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March 16, 1999
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 Paul L. Swartz,
and Commissioners Bertrand L. Iseminger, Jr., and John L. Schnebly.
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 - MARCH 8, 9, & 10, 1999
Motion made by Commissioner Schnebly, seconded by Swartz, to approve the
minutes of March 8, 9 and 10, 1999, as amended. Unanimously approved.
PROCLAMATION - TALL CEDAR OF LEBANON WEEK
Commissioner Schnebly presented a proclamation to Walt Shepherd, Grand Tall
Cedar of the Hagerstown Forest, naming the week of March 14-29, 1999, as
Tall Cedars of Lebanon Week and commending this observance to all citizens.
Mr. Shepherd thanked the Commissioners for the proclamation and distributed
roses. which are used to raise funds for the Muscular Dystrophy Association,
to the Commissioners.
PROCLAMATION - NATIONAL JUNIOR COLLEGE WOMENS BASKETBALL TOURNAMENT DAYS
Commissioner Swartz read and presented a proclamation to Maryls Palmer,
coach of the Hagerstown Community College womens basketball team,
designating the week of March 17-20, 1999 as National Junior College Womens
Basketball Tournament Days and encouraging citizens to attend and enjoy this
sporting event. Commissioner Swartz stated that HCC will be hosting the
tournament for the top 12 NJCAA teams in Region II. He congratulated the
team for qualifying for the tournament. Ms. Palmer thanked the
Commissioners for the proclamation and stated that she is very proud of her
team. She promised that they will give it their all on the basketball
court.
REQUEST FOR USE OF COUNTY COMMUTER BUS AND CONTINGENCY FUND APPROVAL
Motion made by Commissioner Iseminger, seconded by Swartz, to approve a
request from the local chapter of the Mason-Dixon Council of sthe Boy Scouts
to furnish a County Commuter bus to provide transportation during a jamouree
to be held at the Hagerstown Regional Airport and to fund the cost of
$325.00 for this from the Contingency Fund. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that the
State will be constructing a new juvenile detention center to replace the
facility owned by the County on Jonathan Street. He stated that he has been
informed that there has been some interest in the community in purchasing
the building from the County when the new center is completed.
ADOPTION OF PROPOSED 1999 GOALS
The Commissioners reviewed the goals for 1999 with revisions made at last
weeks meeting.
Motion made by Swartz, seconded by Schnebly, to adopt the following goals
for 1999: 1) Purchase and implement an integrated financial management
system by 12/31/99; 2) Pursue establishment of University Systems of
Maryland Quad-State Campus; 3) Evaluate alternatives to fund the Capital
Improvements Program; 4) Develop a draft Comprehensive Plan by 12/31/99; 5)
5) Develop a plan for Fort Ritchie infrastructure; 6)Strengthen
intergovernmental partnerships by promoting consolidation efficiencies,
cooperation in water and sewer services and annexation; 7) Financially
support the City of Hagerstowns downtown revitalization initiatives;
8)Submit justification to FAA for extension of Runway 09/27 by 12/31/99; and
9) Develop financial targets. Unanimously approved
COMMISSIONERS REPORTS AND COMMENTS
Commissiner Iseminger reported on the Housing Authority meeting. He
suggested that the Commissioners send a letter of appreciation to the Towns
of Hancock and Clear Spring for helping travellers who were stranded during
the recent snowstorm.
Commissioner Schnebly informed the Commissioners that the joint City/County
committee on water and sewer issues is prepared to discuss accelerating the
Sharpsburg Pike project. He also reported on the Economic Development
Commission (EDC) meeting and upcoming events being sponsored by the EDC.
MARCH 16, 1999
PAGE TWO
Commissioner Swartz reported that he met with several constituents regarding
their concerns. He stated that the stadium committee feels they have a plan
in place to present. Commissioner Swartz thanked everyone for their prayers
during his recent heart catheterization. He stated that he is scheduled to
have an angioplasty later this week.
Commissioner Snook expressed his appreciation for the fine job done by the
Highway Department during the recent snow storm. He informed the
Commissioners that the Economic Development Commission received 526
responses on the survey regarding the Uninversity of Maryland Systems campus
and they are compiling the data at this time. Commissioner Snook informed
the Commissioners that the Department of Social Services will be holding its
employee recognition day on March 17. He stated that he received
notification from the Governors office that the Kemps Mill softball field
project will receive $45,000 in Program Open Space funding. He also
distributed a letter from Governor Glendening informing them of the
appointment of David Iseminger as student representative to the State Board
of Education.
BUDGET WORKSHOP - GENERAL FUND EXPENDITURES
The Commissioners, along with Rodney Shoop, County Administrator; Debra
Bastian, Director of Finance; and Kim Edlund, Assistant Director of Finance,
held a budget workshop session to review the Fiscal Year 2000 proposed
General Fund budget requests - expenditures. Mr. Shoop reviewed the budget
requests and the recommended budget for each department. Ms. Bastian
provided additional explanations on the budgets which are over or under the
current year budget by four percent and $5,000. Commissioner Iseminger
asked to see information on the detention center, its capacity, additonal
slots, and income received from contracting for out-of-County prisoners.
Also discussed were possible sources of funding for fire and rescue budgets.
Mr. Shoop stated that he feels the County needs to find some way to address
the need for additional funding for fire and rescue. Commissioner Schnebly
indicated that the volunteer companies need to develop a uniform billing
policy which will take advantage of the provisions contained in most
homeowners policies. They agreed to wait until the revised emergency
services study is received to continue discussions on this subject. The
Commissioners suspended their budget discussions at 10:30 a.m. in order to
hold citizens participation.
CITIZENS PARTICIPATION
John Himes stated that there is a need for an additional patrol deputy to be
assigned to the southern section of the County because of the length of time
it takes them to respond to calls. He also expressed concern about school
bus safety. Commissioner Snook stated that he has spoken to Sheriff Mades
regarding this situation, and the Sheriff has assured him that any deputies
in the Boonsboro area respond to calls in the southern part of the County.
He told Mr. Himes that he will talk to Superintendent Bartlett about the
school bus problems at Routes 67 and 340.
Bob Maginnis asked the Commissioners why there were no goals in regard to
fire and rescue issues listed on the Countys goals for 1999. Commissioner
Snook stated the emergency services study was included in last years goals.
The consultant was asked to go back and revisit the study and the County
has not received the revisions. Commissioner Iseminger informed Mr.
Maginnis that the Commissioners met with the Fire & Rescue Association a few
weeks ago and issues are being addressed that are not specifically listed on
the goals.
BUDGET WORKSHOP - CONTINUED
The Commissioners continued discussions on the budget. Ms. Bastian reviewed
the funding proposed for non profit agendies. The Commissioners also
discussed increasing funding to the Washington County Free Library.
RECESS - LUNCH & TOUR OF COUNTY COMMUTER
The Commissioners recessed at 11:55 a.m. to attend a luncheon and tour of
the Transportation Department.
AFTERNOON SESSION
The afternoon session was called to order at 1:31 p.m. by President Gregory
I. Snook, with the following members present: Vice President Paul L. Swartz,
Commissioners Bertrand L. Iseminger and John L. Schnebly.
MARCH 16, 1999
PAGE THREE
NATIONAL HISTORIC REGISTER NOMINATIONS - KAMMERER HOUSE & PIPER HOUSE
Stephen Goodrich, Senior Planner, met with the Commissioners to present two
applications for nomination to the National Register of Historic Places.
Mr. Goodrich reviewed the applications for the Kammerer House and the Piper
House and the criteria which each property meets under the National
Registers qualifications for nomination. Mr. Goodrich then reviewed the
criteria for eligibility on the National Register. He stated that
Washington County, as a Certified Local Government, can recommend properties
for nomination. Both applications have been endorsed by the Historic
District Commission. Merle Elliott, representing CHIEF which owns the
Kammerer House, stated that a decision is expected from Citicorp in the near
future regarding the Countys proposal to lease the Kammerer House to the
Historical Society. The Commissioners discussed each of the applications.
