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June 25, 1996
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington County
was called to order at 11:00 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.
PLEDGE OF ALLEGIANCE
The Commissioners opened the meeting with the Pledge of Allegiance to the Flag
by the full assemblage.
ECONOMIC DEVELOPMENT WORKSHOP
The Commissioners met with Blue Ribbon Panel members Dr. Robert Cirincione,
Merle Elliott, James Latimer, Philip Rohrer, Gary Wright, Woody Hawbecker, and
Alan Davis, to discuss their recommendation for the reorganization of the
Economic Development Commission (EDC). Commissioner Snook briefly reviewed the
goals and objectives presented in the report from the Panel. Mr. Elliott
stated that the major difference in the current EDC structure and what has been
proposed by the Panel is the establishment of an Economic Development Authority
which would have the authority to hire, fire, and supervise the executive
director and staff. He said that the proposed Authority would be comprised of
nine members which would be a more workable size. Gary Wright stated that the
Panel discussed contracting the staff through the County but they would be
supervised by the Director. Commissioners Bowers and Wade expressed concerns
that the Economic Development Authority and staff would be funded by the
County, but that the Commissioners would have no authority over how funds are
utilized or how the operation is administered. Mr. Elliott suggested that a
layer of final review by the Commissioners could be established. He also
indicated that the Commissioners would have final authority by withdrawing
County funding to the Authority. The discussion then focused on whether the
County should allow the Authority the power to hire and fire the staff. Mr.
Elliott stated that the Commissioners could include conditions in the
resolution that they must approve the goals and objectives presented to them
each year by the Economic Development Authority as well as concurring or not
with the Authority's recommendation for employment of the Executive Director.
The Commissioners then discussed the Panel's recommendation for membership on
the Authority. Commissioner Snook asked that the structure be modified to
provide that the County Commissioners be given four appointments and the
Chamber of Commerce two appointments. Both groups agreed that elected
officials should not serve on the Authority other than as non-voting, ex-
officio members. Also discussed was the role of the City of Hagerstown.
Commissioner Snook stated that the City has agreed to continue to be
responsible for the commercial development of the downtown area. Phillip
Rohrer discussed the framework and responsibilities of the Authority and how he
feels the staff will interact with County departments. The Panel members
suggested that the Authority's members be appointed prior to developing a job
description for the position of Executive Director or formulating the by-laws.
Motion made by Commissioner Shank, seconded by Downey, to proceed with the
recommendation, as presented by the Blue Ribbon Panel, to establish an Economic
Development Authority, to authorize the Authority to an hire an Executive
Director with the concurrence of the Commissioners and allow the Executive
Director to hire and supervise staff, and to amend the membership structure to
provide for four appointments to the Authority by the County Commissioners.
Motion made by Commissioner Bowers, seconded by Wade, to amend the main motion
to include that the Executive Director as a County department head, answerable
to the County Administrator, in working with the Economic Development
Authority. The Main Motion, as amended, was denied with Commissioners Bowers
and Wade voting "AYE" and Commissioners Shank, Downey, and Snook voting "NO."
The Main Motion carried with Commissioners Shank, Downey, and Snook voting
"AYE" and Commissioners Bowers and Wade voting "NO."
Commissioner Wade and Commissioner Bowers expressed their concern that a
volunteer board would be granted that much authority.
RECESS - LUNCH AND TOUR OF "E" POD
The Commissioners recessed at 12:33 p.m. for lunch and to tour "E" Pod at the
Detention Center. Commissioner Bowers was excused from the Meeting at this
time.
JUNE 25, 1996
PAGE TWO
AFTERNOON SESSION
The Afternoon Session was convened at 2:25 p.m. by the President, Gregory Snook
with the following members present: Vice President, John S. Shank, and
Commissioners R. Lee Downey, and James R. Wade.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that he reviewed
the County's Web page which is being developed by the Washington County Free
Library. He stated that they expect to be on the Internet by July with the
County having access by mid-September.
Mr. Shoop reminded the Commissioners of the July 11 breakfast meeting with
Governor Glendening which is being sponsored by the Greater Hagerstown
Committee.
The Commissioners asked Mr. Shoop to send a letter to the Water & Sewer
Advisory Commission asking them whether they wish for the Commissioners to
appoint two additional members to the Commission or form a sub-committee to
work with them.
