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HomeMy WebLinkAbout971216 December 16, 1997 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 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. NOVEMBER YOUTH OF THE MONTH AWARD - ALEX ULRICH Commissioner Wade presented a Certificate of Merit to Alex Ulrich in recognition of his selection as the Youth of the Month for November 1997 by the Washington County Children's Council. Commissioner Wade commended Robin for his academic, leadership, extra-curricular activities and accomplishments. Alex thanked the Commissioners for the award and introduced his family and school counselor.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Bowers expressed condolences regarding the death of Roger Glotfelty, Garrett County Commissioner. He voiced concerns about cancellation of flights from the Washington Regional Airport to BWI Airport in Baltimore. The Commissioners agreed to send a letter to USAir Express urging reinstatement of this service. Commissioner Downey reported on the meeting of the Advisory Commission to the Board of Health. Commissioner Shank reported on a meeting at the Agricultural Education Center regarding financing. He reviewed some of the recommendations made at the Leadership Odyssey session. Commissioner Wade also reported on the Leadership Odyssey session. He informed the Commissioners that he attended the MPO meeting and the Roads Department Christmas party. DISCUSSION OF REQUEST FOR THREE-YEAR BUDGET PLAN - BOARD OF EDUCATION Commissioner Wade expressed concerns that the Board of Education does not intend to comply with the directive issued by the Commissioners that the Board work cooperatively with them to approve a three-year operating budget plan designed to meet educational needs and also recognize the financial restrictions of the County. Commissioner Wade read the motion made by the Commissioners on September 23, 1997, approving the additional CIP funding requested by the Board of Education, contingent upon the joint presenting of a three-year operating budget at the public hearing in 1998. He stated that he feels it would be irresponsible for the Board of Education to present a budget  well in excess of the Countys ability to fund. After discussion, it was the consensus of the Commissioners to pursue this matter with the Board and to address it at the meeting scheduled for January 13. They also asked staff to find out if the $750,000 has been transferred to the Board of Education. PUBLIC HEARING - CLOSING OF PLEASANTVILLE ROAD The Commissioners convened an advertised public hearing at 10:00 a.m. being held in order to consider the request made by the National Park Service (NPS) at the C & O National Historical Park to close that section of Pleasantville Road that runs through its property. Doug Faris, Superintendent of the C & O National Historical Park, spoke in favor of the road closure. He presented a map showing the proposed location for a gate past the last private residence which would close this road to general public access. He stated that incidents of poaching, vandalism, and unauthorized gun use are increasing in this area. There were no other citizens who wished to testify. The Commissioners stated that the County will cease maintenance at the end of the paved roadway if the request is granted and that the NPS will be responsible DECEMBER 16, 1997 PAGE TWO for maintenance and snow removal beyond the gated area. Beth Evans, Assistant County Attorney, asked Mr. Faris to provide a written description of the roadway to be closed. Motion made by Commissioner Bowers, seconded by Wade, to close that section of Pleasantville Road beyond the location of the gate proposed by the National Park Service, contingent upon acceptance of the written description to be provided. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS - CONTINUED Commissioner Snook informed the Commissioners that a letter was received from Ralph Young, Superintendent of Fort Frederick State Park, requesting that the County close a service road at the end of Licking Creek Road because of poaching and vandalism. Ted Wolford, Transportation Superintendent, provided information on the roadway. The Commissioners requested that the Assistant County Attorney research this request and provide a recommendation to them.  CITIZENS PARTICIPATION  Blaine Weaver voiced concerns about the Commissioners support of the application to designate the Potomac River as an American Heritage River. He also requested that the Commissioners consider alternatives to the proposed realignment of Robinwood Drive.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the additional $750,000 requested has not been transferred to the Board of Education. Mr. Shoop reminded them that the meeting to discuss County goals for 1998 will be held on Friday and that the next meeting of the Western Maryland County Commissioners will be held January 9 in Frederick County. The Commissioners decided not to hold a meeting on December 30. BUDGET FOR PRE-TREATMENT MARKETING COORDINATOR AND TRANSFER OF FUNDS Mr. Shoop reviewed the proposed budget requested for the Pre-treatment Marketing Coordinator at the Water & Sewer Department for fiscal year 1998. After discussion, the Commissioners agreed to adopt the budget but asked that the appropriate amount be reimbursed to the Planning Department budget for the time Mr. Larsen was assigned to assist with the re-enactment commemorating the 135th anniversary of the Battle of Antietam. Motion made by Commissioner Bowers, seconded by Shank, to approve the recommended budget for the Pre-treatment Marketing Coordinator in the amount of $56,391 for fiscal year 1998 and to approve the transfer of this amount from current Real Estate Taxes (01-4-0000-310-000) with this funding to be appropriated to