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June 3, 1997
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of Washington County was
called to order at 7:30 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.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Shank, to convene in Closed
Session at 7:33 a.m. to consider the acquisition of real property for a public
purpose and matters directly related thereto, to consult with counsel to obtain
legal advice and to discuss pending litigation, 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 Wade, seconded by Downey, to reconvene in open
session at 8:26 a.m. Unanimously approved.
In closed session the Commissioners consulted with counsel to obtain legal advice
on three (3) issues, discussed one (1) issue regarding pending litigation, and
one (1) matter to consider the acquisition of real property for a public purpose
and matters directly related thereto .
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.
APPROVAL OF MINUTES - MAY 13 AND 14, 1997
Motion made by Commissioner Bowers, seconded by Downey, to approve the minutes of
May 13 and 14, 1997, as submitted. Unanimously approved.
PROCLAMATION - INTERNATIONAL SERVICE CLUB DAY
Commissioner Snook presented a proclamation to Robert Davenport naming June 2,
1997, as International Service Club Day in Washington County in honor of those
individuals who deserve acclaim for helping to make our community a better place.
Mr. Davenport thanked the Commissioners for the proclamation.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Snook informed the Commissioners of two applications received from
the Maryland Department of the Environment (MDE) for sewage sludge application in
Washington County. The Commissioners decided to request that MDE hold public
information meetings on these applications.
Commissioner Snook stated that he received a packet of information from Lawrence
Martin regarding an appeal which was denied by the Board of Education.
Commissioner Snook indicated that Mr. Martin requested that the Commissioners get
involved with the case. The Commissioners discussed the matter and agreed that
an appeal of the Board of Educations decision should be heard by the State Board
of Education. They asked that the County Attorney review the information and
respond to Mr. Martin.
Commissioner Snook also reported on the swearing-in ceremony for the new
Hagerstown Mayor and Council.
Commissioner Wade reported on the Planning Commission meeting.
Commissioner Bowers asked when a meeting will be scheduled with the Delegation to
the General Assembly, City of Hagerstown officials, and the Convention & Visitors
Bureau (CVB) Transition Board. He expressed concerns about the
JUNE 3, 1997
PAGE TWO
changes planned by the CVB Transition Board. Commissioner Wade asked that the
County present its concerns with regard to the changes planned by CVB Transition
Board and how they will affect County tourism efforts as well as those of the
other municipalities in the County.
Commissioner Downey reported on the dedication of the new Halfway Volunteer Fire
Company Station 26.
SOLE SOURCE PROCUREMENT - PERMITS & INSPECTIONS
Motion made by Commissioner Downey, seconded by Wade, to authorize the purchase
of software for the Permits & Inspections Department from Enhanced Systems, Inc.,
as a sole source procurement under Section 1.106.2(a)(1) of the Code of Public
Local Laws of Washington County, for the total price of $29,400. Unanimously
approved.
CONVENE SITTING AS THE BOARD OF HEALTH
Motion made by Commissioner Bowers, seconded by Shank, to convene sitting as the
Board of Health at 9:00 a.m. Unanimously approved. Separate minutes will be
kept of this session. The Commissioners adjourned the Board of Health at 9:46
a.m.
1997 MARYLAND HOTSPOT COMMUNITIES INITIATIVE
Charles Messmer, Director of the Jail Substance Abuse Program (JSAP), and Dale
Jones, Chief of the Hagerstown Police Department, met with the Commissioners to
provide an update on the project submitted by Washington County under the
Maryland Hotspot Communities Initiative Program. Mr. Messmer explained that
the Jonathan Street corridor was identified through State Police mapping as the
area where most of the violent crime in the County takes place. He provided an
overview of the project and stated that this initiative hopes to make an impact
on crime by getting the community involved as well as all law enforcement
agencies. Chief Jones informed the Commissioners of the project request for
$280,000 which will fund a coordinator position, correctional officer and
substance abuse officer.
