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October 7, 2003
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:00 a.m. by
President Gregory I. Snook with the following members present:
Commissioners James F. Kercheval and John C. Munson.
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 Timothy Faulder (Water Quality Department). The
Commissioners welcomed Mr. Faulder and wished him well in his
new position.
PROCLAMATION – JEAN WOODS
Commissioner Snook presented a proclamation to Jean Woods, past
Director of the Washington County Museum of Fine Arts, in
appreciation for her dedication, loyalty, and artistic
experience that has guided the Museum since 1982. They offered
Ms. Woods their warmest congratulations on her retirement and
recognized her contributions to the community. Ms. Woods
thanked the Commissioners for the proclamation and for their
support of the Museum over the years.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson proposed making mulch available at the
landfill for Washington County residents at no charge for a two-
week period in the spring. The Commissioners agreed to ask the
Solid Waste Advisory Committee to review the suggestion and make
a recommendation to them.
Commissioner Kercheval reported on the Planning Commission
meeting.
Commissioner Snook read a letter from the principal at
Williamsport High School thanking the County Commuter for their
support. He reported on the meetings of the Foreign Trade Zone
Commission, the Maryland Association of Counties Legislative
Committee, and the Chamber of Commerce Board.
(Commissioner Wivell arrived at the meeting at 9:37 a.m.)
REPORTS FROM COUNTY STAFF
Steve Goodrich, Interim Planning Director, reminded the
Commissioners that the second public hearing on the
comprehensive rezoning of rural areas is scheduled for October 8
at South Hagerstown High School. He informed the Commissioners
that representatives of the Maryland Historical Trust informed
him that the requirements to follow their guidelines would not
be lifted if the grant funds were repaid for the improvements to
the French Lane property. It was the consensus of the
Commissioners to accept the grant with these conditions. Mr.
Goodrich provided an update on the proposal for transferable
development rights. The Commissioners discussed the revisions to
the Adequate Public Facilities Ordinance (APFO) and agreed to
schedule a public hearing on the evening of October 27 or 28
regarding the proposal.
Joe Kroboth, Director of Emergency Services, explained the
“hot/cold” dispatch system being implemented for emergency
services. Mr. Kroboth stated that 18 instructors graduated from
the Citizens Emergency Response Training course. He also
reminded the Commissioners that activities for the second
Citizens Emergency Preparedness Day would be held on November 15
at Robinwood Medical Center.
Gary Rohrer, Director of Public Works, informed the
Commissioners that he would be making a presentation to the
local Delegation to the General Assembly on the loss of State
highway user revenues and the impact of current State policy on
the County. Mr. Rohrer requested authorization to negotiate
with a local consultant for design of a pump station that would
be needed in the Hopewell Valley Industrial Park area if it
cannot be negotiated with the developer. He stated that the
station needs to be designed immediately and there is not time
to proceed through the usual
OCTOBER 7, 2003
PAGE TWO
process. The cost of the design would be passed along to
developers and is estimated to be $30,000 to $35,000.
Motion made by Commissioner Kercheval, seconded by Wivell, to
authorize the Director of Public Works to negotiate with a local
consultant to design a pump station for the next section of the
Hopewell Valley Industrial Park, with costs to be reimbursed
from future developments in the park. Unanimously approved.
PROCLAMATION – DOMESTIC VIOLENCE AWARENESS MONTH
Commissioner Kercheval presented a proclamation to Vicki
Sadehvandi, Executive Director of CASA - Citizens Assisting &
Sheltering the Abused, Inc., and Capt. Douglas Mullendore of the
Sheriff’s Department, representing the Family Violence Council,
designating October 2003 as Domestic Violence Awareness Month in
Washington County and urging all citizens to strive to
recognize, understand and respond to the needs of family
violence victims within the community. Ms. Sadehvandi thanked
the Commissioners for the proclamation.
PROCLAMATION - DISABILITIES AWARENESS MONTH
Commissioner Snook presented a proclamation to Peggy Martin, Pat
McMillan, and Sondra Funk, representing the Disabilities
Advisory Committee, designating the month of October 2003
Disabilities Awareness Week in Washington County. Ms. Martin
thanked the Commissioners for their support. She noted the
activities scheduled throughout the month to promote
disabilities awareness in the community.
CITIZEN OF THE MONTH – SCOTT SCHUBEL
The Commissioners honored attorney Scott Schubel as the Citizen
of the Month for September 2003. Commissioner Wivell presented
him with a certificate of merit for his active participation on
the Water Quality Advisory Commission and his pro bono legal
services to help facilitate the goals of Washington County
government. Mr. Schubel thanked the Commissioners for the
honor.