The Commissioners expressed the opinion that the Water & Sewer Advisory
Commission is the appropriate body to make the decision regarding Mrs.
Stewart's appeal for a reduction in her water bill under the leakage policy.
Mrs. Stewart provided information during Citizens Participation several weeks
ago. The Commissioners asked that the Advisory Commission review this
information.
Mr. Shoop reminded the Commissioners of the forum to be held July 24th with the
Attorney General regarding crime initiatives.
LETTER OF AUTHORIZATION - HAGERSTOWN HOUSING AUTHORITY
Motion made by Commissioner Wade, seconded by Downey, to provide a letter
authorizing the Hagerstown Housing Authority to have access to the financial
records of the Washington County Housing Authority pursuant to a
confidentiality and non-disclosure agreement. Unanimously approved.
APPROVAL OF OVERLAY CONTRACT - C. WILLIAM HETZER, INC.
Motion made by Commissioner Shank, seconded by Downey, to approve the contract
for overlay of County roads with C. William Hetzer, Inc., as presented by the
County Attorney. Unanimously approved.
REAPPOINTMENT - WATER & SEWER ADVISORY COMMISSION
Motion made by Commissioner Shank, seconded by Wade, to reappoint Joseph
Robeson and Russell Weaver to the Water & Sewer Advisory Commission for three-
year terms. Unanimously approved.
APPOINTMENT - FACILITIES DESIGN REVIEW COMMITTEE
Motion made by Commissioner Shank, seconded by Wade, to appoint Jack Barr to
the Facilities Design Review Committee. Unanimously approved.
BUDGET TRANSFER - HOUSING & COMMUNITY DEVELOPMENT
Motion made by Commissioner Downey, seconded by Shank, to approve the following
budget transfers requested by Housing & Community Development to cover cost
overruns on temporary wages: $1,661.75 from Account 01-5-0211-412-000 to
Account 01-5-0213-687-000; $4,300 from Account 01-5-0211-404-000 to Account 01-
5-0211-524-000; $4,300 from Account 01-5-0211-412-000 to Account 01-5-0213-543-
000; and $10,000 from Account 01-5-0211-412-000 to Account 01-5-0211-524-000.
Unanimously approved.
BUDGET TRANSFER - COMPUTER INFORMATION SERVICES
Motion made by Commissioner Shank, seconded by Wade, to transfer $3,140 from
Account 01-5-0135-542-020 to Account 01-5-0135-687-000 as requested by Computer
Information Systems to purchase a laser printer with network interface.
Unanimously approved.
INSPECTION & MAINTENANCE AGREEMENT - PRIVATE STORMWATER MANAGEMENT FACILITIES
Motion made by Commissioner Downey, seconded by Wade, to approve the Inspection
and Maintenance Agreement of Private Stormwater Management Facilities with
Divot Realty for property located at 9449 Earley Drive as presented by the
County Attorney. Unanimously approved.
JUNE 25, 1996
PAGE THREE
DISCUSSION OF ECONOMIC DEVELOPMENT AUTHORITY DECISION
Commissioner Wade expressed his concerns about giving responsibility for
economic development to citizens who have no accountability to County
government. Commissioner Snook stated that the Commissioners will watch
closely and address any flaws in the structure at that time, and he felt they
should move forward to put a plan in place. Commissioner Shank said that the
Commissioners will have to approve the Authority's proposed work plan.
Commissioner Bowers returned to the meeting at 3:02 p.m.
ALLOCATION OF FIRE & RESCUE STATE GRANT FUNDS
Motion made by Commissioner Shank, seconded by Bowers, to distribute the 1996
allocation of Fire & Rescue State Grant funds equally based on the number of
volunteer companies in the County and the City of Hagerstown. Unanimously
approved.
The Commissioners asked that the Emergency Services Council review the two
methods of allocation and make a recommendation to them for the 1997
allocation.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Bowers, seconded by Downey, to convene in Closed
Session at 3:22 p.m., to consider personnel matters, 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 Shank, seconded by Bowers, to reconvene in Regular
Session at 3:43 p.m. Unanimously approved.
In Closed Session the Commissioners discussed eight (8) personnel matters.
