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HomeMy WebLinkAbout010821August 21, 2001 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, Jr., John L. Schnebly, and William J. Wivell. 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 — AUGUST 7, 2001 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of August 7, 2001, as presented. Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Iseminger reported on the meeting of the Fire & Rescue Subcommittee of the Emergency Services Council and the Public Golf Corporation Board of Directors. He stated that he and Commissioner Schnebly met with citizens from the Tammany area who are interested in forming a neighborhood watch program. Commissioner Iseminger informed the Commissioners that the Gaming Commission would like to meet with the Board of County Commissioners. Commissioner Swartz reported on the Disabilities Advisory Committee meeting. He informed the Commissioners that he attended the Outdoor Sports Celebration at Woodmont and the 35th anniversary celebration for Reverend Don Stevenson. Commissioner Schnebly informed the Commissioners that he attended the reception for Cheryl Walkley, former director of Community Action Council. He also attended a meeting of the Herald Mail Focus group. Commissioner Schnebly stated that he was contacted by a vendor regarding the award of the telephony bid and asked the staff to send a response. Commissioner Snook suggested that the Commissioners send a letter to the Agricultural Education Center Board congratulating them on the success of Ag Expo. He informed the Commissioners that a public meeting to discuss the Thornton Commission recommendations is scheduled on September 10 at Urbana High School. Commissioner Snook distributed a copy of Community Action Council's block grant application for review. He informed the Commissioners that notification was received from the Department of the Environment that Mack Trucks has applied for a Part 70 Operating Air Quality Permit. Commissioner Snook informed the Commissioners that the City of Hagerstown would be holding a public hearing on September 25 regarding the request to annex the Shank farm property north of Hagerstown. He also informed them that the Western Maryland Heritage Foundation has requested funding from the proceeds of the hotel rental tax revenues to restore the King farmhouse in Boonsboro. Commissioner Snook stated that the Chief Engineer is monitoring the new road reclamation projects. He informed the Commissioners that Harry Sachs has replaced Gloria Urban as Director of Government Reference Services at the Library. He received notice from the State Highway Administration that they would be starting the second phase of the Main Street project in Hancock. Also, a letter was received from the Maryland Symphony Orchestra thanking the Commissioners for contributing to its educational outreach program. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, stated that her staff is proceeding to close out the FY 2001 budget. She advised the Commissioners that the auditors would begin work on August 27. Alan Davis, Director of Human Resources, informed the Commissioners that the Salary Study Commission is scheduled to make its recommendations at the August 28 meeting. He stated that McKay Shields would be giving a quarterly review on September 5. Mr. Davis informed the Commissioners that the FY 2002 contribution has been made to the Length of Service Awards Program (LOSAP) fund and that there is now over $1 million in it. AUGUST 21, 2001 PAGE TWO Gary Rohrer, Director of Public Works, distributed a Department of Transportation brochure on traffic signalization. He provided updates on the following projects: biological nutrient removal (BNR), overlay, and the Court House Annex and County Office Building renovations. Mr. Rohrer also reported that a safety training workshop is being held today. Robert Arch, Director of Planning & Community Development, informed the Commissioners that he met with Department of Natural Resources staff regarding the property exchange for the Ditto Knolls and Tammany Manor properties. Mr. Arch informed the Commissioners that Ron Maxwell, director of the movie "Gods and Generals" would attend the joint City/County meeting regarding repayment of the loan for pre -production. He stated that the Department of Business & Economic Development may submit an application for a Community Development Block Grant (CDBG) loan for Lenox. Mr. Arch stated that he attended a meeting in regard to developing guidelines for a long-range open space plan. He indicated that he would be meeting with DNR officials regarding TMDL limits. EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) CONTRACT Bradley Sell, Executive Director of Food Resources, Inc., informed the Commissioners that the Community Action Council will no longer be administering the Emergency Food Assistance Program due to changes in its staffing, and recommended that Food Resources, Inc. be designated as the Emergency Feeding Organization (EFO) for Washington County. Mr. Sell stated that Food Resources has experience in food distribution to non-profit agencies and is willing to accept this designation. Motion made by Commissioner Swartz, seconded by Schnebly, to designate Food Resources, Inc. as the Emergency Feeding Organization for execution of the Emergency Food Assistance Program (TEFAP) contract for Washington County. Unanimously approved. BID AWARDS - GENERAL LIABILITY, AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE, LAW ENFORCEMENT LIABILITY AND UMBRELLA EXCESS LIABILITY INSURANCE Motion made by Commissioner Schnebly, seconded by Iseminger, to award the contracts for general liability, automobile liability and physical damage, law enforcement liability, and umbrella excess liability insurance to Willis Corroon Corporation of Maryland, which submitted the low responsive, responsible bid of $339,129. Unanimously approved. NATIONAL REGISTER NOMINATION - WILLIAMSPORT HISTORIC DISTRICT Stephen Goodrich, Senior Planner, informed the Commissioners that he met with the Williamsport Town Council on August 13 to explain the effects of listing the Town in the National Historic Register. He stated that the Council confirmed its desire to continue with the application. Mr. Goodrich then reviewed the nomination with the Commissioners. Motion made by Commissioner Swartz, seconded by Wivell, to submit the application for the Williamsport Historic District to the Maryland Historical Trust for nomination to the National Register of Historic Places. Unanimously approved. APPOINTMENTS - WASHINGTON COUNTY COMMUNITY PARTNERSHIP BOARD Motion made by Commissioner Swartz, seconded by Schnebly, to appoint Jo Ellen Barnhart and Dr. Julian Sidlowski to the Washington County Community Partnership Board as community representatives for three-year terms. Unanimously approved. "ON BEHALF OF" PROGRAM - 2001 HOUSING BOND AUTHORIZATION Motion made by Commissioner Iseminger, seconded by Wivell, to assign Washington County's 2001 housing bond allocation in the amount of $2896,512 to the Community Development Administration for use in the On Behalf of (OBO) Program. Unanimously approved. APPOINTMENT - DISABILITIES ADVISORY COMMITTEE Motion made by Commissioner Swartz, seconded by Iseminger, to appoint Sharon Landis to the Disabilities Advisory Committee to fill the unexpired term of Linn Hendershot, which extends to October 31, 2002. Unanimously approved. AUGUST 21, 2001 PAGE THREE FY 2002 EASEMENT RANKINGS FOR AGRICULTURAL LAND PRESERVATION PROGRAM Eric Seifarth, Farmland Preservation Coordinator, met with the Commissioners to review the easement rankings for Fiscal Year 2002 as recommended by the Agricultural Land Preservation Advisory Board. Mr. Seifarth stated the Maryland Agricultural Land Preservation Foundation (MALPF) has asked the County not to submit more than 80 percent of the applications to Annapolis for further review. Mr. Seifarth stated that the Board has recommended sending no more than 20 of the applications to the State. He explained that funds from the County portion of the agricultural transfer tax will be used for funding easement purchases and administrative costs and will be matched by the State on a 60/40 basis. He then reviewed the process used by the Advisory Board to rank the properties and briefly reviewed each application. He stated that he anticipates that the County will only have enough money to purchase three easements. Commissioner Snook then opened the meeting for public comment. Robert Kline spoke in favor of the rankings and provided information on Carroll County's program on development rights. The hearing was closed at 10:25 a.m. Motion made by Commissioner Iseminger, seconded by Swartz, to accept the recommendation of the Agricultural Land Preservation Advisory Board for agricultural easement priority rankings and to forward the 20 top-ranked applications to the Maryland Agricultural Land Preservation Foundation for consideration in the Fiscal Year 2002 easement acquisition program cycle. Unanimously approved. CITIZENS PARTICIPATION Ed Miller stated that he received information from a citizens group opposed to the truck stop and stated that he does not approve of their tactics and the approach that was taken. Donald Allensworth stated that he is opposed to the application of the text amendment changing the definition of truck stop to a project "in the pipeline." He also stated that he believes the County has taken the proper position on annexation. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the Pan Am reception at the Airport terminal has been scheduled for October 6. He stated that the ribbon -cutting ceremony for the Clear Spring Library is scheduled for September 15. Mr. Shoop noted that the employee's Casual Day for July raised $322 for the American Cancer Society. He reminded the Commissioners that the August 28 evening meeting would be held at the Fairplay Volunteer Fire Company. RECESS - WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES ANNUAL MEETING The Commissioners recessed at 10:55 a.m. in order to attend the annual meeting of the Community Partnership for Children and Families. AFTERNOON SESSION The afternoon session was called to order at 1:07 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners John L. Schnebly, Bertrand L. Iseminger, and William J. Wivell. DEPARTMENT OF EMERGENCY SERVICES Alan Davis, Director of Human Resources, met with the Commissioners to review the proposed mission, vision, objectives, and organizational structure as proposed by the Emergency Services Council. Mr. Davis provided a summary of the proposal to create a Department of Emergency Services and its responsibilities. Mr. Davis indicated that the new Department would include 911 Communications, Special Operations, Emergency Management, the Air Unit, and Communications Maintenance. He stated that the proposal was then reviewed by the Emergency Services Council and revisions were made to the original proposal. Mr. Davis indicated that recommendations included reducing the Emergency Services Council from 15 members to seven, continuing the Fire & Rescue Communications Advisory Board, and including the President of the AUGUST 21, 2001 PAGE FOUR Washington County Volunteer Fire & Rescue Association (WCVFRA) in the interview process for the new director of the Department of Emergency Services. The Commissioners discussed whether to include Communications Maintenance in this department and agreed to revisit this item prior to January 1 when it is scheduled to be incorporated into the new Department. Motion made by Commissioner Iseminger, seconded by Schnebly, to accept the recommendation made to create a Department of Emergency Services with the revisions proposed by the Emergency Services Council, contingent upon a review prior to January 2002 on whether to include the Communications Maintenance Department. Unanimously approved. Jason Baer, President of the WCVFRA thanked the Commissioners for taking this step and showing that they take the subject of emergency services seriously. ADOPTION OF REVISED FEE SYSTEM FOR SEDIMENT & EROSION CONTROL PLAN REVIEW Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt the revised fee system for sediment and erosion control plan review as proposed by the Soil Conservation District and Homebuilders' Association to become effective October 1, 2001. Unanimously approved. EXCESS FUNDS AVAILABLE FOR HOTEL RENTAL TAX Ben Hart, Executive Director of the Hagerstown -Washington County Convention and Visitors Bureau (CVB), appeared before the Board to request $50,000 from hotel rental tax proceeds to defray the costs associated with the Forty and Eight convention and the Junior Golf Association National Tournament. Mr. Hart explained that the CVB Board of Directors is requesting that the Commissioners consider providing any excess funds that are not committed above the budgeted amount of $510,000, for these events. The Commissioners discussed the request and explained that a number of requests have been received for these funds. Motion made by Commissioner Swartz to approve the request made by the Convention & Visitors Bureau for $50,000 from the hotel rental tax proceeds to be used for costs associated with the Forty and Eight convention and the Junior Golf Association National Tournament. Motion died for lack of a second. Motion made by Commissioner Schnebly, seconded by Iseminger, to provide $25,000 from the hotel room tax revenues to the Convention & Vistors Bureau to be used for costs associated with for the Forty and Eight convention and the Junior Golf Association National Tournament, with the provision that the CVB provide them with an outline of its future funding needs. Motion carried with Commissioners Schnebly, Iseminger, Wivell and Snook voting "AYE" and Commissioner Swartz voting "NO." JOINT PUBLIC HEARING - RZ-01-006 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened at 2:00 p.m. to hear testimony and receive evidence in text amendment RZ-01-006 to revise the definitions for truck stop and truck terminal and Board of Zoning Appeals guidance for special exceptions in the HI -1 zone. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Paula Lampton. Also present at the hearing were County Commissioners Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Planning Commission members Donald Ardinger, Tim Henry, George Anikis, Robert Ernst, and Ben Clopper were also in attendance. After presentations and public testimony were heard, it was announced that the record would remain open for ten (10) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 3:23 p.m. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in closed session at 3:27 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice, and to consult with staff about potential litigation, in accordance with Section 10-508 of the State AUGUST 21, 2001 PAGE FIVE 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 3:58 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues, consulted with counsel to obtain legal advice on one (1) matter, and consulted with staff about potential litigation on one (1) matter. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; John Martirano, Acting County Attorney; Joni Bittner, County Clerk; Alan Davis, Director of Human Resources; Bruce Poole, attorney for Gods & Generals, Inc.; Jim Sandry and Vic Heutschy representing Ted Turner Film Properties, LLC; Robert Ernst, representing Farmers & Merchants Bank; and Robert Arch, Director of Planning & Community Development. RECESS The Commissioners recessed at 3:58 p.m. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Mayor William Breichner and City Council members Lewis Metzner, Linn Hendershot, Kristin Aleshire, Penny Nigh, and Carol Moller at City Hall at 4:10 p.m. Gods & Generals - Repayment of Loan Ronald Maxwell, Director of the movie "Gods & Generals," and Bruce Poole, counsel for Mr. Maxwell, appeared before the group to formally announce that filming of the movie will begin on August 28. Mr. Maxwell stated that Ted Turner Film Properties, LLC, will take ownership of the movie after the loan to Farmers & Merchants Bank is repaid. It is estimated that it will cost $51 million to make the Civil War movie. Mr. Maxwell thanked City and County officials for entering into the guaranty agreement to back the $300,000 loan for pre -production costs. He stated that the movie would not have been made without the support and trust of the community. Commissioner Snook stated that they want to ensure that 600 of the movie is filmed in Washington County. Mr. Maxwell stated that filming will begin in Washington County in September. Mr. Maxwell then introduced Vic Heutschy, Public Relations Director for the film, who presented a brief preview of the documentary about the making of "Gods and Generals." Motion made by Commissioner Iseminger, seconded by Swartz, to enter into a Copyright Declaration and Subordination Agreement with respect to the motion picture entitled "Gods and Generals," contingent upon the repayment of the $300,000 loan to Farmers & Merchants Bank, recognizing that it shall be subject and subordinate in all respects to the Screen Actors Guild's Security Interest, with the condition that approximately 600 of the filming be done in Washington County, and that all details are resolved to the satisfaction of the County's legal staff. Unanimously approved. The City Council authorized Mayor Breichner to sign the Subordination Agreement on behalf of the City of Hagerstown. Performing & Visual Arts Center Feasibility Study Barbara Spicher and John Waltersdorf, Co -Chairs of the Performing & Visual Arts Center Steering Committee, met with the group to present the findings of the feasibility assessment study for the development of a Performing & Visual Arts Center in Hagerstown. Ms. Spicher stated that the study shows that the arts organizations involved cannot fully bear the cost of the Center and would require subsidies. She indicated that the net operating deficits is estimated to be $300,000 per year. The deficits would require private, city and county contributions until a $6 million endowment is raised. Ms. Spicher stated that the consultants feel that a unified arts center incorporating all facilities is the AUGUST 21, 2001 PAGE SIX preferred model. They also found that the best option would be for the City of Hagerstown to acquire and own all of the designated properties with a new 501(C)(3) organization formed to manage the project. Ms. Spicher informed the group that the consultants estimate the operating costs to be $630,000 with an annual subsidy of $300,000. She anticipated that $500,000 would be needed in FY 2002. The meeting was opened for questions and discussion following the presentation. Consolidated General Service Agreement Modification Greg Murray, Director of the Water & Sewer Department, and Rick Thomas, Director of the Water Pollution Control Department for the City of Hagerstown, presented proposed modifications to the Consolidated General Service Agreement. Mr. Thomas stated that they are proposing modifications that would transfer wastewater flow from the City of Hagerstown to the County. He informed the group that interconnection of existing City/County systems allows for utilization of all infrastructures to support new planned growth outside the City, thereby taking advantage of economies of sale to achieve operating efficiencies to the County and reduce operating expense to the City while deferring future capital improvements. Mr. Murray stated that the plan was approved in concept and that a Memorandum of Understanding was executed based on these concepts. He estimated additional revenue of $1.5 million for each agency over a ten-year period. He stated that the Joint City/County Committee has reviewed the verbiage to resolve the concerns of the previous Mayor and Council. The meeting was then opened for questions. After discussion, it was the consensus that the agreement should go back to the Joint City/County committee to resolve any issues before the agreement is finalized. Purchase of Shank Farm Sewer Line Mr. Thomas stated that the Joint City/County Committee is recommending that the City purchase a length of sewer line from the County to serve the proposed Shank Farm annexation. He stated that City ownership of this line would allow it to provide service at lower rates and benefit charges. Mr. Thomas reviewed a proposed contract of sale in the amount of $121,669. He stated that the County has agreed to transfer this line to the City in support of its annexation efforts. After discussion, the Commissioners agreed to transfer the sewer line contingent upon the annexation of the property into the City of Hagerstown. Martin's Crossroads Agreement Mr. Murray presented a proposed agreement to immediately transfer the assets of the Martin's Crossroads/Conococheague Service Areas Water Agreement to the City to facilitate reduce administrative efforts with single ownership and operation. He stated that it would also reduce allocation fees and the need for customers to deal with multiple agencies. Motion made by Commissioner Iseminger, seconded by Swartz, to adopt the agreement to transfer the assets of the Martin's Crossroads/Conococheague Service Areas Water Agreement contingent upon the assurance that the Maryland Department of the Environment will allow the County to transfer the debt to the City of Hagerstown and that Hagerstown Trust bank loans would be paid off by the City. Unanimously approved. It was the consensus of the Mayor and City Council to place this item on the formal agenda for approval at their next regular meeting. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Wivell, to adjourn at 5:50 p.m. Unanimously approved. County Administrator Acting County Attorney Clerk County