COMMISSIONERS REPORTS AND COMMENTS – CONTINUED
Commissioner Wivell stated that he received a report on the
condition of groundwater in Washington County from Laurie
Bucher, Director of the Environmental Health Division of the
Health Department, and recommendations on ways to improve water
quality in the area.
CERTIFICATE OF MERIT – HOUSING AUTHORITY OF WASHINGTON COUNTY
Commissioner Munson presented a Certificate of Merit to Richard
Willson, Executive Director of the Housing Authority of
Washington County, and Housing Authority employees Tianna Hart
and Bill Rogers, in recognition of their having received the
designation of HUD-Higher Performer from the Public Housing
Assessment System. The Housing Authority received the PHAS
score of 96. Mr. Willson explained how the scoring is
calculated and thanked the Commissioners for the award.
CITIZENS PARTICIPATION
Tom Lynch, counsel for the Glen Erin project, stated that his
client is attempting to meet the County’s October 31 deadline
and requested that the Commissioners consider approving the
project independent of the Zoning Ordinance. He stated that the
approval of water and sewer service from the City is tied to the
Urban Growth Area boundary. Mr. Lynch indicated that Howard
Payne would also be asking for an extension of deadline for his
development.
Robin Biser, representing the Cascade Committee and the
Chewsville, Leitersburg, Smithsburg Youth Athletic Organization,
Inc. (“CSL”), asked if consideration of the lease for the
gymnasium could be included on PenMar Development Corporation’s
October 13 agenda. Richard Douglas, County Attorney, stated
that it is his understanding that this issue would be included
on their agenda.
George Michael asked about the “ground rules” for speaking at
the public hearing on October 8. Commissioner Snook outlined
the procedures.
OCTOBER 7, 2003
PAGE THREE
SUB-LEASE OF GYMNASIUM AT FORT RITCHIE
Richard Douglas, County Attorney, presented two draft subleases
for the Commissioners’ consideration for the gymnasium and
parade grounds at Fort Ritchie. The County would sublease the
property from the PenMar Development Corporation and then
sublease it to C.S.L. (Chewsville, Leitersburg, Smithsburg)
Youth Athletic Organization, Inc. (“CSL”) for $1/year, with CSL
to pay all costs for improvements, maintenance, and utilities.
He stated that the facility must be brought into compliance with
all applicable laws and codes including ADA requirements. The
Commissioners reviewed the terms of the leases and agreed that
the parade grounds should be removed. They agreed that CSL
should also document any improvements made in the event that a
future economic development project would terminate the lease so
that CSL would have the ability to apply for reimbursement on a
pro-rated basis. The Commissioners agreed that they would
consider reimbursing CSL if this would occur.
Motion made by Commissioner Wivell, seconded by Munson, to
approve the leases, as revised, to sublease the gymnasium from
the PenMar Development Corporation and then to sublease it to
C.S.L. Youth Athletic Organization, Inc. until May 28, 2008.
Unanimously approved.
FINAL CHANGE ORDER – PRYS MILL/KEEDYSVILLE ROAD BRIDGE PROJECT
Motion made by Commissioner Wivell, seconded by Munson, to
approve the final change order for a decrease of $47,114.76 for
adjusted quantities with Building Systems, Inc. for the close-
out of the Prys Mill/Keedysville Road Bridge project.
Unanimously approved.
PURCHASE OF PROPERTY AT AIRPORT
Motion made by Commissioner Kercheval, seconded by Wivell, to
approve the option agreement to purchase two properties from
Anthony Bagley, which are needed for the Airport Runway
Extension Project Phase II, for $206,000, plus the additional
costs associated with the relocation and closing. Unanimously
approved.
RE/APPOINTMENTS – PLUMBING BOARD
Motion made by Commissioner Munson, seconded by Wivell, to
reappoint Charles Semler, G. Clair Baker, Jr., and David Hutzler
(alternate) to the Washington County Plumbing Board for three-
year terms. Unanimously approved.
REAPPOINTMENTS – ADVISORY COMMISSION TO THE BOARD OF HEALTH
Motion made by Commissioner Kercheval, seconded by Munson, to
reappoint Julie Barr-Strasburg and James Taylor to the Advisory
Commission to the Board of Health for three-year terms.
Unanimously approved.
APPOINTMENT – HOUSING REHABILITATION LOAN COMMITTEE
Motion made by Commissioner Wivell, seconded by Kercheval, to
appoint Larry Bayer to the Housing Rehabilitation Loan Committee
to fill an existing vacancy. Unanimously approved.
