Advisory Board of the Visitors & Convention Bureau and to appoint Kevin Smoot, Michael Barnhart, Jack Snyder and Cathy Messaros, to the Executive Board of the Visitors & Convention Bureau. Unanimously approved. BID RENEWAL - UNIFORMS - SHERIFF'S DEPARTMENT Motion made by Commissioner Roulette, seconded by Shank, to approve a one-year renewal of the contract with Hoffman Clothiers for supplying uniforms for the Sheriff's Department, with a cap on the increase of 4%. Unanimously approved. FISCAL YEAR 1989-1990 AUDIT REPORT Michael Manspeaker, representing Smith, Elliott, Kearns & Company, who performed the Fiscal Year l989-90 audit for Washington County, appeared before the Commissioners to present the audit report. Mr. Manspeaker stated that the audit contains financial information concerning all component units of County government, including the Board of Education, Housing & Community Development, the Sanitary District and Black Rock Golf Course. Mr. Manspeaker first reviewed the General Fund Budget and stated that $2.l million in revenues were received in excess of the budget and that expenditures were $365,000 over budget. He stated that basically it was a "break even" year and that expenditures were very well managed and controlled. He also informed the Commissioners that the Fund Balance, which is a measure of financial stability, is virtually unchanged from last year at $7.l million. Mr. Manspeaker noted that 6l% of the budget went toward education. Mr. Manspeaker then reviewed the Special Revenue Funds, which have excess revenues of $l.2 million after operating transfers, and Capital Projects with a fund balance of $l2.5 million. The Enterprise Zone funds show the Regional Airport breaking even and Black Rock Golf Course showing a profit of $65,000 after its first full year of operation. Mr. Manspeaker then reviewed his firm's recommendations and comments. When asked to summarize the general financial condition of the County, Mr. Manspeaker stated that it is consistent, steady and sound and the key factor is maintaining the fund balance at a healthy level. OCTOBER 30, 1990 MINUTES, CONT'D. TRANSFER OF FUNDS - HAGERSTOWN JUNIOR COLLEGE - CAPITAL PROJECTS Motion made by Commissioner Roulette, seconded by Shank, to transfer $4,8l2 from Project 40-5-1710-581-023, $8,050 from Project 40-5-1710-581-031, 93-02, and $4,500 from Project 40-5-1710-581-033, 9l-06, to Reprographic Services (40-5-1710-581-018, 88-04). Unanimously approved. TAX CREDITS - RURITAN/CIVIC ORGANIZATIONS Motion made by Commissioner Roulette, seconded by Irvin, to approve tax credits in accordance with Tax Property Article - Title 4-40l of the Annotated Code of Maryland for the following Ruritan and Civic Organizations as recommended by the County Treasurer: Ruritan Club of Rohrersville - $73l.02; Leitersburg Ruritan Club - $50l.l9; Antietam-Dargan Ruritan Club I - $590.86; Ruritan Club, Inc., District l2 - $72l.43; Ruritan Club, Maugansville - $l,783.66; Ruritan Club, Maugansville - $5.ll; Ruritan Club, Inc., Ringgold - $489.26; Civic Organization Dist. l5 - $736.34; Herman A. Lewis Trust, Chewsville Comm. - $l,59l.54; Ruritan Club of Downsville - $95l.26; Ruritan Club, Inc., Downsville - $l42.7l; Wilson Foundation, Inc. - $l,375.98; Tammany Van Lear Civic Association - $260.50; and Rohrersville Ruritan Club, Inc. - $l,l0l.85. Unanimously approved. PAYMENT IN LIEU OF TAXES Motion made by Commissioner Roulette, seconded by Irvin, to approve payments in lieu of taxes for Greenwald Enterprises (The Handleman Corporation) in the amount of $6,884.70 and Chautauqua Airlines in the amount of $234.5l, in accordance with the Agreement that they make a payment to Washington County equivalent to these property tax credits, based on assessed value. Unanimously approved. ENTERPRISE ZONE PROPERTY TAX CREDITS Motion made by Commissioner Shank, seconded by Roulette, to approve property tax credits for Enterprise Zones, as submitted by the County Treasurer, for Vincent Groh in the amount of $3,865.0l, and for the Tandy Corporation in the amount of $8,254.22. Unanimously approved. SUBDISTRICT BOUNDARY ADJUSTMENTS - SANITARY DISTRICT Lynn Palmer, Executive Director of the Sanitary District, and Vicky Mallott, Administrative Assistant, appeared before the Commissioners to discuss