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August 25, 1998
Hagerstown, Maryland
The Regular Meeting of the Board of County Commissioners of Washington
County, Maryland, was called to order at 3:30 p.m. by the President Gregory
I. Snook with the following members present: Vice President John S. Shank,
and Commissioners Ronald L. Bowers and R. Lee Downey.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Bowers, seconded by Shank, to convene in closed
session at 3:32 p.m. to consider personnel issues, consult with counsel to
obtain legal advice, and to consider 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 Wade arrived at the meeting at 4:02 p.m.
Commissioner Snook was excused from the meeting at 4:46 p.m. and
Commissioner Shank assumed the Chair.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Bowers, seconded by Downey, to reconvene in open
session at 5:56 p.m. Unanimously approved.
In closed session the Commissioners discussed seven (7) items regarding
personnel hiring and upgrades, two (2) items concerning proposals for
businesses or industrial organizations to locate, expand, or remain in the
State, considered one (1) item regarding the acquisition of real property
and consulted with counsel to obtain legal advise regarding two (2) matters
regarding ligation.
EMPLOYMENT AND PERSONNEL DECISIONS
Motion made by Commissioner Bowers, seconded by Downey, to employ the
following individuals: Plant Operator Trainee - Water & Sewer Department -
to employ Vincent McKenzie as Plant Operator Trainee, Grade 5, to fill an
existing vacancy; Industrial Pre-treatment Operator I - Water & Sewer
Department - to employ Kurt Bitikofer as Industrial Pre-treatment Operator
I, Grade 6, to fill an existing vacancy; Assistant Chief of Maintenance -
Water & Sewer Department - to upgrade Dennis Engle to the position of
Assistant Chief of Maintenance, Grade 11, at the Water & Sewer Department,
to take effect September 1, 1998. Unanimously approved.
RECESS
The Commissioners recessed at 5:56 p.m. for dinner.
EVENING SESSION - WILSON RURITAN CLUB
The Evening Session was convened at 7:00 p.m. at the Wilson Ruritan Club 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.
PLEDGE OF ALLEGIANCE
The meeting began with the Pledge of Allegiance to the Flag by the full
assemblage.
APPROVAL OF MINUTES - AUGUST 18, 1998
Motion made by Commissioner Bowers, seconded by Downey, to approve the
minutes of August 18, 1998, as amended. Unanimously approved.
CERTIFICATE OF APPRECIATION - PHILIP ROHRER
Commissioner Snook presented a Certificate of Merit to Philip Rohrer in
recognition of 16 years of dedicated service on the Economic Development
Commission, most recently serving as President of the Commission during
1997-98. Commissioner Snook noted the numerous other community
organizations on which Mr. Rohrer has served. He commended Mr. Rohrer for
his efforts on the Countys behalf and thanked him for his time and
dedication. Mr. Rohrer thanked the Commissioners for the Certificate and
stated that it has been a pleasure to serve the community.
CITIZENS PARTICIPATION
Helen Willis spoke in favor of the request to place a plaque containing the
Ten Commandments in front of the Court House.
Commissioner Snook thanked the Wilson Ruritan members for opening the
facility for the Commissioners to hold their meeting.
AUGUST 25, 1998
PAGE TWO
BID AWARD - RIGHT-TURN LANE AT HAGERSTOWN COMMUNITY COLLEGE
Motion made by Commissioner Shank, seconded by Bowers, to award the contract
for construction of a right-turn lane on Robinwood Drive at Hagerstown
Community College to C. William Hetzer, Inc. which submitted the low bid of
$49,001 and to review the plans for the stacking lane with the Director
of Public Works and Chief Engineer to assure that it is adequate.
Unanimously approved.
VOLUNTEER FIRE & RESCUE ASSOCIATION - BUDGET TRANSFER
Motion made by Commissioner Downey, seconded by Shank, to approve the
transfer of $10,000 as requested by the Volunteer Fire & Rescue Association
to be taken from the Vocational Technical Education Program to purchase
computer software and hardware to allow them to obtain a fire incident
reporting system, to standardize budgeting and auditing procedures for all
companies, and to purchase a modem, contingent upon all companies using the
standardized budget and audit reporting system. Unanimously approved.
