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HomeMy WebLinkAbout950926September 26, 1995 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:30 a.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. 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. PROCLAMATION - OBSERVANCE OF CHILDREN'S SABBATH Commissioner Snook read into the record the Proclamation for the First Annual Community Wide Observance of Children's Sabbath celebration to be observed in Washington County on October 20-22, 1995. APPROVAL OF MINUTES - SEPTEMBER 18 AND 19, 1995 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of September 18, 1995, as submitted, and September 19, 1995, as corrected. Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Downey reported that ARC funding in the amount of $150,000 was approved for the water line to loop into Blue Seal Feeds. Commissioner Downey also reported on the Western Maryland Consortium meeting. Commissioner Bowers commented that he feels the Planning Commission should also consider the Board of Education's school bus stop criteria and location of bus stops in its review of new housing development plans. Commissioner Wade stated that he spoke to Hagerstown City Councilman, Bill Breichner, who feels that a quarterly meeting should be scheduled between the City Council and County Commissioners to provide for better communication between the two groups. Commissioner Snook reminded the Commissioners of the Gaming Commission's scheduled work session on October 6. The Commissioners agreed not to request that the Maryland Department of the Environment hold a public information meeting for the Washington County Landfill's application to serve as a tire collection facility since it is a renewal application. The Commissioners also asked that the Volunteer Fire & Rescue Association's LOSAP recommendation and the information on the new State income tax credit be placed on the agenda for next week's meeting. NOMINATIONS TO NATIONAL REGISTER OF HISTORIC PLACES Stephen Goodrich, Senior Planner, met with the Commissioners regarding two applications for nomination to the National Register of Historic Places. Mr. Goodrich reviewed the applications for the Rufus Wilson Complex and Marsh Mills and the application process. He stated that the Historic District Commission met and is recommending the nomination of the Rufus Wilson Complex but had questions regarding the Marsh Mills application and, therefore, did not recommend the listing of Marsh Mills. Mr. Goodrich stated that the Historic District Commission did not receive all the necessary information from the State Historical Trust and did not know to contact the property owners to be present at the meeting. Mrs. Andrews, owner of Marsh Mills, spoke on behalf of the nomination of her property and requested that the Commissioners delay a decision on her property until she can meet with the Historic District Commission and address its questions. Mr. Goodrich supported this request and stated that the nomination would then go before the Governor's committee at its February meeting. The Commissioners agreed to reconsider this nomination when a recommendation is made by the Historic District Commission after they meet with the property owner. Motion made by Commissioner Shank, seconded by Bowers, to approve submitting the application of the Rufus Wilson Complex for nomination to the National Register of Historic Places to the Maryland Historic Trust. Unanimously approved. APPROVAL TO ADOPT NEW WASHINGTON COUNTY SEAL Motion made by Commissioner Shank, seconded by Bowers, to replace the existing Washington County Seal with the logo featured on County stationery depicting the bust of George Washington, the date Washington County was established, and nine stars representing the municipalities in Washington County. Unanimously approved. The Commissioners directed Ralph France, County Attorney, to prepare and file any necessary resolutions with the State of Maryland or Secretary of State's office to accomplish this act. SEPTEMBER 26, 1995 MINUTES, CONT'D. AGREEMENT WITH ECOSOMETRICS Mr. France informed the Commissioners that Ecosometrics is requesting a 60 day extension to complete the transportation development plan for Washington County. The Commissioners agreed to extend the contract for 30 days without penalty. MAINTENANCE AGREEMENT - WETLAND MITIGATION AGREEMENT Mr. France advised the Commissioners that a private wetland mitigation agreement is required by Federal regulations for Richard McCleary's Development, Walnut Heights Section I. Mr. France stated that the stormwater management pond will be turned over to the County and Mr. McCleary agrees to maintain the wetlands portion for a five year period and to hold the County harmless. The Commissioners took this under advisement at this time. TRANSFER OF TITLE - LAWRENCE AND STANLEY BANKS REALTY CO. Motion made by Commissioner Shank, seconded by Bowers, to transfer the ownership of property to the Lawrence and Stanley Banks Realty Co. which was purchased by the County through a MIDFA loan from the State in 1979 and which has been paid by the Lawrence and Stanley Banks Realty Co. Unanimously approved. HAGERSTOWN SOCCER FUND - REQUEST TO ADVERTISE FOR PUBLIC HEARING FOR CONTRIBUTION LIST The Commissioners agreed not to advertise for a public hearing to place the Hagerstown Soccer Fund on the list of non-profit agencies to which the County may contribute funds. APPOINTMENT - ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Downey, seconded by Bowers, to appoint Dot Boone to the Advisory Commission to the Board of Health for a three year term. Unanimously approved. REAPPOINTMENT - HISTORIC DISTRICT COMMISSION Motion made by Commissioner Shank, seconded by Wade, to reappoint Bruce Johnston to the Historic District Commission for a three year term. Unanimously approved. NON-PROFIT ORGANIZATIONS - PLANNING PROCESS TO MEET COUNTY NEEDS Kathy Vogt, Executive Director of the United Way, and Sue Shaffer, Director of the Parent/Child Center, met with the Commissioners to introduce the focus group of member, non-profit agency members who have formed a committee to address human service issues for the County. She stated that the goal of this effort is to initiate a comprehensive planning process for serving the needs of the community in the most cost effective way. Ms. Shaffer provided information on Washington County employment and requested that the Commissioners designate a representative to be a member of the planning committee. Craig MacLean, Executive Director of Goodwill Industries, emphasized that the committee wants to involve the community at large to help deal with problems and develop solutions. Commissioner Shank asked that the group also examine services that overlap. The Commissioners agreed to appoint a representative to serve with the group and indicated that they would contact them with the name of the individual who would serve in this capacity. PUBLIC HEARING - WASHINGTON COUNTY HEALTH DEPARTMENT PROCUREMENT POLICY The Commissioners convened the public hearing at 10:10 a.m. for the purpose of considering adoption of an Ordinance Authorizing the Washington County Health Department to Use Either the State Procurement System or the Washington County Procurement System pursuant to Section 12-109 of the State Finance and Procurement Article of the Annotated Code of Maryland. At this time, the Commissioners opened the hearing for public testimony. There were no individuals present who wished to comment, and the hearing was closed at this time. Motion made by Commissioner Downey, seconded by Wade to approve the Ordinance Authorizing the Washington County Health Department to Use Either the State Procurement System or the Washington County Procurement System. Unanimously approved. RE/APPOINTMENTS- WASHINGTON COUNTY AREA AGENCY ON AGING ADVISORY COUNCIL Motion made by Commissioner Shank, seconded by Wade, to appoint Waunita Martin and Wanda Allenback to the Area Agency on Aging Advisory Council to fill the unexpired terms of Sally Fost and Faith Crumbly for terms from January 1996 to January 1998, to appoint Catherine Drummond to the Council for a three year term from January 1996-99, and to reappoint Robert J. Hogan, Sr., and Donald Currier for three year terms from January 1996-99. Unanimously approved. SEPTEMBER 26, 1995 MINUTES, CONT'D. PUBLIC HEARING - LICENSURE OF SEPTIC TANK INSTALLERS The Commissioners convened the public hearing at 10:15 a.m. for the purpose of considering amendments to certain provisions of the Ordinance to Provide for the Licensure of Septic Tank Installers in Washington County, Maryland, relating to the increase in the licensing fee for septic tank installers from $25 to $50. At this time the meeting was opened for public comment. Donald Allensworth spoke in opposition to the proposed amendment. The hearing was closed at 10:20 a.m. Motion made by Commissioner Downey, seconded by Wade, to approve amendments to certain provisions of the Ordinance to Provide for the Licensure of Septic Tank Installers in Washington County, Maryland, to increase the licensing fee for septic tank installers from $25 to $50. Unanimously approved. CITIZEN PARTICIPATION Donald Allensworth voiced concerns about developments in the metropolitan area which have an affect on Washington County in housing policy. BOARD OF EDUCATION - AUDIT DISCLOSURE AND DISCUSSION Dr. Wayne Gersen, Superintendent of Schools, and Richard McCrory, counsel for the Board of Education, appeared before the Commissioners to present the findings of the special accounting investigation performed by Coopers/Lybrand in response to Judge McDowell's opinion that this document should be disclosed and is not a personnel record. Also present were Board of Education members Thomas Berry, B. Marie Byers, Janice Cirincione, Dori Nipps, and Robert Kline. Dr. Gersen stated that he learned of general concerns with Wayne Stouffer's performance in April 1995 regarding a computer purchased for personal use through the Board of Education's (BOE) purchasing system and was advised to seek an independent auditor and personnel attorney. Dr. Gersen reviewed the time line relative to the personnel action and his rationale for withholding the information requested by the media and County Commissioners. He stated that the following four points are critical: 1) the auditors were reviewing allegations; 2) an expert, independent analysis was necessary; 3) the auditors were given free reign and complete cooperation; and 4) his attorney hired the auditors in anticipation of the need for disciplinary action. Dr. Gersen then distributed copies of the findings by Coopers/Lybrand and proceeded to review the document. Dr. Gersen stated that the findings and exhibits show that proceeds from salvage of BOE property were used by Facilities and Maintenance Department employees for social purposes; BOE employees obtained personal items through NAEIR; employees have made personal purchases through the BOE's purchasing system; there was personal use of BOE equipment by employees; failure to follow established purchasing policies and procedures; inadequate controls over BOE property and equipment; and inadequate separation of duties between the purchasing and accounting functions. During the interviews conducted it was also determined that Mr. Stouffer had received goods through National Association for the Exchange of Industrial Resources (NAEIR) for his personal use and a whirlpool was ordered by him for South High but was not usable for that purpose and was given to the goodwill. Mr. Stouffer also purchased a computer through the BOE purchasing system and, although he did provide reimbursement, he did not pay Maryland sales tax or freight charges. Dr. Gersen stated that it was also found that Mr. Giffin purchased over $500 worth of plumbing materials for his personal use and that cash receipts do not indicate repayment. He stated that established purchasing polices were not followed on blanket purchase orders and some contracts were not competitively bid as required. Dr. Gersen also provided the settlement documents that were negotiated with Wayne Stouffer, former Director of Budget and Finance, and Ralph Giffin, former Director of Facilities & Maintenance, regarding the terms of their dismissal. Mr. McCrory stated that the confidential material was stricken from the copies but the substance of the documents and financial arrangements arrived at are included. Ms. Nipps stated that, regarding the settlement, the Board felt that the problems had been corrected and wished to go on without further litigation which would cost additional taxpayers money although they may not necessarily have agreed to everything that was included in the settlement. The Commissioners then discussed the findings of the investigation with Dr. Gersen and Board members and asked questions regarding it. In response to questions from the Commissioners, Dr. Gersen stated that the legal costs were taken from the administration category in the BOE budget and agreed to get back with them on the total amount of the legal fees used. Commissioner Wade SEPTEMBER 26, 1995 MINUTES, CONT'D. indicated that he felt Dr. Gersen should not have had to had a judge's ruling to release the audit findings to the public and asked him to reconsider his requirement that a Freedom of Information request be filed by individuals before they can purchase a copy of the audit. RECESS - LUNCH The Commissioners recessed at 12:45 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:45 p.m. by the President, Gregory I. Snook with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. BUDGET TRANSFER - LANDFILL Motion made by Commissioner Wade, seconded by Bowers, to approve the request to transfer the balance of monies on Purchase Order 25648 for Cell N-1 to cover construction costs at the Rubblefill Cell 1 and Scalehouse Contracts in the amount of $143,591.74 from Account 40-5-0100-580-006 to Account 40-5-1430-580-108. Unanimously approved. AUTHORIZATION TO ADVERTISE "B" MECHANIC POSITION Motion made by Commissioner Wade, seconded by Bowers, to advertise to fill the position of "B" Mechanic at the County Commuter. Unanimously approved. FORMAL QUOTATION AWARD - PROPERTY LINE SURVEY AND AREA MAPPING Motion made by Commissioner Shank, seconded by Bowers, to award the quotation to Davis, Renn & Associates who submitted the low quote of $8,910 for the property line survey and area mapping. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Shank, seconded by Downey, to convene in Closed Session at 1:55 p.m., with regard to personnel matters, to consult with the County Attorney, and to consider businesses relocating in Washington County, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Bowers was excused from the meeting at 3:15 p.m. RECONVENE IN REGULAR SESSION Motion made by Commissioner Wade, seconded by Shank, to reconvene in Regular Session at 4:10 p.m. Unanimously approved. In Closed Session the Commissioners discussed four (4) personnel matters, consulted with the County attorney on eight (8) matters, and discussed three (3) economic development matters. MAINTENANCE AGREEMENT - WETLAND MITIGATION AGREEMENT The Commissioners agreed to enter into the Wetland Mitigation Agreement with Walnut Heights Ltd. Partnership for the Walnut Heights Development, Section I, as presented by the County Attorney. ST. JAMES SEWER - HOOK-UP ASSISTANCE The Commissioners discussed the St. James sewer system and the minutes found in the Closed Session minutes of the County Commissioners of May 18, 1993, providing for grants to residents of St. James for hook-up to the system. The Commissioners re -affirmed the decision made in Closed Session on May 18, 1993, and agreed to provide $1,000 per household for assistance toward the hook-up cost of $5,500 and to work with the Washington County Housing & Community Development office to obtain assistance for those of low to moderate income. This pertains only to those residences located on Summerlin Court, Summerlin Drive, Woodside Drive, Chapelwood Lane, Deanewood Lane, and Sharpsburg Pike in the St. James development. ADJOURNMENT Motion made by Commissioner Wade, seconded by Downey, to adjourn at 4:11 p.m. Unanimously approved. County Administrator