UPDATE – CREATION OF COUNTYWIDE EMERGENCY SERVICES FEE STRUCTURE
Jason Baer, President of the Washington County Volunteer Fire &
Rescue Association (WCVFRA), and Joe Kroboth, Director of
Emergency Services, met with the Commissioners regarding the
request made by the WCVFRA on September 9 for support of a
proposal to the State Delegation to the General Assembly for
enabling legislation for a countywide emergency services fee
structure. Mr. Baer proposed that the Commissioners appoint a
task force to evaluate the details and report to them. The
Commissioners discussed the proposal and posed additional
questions to Mr. Baer. Commissioner Kercheval stated that he
was in favor of proceeding to request enabling legislation.
Commissioners Snook, Wivell, and Munson felt that it is
premature to ask the Delegation for enabling legislation before
they receive a recommendation from the task force appointed to
research the issue and obtain input from the public.
Commissioner Snook stated that a plan should be in place before
they present a request to the Delegation.
It was the consensus of the Commissioners to support the
appointment of a task force to research the issues and make a
recommendation to them.
OCTOBER 7, 2003
PAGE FOUR
They agreed to include it in the package of requested
legislation for discussion and vote on whether to submit it to
the Delegation for consideration.
RECESS - EQUIPMENT DEMONSTRATION – WEAPONS OF MASS
DESTRUCTION/TERRORISM RESPONSE EQUIPMENT
The Commissioners recessed at 11:35 a.m. in order to view
various equipment and personal protective clothing used for
response to weapons of mass destruction and terrorism events.
The Department of Emergency Services has acquired the equipment
through grant funding.
ANNUAL LUNCHEON – WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR
CHILDREN AND YOUTH
The Commissioners attended the annual luncheon sponsored by the
Washington County Community Partnership for Children and Youth.
AFTERNOON SESSION
The afternoon session was called to order at 1:33 p.m. by
President Gregory I. Snook, with the following members present:
Vice President William J. Wivell and Commissioners James F.
Kercheval and John C. Munson.
CONTRACT EXTENSION – INTAKE/CRISIS INTERVENTION SERVICES
Motion made by Commissioner Munson, seconded by Wivell, to renew
the contract with the State Department of Juvenile Justice for
the Juvenile Community for Night Intake Services ($33,441) for a
one-year period. Unanimously approved.
BID AWARD – SNOW REMOVAL EQUIPMENT
Motion made by Commissioner Munson, seconded by Kercheval, to
award the contract for snow removal equipment to the lowest
responsive, responsible bidders as follows: One (1) articulating
rubber tire loader, diesel engine, four-wheel drive, with ramp
blade and snow basket - Standard Equipment Company for $210,446;
and One (1) dump truck (medium duty) with snow plow –
Freightliner of Harrisburg for $99,211 with extended basic
warranty. Unanimously approved.
APPOINTMENT – SOLID WASTE ADVISORY COMMITTEE
Motion made by Commissioner Munson, seconded by Wivell, to
appoint John Cohill to the Solid Waste Advisory Committee for a
three-year term and to reappoint Kenneth Conway for a three-year
term. Unanimously approved.
APPROVAL OF MINUTES – SEPTEMBER 30, 2003
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the minutes of September 30, 2003 as submitted. Motion
carried with Commissioners Munson, Kercheval, and Snook voting
“AYE” and Commissioner Wivell “ABSTAINING.”
(Commissioner Nipps arrived at the meeting at 1:49 p.m.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Kercheval, to
convene in closed session at 1:49 p.m. to discuss a personnel
matter that affects one (1) or more specific individuals,
consult with counsel to obtain legal advice, and to 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 Nipps, seconded by Wivell, to
reconvene in open session at 3:32 p.m. Unanimously approved.
In closed session, the Commissioners discussed five (5)
personnel matters that affect one (1) or more specific
individuals, consulted with counsel to obtain legal advice on
two (2) matters 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,
OCTOBER 7, 2003
PAGE FIVE
Doris J. Nipps, and John C. Munson. Also present at various
times were Rodney Shoop, County Administrator; Richard Douglas;
County Attorney; John Martirano, Assistant County Attorney; Joni
Bittner, County Clerk; Ted Wolford, Highway Superintendent; Gary
Rohrer, Director of Public Works, Jack Reynard, Fleet Manager at
the Highway Department; Brian Overcash, Safety Administrator;
David Hankinson, Director of Human Resources; and Debbie
Elliott, Third Party Administrator for Crawford & Company.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Munson, to
adjourn at 3:32 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk