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September 3, 1991
Hagerstown, Maryland 21740
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 Commissioner Bowers, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
BOARD/COMMISSION REPORTS
Commissioner Snook reported on the Airport Commission meeting.
APPROVAL OF MINUTES - AUGUST 13, 1991
Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the minutes
of August l3, l99l, as corrected. Unanimously approved.
PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS
The Commissioners convened the public hearing at 9:l5 a.m., to consider
applications for establishment of Agricultural Land Preservation Districts. Eric
Seifarth, Associate Planner - Agriculture, presented each application and stated
that all of the applications have been approved by the Planning Commission and the
Agricultural Land Preservation District Advisory Board. He also informed the
Commissioners that all of the properties are outside the Urban Growth Area and
water and sewer areas.
AD-91-32 - Mr. Seifarth presented application AD-9l-32, submitted by Maureen M.
Warner, for establishment of an agricultural land preservation district on 79 acres
zoned Agriculture. No one was in attendance to speak in favor or in opposition to
the application.
Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve Application
AD-91-32, submitted by Maureen M. Warner, for establishment of an Agricultural Land
Preservation District, as presented. Unanimously approved.
AD-91-33 - was submitted by F. Carlton Ernst, Jr., for establishment of an
Agricultural Land Preservation District on l43.675 acres of land zoned
Agriculture. There was no one present to speak in favor or in opposition to the
application.
Motion made by Commissioner Shank, seconded by Bowers, to approve application AD-
91-33, submitted by F. Carlton Ernst, Jr., for establishment of an Agricultural
Land Preservation District, as presented. Unanimously approved.
AD-91-34 - was submitted by Holmes and Delores Haller, for establishment of an
Agricultural Land Preservation District on 23 acres of land, which is contiguous to
l45 District acres. There was no one present to speak in favor or in opposition to
the application.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve application
AD-91-34, submitted by Holmes & Delores Haller, for establishment of an
Agricultural Land Preservation District, as presented. Unanimously approved.
AD-91-35 - was submitted by the Conococheague Sportsmen's Club, for establishment
of an Agricultural Land Preservation District on l26 acres of land as indicated on
the Tax Map. There was no one present to speak in favor or in opposition to the
application.
Motion made by Commissioner Snook, seconded by Bowers, to approve application AD-
91-35, submitted by the Conococheague Sportsmen's Club, for establishment of an
Agricultural Land Preservation District, as presented. Unanimously approved.
AD-91-36, AD-91-37, and AD-91-38 - applications submitted by Bonnard and Peggy
Morgan, for establishment of Agricultural Land Preservation Districts for three
parcels of l34.37 acres, l59.4 acres and l52.66 acres. No one was in attendance to
speak in favor or in opposition to the applications.
Motion made by Commissioner Bowers, seconded by Shank, to approve applications AD-
91-36, AD-91-37, and AD-91-38, for establishment of Agricultural Land Preservation
Districts, submitted by Bonnard and Peggy Morgan, as presented. Unanimously
approved.
AD-91-39 was submitted by Joseph and Marion Scott for 227.27 acres of land zoned
Agriculture. No one was present to speak in favor or in opposition to the
application.
SEPTEMBER 3, 1991
MINUTES, CONT'D.
Motion made by Commissioner Shank, seconded by Snook, to approve application AD-91-
39, submitted by Joseph and Marion Scott, for establishment of an Agricultural Land
Preservation District, as presented. Unanimously approved.
MEDICAL BENEFITS - FINANCIAL STATUS REPORT - BOARD OF EDUCATION
Wayne Gersen, Superintendent, and Wayne Stouffer, Director of Budget and Finance,
for the Board of Education, appeared before the Commissioners to discuss the
problems they are experiencing with health insurance claims. Dr. Gersen stated
that, due to the increase in the number of claims and the cost per claim, they are
in a deficit situation. Mr. Stouffer indicated that they have increased the
premiums in every year since l988 in an effort to control losses, but have been
unable to meet escalating health insurance costs. He also noted that they will
attempt to institute other measures to help control increases. Dr. Gersen informed
the Commissioners that they have borrowed $740,000 from their General Fund to pay
claims which occurred during the summer, and have an accumulated deficit of $l.5
million. The Board would like to balance this by transferring the surplus of
$200,000 in the building insurance pool, transferring $300,000 received from the
Federal government for military children and $25,000 of audited surplus from last
year's budget, and requested the Commissioners' endorsement for the transfer of the
surplus. After discussion, the Commissioners took this matter under advisement and
agreed to provide a decision sometime later in the Meeting.
