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February 26, l99l
Hagerstown, Maryland 21740
The Commissioners presented service pins to those employees in the Engineering
Department, Permits & Inspections, and the Planning Department, who have been
employed by the County for five years or more.
The Regular Meeting of the Board of County Commissioners of Washington County was
called to order at 9:00 a.m. by the President Richard E. Roulette, with the
following members present: Vice President Ronald L. Bowers and Commissioners Linda
C. Irvin-Craig, John S. Shank and Gregory I. Snook.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Jamie Shyda, Recreation Specialist, followed by the
Pledge of Allegiance to the Flag by the full assemblage.
ENDORSEMENT OF LETTER - YOUNG LIFE OF WASHINGTON COUNTY
The Commissioners provided their endorsement of a letter congratulating Young Life
on its 5lst anniversary and commending them for their activities promoting
spiritual and moral development in our youth.
INSPECTION RECOMMENDATIONS
Gary Rohrer, Chief, Division of Planning and Codes Administration; Paul
Prodonovich, Director of Permits & Inspections; Ed Parker, Plumbing Inspector; and
Mike Waugh, Chairman of the Plumbing Board, met with the Commissioners to present
recommendations they would like to see instituted with regard to inspection
policy. Mr. Prodonovich said they would like inspectors to be authorized to issue
civil citations for violations of the Plumbing and Building Codes and for work
being done without a permit or by an unlicensed individual. Ralph France, County
Attorney, stated that the current procedure is to file charges in District Court
for a violation, and the change recommended could possibly alleviate the need for
many of the court cases.
Mr. Prodonovich presented the second recommendation which would be to require
homeowners to take a basic plumbing test to obtain a permit to perform plumbing in
their home. Mr. Parker informed the Commissioners that 7 out of every l0
homeowners who takes out a permit does not do the work but has an out-of-state,
unlicensed plumber or friend perform the work and the Plumbing Inspectors must make
repeated call backs to have the work meet Code standards. Commissioner Roulette
suggested increasing the fee for call backs to help reduce the number of times the
inspector must return to inspect the work. Mr. Waugh stated that the Plumbing
Board members unanimously support the recommended changes.
The Commissioners asked Mr. Prodonovich to develop a program regarding issuance of
citations to see what it would entail and if it is feasible for his department and
requested Mr. Parker to get more information for the Commissioners to consider
regarding the homeowners test.
BGS&G RECOMMENDATIONS - HEALTH INSURANCE
Alan Davis, Director of Personnel & Insurance, and Edward Wuenschell of BGS&G,
presented their recommendations from the study performed by BGS&G for health
insurance benefits for County employees. Mr. Davis stated that BGS&G is
recommending that, if a managed care benefit is not available, the County take an
indemnity approach to the health insurance position and offer a high option/low
option program. He explained that the high option program would consist of basic
benefits, major health care, prescription drug care, and dental and vision care.
The low option program would offer basic coverage with the option of purchasing
additional benefits. Mr. Davis also explained that an employee contribution would
be required for both plans. BGS&G estimates that l5% of employees or their
dependents will opt out of the program if these plans are instituted which could be
an annual savings of $500,000-$750,000. Mr. Wuenschell noted that they should know
if a managed care program will be available for Washington County employees in the
near future. The Commissioners gave their approval to move forward in concept with
Phase II as outlined, with an implementation date of September l.
PUBLIC HEARING - CLOSING CONNECTOR ROAD BETWEEN ANTIETAM DRIVE & EASTERN
BOULEVARD
Commissioner Roulette convened the public hearing at l0:ll a.m. to consider
permanently closing the unnamed connector road between Antietam Drive and Eastern
Boulevard as requested by the Klick family. Mr. France, County Attorney, stated
that he received a letter from CSX Transportation which indicated that they intend
to close the railroad crossing at Antietam Drive, as was requested by Stanley
Klick. Mr. France noted that the County has received numerous letters in
opposition to closing this connector road. Commissioner Roulette then opened the
FEBRUARY 26, l99l
MINUTES, CONT'D.
meeting for public comment. Donald Klick, Paul Klick and David Roberts spoke in
favor of the proposed closing. Jane Price spoke in opposition. The hearing was
closed at l0:30 a.m., and Commissioner Roulette announced that the record would be
held open for ten (l0) days in order to receive any additional written comments.
APPROVAL OF MINUTES - FEBRUARY 12, 1991
Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the minutes
of February l2, l99l, as corrected. Unanimously approved.
LEASE AGREEMENT - LANDIS ROAD PROPERTY
Motion made by Commissioner Snook, seconded by Shank, to renew the lease for l5
acres of land located on Landis Road to Scott Robinson for $l50 with the condition
that he use the property for agricultural purposes only and will be solely
responsible for the control of noxious weeds, for a l year period. Unanimously
approved.
BROOK LANE BOND RESOLUTION - PUBLIC HEARING
The public hearing on the Brook Lane Bond Resolution was convened at l0:35 a.m.
David Rutherford, Executive Director of Brook Lane Psychiatric Center, and Guy
Warfield, Bond Counsel, appeared before the Commissioners to ask that they approve
the Resolution for a $3.8 million bond issue for the Brook Lane Psychiatric
Center. Mr. Rutherford explained that the funds would be used to provide
additional beds for the child and adolescent center, to expand the educational
facilities and to construct a new outpatient facility. Mr. Warfield stated that
the County will incur no liability in acting as a conduit for this bond issue and
they have reviewed the County's Financial Advisor's request regarding bank
eligibility and do not feel this will be a problem for these bonds not to be bank
eligible. Mr. Warfield then answered the Commissioners' questions. There was no
one in attendance to speak for or against adoption of the bond resolution.
Motion made by Commissioner Shank, seconded by Snook, to approve the Bond
Resolution for Brook Lane Psychiatric Center for $3.8 million pending review by the
County Attorney. Unanimously approved. (Copy of Bond Resolution attached.)
BOARD/COMMISSION REPORTS
Commissioner Irvin-Craig reported on her meeting with the S.P.C.A. Board and the
Animal Control Authority and the Transportation Commission meeting; Commissioner
Snook reported on the Children's Council meeting and the Zoning Appeals Board
meeting; and Commissioner Shank reported on the Agricultural Land Preservation
meeting, the Transportation Advisory Committee meeting, the meeting with University
of Maryland officials regarding the Agricultural Research Center, the Parks Board
meeting and the Mental Health Authority meeting.
CITIZEN PARTICIPATION
Mary Ann Jenneke reiterated concerns expressed regarding the safety of the curve at
the intersection of Eastern Boulevard and Antietam Drive and also at the
intersection of Eastern Boulevard and Chartridge Drive.
AIRPORT ENTERPRISE ZONE TAX CREDITS
Motion made by Commissioner Bowers, seconded by Shank, to approve the following
Enterprise Zone Tax Credits for the Airport Enterprise Zone, pursuant to Tax
Property Article, Title 4-40l of the Annotated Code of Maryland and as recommended
by the County Treasurer: Dim'A-Game - $l,403.88 (Account 004l72); Kelly F. Eakle -
$9l9.52 (Account 008l43); First Flight - $47,945.66 (Account 0050l2); Nicholas
Giannaris - $3,497.67 (Account 006043); Perini Pension Trust - $l,02l.55 (Account
0l3953); and Washington County Commissioners (Chautauqua) - Account 02l204.
Unanimously approved.
ZELLO PROPERTY - OPTION AGREEMENT
Motion made by Commissioner Shank, seconded by Irvin-Craig, to authorize the County
Attorney to exercise the option agreement on the Zello property to purchase 30
acres at $3,666/acre, before the March 3l deadline. Unanimously approved.
2020 LEGISLATION - REVIEW OF COMMENTS
The Commissioners reviewed an outline of the comments to be made at the hearing on
the 2020 legislation by James Brittain, Executive Director of the Planning
Department, and Stephen Goodrich, Senior Planner, and gave their approval.
TRACKING FORM - S.P.C.A.
The Commissioners reviewed a tracking form recommended by the Animal Control
Authority for the S.P.C.A. to use as a follow up to the health of animals which
have been adopted at the shelter. The Commissioners had no objections to the form
being used as long as the S.P.C.A. and the Animal Control Authority feel it would
be beneficial.
RECESS - LUNCH
The Commissioners recessed at l2:00 noon for lunch.
FEBRUARY 26, 1991
MINUTES, CONT'D.
AFTERNOON SESSION
The Afternoon Session was convened at l2:30 p.m. by the President Richard E.
Roulette, with the following members present: Vice President Ronald L. Bowers and
Commissioners Linda C. Irvin-Craig, John S. Shank, and Gregory I. Snook.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Irvin-Craig, seconded by Bowers, to convene in
Executive Session at l2:35 p.m. in regard to personnel and property matters, 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 Bowers, seconded by Shank, to reconvene in Regular
Session at l:05 p.m. Unanimously approved.
REFUSE DERIVED FUEL BURNING PROPOSAL - ICC
Gary Batey, General Manager of Independent Cement Company, and Denise Brubaker,
Energy Recovery Manager, appeared before the Commissioners to present a proposal
for ICC to burn County refuse derived fuel (RDF). Mr. Batey stated that they would
like an opportunity to work with Washington County to help solve the solid waste
problems. If the County would have a material recovery facility constructed, ICC
could take the municipal waste which has been clarified and use as fuel in their
rotary kiln to help replace fossil fuel. Ms. Brubaker described the process that
would be used for burning the RDF and stated that approximately 48,000 tons of RDF
could be used annually. She also described the emissions and State Department of
Environment regulations and testing which would be done for this activity.
Commissioner Roulette stated that the Commissioners do not support the burning of
out-of-County or out-of-State RDF material. In answer to Commissioner Shank's
question regarding costs, Mr. Batey stated that they would charge the County to use
this fuel because of the $7 million investment in capital expenditures and because
they would be helping to reduce the County's solid waste stream. After answering
the Commissioners' questions, the meeting was opened to the public for questions.
RECYCLING FACILITY - FIELD TRIP
The Commissioners instructed Harvey Hoch, Recycling Coordinator, to try to schedule
a field trip for April l8 to tour the recycling facility in York, PA.
PROPOSED GAS TAX
The Commissioners discussed the proposed gas tax being sought by the Legislature
and the possibility that $7 million road projects are in jeopardy of being cut.
Commissioner Bowers asked that specific information be obtained from the State on
projects to be done in Washington County that are not general maintenance projects.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Shank, seconded by Snook, to convene in Executive
Session at 2:55 p.m. in regard to personnel and property matters, 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.
Commissioner Bowers was excused from the Meeting at 3:l5 p.m.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Irvin-Craig, seconded by Snook, to reconvene in Regular
Session at 4:30 p.m. Unanimously approved.
EMPLOY MAINTENANCE MAN I - PARKS DEPARTMENT
Motion made by Commissioner Irvin-Craig, seconded by Shank, to employ Joseph Hess
as a Permanent, Full-time Maintenance Man I, and Kenneth Duffey as a Temporary,
Full-time Maintenance Man I, in the Parks Department to fill existing vacancies,
effective April l. Unanimously approved.
APPROVAL OF FIRE & RESCUE LOAN APPLICATION
Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve a loan in
the amount of $75,000 from the Fire & Rescue Revolving Loan Fund for the
Leitersburg Volunteer Fire Company, Inc. to purchase a new pumper. Unanimously
approved.
RECESS
The Meeting was recessed at 4:35 p.m. to be reconvened at 7:00 p.m. at the
Smithsburg Town Hall.
FEBRUARY 26, 1991
MINUTES, CONT'D.
EVENING SESSION - SMITHSBURG TOWN HALL
The Evening Session was convened at 7:00 p.m. by the President Richard E. Roulette,
with the following Commissioners present: Linda C. Irvin-Craig, John S. Shank, and
Gregory I. Snook. Also present were Mayor Robert Kline of Funkstown and Mayor
John O'Neal of Smithsburg along with Town Councilmen Charles Slick, Lewis Barton,
Richard Rice, and Gene Pryor.
Tax Differential
Barry Teach, Administrator, stated that pursuant to Article 8l, Section 32 of the
Annotated Code of Maryland, the Commissioners are required to meet annually with
each municipality to discuss the tax differential or payment-in-lieu of taxes
program. Mr. Teach informed the Town of Funkstown that they would receive an
estimated payment of $4,524 and the Town of Smithsburg will receive approximately
$20,225, but that these are estimated figures based on the budget and will be
revised after the County's annual audit. Mayor Kline and Mayor O'Neal asked Mr.
Teach to be sure that adjusted census figures are used in calculating the final
payment.
Mayor Kline discussed the condition of East Oak Ridge Drive, the status of the
proposed by-pass and Program Open Space funds.
Mayor O'Neal and the Smithsburg Town Council discussed the condition of their
wastewater treatment plant and stated that they are in the process of trying to
eliminate everything in non-compliance with State regulations. The Mayor stated
that they are over capacity and it will require a large expenditure of funds to
remedy the situation. They have requested proposals from consulting firms and
would appreciate any assistance they can receive from the County. Also discussed
was the Sanitary Commission's proposal for the Town's treatment plant which is
still being considered by the Town.
Mayor O'Neal also asked about the status of the Smithsburg/Leitersburg Road. Mr.
Teach answered that design has been completed, the money has been budgeted and the
County is in the process of obtaining right-of-way. He also stated that the County
hopes to have this road completed during this construction season.
The Councilmembers asked that the Planning staff give them some indication when
there is interest in developing areas around Smithsburg.
The Meeting was then opened for public comments. Paula Lampton, Mary Lou Leahy,
Don Currier, Paul Guyers and Mark Divelbliss spoke regarding the overcrowded
conditions at Smithsburg High School and the need for an addition.
ADJOURNMENT
Motion made by Commissioner Shank, seconded by Snook, to adjourn at 8:45 p.m.
Unanimously approved.
County Attorney
n Clerk