Motion made by Commissioner Swartz, seconded by Schnebly, to submit the
application to the Maryland Historical Trust nominating the Johann Ludwig
Kammerer House for listing on the National Register of Historic Places, as
recommended by the Historic District Commission. Unanimously approved.
Motion made by Commissioner Swartz, seconded by Schnebly, to submit the
application to the Maryland Historical Trust nominating the Piper House for
for listing on the National Register of Historic Places, as recommended by
the Historic District Commission. Unanimously approved.
AGRICULTURAL TRANSFER TAX COMMITMENT
Robert Arch, Director of Planning & Community Development, appeared before
the Commissioners to request their approval to increase the Countys
commitment to the Agricultural Preservation Easement Program (60/40 match
component). Mr. Arch explained that the County now has more than $675,000
in the agricultural transfer tax fund due to the sale of several large
properties. Mr. Arch stated that $590,000 of the funds are uncommitted and
could be used for easement purchase. If these funds were added to the
Countys current match of $350,000, they would yield $1,375,000 for easement
purchases when matched with the States 60 percent match of the funding.
Commissioner Iseminger stated that it is important to get the full $1
million match from the State for agricultural easements and recommended that
the County furnish the 40 percent match needed to obtain the State funds.
The Commissioners agreed that general fund monies of up to $50,000 could be
used to meet the $640,000 match if it is not received through agricultural
transfer tax monies. Commissioner Snook requested additional information on
the prior commitments for purchase of agricultural easements and the length
of time remaining on these commitments.
Motion made by Iseminger, seconded by Swartz, to commit $666,666.66 to the
States 60/40 match component of the States Agricultural Preservation
Easement Purchase Program for Fiscal Year 1999 to allow the County to
maximize the full $1 million in State funding, by dedicating agricultural
transfer tax funds and supplementing this amount with general funds monies
if necessary. Unanimously approved.
APPOINTMENTS - FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD
Motion made by Schnebly, seconded by Iseminger, to approve the following
appointments to the Fire & Rescue Communications Advisory Board for three-
year terms: Jeffrey Ringer; Leonard Heller, Chris Amos, Wayne Williams,
Warren Bo Miller, David Knight, Gail Cookie McDowell and William
Shawley. Unanimously approved.
APPOINTMENT - PLUMBING BOARD
Motion made by Schnebly, seconded by iseminger, to appoint G. Clair Baker,
Jr. to the Washington County Plumbing Board to fill the unexpired term of
Wallace Giffin and to terminate the appointment of Mr. Giffin due to his
lack of attendance. Unanmously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in
closed session at 2:08 p.m. to consult with counsel to obtain legal advice
and to consider 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 Schnebly, seconded by Iseminger, to reconvene in
open session at 3:27 p.m. Unanimously approved.
MARCH 16, 1999
PAGE FOUR
In closed session, the Commissioners considered one (1) proposal for a
business or industrial organization to locate, expand, or remain in the
State,and consulted with counsel to obtain legal advice on three (3) issues.
Present during closed session were Commissioners Gregory I. Snook, Paul L.
Swartz, Bertrand L. Iseminger, Jr., and John L. Schnebly. Also present were
Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Joni
Bittner, County Clerk; Robert Arch, Director of Planning & Community
Development; Gary Rohrer, Director of Public Works; Terry McGee, Chief
Engineer; Chris Bell and Brian Hekemian, Greencastle Development Company,
and Mike Shifler, Fox & Associates.
RESOLUTION DESIGNATING THE WASHINGTON COUNTY HEALTH DEPARTMENT UNDER SECTION
9.3.1 AS THE AGENCY TO ENFORCE THE BAN ON OPEN BURNING UNDER SECTION 2.3.1
OF THE ORDINANCE TO PROVIDE FOR SOLID WASTE COLLECTION LICENSING IN
WASHINGTON COUNTY, MARYLAND
Richard Douglas, County Attorney, asked the Commissioners to adopt an
amended resolution designating the Health Department under Section 9.3.1 as
the agency specifically designated to enforce the ban on open burning in the
Ordinance to Provide for Solid Waste Collection Licensing. He stated that
the amended resolution will rescind and replace the similar resolution
adopted last week which was in error.
