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October 29, l99l
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.
ENVIRONMENTAL ROLL OF HONOR
Harvey Hoch, Recycling Coordinator, appeared before the Commissioners to present plaques to
three local businesses who have been named to the Environmental Roll of Honor in recognition of
their environmental accomplishments and recycling efforts. Mr. Hoch presented plaques to
Fletcher Smith, representing Caldwell Manufacturing; Kim Hicks, representing Randall & Company;
and Donna Elliott, Western Council Chairperson of the Telephone Pioneers of America.
Commissioner Roulette also announced that a brass nameplate with the Company's name will be
affixed to a permanent plaque displayed outside the Commissioners' meeting room.
PERFORMANCE BOND - JEFFREY DRIVE EXTENDED
Motion made by Commissioner Shank, seconded by Bowers, to conditionally accept 235 linear feet
of Jeffrey Drive Extended and a $l,500 cashier's check as Performance Bond from Home
Construction Corporation. Unanimously approved.
BOARD/COMMISSION REPORTS
Commissioners Irvin-Craig and Shank reported on the Solid Waste Advisory Committee meeting.
APPROVAL OF MINUTES - OCTOBER 15, 1991
Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the minutes of October
15, 1991, as corrected. Unanimously approved.
HOLIDAY SCHEDULE - PRESIDENTS' DAY
The Commissioners decided to maintain the policy of closing County offices for the Presidents' Day
holiday.
PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS
Commissioner Roulette convened the public hearing to consider applications for establishment of
Agricultural Land Preservation Districts. Eric Seifarth, Associate Planner - Agriculture, reviewed
each of the applications and stated that all have been approved by the Agricultural Land
Preservation Advisory Board and the Planning Commission.
AD-91-47 - Mr. Seifarth presented application AD-9l-47, submitted by Mary E. Murphy, for
establishment of an agricultural land preservation district on 309 acres zoned Agriculture. No one
was in attendance to speak in favor or in opposition to the application.
Motion made by Commissioner Shank, seconded by Irvin-Craig, to approve Application AD-91-47,
submitted by Mary Murphy, for establishment of an Agricultural Land Preservation District, as
presented. Unanimously approved.
AD-91-12, submitted by Ned McAllister and AD-91-49, submitted by Helen Janet Charles, for
establishment of Agricultural Land Preservation Districts must be taken together since each
application is under l00 acres. Janet Charles was present to speak in favor of the application.
There was no one present to speak in opposition to the application.
Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve application AD-91-12
and AD-91-49, submitted by Ned McAllister and Helen Janet Charles respectively, for
establishment of Agricultural Land Preservation Districts, as presented. Unanimously approved.
AD-91-50 - was submitted by Ruth Wolford and Mary Brechbill, for establishment of an Agricultural
Land Preservation District on ll9.59 acres. Ruth Wolford and Mary Brechbill were in attendance to
speak in favor of the application. There was no one present to speak in opposition to the
application.
OCTOBER 29, 1991
MINUTES, CONT'D.
Motion made by Commissioner Bowers, seconded by Shank, to approve application AD-91-50,
submitted by Mary Brechbill and Ruth Wolford, for establishment of an Agricultural Land
Preservation District, as presented. Unanimously approved.
AD-91-52 - was submitted by Kenneth Barnhart, for establishment of an
Agricultural Land Preservation District on l66 acres of land. There was no one present to speak in
favor or in opposition to the application.
Motion made by Commissioner Shank, seconded by Irvin-Craig, to approve application AD-91-52,
submitted by Kenneth Barnhart, for establishment of an Agricultural Land Preservation District, as
presented. Unanimously approved.
STREET NAME - TILLMAN AVENUE
Robert Arch, Director of the Planning Department, met with the Commissioners to explain the
renaming of Tillman Avenue and informed the Commissioners that the Post Office is also checking
to be sure there is no duplication or similar name.
PRORATION OF PERSONAL PROPERTY TAXES
Motion made by Commissioner Snook, seconded by Shank, to approve the proration of personal
property taxes from $54 to $32 for Diane Spitzer, New Creation Hair Designs, whose business
closed on August 3, l99l, as certified by the County Treasurer, pursuant to Article l0, Section 305 of
the Annotated Code of Maryland. Unanimously approved.