UPDATE - SMART GROWTH LEGISLATION
Robert Arch, Director of Planning & Community Development, distributed a copy of
Senate Bill 389 concerning Smart Growth areas, which was approved during the
l997 session of the General Assembly. Mr. Arch reviewed the provisions contained
in the bill and the changes made prior to its approval. He explained how the
legislation would apply in various situations. Mr. Arch stated that the Planning
Commission will be meeting with the Frederick County Planning Commission
regarding the possibility of submitting a joint project under the Rural Legacy
area legislation. Rodney Shoop, County Administrator, commended Mr. Arch for
ensuring that Washington Countys interests were represented and for working
closely with the Maryland Association of Counties.
CITIZENS PARTICIPATION
Donald Allensworth informed the Commissioners of newspaper articles he has read
on Frederick Countys strategies on solid waste planning.
Jenny Belliotti expressed her dismay that the County Commissioners did not fully
fund the Board of Educations proposed budget.
Carolyn Brooks stated that she feels the Board of Educations budget should have
been funded in full.
Walter Evans expressed the need to encourage tourism in Washington County and the
need for the tourist information centers.
JUNE 3, 1997
PAGE THREE
PENMAR DEVELOPMENT CORPORATION - APPOINTMENT OF BOARD MEMBERS AND EXECUTIVE
DIRECTOR
Robert Sweeney, Executive Director of the Fort Ritchie LRA, reviewed the list of
potential members recommended for appointment to the Board of Directors in the
conversion from the LRA to the PenMar Development Corporation (PMDC). Mr.
Sweeney recommended that the nine current LRA board members whose terms do not
expire in 1997 be appointed, as well as Commissioner Bowers, who now serves as
the liaison member and five additional members. He reviewed the list of
individuals recommended for appointment. Mr. Sweeney indicated that the
legislation calls for four-year terms, but the PMDC will make a recommendation as
to how these terms should be staggered.
Motion made by Commissioner Shank, seconded by Bowers, to appoint Wayne Alter,
Terry Randall, William Reuter, Malcolm Davis, Ken Jones, Kathleen Riley, JoAnn
Hersh, Paul Mellott, and Howard Blackie Bowen, to the PenMar Development
Corporation Board for staggered terms of up to four years. Unanimously approved.
The Commissioners then discussed the recommendation to appoint Commissioner
Bowers to the PMDC Board. Commissioner Wade stated that he feels the sitting
president of the Board of County Commissioners should represent the Commissioners
on the Board. Commissioner Shank contended that no elected officials should be
appointed to a board unless it is in an exofficio capacity.
Motion made by Commissioner Shank, seconded by Wade, to appoint an elected
officials only as a non-voting, ex-officio members of the PenMar Development
Corporation.
Motion made by Commissioner Bowers to amend the main motion to provide that the
elected member of the Board of County Commissioners serving on the Planning
Commission may be a non-voting member. Motion died for lack of a second.
At this time Commissioner Shank, withdrew his motion and Commissioner Wade
withdrew his second to that motion.
Motion made by Commissioner Wade, seconded by Shank, that the sitting President
of the Board of County Commissioners be appointed to the PenMar Development
Corporation Board. Motion carried with Commissioner Wade, Shank, Downey, and
Snook voting AYE and Commissioner Bowers voting NO.
Motion made by Commissioner Bowers, seconded by Wade, to appoint Robert Sweeney
as Executive Director to serve at the pleasure of the PenMar Development
Corporation. Unanimously approved.
FISCAL YEAR 1998 BUDGET DISCUSSIONS - BOARD OF EDUCATION
Dr. Wayne Gersen, Superintendent of the Board of Education, Chris South, Director
of Budget & Finance, met with the Commissioners regarding the fiscal year 1998
budget. Also present were elected Board of Education members Dori Nipps, Edwin
Hayes, Robert Kline, and Andrew Humphreys. Dr. Gersen requested that the
Commissioners reconsider their funding to the Board of Education and allocate all
of the $3,992,332 to the operating budget. He stated that appropriating $2.1
million through one-time funding grants would undermine the Board of Educations
efforts to provide baseline services to students. Dr. Gersen outlined the
adverse impact to the budget and programs which may have to be eliminated. Dr.
Gersen stated his belief that the County has under-estimated its income and
property tax revenues for fiscal year 1998 by $2.5 million. He then presented
the projections the Board feels are accurate. At this time, each member of the
JUNE 3, 1997
PAGE FOUR
Board of Education voiced concerns regarding the budget. Commissioner Wade again
stressed the need for a multi-year budget to allow the Commissioners to plan
funding increases. The Commissioners took this matter under consideration and
agreed to make a decision later in the session.
APPROVAL OF BUDGET TRANSFERS - WATER & SEWER DEPARTMENT
Motion made by Commissioner Downey, seconded by Bowers, to transfer $3,500 from
Account 006-712-71400-507 to Account 006-712-71400-497 to complete the materials
and labor needed for secondary controls for all pump stations, as requested by
the Water & Sewer Department. Unanimously approved.
Motion made by Commissioner Wade, seconded by Shank, to approve the transfer of
$1,200 from Account 006-712-71400-513 to Account 006-712-71400-528, as requested
by the Water & Sewer Department, for repair and installation of the control
boards at the Highfield pump station. Unanimously approved.
Motion made by Commissioner Shank, seconded by Downey, to approve the request of
the Water & Sewer Department to transfer $1,500 from Account 006-712-71400-513 to
Account 006-712-71400-489 for repair and installation of the Kemps Mill pump
station comminutor. Unanimously approved.
Motion made by Commissioner Shank, seconded by Downey, to approve the transfer of
$10,000 from Water & Sewer Department Account 006-711-71400-269 to Account 006-
711-71400-284, as requested by the Water & Sewer Department, for emergency repair
of the spring houses which supply the Mt. Aetna water system and to install a
well pump, electricity, and piping. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners of the workshop
meeting with the Local Management Board on June 12th. He stated that the joint
meeting with City of Hagerstown officials which was scheduled to follow this
meeting, has been canceled. Mr. Shoop also reminded the Commissioners of the
public hearing on water and sewer rates scheduled for June 4. The Commissioners
then discussed the payment of the water and sewer debt and the sources used for
this repayment.
RECESS - LUNCH
The Commissioners recessed for lunch at 12:16 p.m.
AFTERNOON SESSION
The Afternoon Session was called to order at 1:13 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.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Downey, seconded by Shank, to convene in closed
session at 1:13 p.m. to consider personnel issues and to consult with counsel to
obtain legal advice, 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 Downey, seconded by Shank, to reconvene in open
session at 2:13 p.m. Unanimously approved.
In closed session the Commissioners considered eight (8) personnel issues and
consulted with counsel to obtain legal advice on five (5) issues.
JUNE 3, 1997
PAGE FIVE
PERSONNEL DECISIONS - RECREATION & PARKS AND WATER & SEWER DEPARTMENT
Motion made by Commissioner Downey, seconded by Wade, to hire Fred Robinson as a
Part-time Seasonal Ballfield Attendant at $4.75 per hour and to hire Gary
Sweigert as Groundskeeper at the Water & Sewer Department at $7.75 per hour.
Unanimously approved.
JOINT MEETING WITH AIRPORT COMMISSION
The Commissioners met with Carolyn Motz, Manager of the Regional Airport, and
Airport Commission members, Douglas Stine, Pete Warrenfeltz, Steve Pearl, and
David McCain. Ms. Motz introduced Chris Howley, Vice President - Airport
Division of Republic Parking. Mr. Howley presented information regarding the
institution of a paid parking system at the Regional Airport. His presentation
included the advantages and disadvantages of a paid parking system, a comparison
of revenues from parking fees at airports similar in size to the Washington
County Regional Airport, and various designs for the parking lot area. Mr.
Howley estimated that the capital expense to the County would be $64,000. He
then answered questions from the Commissioners regarding his presentation.
