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January 30, 1996
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington County
was called to order at 2:00 p.m. by the President, Gregory I. Snook, with the
following members present: Vice President John S. Shank, and Commissioners R.
Lee Downey, and James R. Wade.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Downey, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
FT. RITCHIE REUSE UPDATE
Robert Sweeney, Executive Director for the Base Reuse at Ft. Ritchie, along
with Wayne Alter and Bill Reuter, members of the LRA Executive Committee, met
with the Commissioners to provide an update on the Ft. Ritchie base reuse
schedule. Mr. Alter advised the Commissioners that he feels the Executive
Committee is ahead of schedule, and they hope to have a draft of a preliminary
redevelopment plan in the next few weeks. He stated that this would give the
Executive Committee the ability to move forward with certain prospects and with
the Department of Defense. Mr. Alter expressed his desire to have the final
strategic plan in place by this summer. Mr. Sweeney informed the Commissioners
that the Restoration Advisory Board, which is appointed by the Army, will be
meeting in February to review the environmental issues at the base. He also
stated that the Army has agreed not to take action on the National Park
Service's request for a portion of the land at Ft. Ritchie until the
redevelopment plan is in place and provided information on the environmental
clean-up which is taking place at the base. Mr. Sweeney indicated that they
are in the process of developing RFPs for various scenarios.
The Commissioners discussed the representation of the Executive Committee and
the possibility of including representation from Franklin County,
Pennsylvania, and Frederick County, Maryland. Commissioner Snook thanked them
for the update and asked that Mr. Sweeney provide regularly scheduled status
reports on the Executive Committee's activities at Ft. Ritchie.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Shank, seconded by Downey, to convene in Closed
Session at 2:31 p.m., to consider personnel matters and economic development
and property matters, in accordance with Section 10-508 of the State Government
Article of the Annotated Code of Maryland. Unanimously approved.
(Commissioner Bowers arrived at the meeting at 2:45 p.m.)
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Wade, seconded by Downey, to reconvene in Regular
Session at 5:24 p.m. Unanimously approved.
In Closed Session the Commissioners discussed three (3) personnel matters,
consulted with the County Attorney on two (2) legal matters, and discussed five
(5) economic development and land matters.
RECESS
The Commissioners recessed at 5:25 p.m.
EVENING SESSION - TOWN OF SHARPSBURG
The Evening Session was convened at 7:00 p.m. at the Sharpsburg Town Hall by
the President, Gregory I. Snook, with the following Commissioners present:
Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee
Downey, and James R. Wade.
APPROVAL OF MINUTES - JANUARY 16 AND 19, 1996
Motion made by Commissioner Downey, seconded by Shank, to approve the minutes
of January 16 and January 19, 1996, as submitted. Unanimously approved.
TAX REBATE PROGRAM - SHARPSBURG AND KEEDYSVILLE
Commissioner Snook stated that, pursuant to Section 6-306, of the Tax-Property
Article of the Annotated Code of Maryland, the Commissioners are required to
meet with each municipality annually to discuss the tax differential or
payment-in-lieu of services program. Commissioner Snook stated that for Fiscal
Year 1995 Sharpsburg is estimated to receive $3,298 and Keedysville, $2,309.
However, the money for the two municipalities is applied toward the service of
a County deputy for 30 hours per week. He also explained that the estimated
amounts will be subject to audited expenditures. Ralph Taylor, Mayor of the
Town of Keedysville, stated that the original contract stipulates that the
municipalities' matching
JANUARY 30, 1996
PAGE TWO
figure for services of the deputy cannot increase more than 10% in one year.
He indicated that the costs exceeded this percentage last year. The
Commissioners agreed to review the contract.
Snow Removal - FEMA Funding - Town of Sharpsburg
Christopher Yeager, Mayor of Sharpsburg, asked the Commissioners if they knew
the criteria FEMA used in formulating eligibility requirements for snow removal
funding. Rodney Shoop, County Administrator, stated that Washington County is
eligible for reimbursement for snow removal costs from FEMA, and he will have a
copy of the breakdown sent to the Town of Sharpsburg. Commissioner Snook noted
that FEMA officials have established an office in Funkstown this week and any
questions or concerns the towns have should be relayed to those officials.
