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HomeMy WebLinkAbout971104 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