FIRE & RESCUE ADVISORY BOARD - GUIDELINE AMENDMENT
Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the amendment to the
Guidelines of the Fire & Rescue Advisory Board, Section 2.4, that the representative to the Fire &
Rescue Advisory Board from the Washington County Fire & Rescue Association be the First Vice
President instead of the President, to be consistent with the Association's Bylaws. Unanimously
approved.
APPOINTMENT - CONVENTION & VISITORS BUREAU
Motion made by Commissioner Shank, seconded by Irvin-Craig, to appoint David Henneberger to
the Executive Board of the Convention & Visitors Bureau replacing Maureen Murray. Unanimously
approved.
SEWAGE SLUDGE UTILIZATION APPLICATION PERMIT
The Commissioners decided not to request a public informational meeting for the Sludge Utilization
Application Permit filed with the Department of the Environment by the Maryland Correctional
Institution since the sludge will be applied on their own lands and generated at their treatment
plant.
BID AWARD - COMPACT WINDOW VAN - TRANSPORATION
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to award the bid for a compact
window van for the Transportation Commission to Martin Truck Corporation who submitted the low
bid of $l4,899. Unanimously approved.
CONVENE AS BOARD OF HEALTH
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to convene sitting as the Board of
Health at l0:l0 a.m. and to keep separate minutes for this meeting. Unanimously approved.
RECONVENE IN REGULAR SESSION
The Meeting was reconvened in Regular Session at ll:25 a.m.
CITIZEN PARTICIPATION
Cathy Ashley Cotleur, representing Citizens Ensuring A Safe Environment (CEASE) thanked the
Commissioners for appointing an independent committee to study the burning of hazardous waste.
She also submitted a letter indicating CEASE's recommendations for appointment to the
Committee. Commissioner Roulette stated that they will ask one of the appointees from the Solid
Waste Advisory Committee to serve as facilitator until the Committee can fully organize.
Dominick Pennessi again expressed his dissatisfaction with the County's determination that it is not
the its responsibility to repair his driveway. He stated that the Roads Department Superintendent
and County Engineer met with him at his property to inspect the situation last week. Barry Teach,
County Administrator, stated that the recommendation of these Department Head was the same as
the original determination that the sod must be removed to insure the proper drainage before they
do the overlay work on the driveway. After discussion, Mr. Pennessi agreed to allow the County's
staff to do what is necessary in its opinion to correct the problem.
OCTOBER 29, 1991
MINUTES, CONT'D.
BID AWARD - GASOLINE, DIESEL FUEL AND MOTOR & INDUSTRIAL OILS
Motion made by Commissioner Shank, seconded by Bowers, to approve the recommendation of the
Purchasing Agent to award the bid for gasoline to A.C.& T. who submitted the low bid of $3l7,944,
for diesel fuel to A.C. & T. who submitted the low bid of $347,l48.64 and motor and industrial oil to
Ewing Oil Company who submitted the low bid of $33,0l0.42. Unanimously approved.
RECESS - LUNCH
The Commissioners recessed at l2:00 noon for lunch.
AFTERNOON SESSION
The Afternoon Session was convened at l2:35 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 Shank, to convene in Executive Session at
l2:37 p.m. with 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 Snook, to reconvene in Regular Session at
2:05 p.m. Unanimously approved.
PROPOSED MODERATELY PRICED DWELLING UNIT 0RDINANCE
Richard Willson, Director of Housing & Community Development, and Karen Hoff, Multi-Family
Housing Specialist, appeared before the Commissioners to discuss the establishment and
implementation of an ordinance regarding construction of moderately priced dwelling units (MPDU).
Mr. Willson stated that decisions need to be made regarding kinds of housing permitted, costs,
price, etc. A discussion followed on various methods to assure that MPDUs are constructed without
holding up construction of other units in a development. The Commissioners asked that the
Housing staff meet with Permits & Inspections personnel to develop the mechanics of deed
covenants, restrictions and build-out policies.
SPAY/NEUTER PROGRAM
Barry Teach, Administrator, asked for clarification from the Commissioners on funding of the
spay/neuter program. Commissioner Roulette stated that his understanding is that dog license fees
generated from use of the spay/neuter program from now on are to go to the program. The
Commissioners also asked that the Animal Control Board assure that a license has been purchased
before a voucher is presented.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Snook, seconded by Shank, to convene in Executive Session at
2:40 p.m. with 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. Unsnimoudly approved.
