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July 11 2006
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 President Gregory I. Snook with the following
members present: Vice President William J. Wivell and
Commissioners James F. Kercheval, John C. Munson and Doris
J. Nipps. The meeting was held at 80 West Baltimore Street
due to elevator maintenance at the County Administration
Building.
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 – JUNE 20, 2006
Motion made by Commissioner Munson, seconded by Kercheval,
to approve the minutes of June 20, 2006. Motion carried
with Commissioners Munson, Kercheval, Nipps, and Snook
voting “AYE” and Commissioner Wivell “ABSTAINING.”
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell reported on the PenMar Development
Corporation meeting. He informed the Commissioners that a
certificate of merit was presented to Bonnie Parks at the
Water Quality Advisory Commission meeting in recognition of
her ten years on the Commission. Commissioner Wivell
stated that the City’s Citizens on Patrol program is
requesting that the County contribute another used
Sheriff’s Department cruiser for use by the fire police.
It was the consensus of the Commissioners to approve the
request if there is a suitable vehicle available.
Commissioner Kercheval reported on the meeting of the
Downtown Summit Group and its objectives. He stated that
the City is asking that the County finalize the design of
the intersection of Eastern Boulevard Extended and Marsh
Pike. Commissioner Kercheval reported on the Planning
Commission meeting. He cited several issues, including an
allocation policy for new school capacity in regards to the
County’s APFO, that the Commissioners need to resolve as a
Board and suggested that they hold a workshop meeting with
the Planning Commission to address them. Commissioner
Kercheval stated that he spoke to the Retired Teachers
Association and they were very complimentary of actions
taken by the Commissioners in working in conjunction with
the Board of Education on various school capital
improvement issues.
Commissioner Munson reported on the Agricultural Education
Center Board meeting. He provided copies of a map and
financial plan for the Rural Heritage Museum. Jim
Sterling, Director of Buildings, Grounds, and Parks, stated
that the Board is interested in permitting nonprofit
organizations to have gaming activities such as bingo and
tip jars during functions at the facility, but that the
regulations would have to be revised. He informed the
Commissioners that the Firemen’s Association is also
interested in holding the “Bonanza Extravaganza” there next
year. After discussion, it was the consensus of the
Commissioners to proceed with the intent to revise County
regulations to allow gaming at the Agricultural Education
Center facility in conjunction with Gaming Commission
regulations.
Commissioner Nipps reported on the Community Action Council
Board meeting.
Commissioner Snook introduced Robert Gordon, the new
Director of the Hagerstown-Eastern Panhandle Metropolitan
Planning Organization (MPO). Mr. Gordon explained some of
the new Federal regulations and how they will affect
transportation projects. Commissioner Snook stated that he
received notification from the Department of the
Environment that H.B. Mellott has applied to expand its
surface mine permit at the Beaver Creek Quarry. The public
information meeting is scheduled for July 27. Commissioner
Snook informed the Board that he has recommended that Sonja
Hoover, Fiscal/Research Specialist for the Economic
Development Commission, sit on the Revolving Loan Fund
Subcommittee for Tri-County Council. He stated that the
Maryland Association of Counties (MACo) has contracted to
hold its annual winter conferences at the Cambridge Hyatt
JULY 11, 2006
PAGE TWO
for the next three years. Commissioner Snook informed the
Commissioners that the MACo Executive Board discussed the
new annexation requirements and the possibility of costs
for early voting being passed down to the counties. He
stated that a commission has been formed by the State to
discuss maintenance of effort for education funding. He
also indicated that they should be aware of possible
changes in payment of jury management and court costs.
MEDICAL EXAMINER FEES
Commissioner Snook informed the Commissioners that Dr.
Edward Ditto, Medical Examiner, has requested an increase
in the County supplement for post-mortem investigations and
exams from $65 to $80 per case. He indicated that this is
a supplement to the State payment of $80 for examinations
as required under State law. After discussion, it was the
consensus to approve the request. The supplement had not
been raised since the early 1980s. The County has
approximately 90 cases per year with an annual budget of
$6,000. The increased rate would require a budget
adjustment of approximately $1,400.
REZONING TEXT AMENDMENT RZ-06-010
Michael Thompson, Director of Planning & Community
Development, reviewed text amendment RZ-06-010, submitted
by his Department to amend the Zoning Ordinance. The
proposed amendments consist of revisions to Sections
6.1(f), 6.2(j), 6.5, 7.2(c), 7.5 and 21A.1(c) relating to
references to Hospital (Class A) and Hospital (Class B).
