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April 30, 1996
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.
PRESENTATION OF PROCLAMATIONS/RETIREMENT CERTIFICATE
Commissioner Ronald Bowers presented a proclamation to John Shank, II,
Soil and Water Stewardship
proclaiming the week of April 28-May 5, 1996, as
Week
in Washington County “in full appreciation of the value of our soil and
water to the public welfare and desiring to honor those who protect those
resources. Mr. Shank thanked the Commissioners and presented each with a
Harmony
pin which denotes the theme for the week.
Commissioner John Shank presented a proclamation to C. Walter Miller
proclaiming the week of May 1-7, 1996, as B.P.O.E. National Youth Week to honor
America’s Junior Citizens for their accomplishments and to give fitting
recognition of their services to community, state, and nation. Mr. Miller
noted that the Elks honor 16 area high school teenagers who have been selected
by their schools with “Teenager of the Year” certificates from the
Commissioners and these will be presented to them at a banquet on Wednesday,
May 1st.
Commissioner Jim Wade presented a retirement certificate to Norris Diefenderfer
who recently retired after 23 years of service to Washington County as the
Extension Service 4-H/Youth Advisor. Mr. Diefenderfer thanked the
Commissioners for this honor and for their support of all Extension Service
programs over the years.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Snook stated that the Maryland Department of the Environment (MDE)
has requested an application for a sewage sludge permit to transport sludge
from the prison complex to ICC and wanted to know if a public hearing was
necessary. The Commissioners agreed that it would not be necessary to hold a
public hearing in this matter. Commissioner Snook also asked the Commissioners
if someone could substitute for him at a library convention in Hagerstown on
Thursday, May 9th, at 9:30 am at the Ramada Inn and give the opening remarks.
Commissioner Shank reported on the Mental Health Advisory meeting and noted
that everything appears to be running much more smoothly than it had been. He
also reported on the Western Maryland Commissioners Meeting held last Friday,
April 26th, in Frederick. He reported that all counties were represented and
that an ad hoc committee was formed to review proposed legislation for the
state. The committee is to consist of County Commissioners and will meet twice
a year with the first meeting being planned for June. The five counties
(Allegany, Carroll, Frederick, Garrett, and Washington Counties) also discussed
the possibility of having their MACo booths side by side in order to coordinate
their displays. The next Western Maryland Commissioners meeting is scheduled
for Garrett County, possibly the second week of October during their autumn
festival.
Commissioner Bowers reported that Frederick County has developed by-laws for a
privatized Economic Development Commission of Frederick County which will soon
be in place. He gave a copy of the proposal to Mr. Shoop, County
Administrator, to review.
Commissioner Downey reported on a Healthy Communities 2000 sponsored luncheon
he had attended and the Drug and Alcohol Advisory Board meeting. He noted that
another item to be discussed by the Western Maryland Commissioners ad hoc
committee was the sales tax issue.
The Commissioners discussed the recycling of yard debris issue and the fact
that private haulers are charging extra to pick up yard waste. The
Commissioners agreed to invite the private haulers in to meet with them to
discuss this issue and hopefully determine a way in which to help the citizens
of Washington County.
APRIL 30, 1996
PAGE TWO
AUTHORIZATION TO RELEASE LOTS - BLACK ROCK ESTATES
Dean Lowry, Administrative Engineer, addressed the Commissioners regarding
payment of $50,000 which had been outstanding on a water and sewer construction
bill for lots in Black Rock Estates which was received on April 22, 1996. Mr.
Lowry requested permission of County Commissioners for execution and delivery
of a deed to return three lots which were put up as security to be returned per
agreement signed May 2, 1994. Mr. Lowry stated that a minor problem still
existed with a swale for which a fourth lot is being held as security. Motion
made by Commissioner Wade, seconded by Bowers, to release three lots in Black
Rock Estates back to Manny Shaool, the owner, with the fourth lot to be
returned when the swale has been accepted by the County. Unanimously approved.
SYSTEMS REFORM INITIATIVES (SRI) LOCAL MANAGEMENT BOARD APPOINTMENTS
Kristen Grosh, Children and Youth Coordinator, presented recommendations to the
Commissioners for appointments to the Local Management Board. The
Commissioners took these recommendations under advisement at this time.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, advised the Commissioners of a vacancy on
the Gaming Commission. Motion made by Commissioner Shank, seconded by Wade, to
appoint Clarence Scheer to the Gaming Commission to serve a two-year term.
Unanimously approved.
SB93 Property Tax - Semi-Annual Property Tax Billing
Mr. Shoop spoke to the Commissioners concerning the semi-annual property tax
billing legislation recently passed by the General Assembly which gives the
County the ability to charge a service charge for lost interest income
associated with the delay in payment of the second installment. Commissioner
Snook requested an example of the new billing to help them better understand
and agree on a service charge percentage.
Mr. Shoop reminded the Commissioners about the groundbreaking ceremony for
Purina Mills, Inc. for 5:00 p.m. this evening with reception/dinner at Nick’s
Airport Inn to follow.
Mr. Shoop advised the Board that the Water and Sewer Workshop that had been
scheduled for Wednesday, May 1st, has been postponed; the Commissioners agreed
on a rescheduled date of Monday, May 13th, 7:00 p.m., at the Water and Sewer
Department on Elliott Parkway.
Service Linked Housing Grant
Motion made by Commissioner Shank, seconded by Wade, to approve the submission
of Community Action Council’s application request for a three-year Service
Linked Housing Grant from the Department of Human Resources in the amount of
$82,095. Unanimously approved. This grant will enable CAC to assist with case
management services for a total of 25 families.
CERTIFICATES OF APPRECIATION - BILL FEUERSTEIN AND RICHARD LONG, GAMING
COMMISSION
Commissioner Snook presented a certificate of appreciation to Bill Feuerstein,
whose appointment as Chairperson of the Gaming Commission recently expired, for
his superb leadership in the development of the rules and regulations to
implement the Gaming Law. Mr. Feuerstein thanked the Commissioners and stated
that he could not have done this job without the help of everyone on the
Commission.
Commissioner Downey presented a certificate of appreciation to Richard Long for
his service as a member of the Gaming Commission and for his role in molding
the Gaming Commission into the organization it is today. Mr. Long thanked the
Commissioners and stated that everyone played an important part in the
formulation of the Gaming Commission.
Kathy Sterling, Gaming Commission Coordinator, stated that the next
distribution period will be between July 1st and July 31st.
Local Federal Emergency Management Agency Board
Mr. Shoop advised the Commissioners of the need to appoint a government
representative to the Local FEMA Board. This appointment is mandated by the
National FEMA Board. This position has been open since the resignation of
APRIL 30, 1996
PAGE THREE
Kathleen Riley as Division Chief of Citizen Services. No decision was made at
this time.
Emergency Services Council
Mr. Shoop discussed with the Commissioners the need for their direction in
determining goals and objectives for the members of the Emergency Services
Council. After some discussion, the Commissioners agreed to hold a workshop
for this purpose next Tuesday afternoon, May 7th.
BID RECOMMENDATION: SALE OF CONSTRUCTION TESTING EQUIPMENT - WATER AND SEWER
DEPARTMENT
Motion made by Commissioner Bowers, seconded by Shank, to reject the sole bid
of Penniman & Browne (P&B) received for the sale of the above-mentioned
equipment citing that bid prices were over-budget and to allow the Water and
Sewer Department to enter into negotiations with Penniman & Browne for the
equipment. Unanimously approved.
BID RECOMMENDATION: HIGH-PERFORMANCE PHOTOCOPIER
Karen Luther, Purchasing Agent, and Bob Graff, Facilities Administrator,
discussed with the Commissioners the possibility of renting a copier under a
State contract as opposed to purchasing a copier. Should a State contract be
used, the $65,000 budgeted in the FY96 CIP budget could be returned and used to
help offset the $71,000 shortfall in CIP projects. The concept of a
decentralized copier approach was also discussed which would increase office
production and assist in more efficient time management. Motion made by
Commissioner Bowers, seconded by Shank, to reject the bids submitted for the
high-performance photocopier, return the $65,000 to the CIP budget, and accept
the recommendation to go with State rental contract. Unanimously approved.
Mr. Shoop reminded the Commissioners that he would give a dry run of the budget
presentation on Thursday morning from 9:00-10:00 and that the Water and Sewer
Public Hearing will be held the first week of June. The suggested date was
June 6th with the location to be determined.
CITIZENS PARTICIPATION
John Mullendore of Clear Spring; Paul Pittman, Executive Director of the Child
Resource Center; and Don Allensworth addressed the County Commissioners at this
time.
Commissioner Downey stated that he had received a call from Bonnie Distad of
the Maryland Health Resources Planning Commission requesting the aid of the
Commissioners in scheduling a public hearing on the matter of home health
agency requests for a Certificate of Need (CON) to serve Washington County by
VNA of Maryland and Bay Area Health Care. They would like to have a
Commissioner in attendance. Commissioner Downey suggested that if no one can
attend, a letter should be drafted to the Health Resources Planning Commission.
SEMI-ANNUAL TAX BILLING
Debra Bastian, Director, Budget and Finance, and Todd Hershey, Washington
County Treasurer, appeared before the Commissioners for a continued discussion
on the semi-annual tax billing which takes effect as a result of SB93,
Property Tax - Semi-Annual Property Tax Billing.
A sample copy of the new tax
bill was given to each Commissioner and discussion ensued. The new tax bill
reflects a coupon system and gives taxpayers the option to pay their taxes in
one lump sum or semi-annually. The County will lose revenue with semi-annual
payments. Discounts on half the bill are given with the choice to make semi-
annual payments. Mr. Hershey stated that the Board of County Commissioners
needs to approve the service charge based upon the rate of interest the County
is going to forfeit. According to the law, the percentage should be
“reasonably equivalent to the anticipated lost interest income associated with
the delay in payment of the second installment.” The Commissioners agreed to
discuss this matter again at next week’s meeting.
BID AWARD: NICODEMUS MILL ROAD BRIDGE
Motion made by Commissioner Downey, seconded by Commissioner Bowers, to award
the above-named project to the firm of Antietam Construction, Inc. for the as
bid price of $157,867.00. Unanimously approved.
APRIL 30, 1996
PAGE FOUR
HOPEWELL ROAD WATER LINE
Gary Rohrer, Director of Public Works, advised the Commissioners that bids have
been received on the Hopewell Road Water Line project. The totals are
significantly over the budgeted amount. After some discussion, a motion was
made by Commissioner Bowers, seconded by Downey, to award the contract to
Charles E. Brake Company, the low bid meeting specifications, and to transfer
$175,000 for the Hopewell Road Extended project in the CIP budget to meet the
shortfall. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Shank, seconded by Bowers, to convene in Closed
Session at 11:27 a.m. to consider personnel matters, to consult with counsel
regarding legal issues, and to consider businesses relocating to Washington
County, in accordance with Section 10-508 of the State Government Article of
the Annotated Code of Maryland. Unanimously approved.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Downey, seconded by Wade, to reconvene in regular
session at 3:00 p.m. Unanimously approved.
In Closed Session, the Commissioners discussed five personnel matters, six
legal matters, and two economic development matters.
EMPLOYMENT DECISIONS
Motion by Commissioner Shank, seconded by Downey, to employ the following
individuals to fill existing vacancies: County Commuter Part-Time Occasional
Bus Operators - David Stuller, James Mitchell, Elton Shelly, and Herman
Stockslager; Parks Maintenance Person I - David Wayne Toms; and Legal
Administrative Secretary - Cathy Blair Chalfant.
DOGSTREET ROAD REHAB BID TABULATIONS
Motion made by Commissioner Shank, seconded by Downey, to award the bid to the
second lowest bidder, Building Systems, in the amount of $48,076 due to lack of
prior relevant experience of the low bidder for a stone masonry arch bridge.
Unanimously approved.
WELTY CHURCH ROAD BRIDGE REPAIR
Terry McGee, Chief Engineer, stated that this repair project was submitted for
FEMA funds for complete replacement; however, funds have not yet been received.
Motion made by Commissioner Shank, seconded by Wade, to award the Welty Church
Road Bridge Repair to Building Systems, Inc. in the amount of $68,405 and to
transfer $60,000 from CIP Contingency to fully fund the project as approved, to
be reimbursed at a later date when FEMA funds are received. Unanimously
approved.
ADJOURNMENT
Motion made by Commissioner Bowers, seconded by Wade, to adjourn at 3:12 p.m.
Unanimously approved.
_____________________________
County Administrator
_____________________________
County Attorney _______________________, Clerk