BUDGET REPORT - FICAL YEAR 1990-1991
James Young, Director of Finance, met with the Commissioners to provide a report
for Fiscal Year l990-l99l General Fund budget. Mr. Young explained that
$70,322,886 had been budgeted for revenues and estimated actual revenues, were
$68,439,845, for a short-fall of $l,883,04l. He noted on the expenditure side,
that actual expenditures were $69,853,235, for a net $l,4l3,390 revenue short-
fall. Mr. Young proposed transferring $l million from the CIP Contingency and
$4l3,340 from the Fund Balance to balance the account. Mr. Young also noted that
the short-fall was due to the State Income Tax Distribution and Recordation Taxes
which were less than estimated.
Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the
recommendation of the Director of Finance to transfer $l million from the Capital
Contingency to the General Fund Account to balance the Fiscal Year l990-9l budget.
Unanimously approved.
BOARD OF EDUCATION - TRANSFER OF FUNDS
Motion made by Commissioner Bowers, seconded by Shank, to require that the audited
surplus from the Board of Education's budget be returned to Washington County and
the County will, in turn, redistribute these funds to the Board of Education to
cover their health insurance deficit situation. Unanimously approved.
Motion made by Commissioner Bowers, seconded by Snook, to request the Board of
Education to present a revised plan for a fully funded insurance package.
Unanimously approved.
PRESENTATION ON SPAY/NEUTER PROGRAM
Angie Harsh, member of the Animal Control Authority Board, appeared before the
Commissioners to present a plan for implementing a spay/neuter program in the
County to target cats and female dogs. Ms. Harsh proposed using funds from the dog
license fees minus the money which is maintained for livestock killed by dogs. She
explained that the Animal Control Authority would provide a certificate to the pet
owner for spay/neutering which must be performed and the certificate returned
within a two-week period. She proposed that the Authority provide for only one pet
per family for those who apply, for the first year. Ms. Harsh also indicated that
she would be seeking donations from private individuals and community service
organizations for additional funding for this program, and the Authority will also
try to promote the purchase of dog licenses. The Commissioners took this under
advisement at this time.
BID OPENING - GAME ROOM/VENDING CONCESSION - REGIONAL AIRPORT
The bids for game room/vending concession at the Regional Airport were publicly
opened and read aloud. Firms participating in the bidding and their proposals were
as follows: Serv-U-Vending, Corp. - cold drink vendor - 0-$85 - l5% commission,
$85 and over - l8%, hot drink vendor - 0-$75 - l2% commission, $75 and over - l5%,
snack vendor - 0-$85 - l4% commission, $85 and over - l6%, and food vendor - $60
and over - 6% commission; Classic Foods Service Corporation - minimum guarantee of
l5% of net sales for the first three years and are proposing a hot beverage vendor,
SEPTEMBER 3, 1991
MINUTES, CONT'D.
snack merchandizer and canned beverage machines. The bids will be reviewed by the
appropriate officials prior to a decision being rendered.
BID AWARD - AIRPORT CONCESSIONS - RENTAL CAR AND RETAIL CONCESSION SPACE
Motion made by Commissioner Snook, seconded by Irvin-Craig, to accept the
recommendation of the Airport Commission and award the bid for retail concession
space to Travel Consultants, Inc., for spaces 24 and 4, who submitted the proposal
of $26/sq. ft. per year and 4% of gross sales for the first year, 5% for the second
year, 6% for the third year, 7% for the 4th year and 8% for the fifth year, for a
total $9,000 investment. Unanimously approved.
Motion made by Commissioner Bowers, seconded by Shank, to accept the recommendation
of the Airport Commission to Reject the bid supplied by Marjon, Inc. for rental car
concession space due to the fact that it did not meet the minimum space rental fee
or the minimum percentage of gross required by the Request for Proposal.
Unanimously approved.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to negotiate with
Marjon, Inc., the unsuccessful and only bidder, for rental car concession space at
the Regional Airport, to modify the proposal. Unanimously approved.
BID RENEWAL - UNIFORMS FOR SHERIFF'S DEPARTMENT
Motion made by Commissioner Bowers, seconded by Shank, to accept the recommendation
of the Purchasing Agent to renew the contract with Hoffman Clothiers, Inc., for
supplying uniforms for the Sheriff's deputies, with prices to remain as per the
original agreement as amended. Unanimously approved.
PAYMENT-IN-LIEU OF TAXES - C & P TELEPHONE BUILDING
Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the
abatement of l99l-92 taxes for C & P Telephone Building #22, Account 029078, in the
amount of $l,382.58 with a like amount to be paid to Washington County in lieu of
the tax payment. Unanimously approved.