Commissioner Snook was excused from the Meeting at 3:00 p.m.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Shank, seconded by Irvin-Craig, to reconvene in Regular Session at
3:37 p.m. Unanimously approved.
FEES - PREPARATION OF TRANSCRIPTS
Motion made by Commissioner Shank, seconded by Irvin-Craig, to institute a policy to charge
$2/page for preparation of transcripts for appeal cases for the Board of Zoning Appeals, Rezoning
Cases, and Planning Commission meetings, and to charge $.75 per page for copies, as
recommended by the County Attorney. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to adjourn at 3:38 p.m.
Unanimously approved.
County Attorney
, Clerk
October 29, 1991
Hagerstown, Maryland 21740
The County Commissioners of Washington County convened sitting as the Board of Health at l0:l0
a.m. with Commissioners Richard E. Roulette, Ronald L. Bowers, Linda C. Irvin-Craig, John S.
Shank, and Gregory I. Snook present. Dr. John Neill, Health Officer, and other members of his staff
were also present.
STATUS REPORT - HEALTH DEPARTMENT FACILITY EXPANSION
Gary Rohrer, Chief, Division of Planning & Codes Administration, reported that design drawings
from the architect on the Health Department facility expansion will soon be submitted to the
Facilities Design Review Committee. Mr. Rohrer informed the Commissioners that the original base
project is estimated at $3.5 million, the add alternates are estimated at $355,000 for a $4.l million
total, including the site work and third floor. State funding for this project is $l.6 million.
BUDGET REDUCTIONS
Dr. John Neill, Health Officer, and Gene Jenkins, Administrator, informed the Commissioners that
they have received $435,000 in general case formula budget cuts from the State, and $350,000 in
cuts to grants, for a total of $785,000 in reductions. Dr. Neill stated that the Social Detox program
was closed but so far they have not had to reduce personnel. He also stated that they have cut
back on expenditures, travel, education, etc.
STATUS REPORT - RABIES
Rod MacRae, Sanitarian, reported that the rabies program has had fairly consistent numbers for lab
submittals, bite reports, animal vaccinated, etc. He stated that the majority of animals with
confirmed cases are raccoons, although the most exposure to the public occurs with domestic
animals.
STATUS REPORT - MEASLES
Dr. Neill informed the Commissioners that after the outbreak of measles last year at North High, a
total of 2,300 high school students and l,500 middle school students received the measles booster
shot or vaccine.
COMMUNITY SOLIDARITY, INC.
Arland Preston and Wilbur Mitchell of the Community Solidarity Program, provided the
Commissioners with an overview of what has happened since the program was initiated. Mr.
Preston reported that Community Solidarity serves the predominately black population of
Hagerstown and is a non-profit outreach organization. He explained that there are six committees
which deal with youth activities, property restoration, clean-up, political leverage, substance abuse
treatment and substance abuse education. Mr. Preston asked the Commissioners to help fund a
full-time director's position and support staff. The Commissioners took this under advisement at
this time.
MAMMOGRAM PROGRAM
Dr. Neill expressed concern that the Health Department is not reaching the "public health" women
for mammogram testing. He noted that the Health Department has encumbered funds for purchase
of x-ray equipment in the amount of $68,000 to help remedy this problem and requested permission
for this purchase. The Commissioners informed him that if it is not part of the County's General
Fund contribution to the Health Department, it doesn't require County approval.
ADVISORY BOARD OF HEALTH
Commissioner Roulette provided a brief history of the establishment of the Advisory Board of
Health but stated that the County Attorney has found in his research that there is no formal
legislative authority for the Advisory Board of Health, Inc. to exist in its capacity as advisor to the
Health Department. Ralph France, County Attorney, reported that the determination by the
Attorney General's office is that in order for the State and County to continue transmitting funds
through this organization, there must be legal clarification on the procedure for handling funding.
Charles Rouzer, Chairman of the Advisory Board of Health, Inc., stated that physicians may be
reluctant to participate since it will take longer to process the checks through the State.
The Commissioners adjourned as the Board of Health at ll:25 a.m. and reconvened in Regular
Session.
County Attorney
, Clerk