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HomeMy WebLinkAbout971007 October 7, 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 Wade, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - SEPTEMBER 30, 1997 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of September 30, as amended. Unanimously approved. SEPTEMBER 1997 YOUTH OF THE MONTH AWARD - WHYTNE BROOKS Commissioner Snook presented a Certificate of Merit to Whytne Brooks in recognition of her selection as the Youth of the Month for September 1997 by the Washington County Children's Council. Commissioner Snook commended Whytne for her academic, leadership and extra-curricular activities and accomplishments. Whytne thanked the Commissioners for the award and introduced her family. PROCLAMATION - FIRE PREVENTION WEEK Commissioner Downey read and presented a proclamation to Jay Grimes, President of the Volunteer Fire & Rescue Association, and Bob Cumberland, Administrative Planner, designating the week of October 5 - 11, 1997 as Fire Prevention Week in Washington County and urging all citizens to participate in educating families about fire safety. Mr. Grimes and Mr. Cumberland thanked the Commissioners for the proclamation. Mr. Grimes informed the Commissioners that the fire company and rescue company in one of the service areas are considering consolidation. He asked the Commissioners if the consolidated company would still receive the same amount of funding as the two present companies. It was the consensus of the Commissioners that funding would not be reduced if the consolidation is sanctioned and does not discriminate against the other companies in the County.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Downey stated that the Tri-County Council meeting is scheduled for October 9. He also reported on the meeting of the Western Maryland County Commissioners. Commissioner Wade expressed concerns about the focus of the Maryland Association of Counties (MACo) regarding legislative issues. He reported on the grand opening of the new facility for the Arts Council. Commissioner Shank also commented on the meeting of the Western Maryland County Commissioners and the emergency farm-feeding program that Frederick County is promoting to help farmers with drought relief. Commissioner Snook informed the Commissioners that the Department of the Environment will be hold a hearing at Hagerstown Junior College on environmental issues. He circulated a letter from residents of Dogstreet Road thanking the Commissioners for their involvement. Commissioner Snook reminded the Commissioners that there will be  a ribbon-cutting ceremony for Citicorps new child care center on October 9 at 10:00 a.m. Commissioner Bowers informed the Commissioners that he will be serving on a discussion panel regarding the relationship between county governments and local community colleges. AGRICULTURAL LAND PRESERVATION EASEMENT PROGRAM - 60/40 MATCHING PROGRAM Motion made by Commissioner Bowers seconded by Wade, to approve the staff  recommendation to commit $100,000 of the Countys agricultural transfer tax OCTOBER 7, 1997 PAGE TWO  revenue as the Countys share in the 60/40 Matching Program for fiscal year 1998 for the Agricultural Land Preservation easement program. Unanimously approved. RURAL LEGACY PROGRAM Robert Arch, Director of Planning & Community Development, and Eric Seifarth, Associate Planner, met with the Commissioners to review the area to be considered for establishment of a joint rural legacy area between Montgomery, Frederick, and Washington Counties. Mr. Arch provided a map of the area and reviewed the sample Memorandum of Understanding among the three counties. The Commissioners asked that the Memorandum be amended to authorize them to make final easement selections for properties in Washington County once the Rural Legacy Program is approved and to assure that all easements purchased in Washington County will be administered by County staff. Motion made by Commissioner Wade, seconded by Bowers, to approve the Rural Legacy area for the first two-year cycle as recommended by the Planning staff and to approve the Memorandum of Understanding with the condition that Washington County have the authority to make final easement selections for properties within the County and administer the purchase of the easements in Washington County. Unanimously approved. ADOPTION OF ORDINANCES ENACTING CODES The Commissioners reviewed the changes proposed to the Code. It was the consensus to consider the adoption of the new Code and to consider the proposed amendments to the fee schedules separately at a later date. Motion made by Commissioner Bowers, seconded by Shank, to adopt an Ordinance repealing the 1993 BOCA National Building Code, with amendments, and enacting the BOCA National Building Code, Thirteenth Edition, 1996 with local amendments for Washington County. Unanimously approved 1995 CABO ONE AND TWO FAMILY DWELLING CODE Motion made by Commissioner Bowers, seconded by Shank, to approve the Ordinance to repeal the 1992 CABO One and Two Family Dwelling Code and to enact the 1995 first printing of the CABO One and Two Family Dwelling Code, with local amendments for Washington County. Unanimously approved. 