CITIZEN PARTICIPATION
Angie Harsh questioned the Commissioners regarding the hearing to amend the Animal
Control Ordinance. Janice Ryan requested that the Commissioners consider amending
the Animal Control Ordinance to allow residents to house more than three dogs
without obtaining a kennel license.
RESOLUTION TO AMEND LANDFILL RULES AND REGULATIONS
Motion made by Commissioner Shank, seconded by Snook, to adopt a Resolution of
Rules and Regulations at the Washington County Sanitary Landfill, amending user
fees and charging interest as a late penalty for landfill and green box users.
Unanimously approved. (Copy of Resolution attached.)
TRANSFER OF FUNDS IN CIP BUDGET - HAGERSTOWN JUNIOR COLLEGE
Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the transfer
of $l0,000 within the Capital Improvements Program Budget from Hagerstown Junior
College - Sidewalk Repair to allow for preliminary design specifications to be
developed for a Technical Innovation Center. Unanimously approved.
SANITARY COMMISSION - ST. JAMES SEWER PROJECT
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the
Sanitary Commission's recommendation to proceed with the alternative of utilizing
additional capacity at the Maryland Correctional Institution plant for the Saint
James Sewer Project. Unanimously approved.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Irvin-Craig, seconded by Snook, to convene in Executive
Session at 11:45 a.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.
RECESS
The Commissioners recessed at l:20 p.m. to attend the groundbreaking ceremony at
the Detention Center for the new minimum security wing, and returned at 2:25 p.m.
to continue in Executive Session.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Shank, seconded by Snook, to reconvene in Regular
Session at 3:40 p.m. Unanimously approved.
SEPTEMBER 3, 1991
MINUTES, CONT'D.
PROMOTIONS - HOUSING & COMMUNITY DEVELOPMENT
Motion made by Commissioner Shank, seconded by Snook, to promote Laurie Mason from
Secretary I (Grade 3B) to Housing Processor I (Grade 5A) to fill an existing
vacancy, and to laterally transfer Sheree Davis to Secretary I as support staff and
preliminary interviewer for the Section 8 Program. Unanimously approved.
SPAY/NEUTER PROGRAM
The Commissioners agreed in concept with the Animal Control Authority's plan
regarding institution of a spay/neuter program and to request it to proceed to
determine the mechanics of how the program will work within the County framework.
They also requested the County Attorney to review the State mandate regarding funds
for livestock killed by dogs and concurred that this must be sufficient to cover
these expenses before the monies could be used for the spay/neuter program.
ASSIGNMENT OF LEASE - HENSON AVIATION, INC. TO HAGERSTOWN AVIATION SERVICES
Motion made by Commissioner Bowers, seconded by Shank, to approve the assignment of
a lease from Henson Aviation, Inc. to Hagerstown Aviation Services, Inc., as
recommended by the County Attorney. Unanimously approved.
RESOLUTION CREATING ARTICLES OF ORGANIZATION - HOUSING AUTHORITY OF WASHINGTON
COUNTY
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to execute the
Articles of Organization required by the Annotated Code of Maryland, and the
Secretary of the State of Maryland, authorizing an increase in the number of
commissioners on the Housing Authority Board from 5 to 7. Unanimously approved.
OPTION AGREEMENT & RIGHT-OF-FIRST REFUSAL - M.P. MOLLER, INC.
Motion made by Commissioner Bowers, seconded by Snook, to approve an Option
Agreement with M. P. Moller, Inc., for purchase of approximately 8.l acres situate
in the Enterprise Zone at the Airport Industrial Park to be conveyed at $22,000 per
acre, effective until June l, l992, and to approve a Right of First Refusal
Agreement with M. P. Moller, Inc., which grants a right of first refusal to
purchase the property for a period of one year beginning on June 2, l992 and
expiring on June l, l993, as presented by the County Attorney. Unanimously
aprpoved.
NESBITT/WARNER FARMHOUSE - HISTORICAL TRUST
Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the Deed of
Easement and Conditional Security approving the agreement between the Clear Spring
Historical Trust and the Maryland Historical Trust and to accept a grant in the
amount of $32,900. Unanimously approved.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the
Resolution to release the conditions in Paragraph 5 of the February 2, l980,
Agreement with the Historical Association. Unanimously approved.
MARYLAND HISTORICAL TRUST GRANT
Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the grant
agreement with the Maryland Historical Trust in the amount of $l2,500 for Phase III
of the Washington County Historic Towns Survey Project for the Towns of Clear
Spring and Hancock, which is to be performed from October l, l99l, to July 3l,
l992. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Snook, seconded by Shank, to adjourn at 4:00 p.m.
Unanimously approved.
County Attorney
, Clerk