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October 6, 1992
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 Shank, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
SEPTEMBER 1992 YOUTH OF THE MONTH AWARD
Commissioner Snook presented a Certificate of Merit to Cheryl Seavolt in
recognition of being named as the September 1992 Youth of the Month by the
Children's Council. Miss Seavolt thanked the Commissioners for the Certificate
and introduced her father.
INTRODUCTION - PLANNING COMMISSION MEMBER
Barry Teach, County Administrator, introduced Robert Ernst, II, who was recently
appointed to the Planning Commission.
PROCLAMATION - BREAST CANCER AWARENESS MONTH
Commissioner Roulette read and presented a proclamation to Y-Me of Washington
County naming October 1992 as Breast Cancer Awareness Month in Washington County
and urging women to be aware of the life saving merits of early detection.
BOARD/COMMISSION REPORTS
Commissioner Bowers reported on his meeting with the Joint Veterans' Council
regarding office space; Commissioner Snook reported on the United Way meeting;
and Commissioner Irvin-Craig reported on the District 3 Region Zonta Conference.
APPROVAL OF MINUTES - SEPTEMBER 21 & 22, 1992, AND SEPTEMBER 29, 1992
Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the
minutes of the meeting of September 21 and 22, 1992, as submitted. Unanimously
approved.
Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the
minutes of September 29, 1992, as corrected. Unanimously approved.
BID AWARD - INDUSTRIAL EQUIPMENT
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to award the bids
for industrial equipment to the following firms who submitted the low bid meeting
specifications: Diesel Powered Tractor w/mowers (3) - Antietam Ford Tractor,
Inc. (Option 2) - $18,411 unit/$55,233 total; Self-Propelled Sweepers (2) - S. M.
Christhilf & Son, Inc. - $24,786 unit/$49,572 total; Large Chemical & Material
Spreader (4) - Fallsway Spring & Equipment Co. - $6,979 unit/$27,916 total; One-
Way Snow Plows (3) - Fallsway Spring & Equipment Co. - $3,600 unit/$10,800
total; Reversible Snow Plow - Fallsway Spring & Equipment Co. - $4,550; Small
1993 Chassis/Cab - Curtis Chevrolet, Inc. - $17,800; Dump Body - Fallsway Spring
& Equipment Co. - $3,396; and Central Hydraulic System - Fallsway Spring &
Equipment Co. - $2,714. Unanimously approved.
LEASE RENEWAL - LANDIS ROAD
Motion made by Commissioner Snook, seconded by Irvin-Craig, to renew the lease
with Scott Robinson for 15 acres of land across Landis Road for the amount of $10
per acre to be used for agricultural purposes with the condition that Mr.
Robinson be responsible for control of noxious weeds. Unanimously approved.
LINE ITEM TRANSFERS - COUNTY COMMUTER AND PERMITS & INSPECTIONS
Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the
following line item transfers: County Commuter - transfer $179 from 60-5-3001-
513-000 (SSTAP Supplies) to 60-5-3001-687-000 (Capital Outlay) and $1,000 from
60-5-3000-554-000 (Contract Maintenance & Repair) to 60-5-3000-527-000
(Training); Permits & Inspections - transfer $650 from 01-5-1231-547-000 (Office
Furniture & Supplies - Materials & Expense Control) to 01-5-1231-687-000 (Office
Furniture & Supplies - Capital Outlay Control). Unanimously approved.
OCTOBER 6, 1992
MINUTES, CONT'D.
CONSOLIDATED METROPOLITAN STATISTICAL AREA
Robert Arch, Director of the Planning Department, and Richard Kautz, Hagerstown
City Planner, appeared before the Commissioners to present their recommendations
on the Federal government's Office of Management & Budget intentions to
consolidate 3 existing Metropolitan Statistical Areas (MSA) into 1 area. Mr.
Arch explained that the Commissioners have 2 options, either to become part of
the consolidated MSA or to become a primary statistical area. He and Mr. Kautz
recommended that the Commissioners adopt a resolution requesting designation as a
primary statistical area which would include the City of Hagerstown. The
Commissioners discussed the matter, and Commissioner Shank expressed concern over
not having sufficient time to speak to federal representatives regarding this
matter.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to accept the
Planning staff's recommendation to adopt a Resolution requesting the Office of
Management and Budget to designate the Hagerstown-Washington County area as a
Primary Statistical Area. Motion carried with Commissioners Bowers, Irvin-Craig,
Snook, and Roulette voting "AYE" and Commissioner Shank voting "NO".
INTRODUCTION - SENATOR MIKULSKI'S REGIONAL REPRESENTATIVE
Susan Reid, who recently became Senator Mikulski's new representative in her
Hagerstown office, introduced herself to the Commissioners.