1997 INTERNATIONAL PLUMBING CODE Motion made by Commissioner Wade, seconded by Bowers, to enact an Ordinance to repeal the 1993 BOCA National Plumbing Code with amendments adopted by the Board of County Commissioners on April 16, 1994, and to enact the 1997 International Plumbing Code with local amendments, to include the amendments adopted from those proposed by the Plumbing Board. Unanimously approved. 1996 INTERNATIONAL MECHANICAL CODE, 1ST PRINTING Motion made by Commissioner Wade, seconded by Shank, to adopt an Ordinance to repeal the 1993 BOCA National Mechanical Code, 8th Edition, as adopted by the Board of County Commissioners on April 26, 1994, and to enact the 1996 International Mechanical Code, 1st Printing, with local amendments for Washington County. Unanimously approved. Commissioner Snook asked Paul Prodonovich, Director of Permits and Inspections, to provide a comparison of the changes in the fee schedules as  proposed for the Commissioners to consider at next weeks meeting. Commissioner Downey suggested phasing in the fees over a two- or three-year period. OCTOBER 7, 1997 PAGE THREE  UPDATE ON VETERANS MEMORIAL - MARTY SNOOK PARK Ronald Kidd, Director of Recreation & Parks, and Ray Linebaugh, President of  the Joint Veterans Council, met with the Commissioners to provide an update  on the new addition to the veterans memorial at Marty Snook Park. Mr. Kidd stated that the wall will be approximately 100 feet long and eight feet high. He indicated that they hope to get the International Masonry Institute (IMI) students to build the wall as one of their projects. Commissioner Snook  stated that he would donate the plaque for the memorial if the Joint Veterans Council will agree to designate the money that they had approved for the plaque to landscape the area. Mr. Linebaugh thanked the Commissioners for their assistance. CITIZENS PARTICIPATION Donald Allensworth stated that the Commissioners should get an independent assessment of land use law and an interpretation of the annexation law. He indicated that there is a need for conflict of interest statutes in all municipalities. Jay Grimes and Jeff Ringer, representing the Volunteer Fire & Rescue Association, expressed concerns about a bingo permit application which was filed with the Permits Department. Mr. Grimes distributed a copy of the statute in the Annotated Code of Maryland which, under paragraph (2) states that the County Commissioners shall ascertain the purpose of the games and the use of the receipts from the games prior to issuing a permit. He asked that Commissioners to investigate the applicant to see if the funds will be used to benefit the community and local charities. Mr. Prodonovich stated that the zoning of the property at this time does not allow bingo and the owner would have to request a special exception from the Board of Zoning Appeals before a permit could be issued. Mr. Grimes asked the Commissioners to consider requesting a change in the legislation requiring that the applicant be a bona fide charitable organization in the County. HEALTH DEPARTMENT - PURCHASING PROCEDURES Motion made by Commissioner Shank, seconded by Downey, to delegate purchasing approval to the Washington County Health Department in accordance with current law for items totaling $12,000 or more. Unanimously approved. BUDGET TRANSFER - PERMITS & INSPECTIONS Motion made by Commissioner Shank, seconded by Downey, to approve the transfer of $3,000 from Salaries (01-5-1231-404-000) to Office Furniture & Equipment (01-5-1231-687-000), as requested by the Permits & Inspections Department, to purchase computer equipment for the new Electrical Inspector. Unanimously approved. BUDGET TRANSFER - HUMAN RESOURCES Motion made by Commissioner Shank, seconded by Wade, to approve the request to transfer $2,845 from Human Resources Office Furniture & Equipment (01-5-0281- 687) to Gaming Commission Office Furniture & Equipment (01-5-0185-687) for purchase of a video projector. Unanimously approved. QUARTERLY UPDATE - SOLID WASTE DEPARTMENT Robert Davenport, Director of Solid Waste Management, and Debra Bastian, Director of Budget & Finance, met with the Commissioners for a quarterly update of the Solid Waste Department. Ms. Bastian reviewed the revenues for the sanitary landfill and rubble landfill for the quarter ending September 30, 1997. She stated that there is a quarterly shortfall of four percent in total for both landfills. However, all of the shortfall can be attributed to the rubble landfill. The Resh Road sanitary landfill is $4,906 over budget in OCTOBER 7, 1997 PAGE FOUR revenues. Ms. Bastian and Mr. Davenport reviewed graphs comparing the estimated useful life of the landfill now to that prior to the drop-off in the waste stream and how this will affect the capital costs. Ms. Bastian stated that the decrease in the waste stream has delayed the need for capital  expenditures by three years. She also indicated that the analysis of per  ton cost savings due to the delay in the need for capital expenditures estimates the useful life of the Resh landfill to be 17 years and that of the the Lund landfill to be 80 years. The estimated savings in the cost of the liner is $6-$7 per ton. The Commissioners discussed the data presented. RECYCLING GRANT - MARYLAND ENVIRONMENTAL SERVICE Harvey Hoch, Recycling Coordinator, informed the Commissioners that the County has a $30,000 grant from the Maryland Environmental Service (MES) to purchase composting equipment. Mr. Hoch stated that he also has $80,000 budgeted to support this grant. He informed the Commissioners that he has been considering the purchase of a grinder for grass and leaves which would produce a more marketable soil amendment material, instead of purchasing composting equipment. The cost for the grinder is estimated to be $155,000. Mr. Hoch stated that he would have the additional funding needed for this purchase after surplus equipment from the sanitary landfill is liquidated. Motion made by Commissioner Bowers, seconded by Wade, to authorize the Recycling Coordinator to proceed with the purchase of grinder equipment utilizing the Maryland Environmental Service grant and the other funding sources presented. Unanimously approved. COUNTY-WIDE BULK TRASH CLEAN-UP DAY Mr. Hoch presented the following three options to the Commissioners for a County-wide bulk trash clean-up day and the advantages and disadvantages of each method: 1) contract with a qualified bidder to collect bulk trash throughout the County, 2) utilize existing convenience centers and existing contract services for satellite collection of bulk trash; or 3) allow all County residents free access to the Resh Landfill to dispose of bulk trash items for a period of time. The Commissioners discussed the options and agreed to allow free access to County residents for a seven-day period, Saturday to Saturday, to coincide with Recycling Week in November. They decided to hold another clean-up in the Spring and agreed to decide on which option to adopt at a later date. Motion made by Commissioner Bowers, seconded by Wade, to authorize a County- wide bulk trash clean-up day and allow all County residents free access to the Resh landfill for a designated seven-day period. Unanimously approved. RECESS - LUNCH The Commissioners recessed for lunch at 11:55 a.m. AFTERNOON SESSION The Afternoon Session was called to order at 12:46 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. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Wade, to convene in closed session at 12:47 p.m. to consider personnel matters, to consult with counsel to obtain legal advice, 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. OCTOBER 7, 1997 PAGE FIVE Commissioner Wade was excused from the meeting at 3:54 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Bowers, to reconvene in open session at 4:16 p.m. Unanimously approved. In closed session the Commissioners considered five (5) personnel matters, consulted with legal counsel to obtain legal advice on eight (8) issues, and considered three (3) issues regarding the acquisition of real property for a public purpose and matters directly related thereto. PERSONNEL AND EMPLOYMENT DECISIONS Motion made by Commissioner Bowers, seconded by Shank, to approve the following personnel actions: Part-time Building Maintenance Worker I - to employ Robert Kline to fill the Part-time Building Maintenance Worker I position, Grade 2, to fill an existing vacancy, and Part-time Seasonal Grounds Maintenance Person - Black Rock Golf Course - to employ Norman Myers as Part- time Seasonal Grounds Maintenance Person, at $6.50 per hour to fill an existing vacancy. Unanimously approved. AMENDMENT OF AUGUST 5, 1997 MINUTES Motion made by Commissioner Shank, seconded by Bowers, to amend the minutes of August 5, 1997, under the heading PenMar Development Corporation - Approval of Terms, to add the approval of a four-year term for William Reuter on the PenMar Development Corporation to the others listed. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Shank, to adjourn at 4:17 p.m. Unanimously approved. County Administrator County Attorney , Clerk