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September 16, 1997
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington County,
Maryland, 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.
PROCLAMATION - 10TH ANNIVERSARY OF MIHI
Commissioner Snook presented a proclamation to Andrew Humphrey, Chairman of
MiHi, proclaiming the week of September 21-27, 1997 as MiHi 10th Anniversary
Week in Washington County and urging all citizens to join in congratulating
them for providing accessible recreation equipment for the use of handicapped
individuals. Mr. Humphrey thanked the Commissioners for the proclamation and
for their continued support of MiHi.
COMMISSIONERS REPORTS AND COMMENTS
The Commissioners discussed the 135th commemoration of the battle of Antietam
and the re-enactment activities held over the weekend. It was the consensus
to send letters thanking all the County departments which were involved in
making this event such a success. Commissioner Shank indicated that he had
received questions about the regulations governing the payment of admissions
and amusement tax and asked that the County Administrator research this
matter. Commissioner Bowers reviewed the letter the Commissioners received
from the Board of Examiners and Supervisors for Electricians asking the
Commissioners to reschedule a public hearing to allow them additional time to
review the information. After discussion, the Commissioners agreed to proceed
with the public hearing on September 23 but to allow the Board to submit a
recommendation to them before they make a decision on the revisions.
Commissioner Bowers also asked for a copy of State Highway Administration
(SHA) review of the intersection of Halfway Boulevard and MD Route 632.
Commissioner Downey suggested that the Commissioners discuss the improvements
needed at this intersection with SHA at the annual transportation tour
meeting, scheduled for October 16. Commissioner Downey asked that the road
damage in the Brightwood development be repaired as soon as the improvements
to Robinwood Drive have been completed. Commissioner Snook informed the
Commissioners that on Wednesday the State Police will be holding an evaluation
of their performance during the re-enactment.
SEPTEMBER 16, 1997
PAGE TWO
APPROVAL OF MINUTES - SEPTEMBER 9, 1997
Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes
of September 9, 1997, as submitted. Unanimously approved.
APPROVAL/INFORMATION OF NEW ECONOMIC DEVELOPMENT COMMISSION (EDC) DIRECTOR -
JOHN HOWARD
Commissioner Snook introduced John Howard who will serve as the Director of
the Economic Development Commission and gave a brief biography. Mr. Howard
thanked the Commissioners and EDC Board members and stated that he is honored
to have been selected for this position. Philip Rohrer, Chairman of the EDC
Board, welcomed Mr. Howard and provided information on the interview and
screening process used by the EDC. He stated that he is looking forward to
working with Mr. Howard.
Motion made by Commissioner Bowers, seconded by Wade, to employ John C. Howard
as the Director of the Economic Development Commission, Grade 17, to fill an
existing vacancy, under the terms and conditions agreed upon. Unanimously
approved.
BASEBALL STADIUM - OPTIONS
Robert Bruchey, Mayor of Hagerstown, met with the Commissioners to discuss
possible options for construction of a new baseball stadium or sports complex.
Commissioner Snook stated that there have been initial discussions regarding
land for a complex to include soccer and softball fields. Mayor Bruchey
stated that the City is having the property appraised and hopes to have a
report by the first week in October. The Commissioners stated that the
Countys commitment of Program Open Space funds to the fairgrounds for up to
seven years restricts the funding they would have available for this purchase.
Commissioner Wade indicated that he is willing to discuss this matter but
that a number of questions need to be answered before he would support
acquisition of the land for a professional baseball team. Commissioner Bowers
suggested that a committee be formed to study the economic impact on the
community. He stated that there should be a process to address the issues but
feels the owner of the Hagerstown Suns should participate financially. Mayor
Bruchey agreed that a combination of public and private money would have to be
used to finance the project. He emphasized that the community will lose if
the Suns move to another area of the State. After discussion, the group
decided to appoint a committee to determine the feasibility of the project and
to consider renovations to the existing stadium. Commissioners Wade and
Bowers volunteered to represent the County Commissioners on this committee.
REZONING CASE RZ-97-04 - JOHN YOUNG
The Commissioners postponed making a decision on rezoning case RZ-97-04 to
allow Commissioner Bowers time to review the record of the public hearing.
Commissioner Bowers was not present at the public hearing and could not vote
without first reviewing the record.
CERTIFICATE OF APPRECIATION - MARYLAND PUBLIC PURCHASING ASSOCIATION
Rodney Shoop, County Administrator, informed the Commissioners that Washington
County has received a Certificate of Appreciation from the Maryland Public
Purchasing Association for the support given to the Association by Karen
Luther, County Purchasing Agent, who served as treasurer for the organization.
CITIZENS PARTICIPATION
Charlie Shindle, member of the Board of Examiners and Supervisors for
Electricians, indicated that the Board will not have time to review the
amendments to the Code which will be heard at public hearing on September 23.
SEPTEMBER 16, 1997
PAGE THREE
The Commissioners informed Mr. Shindle that they will allow the Board adequate
time to make a recommendation before making a decision on the information
presented at the public hearing.
Commissioner Snook thanked Jeannine Humphrey for continuing to facilitate the
monthly radio program on current issues in Washington County.
COUNTY ADMINISTRATORS COMMENTS
Mr. Shoop reminded the Commissioners that the County picnic will be held
September 27, the evening meeting for September will be at Fort Ritchie on
September 30, and the meeting of the Western Maryland County Commissioners
will be held on October 3. He informed them that he received a letter from
the SPCA thanking the County for allowing them to use the County-owned trailer
while they are making renovations to their facility. Mr. Shoop indicated that
there will be three vacancies on the Public Golf Corporation Board of
Directors in November. Commissioner Shank asked Mr. Shoop to follow up on
complaints he received about Dogstreet Road in Keedysville.
SPCA - APPROVAL FOR USE OF FUNDS
Motion made by Commissioner Bowers, seconded by Shank, to approve the request
made by the SPCA to use the $1,600 remaining from the purchase of a vehicle to
replace the specified radio equipment. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Shank, seconded by Wade, to convene in at 11:43
a.m. to consider personnel matters, to consult with counsel to obtain legal
advice and to consider matters that concern proposals for 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.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Bowers, seconded by Downey, to reconvene in open
session at 12:10 p.m. Unanimously approved.
In the Commissioners considered two (2) personnel matters, consulted with
legal counsel to obtain legal advice on two (2) issues and considered four (4)
issues related to the location, expansion or retention of businesses or
industrial organizations in the State.
RECESS - LUNCH
The Commissioners recessed at 12:11 p.m. for lunch.
AFTERNOON SESSION
The Afternoon Session was called to order at 1:07 p.m. by the President,
Gregory I. Snook, with the following members present: Vice President John
Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade.
CITY/COUNTY JOINT RESOLUTION - CONSOLIDATED GENERAL SERVICES AGREEMENT
Gary Rohrer, Director of Public Works, and Greg Murray, Director of the Water
& Sewer Department, met with the Commissioners to discuss the Draft
Consolidated General Services Agreement for City/County Joint Sewer Service
which was presented to the Commissioners on August 26. Also present were
Water & Sewer Advisory Commission members Gordon Crabb, Bonnie Parks, Ed Renn,
and Mike Armel. Mr. Rohrer indicated that this agreement consolidates
previously approved agreements with the City into one simplified document. Mr.
Rohrer outlined several issues for the Commissioners to consider. He
suggested that staff proceed with a complete reassessment
SEPTEMBER 16, 1997
PAGE FOUR
of the Antietam Basin 201 Facilities Plan, the evaluation of a regional
approach to sewer service, and the feasibility of extending the
Conococheague interceptor northward. Also discussed was the industrial waste
pre-treatment program and the request made by the City to include the Prime
Retail site in one of the Countys service areas. It was the consensus of the
Commissioners to approve the document in the meeting with the Mayor and City
Council with assurances that a good faith effort will be made to address and
negotiate items of mutual concern in the future.
UPDATE OF POLICIES - FAMILY MEDICAL LEAVE, E-MAIL, HARASSMENT, AND VIOLENCE IN
THE WORKPLACE
Alan Davis, Director of Human Resources, met with the Commissioners to review
amendments to two existing County policies and request adoption of two new
policies.
Family Medical Leave Act Policy
Mr. Davis reviewed the changes to the Family Medical Leave Policy PR-15. He
stated that the changes will bring the policy into conformance with the
federal Family and Medical Leave Act.
Motion made by Commissioner Shank, seconded by Bowers, to approve the
amendments made to the Family Medical Leave Policy, as presented. Unanimously
approved.
E-Mail Policy
Mr. Davis presented a proposed new policy on E-Mail for the Commissioners
consideration. He indicated that the purpose of the policy is to provide
general guidance to County employees concerning the use of E-mail. The County
Attorney added that having such a policy making it clear to employees that E-
mail is not confidential and may be reviewed provides protection against
lawsuits. After discussion, it was the consensus of the Commissioners not to
adopt the policy at this time.
Harassment - Guidelines and Procedures
Mr. Davis reviewed the proposed amendments to the existing Harassment Policy
PR-13 and the Harassment Investigation Complaint Form with the Commissioners.