revising subdistrict boundaries for the entire Sanitary District. Mr. Palmer stated that they have worked closely with the Planning Commission to make sure these subdistricts coincide with the Water & Sewer Plan. Mr. Palmer presented maps and explained the new subdistrict boundaries. Motion made by Commissioner Roulette, seconded by Irvin, to approve Resolutions creating Subdistrict #20 - Administrative Infrastructure, and Resolutions revising the boundaries for Subdistrict #l - Halfway Sewer; Subdistrict 4-l - Sharpsburg/Keedysville Sewer; Subdistrict No. 5 - Potomac Sewer; Subdistrict No. 5- l - Cloverton/Greenlawn Sewer; Subdistrict No. 6 - Fountainhead sewer; Subdistrict No. l4 - Sharpsburg Pike Sewer; Subdistrict No. l5 - Maugansville/Orchard Hills Sewer; Subdistrict No. l8 - Conococheague Sewer; Subdistrict No. l9 - Sandy Hook Sewer; and Subdistrict l9-l - Sandy Hook Water. Unanimously approved. HIGH ROCK HANG GLIDING ASSOCIATION Raean Permenter and Jerry Neilsen, members of the High Rock Hang Gliding Association, met with the Commissioners to discuss their proposal to lease High Rock. Mr. Neilsen then showed a video-tape about the Association. He and Ms. Permenter presented documentation of proper insurance coverage and stated that the County would be absolved of all liability. David Emmert, President of the Parks Board, and Edith Sweigert, Parks Administrator, attested to the fact that the High Rock Hang Gliding Association members have been responsible users of the area and they endorse their proposal to lease High Rock. Ms. Sweigert noted that there have been problems with vandalism at the site and this could possibly help to eliminate these incidents. Ms. Sweigert also stated that they checked with Program Open Space officials and they have no objections to this proposal. Motion made by Commissioner Roulette, seconded by Irvin, to proceed in having a lease agreement drawn up with the High Rock Hang Gliding Association for lease of High Rock, pending a satisfactory agreement with the County Attorney. Unanimously approved. MINER AVENUE - FLOODING PROBLEMS Louis and Robin Mastiano, who reside on Miner Avenue, presented a video tape of the flooding problems they experienced at their residence from the storm which occurred on October l2. Commissioner Bowers questioned if the County has liability for this OCTOBER 30, 1990 MINUTES, CONT'D. damage. Mr. Teach, Administrator, stated that it is the County Attorney's opinion that the County does not have liability but the Personnel & Insurance Director may have information which conflicts with this opinion. Terry McGee, County Engineer, reviewed the findings and informed the Commissioners that the State Department of the Environment, Sediment and Erosion Control Division, is reviewing the matter at this time. The Commissioners asked that the County Personnel & Insurance Director meet with the County Attorney to determine if the County is responsible for paying for damages to Mr. & Mrs. Mastiano's property. RECESS The Commissioners recessed the Meeting at l:20 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at l:35 p.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda Irvin, and Commissioners R. Lee Downey, Richard E. Roulette, and John S. Shank. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Shank, to convene in Executive Session at l:35 p.m., in regard to personnel, property and legal matters, 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 Shank, seconded by Irvin, to reconvene in Regular Session at l:55 p.m. Unanimously approved. EMPLOY - PART-TIME CUSTODIAN I Motion made by Commissioner Irvin, seconded by Downey, to employ Ricky Shupp as Part-time Custodian I, to fill an existing vacancy. Unanimously approved. RECLASSIFICATION - PARKS DEPARTMENT Motion made by Commissioner Irvin, seconded by Roulette, to reclassify the Maintenance Man I position at the Parks Department from Part-time to permanent, Full-time. Unanimously approved. APPOINTMENT - HISTORICAL ADVISORY COMMITTEE Motion made by Commissioner Shank, seconded by Downey, to appoint Thomas Clemens to the Historical Advisory Committee. Unanimously approved. ADJOURNMENT - TOUR OF GOODWILL INDUSTRIES The Commissioners adjourned at 2:00 p.m. to attend a tour of Goodwill Industries. County Attorney , Clerk