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December 8, 1998
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 President Gregory I.
Snook with the following members present: Vice President Paul L. Swartz,
and Commissioners Bertrand L. Iseminger, John L. Schnebly, and William J.
Wivell.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Swartz, followed by the Pledge
of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES - NOVEMBER 24 AND DECEMBER 1, 1998
Motion made by Commissioner Iseminger, seconded by Swartz, to approve the
minutes of November 24 and December 1, 1998, as submitted. Unanimously
approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Iseminger reported on the Planning Commission meeting. He
informed the Commissioners that Bernie Moser was elected as the new Chair
of the Planning Commission and Paula Lampton as the new Vice-Chair.
Commissioner Wivell reported that he attended the Water & Sewer Advisory
Commission meeting. He indicated that the Advisory Commission would like
to meet with the Commissioners in the near future regarding several issues.
Commissioner Schnebly suggested that the Commissioners schedule time after
the holidays to set goals for the future and to develop better
communication. Commissioner Swartz reported that he met with the Recreation
& Parks Board. He stated that the Mayor of Hancock petitioned for Program
Open Space (POS) money to renovate a building for use as another gymnasium.
The Board has recommended that $200,000 of POS money be used for that
purpose. Commissioner Snook reported that he received correspondence from
the Maryland Department of the Environment (MDE) regarding a request for a
surface mining permit. He distributed a report from the Purchasing
Department regarding bids which are due for the month of December.
Commissioner Snook also reported on the Convention & Visitors Bureau awards
banquet. He distributed information on the 1999 legislative agenda of the
Chamber of Commerce.
CONTRACT RENEWAL - RECORD KEEPING AND ACTUARIAL SERVICES
Karen Luther, Purchasing Agent, explained the composition of the
Coordinating Committee and the process to evaluate proposals. Mr. Davis
outlined the services included in the contract for record keeping and
actuarial services.
Motion made by Iseminger, seconded by Schnebly, to renew the contract with
Beall, Garner, Screen & Geare (BGS&G) for record keeping and actuarial
services for the third and final year for the lump sum fee of $13,000.
Unanimously approved.
CONTRACT AWARD - CIVIL/STRUCTURAL/TRAFFIC ENGINEERING SERVICES
Motion made by Commissioner Schnebly, seconded by Iseminger, to award the
contract for civil, structural, and traffic engineering services to Brudis &
Associates, Inc. which submitted the low bid of $75,835 for the services
outlined in the Scope of Work - Project Listing, for a one-year period with
an option to renew for up to two (2) additional consecutive one-year
periods. Unanimously approved.
The Commissioners discussed requesting legislation to provide provisions for
a local preference to firms bidding in Washington County.
REVIEW OF 1999 LEGISLATIVE AGENDA
Rodney Shoop, County Administrator, reviewed the 1999 legislative requests
which the staff have submitted for consideration. Purchasing - Karen
Luther, Purchasing Agent, endorsed a request that language be added to the
Code of Public Local Laws similar to that in the State procurement law
responding a responsive bidder. Zoning - Paul Prodonovich, Director of
Permits & Inspections, explained that the proposal seeks authorization to
empower the Zoning Administrator to grant minor variances and other zoning
adjustments administratively to alleviate the heavy case load of the Board
of Zoning Appeals. Borrowing Authority - Debra Bastian, Director of
Finance, requested legislation which would authorize the County to utilize
line of credit borrowing in situations where cash is needed for a short
period of time to provide additional financial flexibility. BNR Upgrade -
Gary Rohrer, Director of Public Works, explained that this proposal asks
that the State fund a higher percentage of the BNR upgrades required at the
Conococheague plant. After discussion, the Commissioners agreed to withdraw
this request in order to have additional time to work with the Delegation.
They agreed that there could be a method for the State to provide additional
assistance in the future. LMB Purchasing Exemption - The Local Management
Board (LMB) contracts with different types of treatment providers for
services of a confidential nature which makes the bidding process difficult.