the proper departments. Unanimously approved. AUTHORIZATION TO APPROVE THE HIRING OF PART-TIME EMPLOYEES Motion made by Commissioner Bowers, seconded by Wade, to authorize the County Administrator to hire part-time employees subject to all appropriate County policies and procedures, with the stipulation that the Commissioners be given the opportunity to contact him with their comments and that they receive a quarterly update on all such hires. Unanimously approved. APPROVAL OF STATE MASS TRANSPORTATION ADMINISTRATION GRANT Motion made by Commissioner Downey, seconded by Bowers, to approve the Section 5307 Capital grant from the State Mass Transportation Administration (MTA) in the amount of $119,200 for the purchase of a small bus lift, two electronic fare boxes, ADP software, and construction of passenger shelters, with a local portion of $11,920. Unanimously approved. DECEMBER 16, 1997 PAGE THREE EXTENSION OF GRANT AGREEMENT - AGRICULTURAL EDUCATION CENTER Motion made by Commissioner Shank, seconded by Wade, to approve the revision  of the grant agreement extending the Countys ability to obtain matching funds for construction of the farm museum at the Agricultural Education Center until June 1, 1999,. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Bowers, to convene in closed session at 10:55 a.m. to discuss personnel issues, 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Shank, to reconvene in open session at 12:19 p.m. Unanimously approved. In closed session the Commissioners consulted with counsel to obtain legal advice on one (1) issue, considered one (1) issue regarding the acquisition of real property for a public purpose, and discussed five (5) personnel issues. RECESS - LUNCH The Commissioners recessed at 12:20 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was called to order at 1:02 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. CONCERNED CITIZENS OF ROBINWOOD AREA Ned Garrett, Chairman of the Concerned Citizens of Robinwood Area, met with the Commissioners to present a petition opposing the proposed realignment of Robinwood Drive as presented by the Engineering Department. Mr. Garrett stated that he feels the plan offers no solution to the traffic situation and imposes upon established neighborhoods. James Parker also spoke in opposition to the plan and stated that it is contrary to the idea of preserving the rural character of Washington County. He urged the County to abandon this plan. Tom Brewer stated that homes listed for sale in the area are not selling because of the road proposal. He informed the Commissioners that the County will have to condemn property because they will not sell it for this purpose. Mr. Garrett then listed possible negative impacts to the community. Howard Gilbert, counsel for the Covenant Presbyterian Church, opposed the plan and noted its adverse impact on the Church. Gordon Crabb, William Keller, and Donald Shinham also spoke in opposition to the proposed route for realignment. Commissioner Snook thanked the group for coming to the meeting and informed them that County staff is reviewing alternate routes and that no decision has been made at this time. He stated that the Commissioners will review all options in order to choose the best route for the community. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Bowers, to convene in closed session at 1:33 p.m. 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. DECEMBER 16, 1997 PAGE FOUR RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Wade, to reconvene in open session at 2:19 p.m. Unanimously approved. In closed session the Commissioners consulted with counsel to obtain legal advice on one (1) issue and considered three (3) issues relating to the location, expansion or retention of businesses or industrial organizations in the State. PENMAR DEVELOPMENT CORPORATION UPDATE Robert Sweeney, Executive Director of the PenMar Development Corporation (PMDC) and William Reuter, Chairman of the Board of Directors, met with the Commissioners to provide an update on the status of various items. Mr. Reuter stated that the PMDC has four task forces in place to deal with strategic planning, business development, site development and management, and workforce development. Mr. Sweeney stated that International Masonry Institute (IMI) has signed a lease on five buildings and has completed the loan agreement with the State on the Brice House in Annapolis. He indicated that they are now in the process of scheduling a planning session on the research and development facility and an executive conference center. Mr. Sweeney provided an update on the base closure process and stated that the PMDC continues to work with the Army on day-to-day operations. He reminded the Commissioners that the PMDC will be signing a programmatic agreement with the Army on Thursday. Mr. Sweeney stated that they have sent out a request for proposal for an operations and business plan. They will be looking at County revenues and expense projections, a ten-year financial analysis and capital projects. He stated that the PMDC has been working cooperatively with the Economic Development Commission and Convention and Visitors Bureau to provide them with the names of business prospects interested in relocation to the County. Mr. Sweeney informed the Commissioners that the PMDC has openings for three members on the Board of Directors. He submitted four recommendations for the  Commissioners consideration. LOCAL MANAGEMENT BOARD - MEMORANDUM OF UNDERSTANDING Kristin Grosh, Coordinator for the Office of Children & Youth, and Michael Hardy, Chairperson of the Local Management Board (LMB) met with the Commissioners to review the proposed Memorandum of Understanding (MOU) which will be submitted to the State. Commissioner Snook stated that the Commissioners support the proposal but have concerns with liability issues and want to be assured that the board members are protected. He said that he hopes this will be addressed through legislation in the 1998 session. Mr. Hardy stated that these issues should have been resolved before this late date. He feels that the County may lose funds if the MOU concerns are not resolved in a timely manner. Commissioner Shank also raised concerns that, should State funding not be provided in the future, the County will be mandated to fund the programs. Ms. Grosh noted that this is a six-month agreement which can be renegotiated in July of 1998. The Commissioners discussed the language in the MOU and agreed to approve it. They directed the LMB to begin negotiations on the new agreement as soon as possible and supported legislation to amend the statute in the 1998 session of the General Assembly. Beth Evans, Assistant County Attorney, stated that the LMB Board may not be covered under the Local Government Tort Claims Act. Motion made by Commissioner Bowers, seconded by Downey, to adopt the DECEMBER 16, 1997 PAGE FIVE Memorandum of Understanding as presented by the Local Management Board and to attempt to resolve the concerns raised regarding language in the Memorandum through changes in the current law. Motion carried with Commissioners Bowers,  Downey, Wade, and Snook voting AYE and Commissioner Shank voting NO. BID AWARD - VOLUNTEER FIRE & RESCUE ASSOCIATION PROPERTY & CASUALTY INSURANCE Motion made by Commissioner Wade, seconded by Shank, to award the bid for property and casualty insurance for the Volunteer Fire & Rescue Association to Selective Insurance Company which submitted the low bid of $268,284 for one year with the possibility of renewing for two additional one-year terms. Unanimously approved. APPROVAL OF MINUTES - DECEMBER 2 AND 9, 1997 Motion made by Commissioner Bowers, seconded by Wade, to approve the minutes of December 2, 1997, and the minutes of the Board of Health as submitted, and the minutes of December 9, 1997, as corrected. Unanimously approved. APPOINTMENT - PENMAR DEVELOPMENT CORPORATION BOARD OF DIRECTORS Motion made by Commissioner Downey, seconded by Wade, to appoint Jefry Bohn, Ronald Bowers, and Christopher Kline to the PenMar Development Corporation Board of Directors to fill the unexpired terms of Gregory Snook, Kathleen Riley, and Paul Mellott. Unanimously approved. RECEPTION FOR VOLUNTEER BOARDS AND COMMISSIONS Commissioner Shank informed the Commissioners that Marge Peters and Libby Earley have volunteered to plan the reception honoring members of appointed County boards and commissions. PERSONNEL AND EMPLOYMENT DECISIONS Motion made by Commissioner Shank, seconded by Downey, to employ the following individuals: Maintenance Equipment Operator - Roads Department - to employ Charles Milburn as a Maintenance Equipment Operator III at the Central Section of the Roads Department at $10.60 per hour to fill an existing vacancy; Collection/Distribution Operator - Water & Sewer - to promote Jerry Nave to the position of Collection/Distribution Operator at the Water & Sewer Department at $9.09 per hour to fill an existing vacancy and to authorize filling the position of Utility Worker I; and Assignment Clerk/Jury Coordinator and Assistant Assignment Clerk/Jury Coordinator - Circuit Court - to promote Eunice Plank to the position of Assignment Clerk/Jury Coordinator with a four percent increase to fill an existing vacancy and to employ Pamela Ambrose to fill the position of Assistant Assignment Clerk/Jury Coordinator, Grade 9. Motion carried with Commissioners Shank, Downey, and Snook voting  AYE and Commissioners Bowers and Wade voting NO. RECESS The Commissioners recessed from 3:25 p.m. to 4:00 p.m. JOINT MEETING WITH HAGERSTOWN MAYOR AND CITY COUNCIL The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members Lewis Metzner, Susan Saum-Wicklein, William Breichner, and Al Boyer in at 4:00 p.m. Sewer Allocation in Areas Surrounding the City of Hagerstown  Mr. Abraham provided background information on the Citys allocation system, procedures, and history. He stated that he feels the City needs to have a controlled allocation system for management of allocation both inside the  service area and outside the City limits. He reviewed the City staffs recommendation that the allocation system be streamlined to include three DECEMBER 16, 1997 PAGE SIX categories: 1) City of Hagerstown, 2) Outside the City of Hagerstown, and 3) Joint Service Area. Mr. Abraham also recommended establishing a 25% cap on the allocations to the Outside City and Joint Service Area categories and increasing the minimum allocation amount requiring Mayor and Council approval to 10,000 gallons per day. He suggested that allocations to customer categories outside the City be approved by resolution of the Mayor and Council rather than by formal amendment of the Consolidated General Service Agreement.  Commissioner Downey stated that he feels the staffs recommendation is reasonable. The group also discussed the possibility of reserving allocation for specific service areas and the estimated costs projected for the BNR study. Commissioner Bowers stated that time should be scheduled to discuss sewer service boundaries for planning purposes. The Commissioners and Council agreed to make this a project for 1998 and to allow the joint staff to do the preliminary work. Mayor Bruchey asked that an annexation plan also be included for discussion. Gary Rohrer, Director of Public Works, stated that the staffs have been working on the concept of a regional authority and they hope to present several models to both groups in January. ADJOURNMENT Motion made by Commissioner Wade, seconded by Shank, to adjourn at 5:04 p.m. Unanimously approved. County Administrator County Attorney , Clerk