Sewer Rates - Town of Sharpsburg
Mayor Yeager asked the Commissioners if they have an indication whether sewer
rates will be increasing in the future. Commissioner Snook informed them that
a water and sewer rate study is underway, and the consultant will be making
recommendations to them regarding a rate structure in the next few months. He
noted some of the changes which have taken place and the cost-cutting measures
undertaken at the Water & Sewer Department. Commissioner Snook also advised
them that the Commissioners took action last week to appropriate $2.2 million
per year to fund the economic development portion of the treatment plant and
interceptor. Commissioner Downey stated that the Commissioners hope to
consolidate the 19 subdistricts into 2 or 3 districts which will utilize one
rate structure. The Commissioners discussed some the problems they encountered
at the Water & Sewer Department. Russell Weaver, Councilman for the Town of
Sharpsburg and a member of the Water & Sewer Advisory Commission, stated that
the County deserves credit for the measures they have taken at the Water &
Sewer Department. He feels it will take 2 or 3 years to straighten out the
problems.
Sharpsburg - Efforts to Oppose Stadium Plans
Mayor Yeager informed the Commissioners that the Town of Sharpsburg sent a
letter to Governor Glendening in opposition to the plans to construct a new
stadium in Baltimore. The Town Councilmembers urged the Commissioners to take
a position on this issue. The Commissioners discussed the issue and
recommended that the Mayor and Council convey their position to the County's
Delegation to the General Assembly.
CITIZENS PARTICIPATION
Joe Swope, representing the Citizens for Protection of Washington County,
stated that he feels 75% of the Commissioners' meetings should be in the
evening and that more time should be allotted to citizens' participation. Mr.
Swope spoke representing the Sierra Club and expressed his opposition to
efforts to try to exempt Washington County from the vehicle emissions testing
program and the request to exempt lands zoned industrial or commercial from the
Forest Conservation Ordinance. He stated that he supports the designation of
Sideling Hill as a Wildlands Area. He also expressed his opposition to holding
closed sessions for economic development matters, having lottery funds used for
construction of a stadium, the use of POS monies for the Agricultural Education
Center, eliminating bus routes to rural areas, and the constant yield tax rate.
He stated that he feels the County should provide funding to the Hancock
Library which flooded and consider imposing impact fees. Mr. Swope questioned
why three bridges in southern Washington County are being repaired this year.
AGRICULTURAL EDUCATION CENTER NEGOTIATING COMMITTEE
John Staub and Ben Clopper, members of the Negotiating Committee for the
Agricultural Education Center Advisory Committee, and Commissioners Lee Downey
and John Shank reviewed the points discussed at the meeting held on January 17.
Commissioner Downey outlined the following negotiated items: 1) The
Commissioners will consider a contribution of $100,000 to be used to pay off
current debt with the balance to be applied toward the Matching Fund Grant.
Donations received after January 1, 1996, would be held in a separate interest-
bearing account to be applied toward the Matching Grant. Efforts must be
increased by the Board of Directors to raise donations from the community; 2)
The Board of Directors will do all necessary groundskeeping until July 1, 1996,
at which time the Parks Department will take over this responsibility with the
exception of large area mowing; 3) The Board of Directors will negotiate a
contract for snow removal from the drives and parking area and will assume this
expense. 4) The Board of Directors will make arrangements to complete all
maintenance with the County to pay the expense. The Parks Department will be
JANUARY 30, 1996
PAGE THREE
enlisted if the Board of Directors cannot complete some of the repairs; 5)
The County will carry property and liability insurance on all aspects of the Ag
Ed Center; 6) The County will assume the operating budget for 2 years and all
rental income collected during that time will go to the County. This will be
reevaluated after 2 years; 7) The Board of Directors will be responsible for
trash removal; 8) The Board of Directors must prepare a growth plan to cover
the next 2-3 year period and present it to the Commissioners; 9) The Board of
Directors must negotiate a monthly utility fee to be paid by the Kennel Club to
defray the cost of utilities used by the Club; and 10) Grading will be
completed by the County Roads Department before the mowing season begins.
Commissioner Shank stated that the timetable for matching funds for the
$100,000 grant is July 1, 1997, and these funds will probably be used to
construct the farm museum to help raise income. He also stated that the
Extension Service will be holding a management seminar to help with the growth
plan. After discussion, the Commissioners agreed to take this matter under
consideration.
APPROVAL OF TRANSIT SERVICE PROPOSAL
Ted Wolford, Superintendent of the Transportation Department, met with the
Commissioners regarding the Transit Service Proposal which was presented at the
meeting on January 16, 1996. Mr. Wolford stated that some changes have been
proposed for the plan. He stated that a private individual from Hancock is
negotiating to have Greyhound bus service provided from Hancock to Hagerstown
and will be presenting a proposal for the Commissioners' consideration. Mr.
Wolford also stated that, due to the costs involved, the proposal to provide an
additional bus for the Funkstown/West End/Salem Avenue route has been amended,
and they are now recommending that the route be a two-hour run with one bus.
Motion made by Commissioner Wade, seconded by Bowers, to approve the Transit
Service Proposal, as amended. Unanimously approved.
APPROVAL OF GUIDELINES FOR DISPOSITION OF GAMING FUNDS
Kathy Sterling, Gaming Commission Coordinator, reviewed the amendments made to
the Guidelines for Disposition of Gaming Funds which were heard at public
hearing on January 16, 1996. She explained that the guidelines were amended to
provide for the disbursement of funds twice a year and to make it clear that
the guidelines allow for use as operating funds after receiving comments and
written correspondence from the public hearing. She stated that the language
"or at any other time deemed necessary by the Commission" will be added to the
Guidelines for emergency disbursement of funds. Ms. Sterling also asked that
the deadline for submission of applications be extended to March 15 for the
first application period. Bill Feuerstein, Chairman of the Gaming Commission,
stated that they are waiting to see what changes to the legislation are
approved by the Delegation to the General Assembly in Annapolis.
Motion made by Commissioner Bowers, seconded by Wade, to approve the Guidelines
for the Disposition of Gaming Funds as heard at public hearing on January 16,
1996, as modified, with the provision that the guidelines can be revised as
deemed necessary. Unanimously approved.
ALCOHOL & SUBSTANCE ABUSE TESTING POLICY REVISIONS - PR-5 AND PR-5A
Alan Davis, Director of Human Resources, appeared before the Commissioners to
present revisions to the Alcohol & Substance Abuse Testing Policy and Drug Free
Workforce Policy. Mr. Davis stated that he was given direction to look into
the possibility of random testing of all full-time employees. Richard Douglas,
County Attorney, reviewed the issue of the legality of random testing of all
employees and stated that he believes that random testing cannot be justified
for other than safety-sensitive positions. He stated that the County may incur
legal problems if this is included in the policy. Mr. Davis reviewed the
policy which has been revised to show a "zero tolerance" posture by the County.
He stated that if an employee tests positive for drugs and it is confirmed by a
confirmatory test, an immediate recommendation will be made for dismissal of
the employee. Mr. Davis noted that if an employee tests positive during the
pre-employment physical, the offer of employment will be withdrawn. He advised
the Commissioners that if a current employee voluntarily admits to a substance
abuse problem and agrees to enter into the Employee Assistance Program, they
are not subject to termination.
Motion made by Commissioner Shank, seconded by Downey, to approve the revisions
made to the Alcohol and Substance Abuse Policy (PR-5) and the Drug Free
Workplace Policy (PR-5A) as presented by the Director of Human Resources.
Unanimously approved. (Copy of policy attached.)
JANUARY 30, 1996
PAGE FOUR
CITIZEN PARTICIPATION (CONT'D.)
Donald Allensworth spoke in opposition to the discussion of economic
development concerns for Ft. Ritchie in Closed Session.
ADJOURNMENT
Motion made by Commissioner Bowers, seconded by Wade, to adjourn at 9:30 p.m.
Unanimously approved.
County Administrator
County Attorney
Clerk