Mr. Thompson stated that the revisions are the result of a
change in definitions in the Ordinance that were made
during the Rural Zoning update. He explained that a new
definition was provided for a hospital, which replaced the
previous definitions for Class A and Class B hospitals, but
these references were not incorporated into the updated
Rural Rezoning sections of the Ordinance. Mr. Thompson
noted that the proposed amendments do not affect where a
hospital may be located in Washington County. The sole
purpose for the amendments is to eliminate references to a
Class A/Class B distinction that no longer exists in the
Ordinance. The public hearing was held on June 12, 2006
and the Planning Commission has recommended approval of the
text amendment. The meeting was then opened for questions
and discussion.
Motion by Commissioner Wivell, seconded by Munson, to
approve Text Amendment RZ-06-010, as presented at a joint
public hearing held June 12, 2006. Unanimously approved.
CONTRACT AWARD – HALFWAY AREA SANITARY SEWER REHABILITATION
PROJECT
Motion made by Commissioner Wivell, seconded by Munson, to
award the contract for the Halfway Area Sanitary Sewer
Rehabilitation Project to Am-Liner East, Inc., which
submitted the lowest responsive, responsible bid in the
amount of $931,345.20, contingent upon receiving approval
from the Maryland Department of the Environment (MDE), to
approve a Budget Transfer Request of $500,000 to increase
account 32-42010-LIN007 from State grants/loans and the
upcoming Budget Transfer request of $623,785.55 to complete
Phase II as well, with the additional grant funding through
MDE, to allow completion of the entire project.
Unanimously approved.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – SELF-PROPELLED
ASPHALT PAVER
Motion made by Commissioner Munson, seconded by Kercheval,
to authorize the Highway Department to purchase a self-
propelled asphalt paver from Valley Supply & Equipment
Company in the amount of $70,000 through the City of
Frederick, Maryland’s bid in accordance with the terms and
conditions of that contract resolution pursuant to Section
1-106.3 of the Code of Public Local Laws of Washington
County, Maryland. Unanimously approved.
CITIZENS’ PARTICIPATION
There was no one present who wished to comment.
REPORTS FROM COUNTY STAFF
Greg Murray, Director of the Water Quality Department,
provided an update on the recent heavy rainfall and impact
on utilities. He stated that the
JULY 11, 2006
PAGE THREE
flow transfer agreement allowed the City to transfer
500,000 gallons to the County system and avoid
environmental damage.
Dave Hankinson, Director of Human Resources, asked for
authorization to fill the Accounting Supervisor vacancy in
the Budget & Finance Department, a Maintenance Equipment
Operator (MEO) II position at the Highway Department, and
two MEO I positions at the Highway Department.
Motion made by Commissioner Munson, seconded by Wivell to
approve the recommendation to advertise to fill the
requested positions. Unanimously approved.
John Latimer, IV, Chair of the Fire & Rescue Association
Revolving Loan Committee, appeared before the Commissioners
regarding a request from the Boonsboro Ambulance Service
for a loan in the amount of $78,000 from the revolving loan
fund to purchase a new ambulance. Mr. Latimer also
provided an update on the cave rescue that was made on
Sunday near the C&O Canal.
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve the recommendation of the Fire & Rescue
Revolving Loan Committee to approve a loan from the
revolving loan fund in the amount of $78,000 to Boonsboro
Ambulance Service, Inc. for the purchase of a new
ambulance. Unanimously approved.
Debra Murray, Director of Finance, informed the
Commissioners that her Department would be sending out the
final notices on delinquent bay restoration fees in the
near future.
RECESS – TOUR OF COMMUNITY FREE CLINIC AND LUNCH
The Commissioners recessed at 10:50 a.m. in order to tour
the Washington County Community Free Clinic. Robin
Roberson, Executive Director, informed the Commissioners
that the Clinic has experienced a 49% growth in the number
of patient visits from 2004 to 2005. She indicated the
need for additional funding as they have discontinued
taking new patients until they resolve the funding issues.
AFTERNOON SESSION
The afternoon session was called to order at 1:48 p.m. by
President Gregory I. Snook, with the following members
present: Vice President William J. Wivell, and
Commissioners James F. Kercheval, John C. Munson, and Doris
J. Nipps.
WASHINGTON COUNTY HEALTH DEPARTMENT PROPOSAL FOR FUNDS
RELATED TO TEEN PREGNANCY PREVENTION
Maureen Grove, Chair of the Teen Pregnancy Prevention Task
Force, met with the Commissioners to express their support
of the Health Department’s proposal to utilize $134,097 in
County funds for teen pregnancy prevention programs. The
money was set aside in the FY 2007 budget by the
Commissioners until the proposal could be reviewed by the
Task Force. Ms. Grove informed the Commissioners that the
Task Force met on June 29, 2006 to hear the Health
Department’s presentation regarding how they would utilize
the County funds. The Task Force voted unanimously to
support the proposal for a full-time nurse practitioner,
media ads, equipment/supplies and medications. The meeting
was then opened for questions and discussion. Commissioner
Wivell expressed concern that proposals from other agencies
were not considered by the Task Force. Earl Stoner, Deputy
Director of the Health Department, explained that the
funding was included in the Health Department’s original FY
2007 budget submittal and was set aside in order to allow
the Task Force time to review and make a recommendation.
Commissioner Snook asked the Task Force to report back to
them in six months on the programs.
Motion made by Commissioner Kercheval, seconded by Nipps,
to release the $134,097 in County funding to support the
Health Department’s proposal for Teen Pregnancy Prevention
program as proposed in the FY 2007 Health Dept budget and
as reviewed and recommended by the Teenage Pregnancy Task
JULY 11, 2006
PAGE FOUR
Force. Motion carried with Commissioners Kercheval, Nipps,
Munson, and Snook voting “AYE” and Commissioner Wivell
voting “NO.”
REQUEST FOR FUNDING – WASHINGTON COUNTY MUSEUM OF FINE ARTS
Joseph Ruzicka, Director of the Washington County Museum of
Fine Arts, met with the Commissioners to request funding
for a special one-time publication commemorating the
th
Museum’s 75 anniversary. Mr. Ruzicka stated that the cost
Our Fondest Dreams and Hopes
of the publication, , would be
$21,300. He informed the Commissioners that the Museum has
secured a pledge from Hagerstown Bookbinding and Printing
to print the catalogue at cost. The meeting was then
opened for questions and discussion.
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve the request made by the Museum of Fine Arts to
th
provide funding in the amount of $21,300 for their 75
anniversary publication, with funds to be taken from the
Commissioners Contingency fund. Unanimously approved.
In response to the last week’s announcement that
Commissioner Snook would not be seeking re-election, Mr.
Rusicka thanked him for his years of public service and for
masterfully leading the County over the past 20 years. He
stated that he would miss Commissioner Snook’s wisdom and
experience.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Nipps, seconded by Munson, to
convene in closed session at 2:20 p.m. to discuss personnel
matters relating to the appointment, employment and/or
promotion of individuals over whom the Commissioners have
jurisdiction and any other personnel matters affecting one
or more specific individuals, to consult with counsel to
obtain legal advice, and consider a matter that concerns a
proposal for a business or industrial organization 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 Munson, seconded by Nipps, to
reconvene in open session at 4:30 p.m. Unanimously
approved.
In closed session, the Commissioners discussed three (3)
personnel matters relating to the employment or appointment
of individuals over whom the Commissioners have
jurisdiction and other personnel matters affecting one or
more specific individuals and consulted with counsel to
obtain legal advice. Present during closed session were
Commissioners Gregory I. Snook, William J. Wivell, James F.
Kercheval, John C. Munson and Doris J. Nipps. Also present
at various times were Kirk C. Downey, Assistant County
Attorney; Rodney Shoop, County Administrator; Joni Bittner,
County Clerk; David Hankinson, Director of Human Resources;
Gary Rohrer, Director of Public Works; John A. Latimer, IV,
Director of Fire and Emergency Services; Greg Larsen,
Business Development Manager for the Hagerstown Regional
Airport; Tim Troxell, Director of the Economic Development
Commission (EDC); Robert Mandley, EDC Project Coordinator;
Cassandra Latimer, EDC Marketing Specialist; Dan DiVito,
Director of Permits & Inspections; Michael Thompson,
Director of Planning & Community Development; and Guy
Bonner, Phoenix Color Corporation.
REAPPOINTMENT - SOLID WASTE ADVISORY COMMITTEE
Motion made by Commissioner Munson, seconded by Wivell, to
reappoint Kenneth Conway to the Solid Waste Advisory
Committee for a three-year term. Unanimously approved.
EMPLOY DEPUTY DIRECTOR OF FIRE & EMERGENCY SERVICES
Motion made by Commissioner Kercheval, seconded by Nipps,
to employ Kevin Lewis as Deputy Director of Fire &
Emergency Services. Motion carried with Commissioners
Kercheval, Nipps, Munson, and Snook voting “AYE” and
Commissioner Wivell voting “NO.”
EMPLOY EMERGENCY SERVICES COORDINATOR
Motion made by Commissioner Munson, seconded by Wivell, to
employ
JULY 11, 2006
PAGE FIVE
Brigitte Heller as Emergency Medical Services Coordinator.
Unanimously approved.
CONTRACT SERVICES – MEDICAL DIRECTOR
Motion made by Commissioner Kercheval, seconded by Nipps,
to enter into a one-year contract with Dr. Vincent Cantone
to serve as jurisdictional medical director for emergency
services for the fee of $25,000 per year. Motion carried
with Commissioners Kercheval, Nipps, Munson, and Snook
voting “AYE” and Commissioner Wivell voting “NO.”
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Kercheval,
to adjourn at 4:32 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk