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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