Motion made by Commissioner Wade, seconded by Downey, to approve the
amendments, as proposed, to the Harassment policy. Unanimously approved.
Violence in the Workplace
Mr. Davis presented the draft of a new policy regarding Violence in the
Workplace for the Commissioners consideration.
Motion made by Commissioner Wade, seconded by Shank, to adopt the Violence in
the Workplace policy as proposed. Unanimously approved.
RESTRUCTURING OF STATES ATTORNEYS DIVERSION ALTERNATIVE PROGRAM
Alan Davis and Kenneth Long, States Attorney, proposed a restructuring of the
Diversion Alternative Program. Mr. Long stated that, following the retirement
of Alan Shane, Community Services Coordinator, he has been considering ways to
restructure this program. He proposed that the position of Community Services
Coordinator not be filled and that two Caseworker I positions be created to
work under Terry Masters, Diversion Alternative Coordinator. Mr. Long stated
that the current Office Associate III, Cathy Milburn, could be upgraded to
fill one of the Caseworker positions. He indicated that this restructuring
would result in an annual savings of $10,012.
SEPTEMBER 16, 1997
PAGE FIVE
Motion made by Commissioner Shank, seconded by Bowers, to approve the
restructuring of the Diversion Alternative Program as outlined by the States
Attorney. Unanimously approved.
CRYSTAL FALLS ROAD BRIDGE - BID AWARD
Motion made by Commissioner Bowers, seconded by Wade, to award the contract
for the Crystal Falls Road Bridge project to Antietam Construction Company
which submitted the low bid of $109,901. Unanimously approved.
At this time Terry McGee, County Engineer, gave a brief update on recent flood
damage and the repairs which have been made to roadways and bridges.
RECAP OF 135TH ANNIVERSARY CELEBRATION OF THE BATTLE OF ANTIETAM
Robert Arch, Director of Planning & Community Development, and Greg ,
Convention Sales Representative, met with the Commissioners to provide a recap
of the 135th Commemorative Re-enactment of the Battle of Antietam.
Commissioner Snook thanked the staff for doing a wonderful job at this event.
Mr. Arch gave an update on the event and thanked the Parks, Roads,
Engineering, and Transportation Departments for their assistance. Greg Larsen
informed the Commissioners that they hope to have some cursory information on
the financial impact on the community from the State and the Antietam
Commemorative Committee in the near future.
RECESS
The Commissioners recessed at 3:36 p.m. to meet with the Hagerstown Mayor and
City Council at City Hall.
JOINT RESOLUTION APPROVING PROPOSED CONSOLIDATED GENERAL SERVICE AGREEMENT FOR
SEWER SERVICES
The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council
members William Breichner, Lewis Metzner, Susan Saum-Wicklein, Wallace
McClure, and Al Boyer in the Council chambers at City Hall at 4:00 p.m. to
consider adoption of a joint resolution for the Consolidated General Service
Agreement for the Provision of Sanitary Sewer Service. The group discussed
the consolidated agreement and the other issues outlined by the staff. After
discussion, it was the consensus of the two bodies to approve the Resolution
and the agreement with the understanding that both City and County staff will
begin working on the resolution of the items and concerns as outlined.
The Commissioners and Mayor and Council also discussed the possibility of a
regional authority. They agreed to allow City and County staff investigate
the feasibility and develop an overview of the issue. The staffs were given
three months to report.
Motion made by Commissioner Shank, seconded by Wade, to adopt the Joint
Resolution for the Consolidated General Service Agreement for the Provision of
Sanitary Sewer Service with the City of Hagerstown with the intent that it be
used as a working document and that additional items will be discussed by the
staffs of both City and County governments. Unanimously approved.
At this time the Hagerstown Mayor and City Council unanimously adopted the
joint agreement.
Commissioners Downey and Bowers asked that the study include the Antietam 201
Facilities Plan as well as services areas.
Commissioner Snook thanked the City of their help with the 135th re-enactment
of the Battle of Antietam. Susan Saum-Wicklein, Co-Chair of the Antietam
SEPTEMBER 16, 1997
PAGE SIX
Commemorative Committee thanked the County for allowing County staff to assist
with this event. They decided to discuss the following topics in future
meetings: Civil War tourism, the movie Gods and Generals, economic
development, development of a comprehensive transportation plan, and possible
construction of a stadium or sports complex. The date for the next meeting
was tentatively scheduled for October 21.
ADJOURNMENT
Motion made by Commissioner Shank, seconded by Downey, to adjourn at 5:05 p.m.
Unanimously approved.
County Administrator
County Attorney
, Clerk