PART-TIME CIRCUIT COURT STANDING MASTER POSITION
Motion made by Commissioner Downey, seconded by Shank, to authorize the
creation of the position of Circuit Court Master, contingent upon the provision
of State grant funding. Unanimously approved.
DEFINITION OF GROSS PROFIT - GAMING COMMISSION LEGISLATION
Junior Cunningham, President of the Washington County Club Association, met
with the Commissioners to ask that they consider changing the definition of
"gross profits" in the gaming law to include a deduction for the cost of the
jar. Richard Douglas, County Attorney, explained to Mr. Cunningham that the
County is bound by the unambiguous definition of the term contained in Maryland
Code, Article 27, Section 255C. He asked that the Commissioners make a request
to the Delegation to the General Assembly to change the definition in the next
legislative session. The Commissioners also advised Mr. Cunningham to meet
with the Gaming Commission to develop a definition for "in-kind services"
within the next 30 days.
Mr. Cunningham also distributed copies of the monthly Club Association Report
Form. He pointed out that the form was amended to include volunteer hours
donated each month. He also stated that members of the Association have
initiated rental charges for use of their rooms for meetings.
EMPLOYMENT - PART-TIME WEED CONTROL COORDINATOR AND FULL-TIME CUSTODIAN
I/FLOATER
Motion made by Commissioner Downey, seconded by Bowers, to employ Phillip
Pannill as Part-time Weed Control Coordinator and to employ Mary Robino as
Full-time Custodian I/Floater, to fill existing vacancies. Unanimously
approved.
BID AWARD - COMPREHENSIVE REDEVELOPMENT PLAN FOR FT. RITCHIE LRA
Karen Luther, Purchasing Agent, and Robert Sweeney, Executive Director for Ft.
Ritchie, met with the Commissioners to review the bid proposals for a
Comprehensive Redevelopment Plan which will produce an outline of the preferred
uses for Ft. Ritchie along with alternative uses. Ms. Luther and Mr. Sweeney
provided information on the firms interviewed and the reasons for not choosing
the firm submitting the low bid. Mr. Sweeney stated that the Executive Council
is recommending Sasaki Associates, Inc., who submitted the next low bid. He
stated that he has received verbal approval for OEA grant funding for the
JUNE 25, 1996
PAGE FOUR
Redevelopment Plan, which will require a 25% match.
Motion made by Commissioner Bowers, seconded by Shank, to award the bid for the
Comprehensive Redevelopment Plan for Ft. Ritchie to Sasaki Associates, Inc. in
the amount of $428,000 contingent upon OEA approval and funding. Unanimously
approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Shank, to convene in Closed
Session at 4:41 p.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 Shank, seconded by Wade, to reconvene in Regular
Session at 5:16 p.m. Unanimously approved.
In Closed Session the Commissioners discussed three (3) economic development
and property matters and one (1) legal issue.
EVENING SESSION
The Evening Session of the Board of County Commissioners of Washington County
was called to order at 7:00 p.m. at the Keedysville Town Hall 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
The Invocation was delivered by Commissioner Snook.
APPROVAL OF MINUTES - JUNE 10, 11, AND 18, 1996
Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes
of June 20, 11, and 18, 1996, as corrected. Unanimously approved.
CITIZENS PARTICIPATION
Karen Suranno presented a petition to the Commissioners regarding the road
conditions on Halifax Drive.
Thomas Clemens had several questions regarding the development proposed for
Dogstreet Road, the moratorium on sewer hook-ups which he stated were granted
without a detailed plan, and the jurisdiction of the portion of Dogstreet Road
located within the Town of Keedysville. The Commissioners agreed to check into
these matters.
Joe Swope stated that he feels the Commissioners should hold more evening
meetings in the community. He also stated that he opposes the Commissioners
meeting in closed session for economic development matters. Mr. Swope also
voiced his opinion regarding the proposal for a one percent increase in sales
tax and his support of impact fees.
Mary Barger voiced complaints regarding water problems on her property. The
Commissioners agreed to check into this matter.
Mayor Taylor, along with several citizens from the Town of Keedysville,
expressed concerns regarding the safety of Red Hill Road. He stated that he
feels the road should be widened. Several citizens also cited incidents of
drivers using excessive speed on this road.
Kathleen Riley asked the Commissioners to consider using disincentives to help
discourage development in rural areas.
Betty Markle expressed her concerns regarding the development on Dogstreet Road
and asked that a hydro-geological study be required prior to development.
CDBG RESOLUTION - STAPLES
Motion made by Commissioner Bowers, seconded by Shank, to submit an application
to the State for a Community Development Block Grant in the amount of
$1,600,000 for property acquisition for the Staples Distribution Center
project, as heard at public hearing on June 18, 1996. Unanimously approved.
JUNE 25, 1996
PAGE FIVE
REORGANIZATION OF METROPOLITAN PLANNING ORGANIZATION (MPO)
Robert Arch, Director of Planning & Community Development, presented a
Memorandum of Understanding for the Board's approval. Mr. Arch stated that the
Memorandum provides for the reorganization of the Hagerstown Urbanized Area
Metropolitan Planning Organization (MPO) into the Hagerstown/Eastern Panhandle
Metropolitan Planning Organization. He explained that this document would
establish the framework for the new organization and outlines representation on
the Interstate Council.
Motion made by Commissioner Shank, seconded by Wade, to approve the Memorandum
of Understanding for the reorganization of Hagerstown Urbanized Area
Metropolitan Planning Organization (MPO) into the Hagerstown/Eastern Panhandle
Metropolitan Planning Organization as presented. Unanimously approved.
NOTIFICATION OF FEES FOR SEDIMENT CONTROL
John Shank, II, Chairman of the Washington County Soil Conservation District,
and Elmer Weibley, District Manager, met with the Commissioners to present a
proposal for review and approval of a fee schedule for sediment and erosion
control and stormwater management pond plans. Mr. Weibley reviewed the fees
proposed. He stated that the funds would be used to hire a full-time sediment
and erosion control plan reviewer and to obtain the equipment needed.
Motion made by Commissioner Downey, seconded by Wade, to approve the fee
schedule for sediment and erosion control and stormwater management pond plans
as proposed by the Washington County Soil Conservation District. Unanimously
approved.
BID AWARD - PUBLIC OFFICIALS LIABILITY INSURANCE
Motion made by Commissioner Wade, seconded by Shank, to award the bid for the
Public Officials Liability Insurance to Frederick Underwriters who submitted
the low bid of $17,036. Unanimously approved.
CERTIFICATE OF NEEDS FOR HOSPICE IN WASHINGTON COUNTY
Bob Rauch, Executive Director of Hospice of Washington County, informed the
Commissioners that the Maryland Health Resources Planning Commission has
received Certificate of Need (CON) applications for three home health agencies
to provide general hospice services in Washington County. Mr. Rauch stated
that his organization opposes the provision of CONs to these agencies. He
informed the Commissioners that he has met with the Advisory Commission to the
Board of Health and that Dr. Gist, Chairman of the Advisory Commission, will be
requesting that the Commissioners send a letter similar to the one they sent in
opposition to CONs for home health services. The Commissioners took this
matter under advisement until they can receive Dr. Gist's letter.
APPROVAL OF ST. JAMES PARK TAXING DISTRICT
Richard Douglas, County Attorney, presented a Resolution which establishes a
for the St. James Park development. The creation of this district would allow
the developer to levy a special tax on the property which would be assessed on
the tax bill of those residents only. The proceeds would be placed into a
special fund for the taxing district. Mr. Douglas stated that Continental
Investment Corporation plans to issue special obligation bonds in an amount up
to $8 million for the sole use of providing infrastructure improvements
necessary to bring the development up to County standards. The funds from the
will then be applied to payment of the bonds. Mr. Douglas noted that a public
hearing was held on this request on February 6, 1996.
Motion made by Commissioner Bowers, seconded by Downey, to approve the
Resolution designating a special taxing district in Washington County to be
known as the St. James Park , and providing for the levy of a special tax on
property within the taxing district. Motion carried with Commissioners Bowers,
Downey, Shank, and Snook voting "AYE" and Commissioner Wade voting "NO."
INCREASE IN FEES - REGIONAL AIRPORT
Motion made by Commissioner Bowers, seconded by Shank, to adopt the increases
proposed in current charges, rentals, and fees at the Washington County
Regional Airport as heard at the public hearing held on June 18, 1996.
Unanimously approved.