WASHINGTON COUNTY HOUSING AUTHORITY
Motion made by Commissioner Bowers, seconded by Wade, to appoint Paul Beck
to the Washington County Housing Authority to fill the unexpired term of Tom
Kloc which extends to August 1, 1999. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that there
are currently 516 employees signed up for the County picnic. He reminded
them that the joint meeting with the Board of Education will be held on
September 8 and asked them to submit any items they may wish to place on the
agenda. Commissioner Downey asked that the Board provide general
information on the start of the school year. Mr. Shoop informed the
Commissioners that a tour of the new construction at Hagerstown Community
College has been scheduled for September 15. Commissioner Downey
recommended that a meeting not be scheduled for November 3 which is the day
of the General Election.
GODS AND GENERALS
APPROVAL OF HOLD HARMLESS AGREEMENT -
Motion made by Commissioner Downey, seconded by Shank, to approve the hold
harmless agreement with Antietam Filmworks, LLC, as presented by the County
Attorney, which clarifies the previous agreements and releases the City of
Hagerstown, Washington County and the Hagerstown/Washington County
Industrial Foundation, Inc., from any and all claims against them to include
any claims that the parties may have failed to fulfill an obligation to
assist in financing of the preproduction costs for the movie based on the
Gods and Generals.
novel Motion carried with Commissioners Downey, Shank,
Bowers, and Snook voting AYE and Commissioner Wade voting NO.
RENEWAL OF JOINT USE AGREEMENT - BOARD OF EDUCATION
Motion made by Commissioner Downey, seconded by Bowers, to renew the Joint
Use Agreement with the Board of Education as presented. The joint use
agreement makes the tennis courts at North Hagerstown High School, South
Hagerstown High School, Williamsport High School, Smithsburg High School,
and Hancock High School available to the public for a 25-year period, and
requires the County Recreation & Parks Department to maintain the courts.
Unanimously approved.
DISCUSSION OF REQUEST TO PLACE TEN COMMANDMENTS PLAQUE AT COURT HOUSE
The Commissioners discussed the request made by Mrs. Irvine Rutledge to
place a plaque containing the Ten Commandments in front of the Court House.
Beth Evans, Assistant County Attorney, stated that this request has come up
in the past and that Ralph France, former County Attorney, recommended that
the request be denied at that time. Ms. Evans stated that there has been no
Constitutional amendment which would allow the County to place a religious
monument on public property. She informed the Commissioners that holding a
public hearing would not provide the authority for a local government to
undertake this type of action. Ms. Evans recommended that they not hold a
public hearing as a discussion on the merits would still not enable the them
to grant the request. Ms. Evans stated that the American Civil Liberties
Union has been made aware of the request and has indicated that a suit would
be filed.
Motion made by Commissioner Downey, seconded by Bowers, to rescind the
original motion to hold a public hearing on the request to place the Ten
Commandments in front of the Court House, based on the additional
information provided by legal counsel and letters of correspondence received
AUGUST 25, 1998
PAGE THREE
from the public. Unanimously approved.
STATE OF MARYLAND SPECIAL LOAN PROGRAM - 1999 LETTER OF INTENT
Motion made by Commissioner Wade, seconded by Bowers, to authorize sending a
letter of intent to participate in the State of Marylands 1999 Special Loan
Program. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Snook informed the Commissioners that the Governors Solid
Waste Management Task Force will be holding meetings statewide. The meeting
for the Western Maryland region will be held at South Hagerstown High School
on October 5 at 7 p.m. He also reminded the Commissioners that the Anita
Lynne Home has scheduled the grand opening of its therapeutic equestrian
center for September 12. Commissioner Shank reported on the reception held
for newly hired teachers. He also met with a group of residents whose
properties adjoin the Marty Snook Park and representatives of the Junior
Football League regarding complaints about the volume of the loudspeakers at
the football games. Commissioner Shank indicted that the Junior Football
League has agreed to try to keep the loudspeakers at an appropriate level.
The Board requested that Pete Loewenheim of the Communications Maintenance
Department review the facility to determine whether the volume could be
positioned at a permanent setting to ensure that the neighbors would not be
disturbed. Commissioner Bowers discussed the possibility of having
underground wiring run to provide adequate electricity to the pavilion at
Camp Harding Park for their annual picnic. Commissioner Downey reported on
the workshop held by the Planning Commission regarding the Comprehensive
Plan and on the Local Management Board meeting.
ADJOURNMENT
Motion made by Commissioner Wade, seconded by Downey, to adjourn at 7:50
p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk