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HomeMy WebLinkAbout030819 August 19, 2003 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: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. 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. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Acting Human Resources Director, introduced new County employee Bonnie Keltner (Emergency Services). The Commissioners welcomed Ms. Keltner and wished her well in her new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps reported on the Historic District Commission meeting and the Maryland Association of Counties (MACo) Summer Conference. Commissioner Wivell stated that he reviewed a copy of the State law regarding the Program Open Space conversion process. The Commissioners agreed to approve the transfer of the Ditto Knolls farm. Commissioner Wivell also asked for an update on the status of the French Lane property. He stated that he attended the public forum at the Potomac Center regarding concerns that it may be closed. He reported on the MACo Conference and Governor Ehrlich’s speech at the closing session. Commissioner Kercheval reported on an Eagle Scout ceremony he attended. He also reported on Cityfest and the National Corvette Club convention. Commissioner Kercheval reviewed the minutes from the last Economic Development Commission meeting. He stated that the Planning Commission reviewed approximately twelve requests for zoning changes. Commissioner Snook stated that he has received numerous letters regarding the proposed truck terminal in the Maugansville area. The Commissioners agreed that they should inform these individuals that this issue would not come before them for a decision. They asked that Steve Goodrich, Interim Planning Director, respond to a contact person to clarify how the process would work. It was a consensus of the Commissioners not to request that the Maryland Department of the Environment hold a public information meeting regarding the request made by Martin Marietta to replace a crusher. Commissioner Snook informed the Commissioners that the Disabled American Veterans would be holding a dedication ceremony for a new memorial on October 4. He reported on the Tri-County Council meeting. Commissioner Snook stated that St. James School has requested that the County abate its sewer hook-up fees of $80,000. The Commissioners took this request under consideration and asked that it be reviewed by the Water Quality Advisory Board. APPROVAL OF CONVEYANCE OF DITTO KNOLLS Motion made by Commissioner Wivell, seconded by Nipps, to purchase three parcels of land consisting of 2.5 acres which are situate adjacent to Tammany Manor North from R. Lee Downey, in order to satisfy the requirements of the Program Open Space conversion process, for the total consideration of $92,000, of which $27,000 would be paid from the General Fund and the remaining $65,000 from the proceeds of the sale of the “Ditto Knolls” property. Unanimously approved. AWARD OF COMMUNITY MOBILIZATION FUNDS Tom Kline, Project Manager for the Washington County Community Partnership for Children & Families, requested approval for the award of Community Mobilization Funds. Mr. Kline explained that $8,000 is available each year for projects outside the HotSpot area in Washington County. The projects should address juvenile crime, teen pregnancy, family violence and/or substance abuse while encouraging community mobilization and/or community enrichment. Motion made by Commissioner Nipps, seconded by Munson, to award $8,000 in Community Mobilization Funds to the following agencies as recommended by AUGUST 19, 2003 PAGE TWO the Washington County Community Partnership for Children and Families: Boys and Girls Club - $5,500 for an outreach program at Cascade Elementary School; and Washington County Interdenominational Youth Partnership - $2,500 for funds to strengthen the collaboration of area church leaders to address local problems and issues facing children and teenage youth and provide programs designed to enhance the outreach of area churches. Unanimously approved. PUBLIC HEARING – AMENDMENTS TO TIP JAR REGULATIONS OF THE WASHINGTON COUNTY GAMING OFFICE The Commissioners convened a public hearing at 10:07 a.m. in order to consider amendments to the Regulations of the Washington County Gaming Office. Daniel DiVito, Gaming Director, explained that the amendments would make the following changes: 1) Preserve intent of statutory prohibition against wholesaler’s licenses being held by tip jar operators by expanding the class of persons excluded from holding a wholesaler’s license to controlled entities and members of immediate families of such persons. 2) Preserve intent of the same provision by not allowing a wholesaler’s license to be held by an entity owned largely by tip jar operators. 3) Require seal cards to be imprinted with the manufacturer’s serial number. 4) Change the name of the regulations to more clearly reflect the purpose. 5) Clarify that the Gaming Office is directed by the Board of County Commissioners. 6) Update statutory references to the gaming law. Commissioner Snook then opened the meeting to hear public comments on the proposed amendments. Orlyn Ostereich, representing the Washington County Club Association, spoke in favor of keeping users and wholesalers separate. Lou Thomas, President of the Restaurant and Beverage Association, and Jay Schwartz, attorney for the Association, spoke in opposition to Amendment #5 and submitted a letter from Delegate Donoghue stating that this was not the intent of the Delegation when the legislation was passed. Tom Altman, Clear Spring Fire Company, stated that he does not feel the amendments would be workable. Jason Baer, President of the Washington County Volunteer Fire & Rescue Association, stated that he would support the revisions if a fire tax were supported. John Glaser, representing GMP Distributors, stated that the Gaming Commission has been a model agency and does not support the changes. The hearing was closed at 10:31 a.m. and Commissioner Snook stated that the record would be held open for five (5) business days to receive written comments. CITIZENS PARTICIPATION Jim Laird, representing the Citizens for the Protection of Washington County, spoke in favor of the proposed increase in the Engineering Review Fees. Bob Darby expressed his concerns about various safety matters including the intersection at Route 60 and Longmeadow Road, railroad crossings in need of repair, bicycle safety, and waterways in need of clean up. Commissioner Snook gave an update on the plan to clean debris around bridges caused by flooding and on the State Highway Administration plans at the intersection. Carrie Gouff, representing the Chewsville, Leitersburg, Smithsburg Athletic League (“CSL”), and Robin Biser, representing the Cascade Committee, urged the Commissioners to expedite the paperwork to allow them to utilize the gymnasium at Fort Ritchie. Ms. Gouff stated that there are over 600 children involved in the CSL League. Commissioner Snook stated that he would attempt to have an answer for them regarding the status of the lease by next week. APPROVAL OF FAA GRANTS – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Kercheval, to approve the following grant agreements from the FAA for the Hagerstown Regional Airport: 1) Runway 9-27 extension project, Phase III, for $5 million, and 2) Expansion of the terminal apron and acquisition of snow removal equipment - $1 million. Unanimously approved. AUGUST 19, 2003 PAGE THREE BUDGET TRANSFER – SHERIFF’S DEPARTMENT VEHICLES Motion made by Commissioner Nipps, seconded by Munson, to approve the request to transfer $215,584 from the FY 2003 budget to the FY 2004 budget in order to fund the Sheriff’s Department vehicles which were ordered during the previous fiscal year but arrived after July 1, 2003. Unanimously approved. AUTHORIZATION TO FILL POSITION – BUDGET & FINANCE DEPARTMENT Motion made by Commissioner Munson, seconded by Wivell, to authorize advertising to fill the Fiscal Technician vacancy (Grade 8) in the Department of Budget & Finance. Unanimously approved. AUTHORIZATION TO FILL POSITION – WATER QUALITY DEPARTMENT Motion made by Commissioner Wivell, seconded by Kercheval, to authorize advertising to fill the Plant Operator (Grade 9) position at the Water Quality Department. Unanimously approved. ACTION ON REQUEST TO CLOSE AND ABANDON STARLIPER ROAD AND HART ROAD Motion made by Commissioner Wivell, seconded by Kercheval, to deny the request of the National Park Service, on behalf of the Chesapeake and Ohio Canal National Historical Park, to abandon and close Starliper Road and Hart Road and to transfer the ownership of the property to the National Park Service. Unanimously approved. APPROVE PROPOSED BYLAWS – LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Joe Kroboth, III, Director of Emergency Services, reviewed the proposed bylaws for the Local Emergency Planning Committee (LEPC). Mr. Kroboth stated that the committee is mandated by the Federal Environmental Protection Agency and the Maryland Emergency Management Agency as the primary record depository for chemical information used within the County as outlined in Title III of the Federal Superfund and Reauthorization Act. The bylaws are a requirement for the LEPC to gain active status and enable the County to be eligible for federal grant funding. Motion made by Commissioner Munson, seconded by Nipps, to approve the bylaws for the Local Emergency Planning Committee. Unanimously approved. APPROVE PROPOSED BYLAWS – FIRE & RESCUE COMMUNICATIONS ADVISORY COMMITTEE Motion made by Commissioner Munson, seconded by Nipps, to approve the revised bylaws as presented for the Fire & Rescue Communications Advisory Committee. Unanimously approved. STATE DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM GRANT FUNDING – MEMORANDUM OF UNDERSTANDING Motion made by Commissioner Munson, seconded by Nipps, to authorize the Department of Emergency Services to execute a Memorandum of Understanding with the Maryland Emergency Management Agency for $277,929.93 in grant funding to obtain equipment through the Domestic Preparedness Equipment Program. Unanimously approved. BID AWARD – CLOPPER ROAD BRIDGE REHABILITATION Motion made by Commissioner Munson, seconded by Wivell, to award the contract for the rehabilitation of the Clopper Road Bridge to Building Systems, Inc., which submitted the low responsive, responsible bid of $1,084,044, pending the concurrence of the State Highway Administration, through the Federal Aid Bridge project. Motion carried with Commissioners Nipps, Wivell, Munson and Snook voting “AYE” and Commissioner Kercheval “ABSTAINING.” UPDATE ON THE REHABILITATION PROJECT FOR THE BROADFORDING ROAD STONE ARCH BRIDGE Terry McGee, Chief Engineer, provided an update to the Commissioners on the Broadfording Road Stone Arch Bridge project. Mr. McGee stated that the notice to proceed was awarded on June 2 and, to date, the contractor has done less than 10% of the work. He indicated that he has attempted to work with the contractor who has taken issue with the stream diversion schedule. Mr. McGee stated that he sent a letter to the surety company of the County’s intent to terminate the contract. He explained that the ten-day period for response has expired and that he would be working with AUGUST 19, 2003 PAGE FOUR the County Attorney’s Office to resolve the situation. John Martirano, Assistant County Attorney, stated that the County needs to look at the various options to determine how to proceed. The Commissioners agreed that all parties should meet in an attempt to mediate the situation and asked the County staff to come back with a recommendation. RECESS – LUNCH The Commissioners recessed at 11:50 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:13 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 1:14 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with staff to discuss pending litigation, consult with counsel to obtain legal advice, consider the acquisition of real property for a public purpose and matters directly related thereto, consider matters that relate to collective bargaining negotiations, and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 Kercheval, seconded by Wivell, to reconvene in open session at 3:37 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter that affects one (1) or more specific individuals, consulted with counsel to obtain legal advice on one (1) matter, considered the acquisition of real property for a public purpose and matters directly related thereto, considered matters that relate to collective bargaining negotiations, and considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Joseph Kroboth, III, Director of Emergency Services Department; Jason Baer, President of the Washington County Volunteer Fire & Rescue Association; Gary Rohrer, Director of Public Works; Ted Wolford, Highways Supervisor; and Tim Troxell, Executive Director of the Economic Development Commission (EDC), and Stephen Christian, EDC Business Development Specialist. ADJOURNMENT AND TOUR OF GESAC, INC. Commissioners adjourned at 3:37 p.m. in order to attend a tour of GESAC, Inc., in Boonsboro, Maryland. GESAC specializes in the design and manufacture of crash test dummies. , County Administrator , County Attorney ___________________________, County Clerk