Motion made by Iseminger, seconded by Schnebly, to adopt the amended
resolution designating the Washington County Health Department under Section
9.3.1 as the agency to enforce the ban on open burning under Section 2.3.10
of the Ordinance to Provide for Solid Waste Collection Licensing in
Washington County, Maryland. Unanimously approved.
AGREEMENT WITH FORMER DEPUTY WILLIAM BLAIR FOR CARE OF FORMER POLICE DOGS
Motion made by Commissioner Swartz, seconded by Iseminger, to approve an
agreement by and between the Board of County Commissioners, the Sheriff of
Washington County, and former deputy William C. Blair to release two police
dogs, Samantha and Iwan, which have been removed from police work to Blairs
personal care under the terms and conditions outllined in the agreement.
Unanimousl approved.
RESOLUTION - EASEMENT EXCHANGE AGREEMENT - PHOENIX COLOR CORPORATION
Richard Douglas reviewed an agreement to exchange certain parcels of land
near the Regional Airport Phoenix Realty, LLC and Phoenix Color Corporation.
Motion made by Swartz, seconded by Schnebly, to approve an agreement to
convey to Phoenix (MD) Realty, LLC, an affiliate of Phoenix Color
Corporation, a parcel of property consisting of approximately 26.6566 acres
in exchange for an agreement to convey to the County a parcel of property
consisting of 15.8 acres with Phoenix to pay the County the sum of $152,500
in addition to the parcel conveyed. Unanimously approved.
RECESS
The Commissioners recessed at 3:40 p.m. in order to attend the joint monthly
meeting with the Hagerstown Mayor and City Council at City Hall
JOINT MEETING WITH CITY OF HAGERSTOWN
The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council
members Al Boyer, Susan Saum-Wicklein, and Wallace McClure, at City Hall at
4:00 p.m.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in
closed session at 4:05 p.m. to consider 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 Schnebly, seconded by Iseminger, to reconvene in
open session at 4:30 p.m. Unanimously approved.
In closed session, the Commissioners considered one (1) proposal for a
business or industrial organization to locate, expand, or remain in the
State. Present during closed session were Commissioners Gregory I. Snook,
Paul L. Swartz, Bertrand L. Iseminger, Jr., and John L. Schnebly. Also
present were Rodney Shoop, County Administrator; Richard Douglas, County
Attorney; Joni Bittner, County Clerk; Robert Arch, Director
MARCH 16, 1999
PAGE FIVE
of Planning & Community Development; Mayor Robert Bruchey, II, and
Hagerstown City Council Members Al Boyer, Susan Saum-Wicklein, and Wallace
McClure; John Urner, City Attorney; Richard Kautz, City Planner; Alfred
Martin, Director of Finance; Bruce Zimmerman, City Administrator; Brenda
Donovan, Acting City Clerk; Irvin Gish, the Bowman Group, and Thomas
Gearhart, Hagerstown Trust Company.
Arts and Entertainment District Plan for Downtown Hagerstown
James Pierne, Chair of the Arts & Entertainment District Subcommittee, made
a brief presentation regarding establishment of an Arts and Entertainment
District in downtown Hagerstown. Mr. Pierne stated that the goal of the A&E
District is to foster continued concentration on cultural, dining,
educational and entertainment enterprises in downtown Hagerstown. He
explained that the plan focuses on both long-term and short-term development
strategies and reviewed the conceptual plan for both stragegies. Mr. Pierne
reviewed the strengths of the downtown area and also the challenges
associated with establishing an A&E District. He also provided
recommendations for a short-term funding plan for the concept utilizing both
private and public funding. Robert Arch, Director of Planning & Community
Development, stated that there may be funding through the Appalachian
Regional Commission (ARC) for grant funding for the project. The meeting
was then opened for questions and discussion. The Commissioners and
Councilmembers discussed what they feel is important for the area. They
indicated that housing issues need to be addressed, as well as secure, well-
lighted parking areas and infrastructure. Merle Elliott, President of the
Hagerstown-Washington County Industrial Foundation, asked the Commissioners
to approve the concept of the Arts and Entertainment District. Mayor
Bruchey thanked all of the members in attendance for serving on the
Committee.
Motion made by Commissioner Iseminger, seconded by Schnebly, approve in
concept the plan for the Arts & Entertainment District as presented and to
authorize staff to proceed with the submission of a grant request to the
Appalachian Regional Commission in the amount of $25,000. Unanimously
approved.
Gods and Generals - Discussion
Robert Ernst, Farmers & Merchants (F&M) Bank, provided an update on the
status of the financing of pre-production and screenplay costs for the film
Gods and Generals. He stated that the line of credit is now fully
extended and the interest-only loan matures at the end of March. The City
and County hold a security interest in the film to assure repayment of the
loan and that the movie will be made substantially in Washington County. Mr.
Ernst indicated that he has spoken to Ronald Maxwell and Jeff Shaara of
Antietam Filmworks and they have not yet obtained financing for the film.
He stated that they would like to have additional time to meet that goal.
After discussion, it was the consensus of the group to request a status
report to include information on the timeline of the film, financing status,
and the anticipated date of delivery of the screenplay from Mr. Maxwell
before taking formal action to extend the line of credit. Mr. Urner
provided information on options available to them regarding the loan.
Complete Count Committee - Census 2000
Norman Bassett and Karen Giffin, Public Information Officers for Washington
County and the City of Hagestown respectively, met with the group to provide
an update on Census 2000. Ms. Giffin stated that the Complete Count
Committee is being formed with Commissioner Paul Swartz as its chair. Ms.
Giffin indicated that the Census Bureau is asking for assistance with the
following items: - identifying a Census 2000 coordinator to promote and
encourage participation in Census 2000; correcting maps and address lists;
recruiting workers, placing questionnairs in vital locations, organizing
promotional events; and providing space for testing and training census
employees. She indicated that the Complete Count Committee will help with
this request and asked the Commissioners and Mayor and Council to provide
names of individuals who may be interested in serving on the committee.
Tax Set off Meeting
Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-
Property Article of the Annotated Code of Maryland, the Commissioners are
required to meet with each municipality annually to discuss the tax setoff
program. He then reviewed calculations for the services included in the
program - parks, highways, and police. Commissioner Snook stated that for
Fiscal Year 1999 the City is estimated to receive $856,511. Commissioner
Iseminger stated that the joint City/County committee discussing possible
MARCH 16, 1999
PAGE SIX
revisions to the tax set off has been meeting and will return with
recommendations.
Joint City/County Task Force on Water and Sewer Issues
Commissioner Schnebly reported that the joint City/County task force on
water and sewer issues is recommending proceeding with the Sharpsburg Pike
project. He stated that the Department of the Environment may provide the
necessary funding.
RECESS
The Commissioners recessed at 5:55 p.m.
EVENING SESSION - TAX SETOFF PROGRAM - TOWN OF CLEAR SPRING
The evening session was called to order at 7:00 p.m. at the Clear Spring
Town Hall by President Gregory I. Snook, with the following Commissioners
present: Vice President Paul L. Swartz, and Commissioners Bertrand L.
Iseminger, Jr. and John Schnebly. Also in attendance were Mayor Paul Hose
and Vice Mayor Julianna Albowicz.
Tax Setoff Program
Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-
Property Article of the Annotated Code of Maryland, the Commissioners are
required to meet with each municipality annually to discuss the tax setoff
program. He then reviewed calculations for the services included in the
program - parks, highways, and police. Commissioner Snook stated that the
Town of Clear Spring will receive the minimum payment of $2,000. He
reminded the Mayor and Council of the importance of getting an accurate
count in the upcoming census.
Isabelle Stottlemyer presented a petition to the Commissioners requesting
that the Commissioners support funding for a library in Clear Spring.
Numerous citizens spoke in support for funding to establish a library.
Richard Willson, Director of Housing & Community Development, reviewed the
history of the proposed senior citizens housing project in Clear Spring. He
stated that the study has been completed and numerous sites have been
considered for the project over the years. Several citizens of the Town
spoke to the Commissioners regarding the need for the project.
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at
8:45 p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk