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HomeMy WebLinkAbout981110 November 10, 1998 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 a.m. by President Gregory I. Snook with the following members present: Vice President John S. Shank, and . Commissioners Ronald L. Bowers, and R. Lee Downey Also present were Commissioners-Elect Bertrand Iseminger, John Schnebly, and William Wivell. Commissioner-Elect Paul Swartz arrived at 11:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - OCTOBER 27, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of October 27, 1998, as submitted. Unanimously approved. CERTIFICATE OF APPRECIATION - MARJORIE S. PETERS Commissioner Snook presented a certificate of appreciation to Marjorie S. Peters in recognition of her contributions to the community as a founding member of Y-Me of the Cumberland Valley and her 23 years of service at the Washington County Historical Society. The Commissioners extended their appreciation and wished her a long and happy retirement. Marge thanked the Commissioners for the certificate and for their support in various community efforts. CERTIFICATE OF MERIT - ANGELA GORDON Commissioner Downey presented Sheriff Charles Mades with a Certificate of Merit for Angela Gordon in recognition of her performance above and beyond the call of duty. Ms. Gordon, who was employed as a Communications Dispatch  Officer at the Sheriffs Department, prevented a woman from jumping from a bridge by physically pulling her down and holding her until help arrived. The Commissioners commended Ms. Gordon for her life-saving actions. Sheriff Mades thanked the Commissioners and stated that he would see that Ms. Gordon receives the Certificate.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook reported that he received notification from the Department of Housing & Community Development that the Clagett farm is being considered for nomination to the National Register of Historic Places. He also informed the Commissioners that the next Municipal League meeting will be held in Clear Spring on November 23. Commissioner Snook stated that the  Salvation Armys kettle kick-off will be held on November 20. He informed the Commissioners that the ribbon-cutting at the new Waffle House will be held next week. Commissioner Shank informed the Commissioners that the Recreation & Parks Board has four members whose terms will expire on December 31. The Board will be submitting recommendations for these positions. Commissioner Downey reported on the Planning Commission meeting. He stated that the Planning Commission received an award from the State of Maryland for the joint application with Montgomery and Frederick Counties for the Rural Legacy Program. Commissioner-elect Bert Iseminger provided additional information on the Planning Commission meeting. Commissioner Downey also reported on the meeting of the Advisory Commission to the Board of Health. BLACK ROCK GOLF COURSE AGREEMENT Rodney Shoop, County Administrator, reviewed the proposed agreement with the  Washington County Public Golf Corporation (the Golf Corporation) for the management of Black Rock Golf Course. He stated that employment contracts for the Director of Golf and the Golf Course Superintendent have also been  drafted for the Commissioners review. Mr. Shoop stated that the proposed term of the agreement is five years with automatic renewal for additional five-year periods. He outlined the terms of the agreement with regard to personnel and budgeting procedures. The Commissioners discussed the $2,000 per month reimbursement from the Golf Corporation which is to be used for the development of parks and recreation in the County. The Commissioners indicated that they would consider allowing the payments to be made quarterly, semi-annually or annually. They requested that the County Attorney revise the draft agreement to include language that the $2,000 is a payment in lieu of taxes. Ronald Pike, Chairman of the Golf Corporation, explained the fee structure at the Course. He stated that the Golf Corporation did not take formal action on the agreement but that the members were polled and endorse the agreement as negotiated. Commissioner Wade stated that he would like to have formal action from the Corporation that they are in favor of the agreement. NOVEMBER 10, 1998 PAGE TWO Motion made by Commissioner Wade, seconded by Bowers, to table any decision on the Golf Course Agreement for two weeks until the Washington County Public Golf Corporation has taken formal action on the agreement. Unanimously approved. BID AWARD - GASOLINE, DIESEL FUEL & MOTOR AND INDUSTRIAL OILS Motion made by Commissioner Bowers, seconded by Shank, to award the contract for Diesel/Kerosene Transport Loads to A.C.