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HomeMy WebLinkAbout07.18.2000 MinutesJuly 18, 2000 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 a.m. by President Gregory I. Snook with the following members present: Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Schnebly, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JUNE 27, 2000 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of June 27, 2000, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Iseminger provided an update on his meeting with HotSpots Coordinator, Carolyn Brooks. Commissioner Wivell reported on the first meeting of the committee to study Board of Education facilities. He also reported on the meetings of the PenMar Development Corporation and the Water & Sewer Advisory Commission. Commissioner Wivell stated that he and Commissioner Swartz toured the new landfill with Gary Rohrer, Director of Public Works. Commissioner Snook asked that an update on the Parks Department be given in the near future. He stated that it appears that the pre-treatment pump house has been completed. He also reported on the Metropolitan Planning Organization meeting. EMPLOYEE RECOGNITION – JOHN A. BUDESKY Commissioner Schnebly presented John A. Budesky, Director of the Community Partnership for Children & Families, with a Certificate of Merit for successfully fulfilling all of the requirements to receive a Certificate of Completion for the Program in Human Services Management, Office of Continuing Professional Education, University of Maryland School of Social Work. The Commissioners congratulated Mr. Budesky on this achievement. SHERIFF’SPATROL FACILITY – RENOVATIONS/ADDITIONS Gary Rohrer, Director of Public Works, and Michael Gehr of Burrey Moser Gehr Architects, met with the Commissioners to discuss funding for the renovations and additions to the Sheriff’s patrol facility. Mr. Rohrer explained that the preliminary assessment used to prepare the Capital Improvements Program (CIP) did not anticipate the extent of the renovations needed for the facility. Due to the significant growth and the change in operations, the renovations are necessary to correct deficiencies in the current operation. Mr. Rohrer recommended budgeting an additional $700,000 in fiscal year 2002 for the extra work. Mr. Gehr then reviewed the additions and renovations planned for the patrol facility. Mr. Rohrer explained that the combined additions would amount to an increase of 6,899 square feet of space. The meeting was then opened for questions and discussion. Sheriff Mades presented information showing the increases in staff, calls for services, arrests, and the number of warrants served since the existing facility was constructed in 1992. He stated that the impact of not proceeding with the proposal would jeopardize the level of service provided to the public and would affect the efficiency of the department. The Commissioners expressed concerns regarding the requested funding. After discussion, Commissioner Snook asked for a plan to fund the “out years” in the CIP budget, and a determination as to which projects would have to be eliminated to permit additional funding to be used for the Detention Center project. The Commissioners thanked Mr. Rohrer and Mr. Gehr for the presentation. APPROVAL OF AGREEMENT WITH MARYLAND EMPLOYEES COUNCIL 67 AFSCME, AFL-CIO - ROADS, SOLID WASTE, FIRE & EMD TECHNICIANS AND TRANSPORTATION John Martirano, Assistant County Attorney, presented a tentative three-year letter of agreement with members of AFSCME Local 2677. Mr. Martirano outlined each of the items in the agreement and provided them with a copy of his letter to James Bestpitch, representative for AFSCME Council Council 67. He stated that the membership approved the agreement in principle on July 10. JULY 18, 2000 PAGE TWO Mr. Bestpitch complimented Mr. Martirano for his professionalism during the negotiations. He stated that they still have some questions on the 40-hour schedule for Fire & EMD Technicians and would like an opportunity to present an alternative schedule. Mr. Shoop agreed to delay implementation of the schedule for approximately three weeks to allow staff to review the schedule suggested by the union. Motion made by Commissioner Wivell, seconded by Schnebly, to adopt a letter of agreement outlining the terms for ratification of a three-year contract to be incorporated into a Memorandum of Understanding with the Maryland Public Employees Council 67, AFSCME, AFL-CIO and its Local 2677 for the Roads, Solid Waste, Fire & EMD Technicians, and Transportation Departments, as presented. Unanimously approved. REVIEW OF PROPOSED ANIMAL CONTROL ORDINANCE Richard Douglas, County Attorney, reviewed proposed revisions to the Animal Control Ordinance and the related revisions to the Zoning Ordinance. He stated that the primary reason for the revisions was to address deficiencies in the current ordinance. Mr. Douglas stated that the revisions clarify such major issues as the function of the Animal Control Authority, regulation of kennels, classification of vicious and authority to deal with dangerous animals and animals at large. He indicated that some of the changes would necessitate changes to the Zoning Ordinance. Keller Haden, Animal Control Supervisor for the Washington County Humane Society, was also present to answer questions regarding the proposed ordinance. At this time, the meeting was opened for public comment. Steve Ernst spoke on behalf of the Farm Bureau and expressed his concerns with the language in the proposal ordinance. Mr. Douglas agreed to meet with him to discuss the proposed changes. He also requested reinstatement of the earlier exemption for farm animals. Michael Burke asked the Commissioners to ensure that provisions for vicious and dangerous animals are included in the ordinance. Angie Harsh distributed written comments on various sections of the proposed ordinance. Charles Wiederhold voiced his concerns on the proposed ordinance. Greg Brown, representing the Coon Hunters Association, also commented on the proposal. SEMIANNUAL BOARD OF HEALTH MEETING Motion made by Commissioner Schnebly, seconded by Wivell, to convene as the Board of Health at 11:15 a.m. Unanimously approved. (Separate minutes will be kept of this session.) The Commissioners adjourned as the Board of Health at 11:35 a.m. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in closed session at 11:36 a.m. to discuss personnel issues in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Schnebly, seconded by Iseminger, to reconvene in open session at 12:16 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel issue. Present during closed session were Commissioners Gregory I. Snook, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; Dr. Robert Parker, Health Officer; Dr. Victor Jorden; and Jack Costa, Dr. George Comstock, Willie Conyers, Dave Resh, and Dorothy Boone, members of the Advisory Commission to the Board of Health and Search Committee. RECESS The Commissioners recessed at 12:16 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:24 p.m. by President Gregory I. Snook, with the following members present: John L. Schnebly, Bertrand L. Iseminger, and William J. Wivell. JULY 18, 2000 PAGE THREE REQUEST FOR VEHICLE – SPECIAL OPERATIONS UNIT Phil Ridenour, Administrator of the Washington County Office of Special Operations, and John Bentley, Chief of the Emergency Services Special Operations Team, appeared before the Commissioners to request that Special Operations be permitted to transfer $7,417.47 remaining in the fiscal year 2000 budget and $37,901 of FY 2001 capital outlay funds into a vehicle fund to allow the team to purchase a chassis for a multi-purpose vehicle. Mr. Ridenour stated that the amount needed to complete the purchase would be requested for FY 2002. He informed the Commissioners that their current vehicle has more than 130,000 miles and was a used vehicle when the team originally purchased it. Mr. Ridenour stated that extensive repairs have had to be made to it each year for the past few years to comply with inspection standards. The Commissioners discussed whether to purchase the vehicle in the FY 2002 budget so the purchase is not split between two fiscal years. Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the request for a new vehicle for the Special Operations unit for purchase in fiscal year 2002, to remove $37,901 from Machinery and Equipment in the Special Operations Team fiscal year 2001, and to place these funds in the contingency fund. Unanimously approved. BID AWARD – COUNTY OVERLAY CONTRACT Motion made by Commissioner Iseminger, seconded by Wivell, to award the contract for bituminous concrete overlay to C. William Hetzer, Inc. which submitted the low responsive, responsible bid of $33.55 per ton in place for Hot Mix Asphalt Superpave Surface 9.5 mm, PG-64-22. Motion carried with Commissioners Iseminger, Wivell, and Snook voting AYE” and Commissioner Schnebly “ABSTAINING.” SENIOR AIDE PROGRAM – COMMISSION ON AGING Motion made by Commissioner Iseminger, seconded by Schnebly, to make a one-time contribution in the amount of 12,000 from the contingency fund to the Commission on Aging to help fund the Senior Aide program for the remainder of FY 2001, with the condition that the Commission find alternative funding for the program in the future. Motion carried with Commissioners Iseminger, Schnebly, and Snook voting “AYE” and Commission Wivell voting “NO.” AMENDMENT TO TERMS – GAMING COMMISSION Motion made by Commissioner Schnebly, seconded by Wivell, to amend the term expiration dates of Gaming Commission members in accordance with House Bill 1389, Chapter 479, Acts of 2000, adopting new expiration dates as follows: Curt Dudda – September 30, 2001; Camille Hendrickson – February 28, 2001; and Betty Meyers – February 28, 2002. Unanimously approved. RECOMMENDATION FOR APPOINTMENT OF NEW HEALTH OFFICER Motion made by Commissioner Iseminger, seconded by Schnebly, to support the recommendation of the Advisory Commission to the Board of Health to nominate Dr. Victor S.B. Jorden to the Secretary of Health & Mental Hygiene for the position of Health Officer for Washington County. Unanimously approved. RURAL LEGACY GRANT AGREEMENT EXTENSION – CYCLE 1 Motion made by Commissioner Schnebly, seconded by Iseminger, to extend the grant agreement with the State of Maryland relating to Cycle 1 of the Rural Legacy Program until January 19, 2001, in order to give the County additional time to finalize the easement acquisitions for this program. Unanimously approved. COUNTY ADMINISTRATOR’SCOMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the new Citrix server has arrived and that the Information Technology Department personnel will be connecting their computers to the system in the near future. He reminded the Commissioners that the County picnic is scheduled for August 12. Mr. Shoop also informed them that the meeting with the local delegation to the General Assembly has been scheduled for July 28 at Hagerstown Regional Airport. JULY 18, 2000 PAGE FOUR ABANDONMENT OF RIGHT-OF-WAY – WOODBINE LANE Motion made by Commissioner Wivell, seconded by Schnebly, to abandon a dedicated right-of-way along Woodbine Lane and convey it to adjoining property owners Arthur and Marianne Schneider, Ernest V. Wachs Revocable Trust and Betty B. Wachs Revocable Trust, and a portion to Linda K. Richards, per the signed agreement between these property owners. Unanimously approved. GRANT AGREEMENT – CONTROL & ERADICATION OF NOXIOUS WEEDS Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the grant agreement for $7,000 with the Department of Agriculture for the control and eradication of noxious weeds. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 2:25 p.m. to discuss personnel issues and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Wivell, seconded by Schnebly, to reconvene in open session at 3:40 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter and discussed three (3) personnel issue. Present during closed session were Commissioners Gregory I. Snook, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Alan Davis, Director of Human Resources; Greg Murray, Director of the Water & Sewer Department; Gary Rohrer, Director of Public Works; Brian Brandt; Michael Vance, Collection/Distribution Operator; and John Howard, Director of the Economic Development Commission. REAPPOINTMENTS – ETHICS COMMISSION Motion made by Commissioner Iseminger, seconded by Schnebly, to reappoint Allan Powell and Daniel Murphy to the Ethics Commission for three-year terms beginning September 1, 2000. Unanimously approved. RE/APPOINTMENTS - COMMISSION FOR WOMEN Motion made by Commissioner Schnebly, seconded by Iseminger, to reappoint Judy Lyons Wolf to the Commission for Women for a two-year term retroactive to July 1, 1999, and to appoint Ann Hicks to a one-year term. Unanimously approved. BOARD OF ZONING APPEALS – APPOINTMENT OF SECOND ALTERNATE Motion made by Commissioner Wivell, seconded by Iseminger, to appoint Donna Smith to the position of second alternate on the Board of Zoning Appeals for a three-year term. Unanimously approved. C&OCANAL NATIONAL HISTORIC PARK COMMISSION – RECOMMENDATION Motion made by Commissioner Iseminger, seconded by Schnebly, to recommend to the United States Department of the Interior that Sue Ann Sullivan be reappointed as one of Washington County’s representatives on the C&O National Historic Park Commission. Unanimously approved. RECESS The Commissioners recessed at 3:44 p.m. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members William Breichner, Al Boyer, Lewis Metzner, Susan Saum-Wicklein, and Wallace McClure at the Washington County Museum of Fine Arts at 4:00 p.m. Request for Additional Financial Assistance - Museum of Fine Arts William Young, Chairman of the Board of Directors of the Museum of Fine Arts, provided an overview of the Museum including its history, physical JULY 18, 2000 PAGE FIVE space and staffing, collection and quality of holdings, programs offered to the public, and benefits to the community. He thanked the City and County governments for supporting the operation and appealed for an increase in the level of financial support. Thomas Newcomer reviewed the funding and stated that the Museum has had to borrow from its endowment fund and has an operating deficit of approximately $55,000. The meeting was then opened for questions and discussion. Commissioner Snook thanked the Board for making the Commissioners aware of their financial situation and stated that the Commissioners would review the budget in consideration of the request. Community Rescue Service – Request for Funding Michael Nye, Chief of Community Rescue Service (CRS), and Alfred Martin, Director of Budget & Finance for the City of Hagerstown, appeared before the group to provide an overview of the deteriorating financial situation at CRS. Mr. Martin reviewed a six-year comparison of expenses showing the significant increase that occurred after the construction of their new facility. Michael Nye asked that the City and County consider providing some type of financial assistance to CRS. Mr. Nye stated that a number of their clients are senior citizens or live in subsidized housing and do not have insurance or the ability to pay for the services. He indicated that 66 percent of their calls are from within the City of Hagerstown. He further explained that their territory has been reduced by 30-40 percent but the calls for service have increased. Mr. Nye provided information on the staffing of CRS. Council member Metzner stated that he believes this is a countywide problem and not just a problem for the City of Hagerstown. Commissioner Iseminger informed the group that the Emergency Services Council would be making its recommendations to the Commissioners in approximately 30 days on emergency service operations in Washington County. After discussion, the request was taken under consideration. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 5:40 p.m. Unanimously approved. County Administrator County Attorney County Clerk July 18, 2000 Board of Health The Board of County Commissioners of Washington County convened at 11:15 a.m., sitting as the Board of Health at the Washington County Health Department with Commissioners Gregory I. Snook, Bertrand L. Iseminger, John L. Schnebly; and William J. Wivell present. Also present were Jack Costa, Chairperson of the Advisory Commission to the Board of Health; Dr. Robert Parker, Health Officer; and members of the Advisory Commission to the Board of Health and Health Department staff. Mr. Costa brought comments from the Advisory Commission to the Board of Health. He stated that the Advisory Commission has been actively involved in searching and interviewing for Dr. Parker’s replacement. Semi-annual Report of the Health Officer Dr. Parker provided a general overview of the programs and services provided by the Health Department. He stated that the Home Health Care program was discontinued because of the lack of funding. Dr. Parker thanked the Commissioners for their support of the Health Department and stated that it has been a privilege to serve as Health Officer. The Commissioners provided their best wishes to Dr. Parker on his retirement and commended him on the work he has done at the Health Department. Cigarette Restitution Fund Dr. Parker informed the Commissioners that Senate Bill 896 and House Bill 1425 created the Tobacco Use Prevention and Cessation Program and the Cancer Prevention, Education, Screening and Treatment Program under the Department of Health and Mental Hygiene. He stated that a portion of the cigarette restitution funds have been allocated to each county to initiate the two programs. Dr. Parker estimated that Washington County would receive $900,000 annually from the fund. He outlined the requirements of the programs. The Commissioners adjourned as the Board of Health at 11:45. County Administrator County Attorney County Clerk