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November 4, 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 Commissioner Snook, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES - OCTOBER 28, 1997
Motion made by Commissioner Bowers, seconded by Downey, to approve the minutes
of October 28, 1997, as amended. Unanimously approved.
BID AWARD - RESH II SANITARY LANDFILL NORTH SECTION, CELL N3
Motion made by Commissioner Shank, seconded by Wade, to award the contract for
construction of Resh Road II Sanitary Landfill, North Section, Cell N3, to C.
William Hetzer, Inc., which submitted the low bid of $1,282,137. Unanimously
approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Snook informed the Commissioners that he received a letter from
the Department of Transportation acknowledging the projects the County asked
them to review at the Annual Transportation Tour meeting. He distributed a
copy of the IAC maintenance survey report of four County schools.
Commissioner Snook stated that he received notification that the Washington
County Housing Authority received a 100% rating on HUDs Management Assessment
Program. Commissioner Wade reported on the Planning Commission meeting.
Commissioner Downey stated that he attended the open house for the Associated
Builders & Contractors new technical training center.
RECOMMENDATION FOR REAPPOINTMENT - C & O NATIONAL HISTORICAL PARK
Motion made by Commissioner Downey, seconded by Bowers, to recommend the
reappointment of Edwin Miller and Sue Ann Sullivan to the National Park
Service to continue as representatives of Washington County on the C & O
National Historical Park Commission. Unanimously approved.
RESOLUTION - REVISION OF BOUNDARIES - MARTINS CROSSROADS WATER SERVICE AREA
AND APPROVAL OF FUNDING TRANSFER
Motion made by Commissioner Wade, seconded by Bowers, to adopt a resolution,
pursuant to the Code of Local Public Laws, Section 6-202(f), approving an
amendment of the boundaries for the Martins Crossroads water service area
(15-1) and to approve the transfer of $33,000 from Resh Cell N-1, Current
Project Savings (40-5-0100-580-006) to Landfill Public Water Service, to allow
public water service to be provided to the Washington County Landfill on Resh
Road. Unanimously approved.
REVIEW OF REVISED CONCEPT PLAN
Gary Rohrer, Director of Public Works, and Terry McGee, County Engineer,
reviewed the revised concept plan of the Rosewood development and possible
road alignments. The Commissioners discussed the proposed alignment of a
future connector road to Eastern Boulevard from this area and the most
efficient, effective placement for a transportation system.
UPDATE - INTERSECTION OF DOGSTREET ROAD AND RED HILL ROAD
Mr. Rohrer and Mr. McGee informed the Commissioners that the Transportation
Advisory Committee (TAC) reviewed the intersection of Dogstreet Road and Red
Hill Road. Mr. McGee stated that the appointed subcommittee for this project
recommended that the yield sign be removed and that a mountable
NOVEMBER 4, 1997
PAGE TWO
median be installed to keep vehicles from starting the turning movement too
soon. Mr. McGee noted that the road will have to be widened to do the work
proposed, but it can be done within the existing right-of-way. Mr. Rohrer
stated that they will continue to review two possible design concepts for
reconfiguration of the intersection. Mr. McGee indicated that the safety
problems at this location are worsened by drivers who speed and those who
disregard the traffic signs. The Commissioners discussed the recommendation
made by TAC and considered other alternatives they believe would be effective.
Motion made by Commissioner Bowers, seconded by Shank, to replace the yield
sign with a stop sign and to have a mountable median constructed at the
intersection of Dogstreet Road and Red Hill Road. Motion carried with
Commissioners Bowers, Shank, Wade, and Snook voting AYE and Commissioner
Downey voting NO.
RATE SCHEDULES FOR PERMITS/INSPECTIONS
Paul Prodonovich, Director of Permits & Inspections, and Randy Dick, Deputy
Director, met with the Commissioners to review five alternative plans for
permit and inspection fee increases which are proposed to be phased in. The
Commissioners discussed the various options for changes in building, plumbing,
electrical and mechanical fees.