Commissioner Bowers asked that the Airport Commission to investigate the
possibility of placing a fee per enplanement which could be charged for use of
parking facilities and other ways of generating revenues for the Airport.
The Commissioners discussed the Airports budget for fiscal year 1998 with the
Airport Commission and the revisions made to it. They also addressed the
questions from the Commission members on the budget. Also discussed were the
proposed changes to the Airport Commission bylaws. The Commissioners stated that
the County Attorneys office is reviewing the bylaws and they may be updated in
the future.
BOARD OF EDUCATION - BUDGET DISCUSSIONS
The Commissioners discussed the request made by Dr. Gersen and the Board of
Education regarding the distribution of funding for fiscal year 1998. The
Commissioners stated that if they grant the request to change the funding from
one-time expenses to the operating budget, they would like to be informed as to
the ultimate distribution of those funds. The Commissioners asked for assurances
from the Board of Education that three percent of the funding will be allocated
for pay raises for senior teachers who are at the top of the pay scale and for
classified employees. It was the consensus of the Commissioners to approve a
change in the allocation of those additional funds, originally designated for
one-time expenses, to the operating budget, for a total contribution of $3
million to the cost of operations.
RENEWAL OF LEASE FOR AGRICULTURAL PURPOSES
Motion made by Commissioner Wade, seconded by Downey, to approve the lease
agreement with Lynn B. Kendle for a three-acre parcel located on Beaver Creek
Road for agricultural purposes for the period June 1, 1997 through May 31, 1998,
for an annual rental of $75. Unanimously approved.
Commissioner Bowers was excused from the meeting at 4:21 p.m.
CONCESSION AGREEMENTS - HUB CITY SOFTBALL LEAGUE AND PINESBURG SOFTBALL LEAGUE
Motion made by Commissioner Shank, seconded by Wade, to approve the lease
agreement with the Hub City Softball League for use of the concession facilities
at the Martin L. Snook Park and to approve the lease agreement with the Pinesburg
Softball League for use of the concession facilities at the Pinesburg Softball
Complex, as presented by the County Attorney. Unanimously approved.
JUNE 3, 1997
PAGE SIX
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Downey, to convene in closed
session at 4:23 p.m. to consult with counsel regarding legal issues and to
consider the acquisition of real property for a public purpose and matters
directly related thereto, 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 Shank, seconded by Wade, to reconvene in open session
at 4:48 p.m. Unanimously approved.
In closed session the Commissioners considered two (2) property matters and
consulted with counsel to obtain legal advice on one (1) issue.
SETTLEMENT AGREEMENT - MT. AETNA WATER COMPANY
Motion made by Commissioner Shank, seconded by Wade, to approve the settlement
agreement with one of the parties in the litigation involving the Mt. Aetna Water
Company, as presented by the County Attorney.
CONTRACT APPROVAL - MENTAL HEALTH AUTHORITY
Motion made by Commissioner Shank, seconded by Downey, to approve the core
services contract from the Department of Health and Mental Hygiene to provide
grant funds to the Washington County Mental Health Authority for distribution.
Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Wade, seconded by Downey, to adjourn at 4:51 p.m.
Unanimously approved.
County Administrator
County Attorney
, Clerk
June 3, 1997
Board of Health Minutes
The Board of County Commissioners of Washington County convened at 9:00 a.m.
sitting as the Board of Health with Commissioners Gregory I. Snook, President;
John S. Shank, Vice President; Ronald L. Bowers; R. Lee Downey; and James R. Wade
present. Also present were members of the Advisory Commission to the Board of
Health; Dr. Robert Parker, Health Officer; and members of the Health Department
staff.
Dr. Harold Gist, Chairman of the Board of Health, reported on the activities of
the Advisory Commission to the Board of Health. He also informed the
Commissioners that the membership voted to name the new building after Dr. John
Neill, previous Health Officer, and stated that the facility is now in operation.
Dr. Parker provided a progress report and overview of the Health Department
services. He informed the Commissioners that the HealthChoice program was
initiated yesterday to enroll individuals who are eligible for Medicaid into
managed care programs. Dr. Parks distributed information on the managed care
systems available in Washington County and outlined the role the Health
Department will play in this new program.
School Health Nurse Program
Phyllis Eshleman thanked the Commissioners for funding the final phase of the
school health nurse program. Ms. Eshleman provided information on the benefits
of having nurses on staff at the schools. She stated that the nurses are
developing health plans for the students with significant health problems. The
nurses are also helping with health education classes and immunization clinics.
Satellite Clinic Attendance
Linda Humbert presented a summary of the services provided at the satellite
clinic locations for 1996 and for the first six months of 1997. She presented
statistics on the number of patients seen at each clinic location .
Environmental Health Program
Rod MacRae distributed information on environmental health programs which are
administered through the Health Department under the Maryland Department of the
Environment (MDE) and the Department of Health and Mental Hygiene (DHMH). Mr.
MacRae stated that on-site water and sewer services make up the largest
percentage of their work. He stated that 60% to 70% of the programs administered
through MDE are mandated without associated State funding. The Commissioners
discussed the sewage sludge application program and requested that the Advisory
Board review the possibility of County administration of the program.
Assisted Living Programs
Dr. Parker reviewed a letter from Ed Branthaver regarding the proposed changes in
the COMAR regulations for assisted living programs. He stated that they feel the
new regulations will make it very difficult for smaller assisted living
operations and place unreasonable demands and increased expenses on the care
givers. Dr. Parker stated that they are not comfortable with the regulations as
currently proposed and hope that they can be modified. The Commissioners asked
Dr. Parker to prepare and submit comments requesting that these regulations be
reviewed.
The Commissioners adjourned sitting as the Board of Health at 9:46 a.m. and
reconvened in open session.
June 4, 1997
Hagerstown, Maryland
PUBLIC HEARING - WATER & SEWER RATES - FISCAL YEAR 1998
A public hearing to consider the proposed rates for water and sewer service for
Fiscal Year 1998 was called to order at 7:00 p.m. in Court Room No. 1 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. Also present
were Water & Sewer Advisory Commission members Clarence Scheer, Bonnie Parks, Ed
Renn, Gordon Crabb, Mike Armel, Glenn Fishack, and Christopher Diehl.
Greg Murray, Director, Water & Sewer Department, presented an overview of water
and sewer operations and the rates proposed. He stated that key variables to
determine rates are customer growth, County funding, operations and maintenance
projections, capital improvement projects, reserves, and revenue increases. Mr.
Murray reviewed the outstanding debt of the Water & Sewer Department.
Mr. Murray proceeded to detail the operations for sewer services. He presented
the sources of funding and the use for the funds for the sewer operations for a
total budget of $7,243,390. Mr. Murray also reviewed the principal and interest
payments, revenue requirements, and projected revenue increases for sewer
operations.
The total budget for water operations is $1,032,070, and Mr. Murray detailed the
source of funds for the operations. Mr. Murray then reviewed the principal and
interest payments, revenue requirements, and projected revenue increases for
water operations.
The following quarterly rates are proposed for water and sewer:
Full Service: Water Sewer
Base for 6,000 gallons per account
Residential $65.55 $62.84
Commercial I $65.55 $62.84
Commercial II $83.70 $89.15
Volunteer Service $65.55 $62.84
Volume per 1,000 Gallons
Residential $ 5.75 $ 4.06
Commercial I $ 5.75 $ 5.60
Commercial II $ 5.25 $ 7.20
Volunteer Service $ 5.75 $ 4.06
Proposed Quarterly Rate for Water and Sewer:
Water Distribution Only - $70 per EDU
Sewer Collection Only - $40.per EDU
Sewer Wholesale Customers - $3.27 per 1,000 gallons
Mr. Murray stated that the proposed quarterly increase for the average sewer
customer would be $4.13 and, for the average water customer, $2.34.
At this time, Commissioner Snook opened the hearing for public testimony. After
hearing all testimony, the hearing was adjourned at 8:05 p.m.
County Administrator
County Attorney
, Clerk