SAVINGS AND LOAN FRANCHISE TAX DISTRIBUTION
James Young, Director of Finance, met with the Commissioners to inform them that
he has received a letter from the State Department of Assessments & Taxation
stating that Washington County's distribution of the savings and loan franchise
tax for Fiscal Year 1992 exceeded the receipts received from the savings and loan
companies by $488,336. Mr. Young indicated that the State plans to recover this
amount from the first payment made to Washington County from the Homeowner's Tax
Credit Program in 1993. He stated that the County will have to cover this loss
from the Fund Balance which will cause 1992 to end in a deficit situation.
HIGHWAY INTERCHANGE STUDY - STATUS REPORT
Robert Arch, Director of the Planning Department, distributed a schedule of the
Planning Department's work schedule on the update of the Highway Interchange
Study. He noted that Tasks 1-4 have been completed and they will begin Task 5,
Creation of Overlays. He indicated that the project should be completed by
December 1993.
ANNOUNCEMENT - COUNTY DIVISION OF PUBLIC WORKS
The Commissioners made a formal announcement of the creation of a Division of
Public Works which will consist of the Engineering Department, Facilities,
Landfill, Roads Department and Sanitary District, with Gary Rohrer acting as the
new Division Chief. Commissioner Roulette also noted that the Permits &
Inspections Department and Planning Department will now report directly to the
County Administrator. The newly created Community and Economic Development
Division will include the Airport, Economic Development Administration, Community
Coordinator, and Convention and Visitors Bureau, but there are no plans to
implement this Division at this time.
CHANGE ORDER - WESTERN MARYLAND PARKWAY
Motion made by Commissioner Bowers, seconded by Snook, to approve the Change
Order for the Western Maryland Parkway project to incorporate the additional
lights needed into the signalization design in an amount not to exceed $1,750.
Unanimously approved.
CITIZEN PARTICIPATION
Peggy Martin, representing the Western Maryland Coalition, 15032 Randall Lane,
Williamsport, distributed a list of questions regarding the vacancy in the
Disabled Citizens Coordinator position and the Commissioners' plans to fill this
vacancy.
Donald Allensworth, 1101 Dual Highway, informed the Commissioners that a group of
citizens have filed suit regarding the Board of Zoning Appeals' decision in the
Clean Rock Industries, Inc. case.
REVISED SUBDISTRICT 18-1 - CONOCOCHEAGUE WATER
Lynn Palmer, Executive Director of the Sanitary District, and Vicky Malott,
Supervisor of Administrative Services, presented the amendments to Subdistrict
18-1 - Conococheague Water, which revises the boundaries, and asked the
Commissioners' approval of this and the subdivision plat.
OCTOBER 6, 1992
MINUTES, CONT'D.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to amend the water
service agreement for Subdistrict 18-1 - Conococheague Water, pending
satisfactory acceptance by the City of Hagerstown approving the subdivision plat.
unanimously approved.
BOWER AVENUE WATER PROJECT
Lynn Palmer asked the Commissioners to commit up to $65,000 toward the Bower
Avenue water project which will be needed in July 1994.
Motion made by Commissioner Snook, seconded by Bowers, to commit an amount not to
exceed $65,000 in funds needed for the Bower Avenue Water Project for Fiscal Year
1995. Unanimously approved.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Snook, seconded by Irvin-Craig, to convene in
Executive Session at ll:58 a.m. with regard to personnel and property matters and
to confer with the County Attorney to obtain legal advice, in accordance with
Section l0.508 of the State Government Article of the Annotated Code of Maryland.
Unanimously approved.
The Commissioners recessed l:03 p.m. to 2:49 p.m. in order to attend a ribbon
cutting at Schoolhouse Manor elderly housing project and then reconvened in
Executive Session.
Commissioner Snook was excused from the Meeting at 4:30 p.m.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Shank, seconded by Bowers, to reconvene in Regular
Session at 5:11 p.m. Unanimously approved.
BID AWARD - BRIDGES AND TRANSFER OF FUNDS
Motion made by Commissioner Bowers, seconded by Shank, to award the bid for the
Hanging Rock Road Bridge to Building Systems, Inc., who submitted the low bid of
$44,310, to award the bid for the Spickler Road bridge to New Enterprise Stone
and Lime Co., Inc., who submitted the low bid of $25,390; to award the bid for
the Harpers Ferry Road Bridge to the New Enterprise Stone and Lime Co., Inc., who
submitted the low bid of $25,172.42; and to approve the transfer of $25,000 from
the Unger Road Bridge Project (40-5-1320-586-046) to the Harpers Ferry Road
Bridge Project (40-5-1320-586-047). Unanimously approved.
HOMESTEAD TAX CREDIT CAP
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to set a percentage
cap of 110% on the Homestead Tax Credit in accordance with Section 9-105 of the
Tax-Property Article of the Annotated Code of Maryland for the taxable year
beginning July 1, 1993. Unanimously approved.
FLOODPLAIN MANAGEMENT AGREEMENT - TOWN OF HANCOCK
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the
Agreement with the Town of Hancock to administer the Floodplain Management
Ordinance for the Town. Unanimously approved. The Commissioners also agreed to
seek Congressional assistance to try to establish local authority.
AGREEMENT - WESTERN MARYLAND PARKWAY
Motion made by Commissioner Shank, seconded by Bowers, to approve the Agreement
with the City of Hagerstown for the extension of Western Maryland Parkway north
extending from Route 144 to Route 40. Unanimously approved.
RECESS
The Commissioners recessed at 5:13 p.m.
EVENING SESSION - MEETING WITH DELEGATION TO THE GENERAL ASSEMBLY
The Evening Session was convened at 7:00 p.m. by the President, Richard E.
Roulette, with the following members present: Vice President Ronald L. Bowers,
Linda C. Irvin-Craig, John S. Shank, and Gregory I. Snook. Members of the
Delegation to the General Assembly in attendance were: Senator Donald Munson,
Delegate Peter Callas, Delegate John Donoghue, and Delegate Anita Stup.
Dale Mongold, President of the Joint Veterans' Council, spoke to the
Commissioners regarding the possibility of the County providing office space for
use by a part-time representative from the Veterans Administration. He
explained that the Administration closed their Hagerstown office and the nearest
office is in Frederick. The Commissioners stated that they would make every
effort to find space to house a representative in the County. They also
indicated that they are
OCTOBER 6, 1992
MINUTES, CONT'D.
considering the possibility of having the position of Disabled Citizens
Coordinator handle veterans' concerns and referrals.
The Commissioners then presented the following requests for legislation for this
year's session:
1) Sheriff Charles Mades presented a request to amend Article 27, Section 156A-
156E to require an alarm user to obtain a permit from the Sheriff's Department
and to authorize the Sheriff to establish a reasonable fee, establish policy and
procedure for suspension or revocation of an alarm system permit, establish a
civil penalty for use of an alarm system without a valid alarm system permit,
establish a civil penalty for each false alarm and empower a Deputy Sheriff to
issue a civil citation for violation of this law.
2) Ralph France, County Attorney, presented a request to amend Section 1-106 of
the Code of Local Public Laws to enable the County to act in accordance with the
Sole Source Procurement Regulations in the State.
3) Mr. France presented an amendment to Article 56, Section 12A, to require that
a Zoning Certification be obtained prior to the issuance of a kennel license by
the County Treasurer.
4) Mr. France presented a request to amend Article 22 of the Code of Local
Public Laws to enable the County to contract, without bids, for a part of a
public improvement if responsibility for the majority of the improvement is with
another public or private entity. He indicated that this was introduced as House
Bill 140 in the 1992 session. The Delegation members expressed concerns and
recounted the problems they had in Committee with this bill last year. Delegate
Donoghue suggested that the County obtain MACO's support for this bill.
5) The Commissioners requested an amendment to Title 8 of the Code of Local
Public Laws to bring this into conformance with present law and regulation.
6) Gary Rohrer, Chief, Division of Planning & Codes Administration, reviewed the
amendment to Section 12-301, Business Occupations and Professions Article,
Annotated Code of Maryland, to provide that a licensed septic tank installer may
place a service line from a septic tank to within 5 feet of the structure being
served.
7) Russell Marks, attorney for the Washington County Sanitary Commission, stated
that he and the Commission have been working to streamline Title 6 of the Code of
Local Public Laws concerning the Sanitary Commission, and he will forward these
to the Delegation members as soon as they are completed.
Michael Weller, representing Children's Village, spoke to the Delegation
regarding the possibility of filing a bill to help fund the construction costs to
finish the safety village portion of Children's Village. The Delegation members
indicated that this would be a difficult funding year, but asked for additional
information.
Commissioner Roulette noted the budget cuts the County has received from the
State government and stated that the Commissioners are considering requesting
State legislation to enable them to tax gambling paraphernalia. He indicated
that the Commissioners will not proceed unless they have the support of the
Delegation members. Delegate Callas stated that they would like to hear from
groups who would be affected by this legislation before they make a decision.
After discussion, the Delegation suggested scheduling a meeting with the
Restaurant and Beverage Association, clubs, churches and fire companies which may
be affected by this legislation.
ADJOURNMENT
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to adjourn at 9:30
p.m. Unanimously approved.
County Attorney
, Clerk