The LMB requests that these service-provider contracts be exempt from the
purchasing provisions of the Code of Public Local Laws. Election Board -
the Election Board is requesting an increase in the salary of the regular
members from $2,300 to $4,800 and to increase the Board Presidents salary
from $2,600 to $4,900. The Commissioners discussed this item and asked for
additional information from the Election Board and took the request under
consideration.
DECEMBER 8, 1998
PAGE TWO
Mr. Shoop reviewed position statements in support of the Hagerstown
Community College Bond Bill, amendment of the Water Quality Improvement Act,
the Collective Bargaining Act, and Public Facility Bonding Authority. Ms.
Bastian explained that additional bonding authority may be needed because
capital projects scheduled in the out years would be at the threshold of
the $40,000,000 borrowing limit.
Commissioner Wivell asked the Commissioners to consider additional items to
present to the Delegation. He suggested that the gaming law be amended to
remove the mandatory funding limit for non-profit agencies and allow funding
to be under the control of local government. Commissioner Wivell also
recommended that the reforestation act be amended to include working
agricultural land. He also asked that the Delegation consider amending the
regulations on lead-based paint to exclude areas where the incident rate is
below certain number, to request State financial assistance with Y2K
compliance and local economic development efforts, and additional funding
for the Board of Education to pay for State initiatives . Commissioner
Swartz suggested that staggered terms for County Commissioners be considered
to help retain continuity. Richard Douglas, County Attorney, reviewed the
process by which requests are made to the Delegation.
Commissioner Snook stated that the Health Department has requested that they
be permitted to retain the entire amount of grant funds if savings are
realized instead of returning the excess funds to the State. He indicated
that the Board of Education may wish to have legislation introduced
regarding the definition of recurring versus non-recurring costs.
BID AWARD - SINGLE AXLE DUMP TRUCKS AND REJECTION OF CURRENT BID
Karen Luther, Purchasing Agent, met with the Commissioners to request that
they reject bid PUR-694, opened on November 10, 1998, for three 2000 Model
Single Axle Dump Trucks. Ms. Luther explained that Harbor Truck Sales and
Services t/a Baltimore Freightliner was the low bidder for model year 2000
trucks at $73,937.00 each and has agreed to allow the County to piggyback
onto the Model 1999 bid and to sell the Model 2000 trucks for the 1999 price
plus the manufacturers increase of $991.87 per truck or $70,746.87 each.
Motion made by Commissioner Iseminger, seconded by Swartz, to reject bids
from PUR-6904 for the 2000 Model Single Axle Dump Trucks and approve
piggybacking onto last years bid for the purchase of three (3) additional
trucks from Harbor Truck Sales and Services t/a Baltimore Freightliner at a
cost of $70,746.87 each for a total cost of $212,240.61. Unanimously
approved.
CITIZENS PARTICIPATION
Donald Allensworth stated that important issues for the Commissioners in
this term will include the cooperation between the City of Hagerstown and
the County regarding water and sewer projects, authorization for developer
impact contributions at the time that rezonings are approved, legislation
dealing with the fast-track process for developers, and forest conservation
at the site of development.
REVISED AGREEMENT FOR FIRE & RESCUE SERVICE PROTECTION - SMITHSBURG
COMMUNITY VOLUNTEER FIRE COMPANY
Beth Evans, Assistant County Attorney, reviewed the revised agreement for
fire and rescue service protection with the Smithsburg Community Volunteer
Fire Company for Fort Ritchie. She stated that the revision will add a
provision to the agreement that the Smithsburg Fire Company will provide the
necessary services twenty-four hours per day, seven days per week. Ms.
Evans noted that the Blue Ridge Mountain Volunteer Fire Company will be
called as a secondary response unit on an as-needed basis. The County
Attorneys office is drafting a mutual aide agreement with Blue Ridge which
will be presented for consideration after it is approved by Blue Ridge.
Robert Cumberland, Administrative Planner for the Washington County
Volunteer Fire & Rescue Association, was also present to answer questions
from the Commissioners regarding the agreement.
Motion made by Commissioner Swartz, seconded by Schnebly, to approve the
Revised Agreement for Fire and Rescue Service Protection for Fort Ritchie as
presented. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, advised the Commissioners that a meeting
with the PenMar Development Corporation has been scheduled for December 14.
Mr. Shoop informed the Commissioners that the November Casual Day collected
$318 for the Lions Club Vision Program. He stated that the Casual Day on
December 18 will be a food drive to benefit Food Resources. Mr. Shoop
informed the Commissioners that the Department of Social Services will hold
its employee recognition luncheon on December 11. County employees will
hold a potluck luncheon on December 17. He then reviewed a proposed
itinerary for site visits to the landfill, airport, and a budget overview
workshop which will be held on December 22.
HAGERSTOWN/EASTERN PANHANDLE METROPOLITAN PLANNING ORGANIZATION - APPROVAL
OF BUDGET AND FUNDING
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the
budget for the Hagerstown/Eastern Panhandle Metropolitan Planning
Organization (MPO) as presented for FY 1998-99 and to accept funding of
DECEMBER 8, 1998
PAGE THREE
$414,113 from the State of Maryland and the State of West Virginia for the
administration of the approved MPO programs. Unanimously approved.
APPOINTMENT TO MACO LEGISLATIVE COMMITTEE
Motion made by Commissioner Iseminger, seconded by Swartz, to appoint
Commissioner Wivell as Washington Countys representative to the Legislative
Committee of the Maryland Association of Counties and to appoint Rodney
Shoop, County Administrator, as the Alternate. Unanimously approved.
BUDGET TRANSFER REQUEST - CHANGE ORDERS FOR HALFWAY BOULEVARD/HOPEWELL ROAD
INTERSECTION ROAD IMPROVEMENTS
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the
following change orders for the Halfway Boulevard/Hopewell Road Improvement
Projects: Change Order No. 1 in the amount of $47,482.85 for revisions to
the original design to include widening of Hopewell Road and revisions to
the sewer construction at Blake Road as shown on the revised construction
drawings and Change Order No. 2 in the amount of $67,471.70 for the
construction of an accel/decel lane and entrance on Halfway Boulevard at the
Bowman Development property as shown on the revised construction plan.
Unanimously approved.
PROPOSED AGREEMENT - STATES ATTORNEY, DEA AND COUNTY
Motion made by Swartz, seconded by Schnebly, to approve acceptance of grant
funding in the amount of $20,900 per year from the Drug Enforcement Agency
to hire a clerical employee in the States Attorneys Office with the
understanding that the position will be considered contractual and may not
be continued if the grant is not renewed. Unanimously approved.
REAPPOINTMENTS - AREA AGENCY ON AGING
Motion made by Commissioner Iseminger, seconded by Wivell, to reappoint
Donald Currier, Alberta Younkins, and Catherine Drummond to the Area Agency
on Aging for three-year terms. Unanimously approved.
APPOINTMENT - HOUSING REHABILITATION LOAN COMMITTEE
Motion made by Commissioner Swartz, seconded by Iseminger, to appoint Sharon
Steiner to the Housing Rehabilitation Loan Committee to replace Diane
Brining. Unanimously approved.
REAPPOINTMENTS - HISTORIC DISTRICT COMMISSION AND WAIVER OF BOARDS AND
COMMISSIONS POLICY
Motion made by Commissioner Iseminger, seconded by Schnebly, to reappoint
Frank Artz and Bruce Johnston to the Historic District Commission and to
approve the request of the Historic District Commission to waive County
Policy PR-22 regarding term limitations for board members and reappoint
Henry Bonebrake for a third three-year term, as requested by the Historic
District Commission. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Iseminger, to convene in
closed session at 11:28 a.m. to consult with counsel to obtain legal advice
and to consider the acquisition of real property 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 Swartz, seconded by Schnebly, to reconvene in
open session at 11:53 a.m. Unanimously approved.
In closed session the Commissioners consulted with counsel to obtain legal
advice on one (1) legal matter regarding the sale of excess property and
discussed one (1) item regarding the acquisition of real property.
RECESS - LUNCHEON AT DEPARTMENT OF SOCIAL SERVICES
The Commissioners recessed at 11:54 a.m. in order to attend a luncheon at
the Department of Social Services.
JOINT MEETING WITH BOARD OF EDUCATION - PANGBORN ELEMENTARY SCHOOL
The Commissioners met with the Board of Education at Pangborn Elementary
School at 1:30 p.m. The following members of the Board of Education were
present: Edwin Hayes, B. Marie Byers, Dori Nipps, Mary Wilfong, Herbert
Hardin, and Paul Bailey. Staff members present were Dr. Herman Bartlett,
Superintendent of Schools; Dennis McGee, Director of Facilities Management;
Teresa Flak, Assistant Superintendent; and Christian South, Director of
Budget & Finance.
Board of Education Budget Process
Chris South, Director of Budget and Finance, reviewed the process used by
the Board of Education to develop its budget. Mr. South distributed copies
of the strategic plan recommendations made by the Budget Subcommittee in the
Curriculum Management Audit. He stated that recommendation A.11.1 is to
install programmatic budgeting for the basic instructional and support areas
of the budget and establish linkages with performance information. Mr.
South reviewed the recommendations made and stated that budget requests from
the schools will go to the Assistant Superintendent and requests from
Support Services will be made to the Executive Director of Support Services.
The requests will then go to the Prioritization Committee to be reviewed
with the Budget Advisory Committee and Finance Department before going to
DECEMBER 8, 1998
PAGE FOUR
the Superintendent. Ms. Nipps stated that, due to contract negotiations,
they cannot provide a definite budget number for employee salaries. Mr.
South reviewed the prioritization process and their budget calendar. Dr.
Bartlett outlined improvements made in the school system and stated that
Salem Avenue Elementary was recognized as a blue ribbon school again this
year by the State. He also informed the Commissioners that the appeal for
CIP projects which were not included for funding by the State will be held
on January 27. The meeting was recessed at 2:45 p.m.
CONVENE IN CLOSED SESSION
Motion made by Iseminger, seconded by Swartz, to convene in closed session
at 3:00 p.m. to discuss personnel issues 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.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Swartz, seconded by Iseminger, to reconvene in
open session at 5:53 p.m. Unanimously approved.
In closed session the Commissioners consulted discussed three (3) personnel
issues and considered two (2) proposals for businesses or industrial
organizations to locate, expand, or remain in the State.
EMPLOY - WATER & SEWER FACILITIES MANAGER
Motion made by Commissioner Schnebly, seconded by Iseminger, to employ
Thomas McClellan as Water & Sewer Facilities Manager, Grade 14, at $45,000,
to fill an existing vacancy. Motion carried with Commissioners Schnebly,
Iseminger, Swartz, and Snook voting AYE and Commissioner Wivell voting
NO.
TEMPORARY UPGRADE - ACTING DIRECTOR OF CHILDREN, YOUTH & FAMILIES
Motion made by Commissioner Wivell, seconded by Schnebly, to approve the
temporary upgrade of Marcia Mackley to Acting Director for the Department of
Children, Youth & Families and to increase her salary accordingly as
outlined in Policy PR-10, Guidelines for the Temporary Upgrade of Employees.
Unanimously approved.
APPROVAL OF BOWMAN AGREEMENT - HALFWAY BOULEVARD/HOPEWELL ROAD INTERSECTION
IMPROVEMENTS
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the
agreement with Bowman Development for right-of-way easements needed for the
Halfway Boulevard/Hopewell Road Improvement Project at no cost to the
County, as outlined in the agreement as presented by the Assistant County
Attorney.
ADJOURNMENT
Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 5:58
p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk