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HomeMy WebLinkAbout010102January 2, 2001 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - DECEMBER 19, 2000 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of December 19, 2000, as amended. Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Iseminger reported on the meeting of the Agricultural Education Center Board of Directors. Commissioner Schnebly informed the Commissioners that he participated in a segment of Viewpoint on WHAG-TV with Rodney Shoop, County Administrator, and John Budesky, Director of the Washington County Community Partnership (WCCP), to provide information on the WCCP. He stated that he would be meeting with J.L. Hearn, Director of the State Water Management Administration, on January 8. Commissioner Snook stated that he attended the press conference held by the Board of Education on the award of the "Judy Center" grant. He reported on a traffic concern that was sent to him via the Internet. Commissioner Swartz reported that the Western Maryland Senior Games would be postponed for one year to allow additional time to organize the event. He stated that he attended the open house hosted by the Chamber of Commerce and one held by Julia Manor nursing home. Commissioner Swartz discussed a complaint he received about farm animals running at large on a neighboring property. He suggested that the Board request the local delegation to the General Assembly to submit legislation for the distribution of proceeds from the lottery to the counties for educational funding. REPORTS FROM COUNTY STAFF Robert Arch, Director of Planning & Community Development, reported that the Recreation & Parks Board would be meeting this Thursday. He stated that he would be attending a meeting on Smart Growth legislation initiatives on January 18. Mr. Arch requested that a portion of the hotel rental tax proceeds in next year's budget be reserved to assist in planning the 140th reenactment of the Battle of Antietam. He reported that the Governor might provide additional funds for Program Open Space projects from the Land and Water Conservation Fund. Alan Davis, Human Resources Director, stated that the actuarial report on pension plan would be presented this month. He informed the Commissioners of an accident that occurred last week involving a Water & Sewer Department employee. Mr. Davis also answered questions from the Commissioners on the combined health insurance bid proposal. Gary Rohrer, Public Works Director, reported that the street standards should be ready for adoption in the near future Debra Bastian, Director of Finance, informed the Commissioners that the new W-2 forms would be run on the new PeopleSoft system this year. She stated that they have started budget preparations for next fiscal year. MARYLAND COOPERATIVE EXTENSION SERVICE ANNUAL REPORT & CALENDAR Mary Ellen Waltemire, Director of the Washington County Cooperative Extension Service, presented the Commissioners with copies of their annual report and 2001 calendar from the College of Agriculture and Natural Resources. Ms. Waltemire introduced Ray Bosmans, the new Regional Extension Director for Region I. Mr. Bosmans thanked the Commissioners for their support of the Extension Service programs. Commissioner Snook asked Mr. Bosmans to see if it would be possible for the County to acquire JANUARY 2, 2001 PAGE TWO additional land from the adjacent property owned by the University of Maryland for the Agricultural Education Center. Mr. Bosmans agreed to check into this matter. Ms. Waltemire presented Eric Seifarth, Farmland Preservation Coordinator, with a Certificate of Merit for his years of service on the Extension Service Advisory Council. CONTRACT AWARD - ELK RIDGE 30,000 GALLON WATER STORAGE TANK Motion made by Commissioner Schnebly, seconded by Iseminger, to award a contract for a 30,000 gallon water storage thank for the Elk Ridge Project to Mid Atlantic Storage systems, Inc. for the low responsive, responsible bid of $54,244. Unanimously approved. SOLE SOURCE CONTRACT AWARD - GRINDER PUMPS FOR WATER & SEWER DEPARTMENT Motion made by Commissioner Schnebly, seconded by Swartz, to award a sole source procurement of 18 Environment One Model 2010 Simplex Grinder Pump units at $2,750 each and for one Environment One Model 2014 Duplex Grinder Pump at $5,264 each for a total of $54,764 from Freemire & Associates, Inc. The award is a sole source procurement based on Sections 1-106.2(a)(1) and (2) of the Code of the Public Local Laws of Washington County. Unanimously approved. CITIZENS PARTICIPATION Pat Schooley distributed a copy of an article from a Boston newspaper regarding historic preservation. She reviewed the plans for the advertisement and auction of the historic Ditto Knolls Farm property. Ms. Schooley stated that they plan to have the house open for inspection on January 13 and 24 and the auction on March 15 with a $50,000 minimum bid. The Commissioners agreed to her request to have the house "broom cleaned" and to have the Health Department test the well. The Commissioners suggested that the auction be postponed until April or May when the weather is better. After discussion, the Commissioners allocated up to $3,000 from the Contingency fund to allow Ms. Schooley to advertise the property in the Baltimore Sun, the Washington Post, the Frederick News Post and the Herald Mail. Don Allensworth stated that he feels hotel rental tax proceeds should be returned if a new stadium is not constructed. He also spoke about the effects of economic development on the tax base and voiced his support for the Wal-Mart project near Funkstown. UPDATE ON DISCOVERY STATION AT HAGERSTOWN, INC. Dave Barnhart and Kurt Cushwa, members of the Discovery Station Board of Directors, met with the Commissioners to provide an update on the development of the Discovery Station in Hagerstown. Mr. Barnhart stated that the Discovery Center would be an interactive center for science, learning, family and fun. He reviewed the mission statement and the proposal for use of the building. Mr. Barnhart noted that the fundraising program is underway and they are developing a capital campaign. Mr. Cushwa then reviewed the design concept of the facility. Mr. Barnhart noted that they are developing a cooperative agreement with the Maryland Science Center under which membership in each would be honored by the other and the institutions would share exhibits. Mr. Barnhart stated that the cost of the project is estimated at $1.4 million. They are hoping to open in the fall if the funding is in place. He informed the Commissioners that they have requested a bond bill from the State that would require matching funds. He asked the Commissioners to consider providing funding from hotel rental tax proceeds. The meeting was then opened for questions from the Commissioners. The Commissioners took the request under consideration and thanked Mr. Barnhart and Mr. Cushwa for the update. POLICY REGULATING PUBLIC INFORMATION REQUESTS Richard Douglas, County Attorney, reviewed changes that have been made to the draft Policy Regulating Public Information Requests that was presented to them for consideration on November 21. Mr. Douglas stated that the highlights of the Policy are as follows: 1) Whenever possible, records JANUARY 2, 2001 PAGE THREE shall be made available without a written request. 2) Unless otherwise specified, the "Official Custodian" is the County Attorney. 3) The custodian should notify any "person of interest" who could be adversely affected by disclosure of a public record. 4) An aggrieved requestor may elect an administrative hearing before a hearing officer in lieu of or before filing in court. The hearing officer would make a recommendation to the County Attorney who has the final decision. 5) An adverse decision may be appealed to the Circuit Court. 6) Fees are $.15 for letter -sized copies. Fees for larger formats are $2.50 per page for certain sizes and $2.25 plus $.04 per square foot for other large sizes. 7) Search fees are charged at $15 per hour after the first two hours. 9) Provision is made in the Policy for correction of errors in personal records. Motion made by Commissioner Swartz, seconded by Schnebly, to adopt the Policy Regulating Public Information Requests and the accompanying guidelines as presented with the provision that they be reviewed in one year. Unanimously approved. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, asked the Commissioners for guidance in developing the State of the County presentation. RECESS - LUNCH The Commissioners recessed at 11:50 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:04 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz, and Commissioners John L. Schnebly, Bertrand L. Iseminger, and William J. Wivell. REVISIONS TO COUNTY'S STORMWATER MANAGEMENT ORDINANCE Terry McGee, Chief Engineer, met with the Commissioners to provide them with the proposed draft of the revised Stormwater Management (SWM) Ordinance. Mr. McGee explained that Maryland law requires all incorporated jurisdictions to adopt and implement an approved SWM Ordinance. He reviewed the requirements in the Code of Maryland Regulations (COMAR) and the regulatory changes that must be included in the Ordinance. Mr. McGee informed the Commissioners that the Maryland Department of the Environment (MDE) formed a technical committee in 1997 to revise the regulations. The new regulations became effective in October 2000. He stated that the County is required to fully implement the new ordinance by July 2001 and that the final form of the ordinance must be approved by MDE. Mr. McGee stated that he anticipates that this is the first of several meetings that will be held before the final adoption of the SWM Ordinance. He then highlighted significant changes in the Draft #1 in comparison to the SWM Ordinance now in place. The meeting was then opened for questions. Mr. McGee stated that he would schedule time on the agenda in March to review the modifications and revisions made after reviewing the comments made by the public and to discuss major items in the policy such as waiver exemption, fees, and surety. The Commissioners thanked Mr. McGee for the presentation. COUNTY AGENCY FACILITY NEEDS Gary Rohrer, Director of Public Works, reviewed the proposal he made at the December 19, 2000, meeting to provide additional space for County agencies. He presented a proposed layout plan and outlined the renovations needed to obtain the needed space at the Court House Annex, County Office Building, Administrative Annex and the current Water & Sewer Department building ("Public Works Annex"). Mr. Rohrer outlined the issues involved in the renovations and improvements to each facility. The Commissioners discussed the proposal and whether the Engineering Department should be moved to the Administrative Annex as originally envisioned or to the Public Works Annex as Mr. Rohrer is now proposing. Mr. Rohrer stated that the plan he has presented would take the County to the 10 -year threshold and that the original proposal would only be feasible for a three -to -five year timeframe. He also presented the preliminary costs for the renovations. JANUARY 2, 2001 PAGE FOUR Motion made by Commissioner Wivell, seconded by Swartz, to sell the Administrative Annex, formerly the F & M Bank building at 80 West Baltimore Street, at a cost not less than it was purchased for by the County. The Motion did not carry with Commissioners Wivell and Swartz voting "AYE" and Commissioners Iseminger, Schnebly and Snook voting "NO." The Commissioners then began discussions as to which County departments should move to the Administrative Annex. The Commissioners expressed concern that the plans have changed since they were initially presented. They stated that they were led to believe when they purchased the building that there would be sufficient space in it for the Planning, Permits, and Engineering Departments. The Commissioners considered various alternatives to Mr. Rohrer's proposal. Motion made by Commissioner Iseminger to support the plan for space needs as presented by Director of Public Works. The motion died for lack of a second. Motion made by Commissioner Wivell, seconded by Swartz, to approve the plans for the Court House Annex, County Office Building and County Administration Building but to proceed with the original proposal to move the Engineering, Permits & Inspections, and Planning Departments to the new Baltimore Street facility, and lease the space identified at the Water & Sewer Department. The motion carried with Commissioners Wivell, Swartz, Schnebly, and Snook voting "AYE" and Commissioner Iseminger voting "NO." CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Iseminger, to convene in closed session at 4:05 p.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 Swartz, to reconvene in open session at 4:51 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; John Martirano, Assistant County Attorney; Alan Davis, Human Resources Director; and Gary Rohrer, Public Works Director. APPOINTMENT OF DIRECTOR OF BUILDINGS, GROUNDS, AND PARKS Motion made by Commissioner Wivell, seconded by Swartz, to promote James Sterling to the newly created position of Director of Buildings, Grounds and Parks, Grade 16, effective January 8, 2001. Unanimously approved. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 4:52 p.m. Unanimously approved. County Administrator County Attorney County Clerk