&T. Co., Inc. which submitted a bid of $280,139.40 and to award the contract for Gasoline Transport Loads to A.C.&T. Co., Inc. which submitted a bid of $198,715.70. Motion made by Commissioner Bowers, seconded by Wade, to amend the Main Motion and to award the contract for Diesel/Kerosene Transport Loads to A.C.&T. Co., Inc. which submitted the total base bid of $280,139.40 and to award the contract for Gasoline Transport Loads to Petroleum Traders Corporation which submitted the low total base bid of $192,602.90 for the contract period December 1, 1998 through November 30, 1999, with an option to renew for two additional one (1) year periods. The Amended Motion carried with Commissioners Bowers, Wade, Downey and Snook voting AYE and Commissioner Shank voting NO. Motion made by Commissioner Wade, seconded by Bowers, to approve the following contracts for the contract period December 1, 1998 through November 30, 1999, with an option to renew for two additional one (1) year periods: Gasoline and diesel/kerosene (Tankwagon) - to award the contract for gasoline and diesel/kerosene tankwagon load to Southern States Corporation, Inc., which submitted the low total base bid of $31,219.5925; and Motor & Industrial Oils - to award the contract for motor and industrial oils to Ewing Oil Company which submitted the low total base bid of $27,608.39. Unanimously approved. CONTRACT AWARD - LABOR COUNSEL SERVICES Motion made by Commissioner Wade, seconded by Bowers, to award the contract for labor counsel services as outlined in the scope of work presented to Semmes, Bowen & Semmes, P.C. for the lump sum hourly rate of $150.00 for principals and $120.00 for associates for a one-year period upon contract execution with an option for the County to renew for up to two (2) additional consecutive one-year periods. Unanimously approved. CITIZENS PARTICIPATION There were no individuals present who wished to participate during Citizens Participation.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the October Casual Day raised $450 for medical expenses of County employee Betty Carter. He reported that the free bulk trash recycling week held October 10-17 was a success and served an estimated 1,800 households with 142 tons of materials received. Mr. Shoop reported that the speakers and lights at the field used by the Washington County Junior Football League have been re-adjusted and this should solve the problems in the community. Commissioner Shank stated that the volume on the speaker cannot be adjusted above level four on the control. Commissioner Snook asked that additional trees be planted as screening in this area.  BUDGET TRANSFER REQUEST - SHERIFFS DEPARTMENT Motion made by Commissioner Shank, seconded by Downey, to approved the  budget increase to the Sheriffs Department in the amount of $25,000 to reflect the Federal Subgrant award of the Byrne Memorial Federal Grant funding for hiring of a correctional officer for drug rehabilitation and drug counseling for the JSAP Program. Unanimously approved. APPROVAL OF GRANT AGREEMENT - MARYLAND AVIATION ADMINISTRATION Motion made by Commissioner Wader, seconded by Downey, to approve grant agreement MAA-GR-99-014 from the Maryland Aviation Administration for $52,801 for the rehabilitation of Taxiway C, regrading of Runway 2-20 Safety Areas, acquisition of snow removal equipment, and supplemental wind cones with a five percent County match. Unanimously approved. BUDGET TRANSFER - WATER & SEWER DEPARTMENT Motion made by Commissioner Wade, seconded by Downey, to approve the budget transfer as requested by the Water & Sewer Department in the amount of $80,000 for additional work to be done by I.K. Stoltzfus Service Corp. to include cleaning of an additional equalization tank and painting of truck dumping stations with funding to be taken from the Newgate Water Extension NOVEMBER 10, 1998 PAGE THREE project, savings on the Halfway valve installation project, and excess bond proceeds. Unanimously approved. RESOLUTION - ANNEXATION REQUEST BY TOWN OF KEEDYSVILLE Robert Kuczynski, attorney for Town of Keedysville, informed the Commissioners that Victor Peeke, Paul and JoAnn Williams, and John and Cindy Burtner have petitioned the Town of Keedysville to annex their properties into the corporate boundaries of Keedysville. The Town is  requesting the Countys approval of the proposed zoning classification of all parcels of SR (Suburban Residential) and the petitioners have agreed that this zoning classification would be appropriate. The annexation concerns a total of 91.8 acres. Richard Douglas, County Attorney, stated that the Planning Commission also concurred with this recommendation at its November 2, 1998 meeting. The Commissioners discussed the requested zoning classification and Mayor Kenneth Brandenburg, Town of Keedysville, spoke in favor of the proposed annexation. Motion made by Downey, seconded by Bowers, to approve the proposed zoning classification of Suburban Residential (SR) for the designated properties owned by Victor Peeke, Paul and JoAnn Williams, and John and Cindy Burtner, who are petitioning the Town of Keedysville for annexation into the corporate boundaries of the Town. Unanimously approved. RESOLUTION - ANNEXATION REQUEST - CITY OF HAGERSTOWN Mr. Douglas informed the Commissioners that William C. Wantz, Esquire, has submitted a request on behalf of Cynthia J. McDonald, Personal Representative of the Estate of C. Richard Startzman, to the City of Hagerstown requesting that a 37.503 acre parcel of land near the south side of Wesel Boulevard be annexed into the City of Hagerstown. The Startzman  estate is seeking the Countys approval of the proposed zoning designation of C-2 (Commercial General) in accordance with Section 68-17 of the Zoning Ordinance of the City of Hagerstown. A memorandum from the Planning Commission stated that they do not take exception to the proposed classification although the C-2 classification is not the closest classification in the City Zoning Ordinance to the County IG classification.  Motion made by Shank, seconded by Wade, to grant the petitioners request to approve the zoning classification of C-2 requested by the Personal Representative of the Estate of C. Richard Startzman, who have petitioned the City of Hagerstown to annex a 37.503 acre parcel of land into the City of Hagerstown. Unanimously approved. REQUEST FOR RELIEF FROM COUNTY PROPERTY TAXES - HAGERSTOWN-WASHINGTON COUNTY INDUSTRIAL FOUNDATION, INC. (CHIEF) Richard Douglas, County Attorney, informed the Commissioners that the Hagerstown-Washington County Industrial Foundation, Inc. (CHIEF) has requested relief from County property taxes for two tracts in the Newgate Industrial Park which they feel cannot be properly marketed until the County provides for road access. Mr. Douglas stated that the 1998-99 County property taxes for these properties total $32,243.44. Robert Arch, Director of Planning & Community Development, stated that the Newgate Industrial project has been a joint venture between CHIEF and the County. Commissioner  Wade asked for additional information regarding CHIEFs financial investment in the property. The Commissioners took the request under consideration at this time. They asked for information to ascertain if an appeal was filed with the Assessment office and whether enterprise zone credits similar to those in the rest of the area could be applied to these tracts. CONVENE IN CLOSED SESSION Motion made by Wade, seconded by Shank, to convene in closed session at 11:13 a.m. to discuss personnel and to consult with counsel to obtain legal advice 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 Downey, seconded by Shank, to reconvene in open session at 12:11 p.m. Unanimously approved. In closed session the Commissioners discussed two (2) personnel issues and consulted with counsel to obtain legal advice on five (5) matters involving land issues and agreements. NOVEMBER 10, 1998 PAGE FOUR RECESS - LUNCH The Commissioners recessed for lunch at 12:11 p.m. MEETING WITH BOARD OF EDUCATION - SALEM AVENUE ELEMENTARY SCHOOL The Commissioners met with the Board of Education at Salem Avenue Elementary School at 3:00 p.m. The following members of the Board of Education were present: Robert Kline, B. Marie Byers, Dori Nipps, and Andrew Humphreys. Also present were the newly elected members of the Board of Education, Mary Wilfong, Herbert Hardin, and Paul Bailey. Staff members present were Dr. Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of Facilities Management; and Teresa Flak, Assistant Superintendent. After introductions were made, Commissioner Snook asked for an update on the curriculum management audit. Ms. Flak outlined the procedures used in the audit and stated the audit provided an objective outside look at the curriculum process of the school system and recommended ways to operate more efficiently. She stated that she will make the implementation plan available to the Commissioners. Dr. Bartlett explained that the Board has been implement the recommendations that do not necessitate additional funding. The Commissioners discussed the budgeting process and the need to have the final budget available for review at an earlier date. Commissioner-Elect Iseminger suggested that the Board of Education review its goals and objectives with the new Board of County Commissioners. The Commissioners asked Dr. Bartlett to review the budget process at the joint meeting in December. ADJOURNMENT Motion made by Commissioner Downey, seconded by Shank, to adjourn at 3:50 p.m. Unanimously approved. County Administrator County Attorney , Clerk