Motion made by Commissioner Wade, seconded by Downey, to approve the
implementation of Option IV proposed as a three-year phase-in of fee increases
for building, mechanical, electrical, and plumbing permit fees to become
effective July 1, 1998.
Motion made by Commissioner Wade, seconded by Downey, to amend the main motion
to implement the proposed fees for mechanical permits on January 1, 1998, with
the proposed increases in building, electrical and plumbing fees to be phased
in over a three-year period in accordance with Option IV, beginning July 1,
1998. The motion and amendment were approved with Commissioners Wade, Downey,
Bowers, and Snook voting AYE and Commissioner Shank ABSTAINING. A copy
of the approved fee schedule is attached.
PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS
The Commissioners convened a public hearing to consider applications AD-97-09,
AD-97-10, and AD-97-12 for the establishment of Agricultural Land Preservation
Districts. Eric Seifarth, Associate Planner - Agriculture, reviewed the
applications and stated that they have been approved by the Agricultural Land
Preservation Advisory Board and that the Planning Commission found the
applications to be consistent with the Comprehensive Plan. No one was present
to speak in favor of or in opposition to the applications.
Motion made by Commissioner Shank, seconded by Bowers, to approve application
AD-97-09, submitted by Robert W. Cline; AD-97-10, submitted by Carl and
Jeannette Hull; and AD-97-12, submitted by Carlton Shriver, for establishment
of Agricultural Land Preservation Districts as presented. Unanimously
approved.
CERTIFICATE OF APPRECIATION - RAY KELLEY
Commissioner Shank presented a certificate of appreciation to Ray Kelly in
recognition for serving five years on the Washington County Housing Authority
and for representing Washington County at the State level. The Commissioners
thanked him for giving unselfishly of his time and energy for the betterment
of the County. Mr. Kelley thanked the Commissioners for the certificate and
stated that serving on the Housing Authority was very rewarding for him.
NOVEMBER 4, 1997
PAGE THREE
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners that the Board
of Education is sponsoring a luncheon on Thursday to introduce them to the new
Superintendent of Schools. Mr. Shoop provided an update on the transfer of
the Martin Luther King building to the Washington County Hospital Association.
He informed the Commissioners that a committee is in place to address the
issues on the proposed merger of the Hagerstown Housing Authority and the
Washington County Housing Authority and that this group will be meeting
weekly. Mr. Shoop reminded the Commissioners that Hagerstown Junior College
will be holding an international trade exposition on Thursday.
CITIZENS PARTICIPATION
Don Allensworth expressed his opinion regarding the need for conflict of
interest ordinances to be adopted in local municipalities.
Charles Shindle, representing the Maugansville Volunteer Fire Company, asked
the Commissioners to consider advance payment of the overdue bills incurred by
the Company in suppressing the tire fire in the Cearfoss area. Mr. Shindle
suggested that the County could then seek payment from the property owner or
through EPA funding. He stated that members of the Maugansville Volunteer
Fire Company believe that they were acting as agents of the County. The
Commissioners discussed this matter and asked to see an itemized bill for
costs incurred during this fire.
Motion made by Commissioner Wade, seconded by Bowers, to pay the appropriate
overdue invoices billed to the Maugansville Volunteer Fire Company associated
with the tire fire in Cearfoss, with the understanding that this does not set
a precedent for the County to act as a collection agent for volunteer fire and
rescue companies. Unanimously approved.
Frank Ridenour, President of the Maugansville Volunteer Fire Company, thanked
the Commissioners for their action. He stated that the fire was an
environmental hazard.
CONTRACT AWARD - GROUP HEALTH INSURANCE BENEFITS CONSULTANT SERVICES
Alan Davis, Director of Human Resources, and Karen Luther, Purchasing Agent,
outlined the scope of services which are to be addressed under the contract
for consultant services for group benefits. Ms. Luther informed the
Commissioners that the Coordinating Committee met with representatives from
BGS&G, which submitted the low bid, to clarify any questions they had on the
proposal submitted. She stated that the Committee was satisfied with the
answers they received and are recommending that BGS&G be awarded this
contract. James Myron, representing BGS&G, was present to answer any
questions the Commissioners had regarding the proposal.
Motion made by Commissioner Shank, seconded by Bowers, to approve the
recommendation of the Coordinating Committee to award the contract for group
benefits consultant services to BGS&G which submitted the low proposal of
$12,000. Unanimously approved.
AMERICAN HERITAGE RIVER INITIATIVE
Tim McGrath, District Representative for Senator Paul Sarbanes, and Karen
Zachary, Project Coordinator for Friends of the Potomac, appeared before the
Commissioners to request their support in nominating the Potomac River for
inclusion in President Clintons American Heritage Rivers Initiative. Ms.
Zachary explained that the primary goal of the Initiative is to support local
communities in their efforts to restore and protect Americas rivers. She
stated that the Initiative hopes to integrate the environmental, historic, and
NOVEMBER 4, 1997
PAGE FOUR
economic development programs and services of federal agencies to better serve
local communities. Mr. McGrath reviewed the Steering Committee membership and
informed the Commissioners that the applications are due by December 10.
After discussion, the Commissioners decided to forward the request to the
Planning Commission for its recommendation before agreeing to endorse the
application.
COUNTY COMMUTER FUNDING - FEDERAL, STATE & LOCAL LEVELS
Kevin Cerrone, Transit Manager, and Ted Wolford, Superintendent of the
Transportation Department, met with the Commissioners to review the Federal,
State and County funding received by the County Commuter. Mr. Cerrone
introduced Mary Ann Polkicwicz, Western Maryland Regional Planner from the
Metropolitan Transit Administration (MTA), and Nancy Noonan, Washington, D.C.
Regional Planner from MTA, who were also in attendance. Mr. Cerrone provided
a history of the County Commuter and reviewed its funding sources. He stated
that there was a revenue shortfall of $97,872 for Fiscal Year 1997. Debra
Bastian, Director of Finance, explained that the County Commuter receives its
State grant funds two years after the budget process is started. She stated
that the County Commuter is not notified of the actual amount of funding it
will be receiving from the State which makes budgeting difficult. Ms.
Polkicwicz informed the Commissioners that in order to change the retroactive
funding method, it would be necessary for the Commuter to pay its costs by
other methods for one year. Mr. Shoop stated that they hope to address this
problem through legislation. Mr. Cerrone recommended that the County maintain
its present level of funding, which is 25 percent of the net project cost. He
stated that 80 percent of the County bus service is within the limits of the
City of Hagerstown and recommended that the City provide additional funding of
10 percent of the overall operating budget which would be approximately
$136,000 per year. The Commissioners took the recommendations under
consideration.
RECESS - LUNCH
The Commissioners recessed at 12:04 p.m. for lunch.
RECOGNITION OF SPRINGFIELD MIDDLE SCHOOLS 20TH ANNIVERSARY
The Commissioners toured Springfield Elementary School and presented a
proclamation to Roger Stenersen, Principal, in recognition of the 20th
anniversary of the school.
AFTERNOON SESSION
The Afternoon Session was called to order at 2:09 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.
APPROVAL OF POLICY - BOARDS AND COMMISSIONS
Motion made by Commissioner Shank, seconded by Wade, to adopt the Boards and
Commissions policy as presented by the Director of Human Resources.
Unanimously approved.
DISCUSSION - JOINT RESOLUTION TO AMEND THE CONSOLIDATED GENERAL SERVICES
AGREEMENT FOR THE PROVISION OF SANITARY SEWER SERVICE TO PRIME RETAIL
Gary Rohrer, Director of Public Works, informed the Commissioners that the
Mayor and Council of the City of Hagerstown formally approved a Joint
Resolution amending the Consolidated General Service Agreement for the
provision of sanitary sewer service to include the addition of property west
of the Sharpsburg Pike and north of Interstate 70 into the Joint Sewer Service
Area. Mr. Rohrer reviewed a map outlining the Sharpsburg Pike Sewer Service.
Commissioner Snook stated that he feels the County should request an
allotment
NOVEMBER 4, 1997
PAGE FIVE
for the entire area. He was asked if the County can serve this area if the
City refuses to provide the allocation. Mr. Rohrer stated that the City must
have the opportunity to respond to the request before the County can provide
service. Commissioner Bowers stated that he feels the County needs to plan
for the entire area. After discussion, the Commissioners tabled taking action
on the Joint Resolution until the County Attorney can provide an opinion on
this matter.
REQUEST TO ENDORSE THE BOARD OF EDUCATIONS CAPITAL IMPROVEMENTS BUDGET
It was the consensus of the Commissioners to review the projects submitted by
the Board of Education for its Fiscal Year 1999 Capital Improvements Program
(CIP) budget prior to sending their endorsement to the Interagency Committee
(IAC) for matching funds.
MARYLAND ASSOCIATION OF COUNTIES LEGISLATIVE REPRESENTATIVES
Commissioner Shank agreed to serve as Washington Countys representative to
the Maryland Association of Counties(MACo) Legislative Committee with County
Administrator Rodney Shoop acting as alternate.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Shank, to convene in closed
session at 2:32 p.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.
Commissioner Downey was excused from the meeting at 4:29 p.m.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Shank, seconded by Bowers, to reconvene in open
session at 4:37 p.m. Unanimously approved.
In closed session the Commissioners consulted with counsel to obtain legal
advice on seven (7) issues, considered two (2) issues related to the location,
expansion or retention of businesses or industrial organizations in the State,
and considered five (5) personnel matters.
PERSONNEL AND EMPLOYMENT DECISIONS- ROADS DEPARTMENT
Motion made by Commissioner Bowers, seconded by Shank, to employ William Shupp
and Craig Werner to fill the vacant positions as Maintenance Equipment
Operators (MEO) I, Grade 5, at the Roads Department and to employ Herman
Stockslager as MEO II, Grade 6, to fill existing vacancies. Unanimously
approved.
TERMINATION OF EMPLOYMENT - ROADS DEPARTMENT
Motion made by Commissioner Wade, seconded by Bowers, to terminate the
employment of Kevin Frushour at the Roads Department. Unanimously approved.
APPROVAL OF LEASE TERMS - REGIONAL AIRPORT
Motion made by Commissioner Bowers, seconded by Wade, to approve the terms of
the lease agreement with Tracy Potter for two buildings currently leased by
Alphin Aircraft with the condition that the County be held harmless for the
1997-98 real estate property taxes and payments owed by Alphin Aircraft.
Unanimously approved.
NOVEMBER 4, 1997
PAGE SIX
CONDITIONAL APPROVAL OF TRANSACTION - NEWGATE INDUSTRIAL PARK
Motion made by Commissioner Wade, seconded by Bowers, to approve the purchase
of 65 acres located in the Newgate Industrial Park by an entity owned by
Donald Bowman, contingent upon receiving notification in writing, review and
approval of the transaction by the State of Maryland, approval from the
Economic Development Administration that the project is in compliance with
grant requirements, and approval and execution of a property management
agreement between the County and CHIEF. Unanimously approved.
SETTLEMENT AGREEMENT - MARYLAND OCCUPATIONAL SAFETY & HEALTH
Motion made by Commissioner Bowers, seconded by Shank, to approve the
settlement agreement with Maryland Occupational Safety & Health (MOSH) for the
Sheriffs Department. Unanimously approved.
STALEY/KING PROPERTY TAX CERTIFICATES
Motion made by Commissioner Shank, seconded by Bowers, to approve the payment
of $9,512.96 from the Contingency Fund to Todd Hershey, County Treasurer, for
the Staley and King properties which failed to sell at property tax sale to
allow the Treasurer to issue tax sale certificates for these properties.
ADJOURNMENT
Motion made by Commissioner Wade, seconded by Bowers, to adjourn at 4:43 p.m.
Unanimously approved.
County Administrator
County Attorney
, Clerk