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July 29, 1997
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington County,
Maryland, was called to order at 1:30 p.m. by the Vice President, John S.
Shank, with the following members present: Commissioners R. Lee Downey and
James R. Wade.
COPS UNIVERSAL HIRING PROGRAM GRANT
Sheriff Charles Mades met with the Commissioners regarding the COPS Universal
Hiring Program Grant. He stated that the COPS Office would like to know the
number of additional law enforcement officers Washington County would consider
receiving in the next available round of funding. Sheriff Mades explained
that future grant awards will be based on this information. He stated that he
will also request that the Department of Justice waive the matching fund
percentage.
Motion made by Commissioner Downey, seconded by Wade, to pursue the COPS
Universal Hiring Program Grant and to send a letter expressing Washington
Countys interest in the program to the Department of Justice. Unanimously
approved.
FUTURE OF WOODMONT FACILITY
Mike Nelson, Deputy Assistant Secretary for the Department of Natural
Resources (DNR), appeared before the Commissioners regarding the future of the
Woodmont Rod and Gun Club. Mr. Nelson stated that DNR is proposing to lease a
portion of Woodmont to a new local chapter of the Izaak Walton League of
America, Inc. He indicated that through this public/private partnership they
are trying to protect the resources at Woodmont and develop expanded public
access due to existing budget constraints. Mr. Nelson explained that the
Izaak Walton chapter will bear the costs of maintenance of the structure and
grounds and provide site security. He stated that the Izaak Walton League is
to provide DNR with a conservation plan for the use of Woodmont and a plan to
ensure public enjoyment of the property.
Mr. Nelson stated that he realizes that this is a controversial issue and, in
return for maintenance of the property, the Izaak Walton league wants to
maintain a regulated shooting area on 1,400 acres of the total 3,400 acres
acquired by the State. He indicated that access will be restricted on this
property from October through March except during the two-week deer firearms
season. In response to questions from the Commissioners, Mr. Nelson stated
that there will be no charge to access the grounds. He also agreed to allow
the Commissioners to review the plan for Woodmont before it is finalized. Mr.
Nelson replied that the cost to join the new chapter of the Izaak Walton
League will be in the neighborhood of $10,000. The Commissioners suggested
that a public hearing be held on the master plan to allow the public to
comment.
Commissioner Snook arrived at the meeting at 2:06 p.m. and assumed the chair.
Commissioner Snook opened the meeting for public comment and questions. Jack
Wetzel asked various questions about the deed for the property and where it
was recorded. Mr. Nelson agreed to provide a copy of the deed to the
Commissioners. Robert Harsh asked for information on the costs of capital
projects, and Mr. Neville stated that he is opposed to having a portion of the
property restricted for public use. Mr. Nelson apologized that DNR did not do
an adequate job of keeping the Commissioners informed of its plans. He stated
that the proposed partnership with the National Office of the Izaak Walton
League and the local chapter can provide benefits to the community and allow
the club to be opened and maintained.
JULY 29, 1997
PAGE TWO
ON BEHALF OF (OBO) - MARYLAND MORTGAGE PROGRAM
Motion made by Commissioner Shank, seconded by Wade, to assign its 1997
housing bond allocation to the Community Development Administration for the On
Behalf of Program for use in the Maryland Mortgage Program and to approve the
increase in the limit for home sales to $126,300. Unanimously approved.
HUD GRANT APPLICATION FOR COMPREHENSIVE PLAN UPDATE
Motion made by Commissioner Wade, seconded by Downey, to approve an
application to the Department of Housing & Urban Development for a $100,000
grant to retain a consultant to update the Comprehensive Plan. Unanimously
approved.
REZONING CASE RZ-96-10 (ETHEL V. SMALL AND THE ESTATE OF ELEANORA MCCUBBIN)
Beth Evans, Assistant County Attorney, reviewed rezoning case RZ-96-10
submitted by Ethel V. Small and the estate of Eleanora McCubbin and the
findings which were made at the April 22 and June 24 meeting prior to their
action to table a final decision on the rezoning request for the property.
She stated that the Commissioners adopted the definition of neighborhood as
presented and found that there had been a substantial change in the character
of the neighborhood. The Commissioners also found that HI-2 was not the
appropriate zoning for the property and adopted findings of fact. Ms. Evans
stated that the Commissioners gave the applicant time to withdraw the
application, but they have decided that they wish to pursue this case.
Motion made by Commissioner Shank to approve rezoning case RZ-96-10. Motion
died for lack of a second.
Motion made by Commissioner Downey to deny the request to rezone property to
HI-2 as requested in Rezoning Case RZ-96-10 submitted by Ethel V. Small and
the Estate of Eleanora McCubbin.
At this time Commissioner Snook relinquished the chair to Vice President
Shank, in order to second the motion made by Commissioner Downey. Vice
President Shank called for the question, and the motion carried with
Commissioners Downey and Snook voting AYE, Commissioner Shank voting NO,
and Commissioner Wade ABSTAINING.
RZ-96-012 - BUFFER YARDS FOR HI-1 DISTRICT
Motion made by Commissioner Shank, seconded by Wade, to approve RZ-96-012
amending the setback requirements in HI-1 zoned areas and establishing buffer
yards of 25 feet, as heard at public hearing. Unanimously approved.
(This Motion was reconsidered later in this session, to allow Commissioner
Bowers to vote on this issue, and was unanimously approved.)
RZ-96-5.1 - COMPREHENSIVE REZONING (I-70 AND MD 68)
Robert Arch, Director of Planning & Community Development, met with the
Commissioners to review his recommendation for Comprehensive Rezoning Case RZ-
96-5.1 (I-70 and MD 68) as directed by the Commissioners at the meeting on
July 15. Mr. Arch distributed a map of the area and stated that the
recommendation proposes that 20 acres of the parcel along Route 40 be zoned
HI-1. He informed the Commissioners that the property owner has asked that no
action be taken at this time to allow him the opportunity to review the
recommendation. The Commissioners took no action at this time.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Shank, to convene in closed
JULY 29, 1997
PAGE THREE
session at 5:26 p.m. to consider personnel issues and to consider matters that
concern the proposal for a businesses or industrial organizations to locate,
expand, or remain in the State, 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 3:10 p.m.)
RECONVENE IN OPEN SESSION
Motion made by Commissioner Bowers, seconded by Wade, to reconvene in open
session at 5:26 p.m. Unanimously approved.
In the Commissioners considered twelve (12) personnel issues and fourteen
(14) issues related to the location, expansion or retention of business or
industrial organizations.
RECONSIDERATION OF MOTION -RZ-96-012 - BUFFER YARDS FOR HI-1 DISTRICT
.
Motion made by Commissioner Wade, seconded by Shank, to reconsider the motion
taken earlier regarding rezoning case RZ-96-012 regarding buffer yards in HI-1
zoning districts to allow Commissioner Bowers to vote on this issue.
Unanimously approved.
Motion made by Commissioner Wade, seconded by Shank, to approve RZ-96-012
amending the setback requirements in HI-1 zoned areas and establishing buffer
yards of 25 feet, as heard at public hearing. Unanimously approved.
PERSONNEL AND EMPLOYMENT DECISIONS
Motion made by Commissioner Downey, seconded by Bowers, to approve the
following personnel actions: Part-time Snack Bar Person - Black Rock Golf
Course - to employ Stacy Ames and Sharon Mann at $5.75 per hour; Part-time
Seasonal Grounds Maintenance - Black Rock Golf Course - to employ Kevin
Reynolds to fill an existing vacancy; Temporary Employee - Budget and Finance
- to authorize employing Dan Leisinger as a temporary employee in the Budget
and Finance Department at minimum wage; Part-time Facilities Coordinator -
Recreation & Parks Department - to employ Todd Moats at $9.81 per hour to fill
an existing vacancy; Part-time Bus Drivers to employ Robert Biser, John
Munson, Gary Rubeck, and Mike Ricker as Part-time Bus Drivers at the County
Commuter; Equipment Operator - Water & Sewer Department - to employ Danny
Hovermale as Equipment Operator at the Water & Sewer Department at $10.59 per
hour to fill an existing vacancy; and Temporary Upgrade - Roads Department -
to authorize the temporary upgrade of Ronnie Ridenour to Assistant Roads
Superintendent and Larry Everhart to Assistant Section Supervisor - Eastern
Section under the Temporary Upgrade Policy PR-10. Unanimously approved.
RECESS
The Commissioners recessed at 5:28 p.m.
EVENING SESSION - HALFWAY FIRE HALL
The Evening Session of the Board of County Commissioners of Washington County,
Maryland, was called to order at the Halfway Fire Hall at 7:00 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.
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.
JULY 29, 1997
PAGE FOUR
APPROVAL OF MINUTES - JUNE 18, 20 AND JULY 1, 8, AND 15, 1997
Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes
of June 8 and 20, and July 1, 8, and 15, 1997, as submitted. Unanimously
approved.
INTRODUCTION - VOLUNTEER FIRE & RESCUE ADMINISTRATIVE PLANNER
Jay Grimes, President of the Washington County Volunteer Fire & Rescue
Association, introduced the Commissioners to Robert Cumberland who will be the
new Administrative Planner for the Association. Commissioner Snook welcomed
him to Washington County. Mr. Grimes asked that Mr. Cumberland be appointed
to the Emergency Services Council as an ex-officio member.
Motion made by Commissioner Downey, seconded by Shank, to appoint Robert
Cumberland to the Emergency Services Council as an ex-officio member
representing the Volunteer Fire & Rescue Association. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Snook reviewed two letters from the Department of the
Environment. He also informed the Commissioners that Senator Mikulski will be
visiting Washington County on August 7 or 8 and would like to meet with the
Commissioners at that time. Commissioner Downey reported that the dam at
Kemps Mill is in need of repairs and asked the County Administrator to follow
up to determine what agency is responsible for making repairs. Commissioner
Wade stated that he would like additional information regarding recent
newspaper articles on a proposed annexation by the Town of Funkstown and City
of Hagerstown and a betting parlor planned for the Hagerstown area. He asked
that these items be placed on the Commissioners agenda in the near future.
Commissioner Shank reported that he attended the opening ceremonies of the
Maryland State Little League tournament. He also reminded the Commissioners
that the Ag Expo starts this week at the Agricultural Education Center.
CITIZENS PARTICIPATION
John Ramacciotti stated that he is unhappy with the new fee structure at the
rubble landfill. The Commissioners stated that they would get clarification
on the policy regarding weighing at the scales.
Joe Swope expressed concerns regarding appointment of Ethics Commission
members. He indicated that he is in opposition to the States plan to lease
the Woodmont Rod and Gun Club to a private organization. Mr. Swope also spoke
on several Environmental Protection Agency issues.
Tom Forcina submitted a letter with suggestions on sewer rates and policies.
The Commissioners stated that they would forward this to the Water & Sewer
Advisory Commission for its review.
Rick Hemphill stated that he feels the Democrat and Republican Central
Committee members would be happy to provide names for vacancies on County
appointed boards.
Jeff Ringer stated that he hopes the County would not allow the City of
Hagerstown to annex property without look at the impact to water and sewer
service.
Commissioner Snook entered documents from Lawrence Martin into the record.
LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) PRESENTATION
Jay Grimes and Rick Hemphill provided a slide presentation on the LOSAP
program for volunteer fire and rescue personnel. Mr. Hemphill explained the
JULY 29, 1997
PAGE FIVE
point system which the volunteers use to qualify for the program. Alan Davis,
Director of Human Resources, informed the Commissioners that an independent
consultant will be retained by the Emergency Services Council to make a
recommendation to the County regarding this program. He also presented
information from BGS&G regarding the costs to the County to fund this program.
REPAYMENT OF LOAN - WASHINGTON COUNTY ASSOCIATION FOR RETARDED CITIZENS
Representatives from the Washington County Association for Retarded Citizens
presented the Commissioners with a check in the amount of $15,000 to repay the
remaining portion of an existing loan from the County which was made in 1990
to help them fund construction of a new activities center. The Commissioners
thanked them for repayment of the loan.
BID AWARD - SUPPLY, LOADING, HAULING & DELIVERING VIRGIN SOIL (TYPES SM-SL OR
GM-GC) - LANDFILL
Motion made by Commissioner Bowers, seconded by Wade, to award the contract
for supplying, loading, hauling, delivering of virgini soil type SM-SL or GM-
GC to Smithfield Enterprices, Inc., which submitted the low unit price of
$2.11 per ton, contingent upon all necessary permits being obtained.
Unanimously approved.
SOLE SOURCE PROCUREMENT FOR FLOATING MECHANICAL MIXERS - WATER & SEWER
DEPARTMENT
Motion made by Commissioner Wade, seconded by Shank, to approve the purchase
of two mixers for SBR No. 2 from Aqua-Aerobics, Inc. and accessories under the
sole source procurement provisions of Section 1-106(a)(1) of the Code of
Public Local Laws of Washington County, Maryland, for the amount of
$38,015.32, and to approve the budget transfers necessary to fund this
purchase. Unanimously approved.
CONSTRUCTION CONTRACT AWARDS - MOORESVILLE ROAD BRIDGE, SHAWLEY DRIVE ROAD
IMPROVEMENTS, AND SHAWLEY DRIVE RAILROAD CROSSING IMPROVEMENTS
Motion made by Commissioner Shank, seconded by Wade, to award the contract for
the Mooresville Road Bridge Replacement project to C. William Hetzer, Inc.,
which submitted the low bid of $86,214.50. Unanimously approved.
Motion made by Commissioner Bowers, seconded by Downey, to award the contract
for the Shawley Drive Railroad Crossing Improvements to C. William Hetzer,
Inc. which submitted the low bid of $67,332. Unanimously approved.
Motion made by Commissioner Bowers, seconded by Downey, to award the bid for
the Shawley Drive Road improvements to the Charles E. Brake, Co., Inc. which
submitted the low bid of $44,304. Unanimously approved.
Joe Kroboth, Assistant County Engineer, gave a brief update on the bridge
inspection program.
CHANGE ORDER REQUEST NO. 1 - RECONSTRUCTION OF STORMWATER MANAGEMENT POND A
Joe Kroboth, Assistant County Engineer, and Steve Zies, Operations Manager at
the Sanitary Landfill, met with the Commissioners to inform them of a leachate
seepage problem which was discovered at the stormwater management pond at the
landfill. Mr. Kroboth asked the Commissioners to approve funding to allow
them to construct an 18-inch thick clay liner to prevent further seepage. He
indicated that they would also need to construct a drainage system for this
project as a part of this project. Debra Bastian, Director of Budget and
Finance, stated that this project could be funded from the savings realized in
projects from Fiscal Year 1997. Mr. Kroboth stated that a portion of this
project may be reimbursable from FEMA and MEMA.
JULY 29, 1997
PAGE SIX
Motion made by Commissioner Shank, seconded by Bowers, to approve Change Order
No. 1 for the reconstruction of stormwater management pond A at the Resh Road
landfill and to submit this project for possible reimbursement to the Federal
Emergency Management Administration. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners of their
meeting with the Water & Sewer Advisory Commission on July 31. He provided an
update on the Aviation Heritage Museum. Mr. Shoop informed the Commissioners
that the trailer used as a tourist information center has been loaned to the
SPCA. He also informed the Commissioners that County employees will be
donating the proceeds from a special casual day fund raiser on August 6 to
Terry Stouffer, employee at the Regional Airport, whose home was destoryed by
a fire. Mr. Shoop informed the Commissioners that the Health Department is
developing a quarterly employee awards program based on the Countys IDEA
program.
BUDGET TRANSFER - COMMUNITY ACTION COUNCIL
Motion made by Commissioner Bowers, seconded by Shank, to transfer $21,000
from Facilities - Old Post Office (01-5-0173) to Community Action Council (01-
5-1697-575-002) for maintenance operations at that facility. Unanimously
approved.
OLD KEEDYSVILLE SCHOOL - PLACEMENT OF WATER TOWER
Mr. Shoop informed the Commissioners that the Town of Keedysville has asked
permission to install a water tower on the old Keedysville School property,
which is owned by the County, and would like the Commissioners to donate the
ground and easement to allow them to connect the water line. The
Commissioners asked Mr. Shoop to confirm ownership of the property as it may
have been transferred to the Commission on Aging for use as a community
center.
Motion made by Commissioner Downey, seconded by Bowers, to approve donating
the necessary ground and easement to the Town of Keedysville to allow them to
install a water tower to connect to the water line, if the property is owned
by Washington County. Unanimously approved.
GRANT AGREEMENT - WEED CONTROL
Motion made by Commissioner Bowers, seconded by Shank, to approve the grant
agreement with the Maryland Department of Agriculture for the control and
eradication of noxious weeds for the purpose of allocating funds and providing
a program for control. Unanimously approved.
INSPECTION & MAINTENANCE AGREEMENT - PRIVATE STORMWATER MANAGEMENT FACILITIES
Motion made by Commissioner Wade, seconded by Bowers, to approve the
Inspection and Maintenance Agreement for Private Stormwater Facilities with
George M. Bushey & Son, Robert and Nancy Foltz, and KKM Co., Inc. for Plat
Folio 5403 and 5404. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Wade, seconded by Downey, to adjourn at 9:00 p.m.
Unanimously approved.
County Administrator
Assistant County Attorney