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March 23, 1999
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 - MARCH 16, 1999
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the
minutes of March 16, 1999, as amended. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Schnebly reported on the meeting of the Weed Control Committee
meeting and the meeting of the Historical Advisory Committee.
Commissioner Swartz reported on the Transportation Advisory Committee
meeting. He informed the Commissioners that he attended the Boys and Girls
Club celebration at Frederick Manor and spoke at a recent Ruritan Club
meeting.
Commissioner Iseminger reported on the meeting of the Board of Directors of
the Agricultural Education Center. He stated that the Board of Social
Services toured the Schoolhouse Manor site.
Commissioner Wivell informed the Commissioners that he received a call from
an official of the Washington County Junior Football League regarding the
policy of the Recreation and Parks Department not to allow temporary signs
to be placed on fences. Commissioner Snook indicated that he has asked that
the Recreation & Parks Board reconsider this policy.
Commissioner Snook stated that the Planning Department held a retirement
party for Jim Brittain last week. He informed the Commissioners that he
spoke recently to a group on Y2K issues. He asked that the media be kept
informed of the Countys Y2K Committees actions.
BUDGET WORKSHOP - CAPITAL IMPROVEMENT PROGRAM (CIP) EXPENDITURES
The Commissioners, along with Rodney Shoop, County Administrator; Debra
Bastian, Director of Finance; Robert Arch, Director of Planning & Community
Development; and Gary Rohrer, Director of Public Works, held a budget
workshop session to review the proposed Capital Improvement Program (CIP)
budget for Fiscal Years 2000-2005. Mr. Shoop stated that the Commissioners
need to address the Board of Educations request for $5 million from the CIP
budget. Mr. Arch reviewed a memorandum to the Commissioners from the CIP
Committee summarizing the major revisions to the proposed CIP budget which
have occurred since the last presentation to the Board. He stated that
several landfill projects have been advanced for funding this year including
completion of funding for the new access bridge, and funding for a cell
liner and fencing and screening. Mr. Arch asked the Commissioners to
consider the impacts on projected borrowing if the funding for the Board of
Education is increased to $5 million. He stated that with the added
projects, the projected borrowing has increased from $10 million to $12
million. Commissioner Wivell expressed strong concerns about the amount of
bond funding and that he feels some of the projects could be delayed.
The Commissioners reviewed the following projects which had been added to
the CIP budget since the last discussions. The Commissioners agreed to the
addition of $550,000 to the project for construction of the extension of
Massey Boulevard from Halfway Boulevard to the relocated Cole Road and to
the inclusion of $750,000 for a stormwater management pond at the Airport.
The Commissioners discussed the inclusion of $200,000 for construction of a
library for the Town of Clear Spring. It was the consensus of the
Commissioners to include the costs for the library along with a footnote
that a firm cost estimate and plan are needed before they will consider
final approval as well as a recommendation from the Library Board of
Trustees and the Town of Clear Spring. The Commissioners agreed to
eliminate $165,000 for construction of a new gym in Hancock and $87,000 for
amphitheater seating at Hagerstown Community College from the CIP budget and
to fund these projects with Program Open Space (POS) monies. They
recommended removing $135,000 from North County Park project and $20,000
MARCH 23, 1999
PAGE TWO
from lighting for the Agricultural Education Center from the POS annual
program. The Commissioners decided to include $250,000 for downtown
revitalization efforts, even though a specific project has not been
approved, and $35,000 for a culvert on Broadfording Road.
At this time Ms. Bastian and Mr. Arch addressed the points outlined for
discussion by Commissioner Wivell. The Commissioners discussed the
Agricultural Education Center and decided to bid the project with an
alternate for the museum portion only. The Commissioners discussed the
Board of Educations request for $5 million in CIP funds. Commissioner
Iseminger stated that he would like to see a more definitive plan from the
Board of Education for the projects to be funded and long-range projects.
It was the consensus of the Commissioners to include $3.5 million in the CIP
budget for the Board of Education at this time. Mr. Arch suggested that the
Board of Education staff work with the Planning staff in a joint effort to
design a long-range construction plan to be included in the Comprehensive
Plan. Commissioner Schnebly recommended scheduling a discussion after the
budget is approved on impact fees for schools.
CITIZENS PARTICIPATION
Yvonne Hope, President of the Historical Advisory Committee, informed the
Commissioners that they have scheduled a forum with representatives of the
Maryland Historic Trust and Historic District Commissions to be held on
Tuesday, April 13, at 7:00 p.m. at the Frostburg State University Center.
Ms. Hope also stated that the Historic Advisory Committee would like CHIEF,
owner of the Kammerer house, to make a written reply on the fate of the
Kammerer House and provide an official justification for the plan to sell
the property and demolish the house.
Rosemary Burtner expressed concerns about Johnsongrass and its effect on
agriculture in Washington County. She cited laws used in Pennsylvania to
help eradicate Johnsongrass. Ms. Burtner spoke in support of hiring a full-
time employee to work with the Weed Control Coordinator in the County.
PRESENTATION OF ANNUAL PROGRAM OPEN SPACE (POS) PROGRAM
Ronald Kidd, Director of the Recreation and Parks Department, and Ed Hess,
Vice Chairman of the Recreation & Parks Board, met with the Commissioners to
present the Fiscal Year 2000 POS budget and projects proposed for the County
and for municipalities. Commissioner Snook stated that the Commissioners
would like to have additional funding to complete the construction of the
new gymnasium in Hancock and amphitheater seating at Hagerstown Community
College included in the POS annual projects for the next fiscal year. The
Commissioners asked the Recreation & Parks Board to revisit their
recommendations and consider including those projects in the program. Mr.
Kidd stated that the County would have to own or lease the property in order
to use POS funding for the seating at the amphitheater. He indicated that
the County would have to enter into a joint use agreement with HCC. Mr.
Kidd provided information on the process used by the Board to select
projects for funding. He reviewed the budgeted amounts for the projects in
the development and acquisition programs and provided a brief description of
each project. He stated that the County is estimated to receive a total of
$500,000 in POS funding. The Commissioners discussed the proposed projects
and the selection process.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that the next
meeting of the Local Emergency Planning Committee (LEPC) will be held on
April 7 at Richardsons at 8:30 a.m. Commissioner Schnebly agreed to attend
on behalf of the Commissioners. It was decided that Commissioners Swartz
and Wivell would attend the reception at Salem Avenue Elementary School
celebrating their Blue Ribbon School designation and the rest of the
Commissioners would attend the tax setoff meeting in Sharpsburg this
evening. Mr. Shoop reminded the Commissioners of the budget workshop which
is scheduled for March 25 from 4:30 - 7:30 p.m.
CHANGE ORDER - LOCAL MANAGEMENT BOARD
Motion made by Commissioner Wivell, seconded by Swartz, to approve a change
for the Local Management Board to consolidate purchase orders in the amount
of $31,987 for administrative purposes in diversion residential services
provided by the Association for Retarded Citizens. Unanimously approved.
REAPPOINTMENTS - AGRICULTURAL EDUCATION CENTER BOARD OF DIRECTORS
Motion made by Swartz, seconded by Schnebly, to reappoint Ben Clopper,
MARCH 23, 1999
PAGE THREE
Jeffrey Poffenberger, John Staub, Frank Newcomer, and Robbie Shaw to the
Board of Directors of the Agricultural Education Center for three-year
terms. Unanimously approved.
LUNCH AND TOUR - HIGHWAY DEPARTMENT
The Commissioners recessed at 11:47 a.m. for lunch and tour of the Highway
Department.
AFTERNOON SESSION
The afternoon session was called to order at 1:37 p.m. by President Gregory
I. Snook, with the following members present: Vice President Paul L. Swartz,
Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J.
Wivell.
PRESENTATION - FLOOD BUYOUT OF PROPERTIES IN HANCOCK
Daniel Murphy, Mayor of Hancock, and Lou Close, Town Manager, met with the
Commissioners to request the Countys participation with the Town of Hancock
to buy out six properties located in the flood area on West Main Street in
Hancock. Mr. Close explained that the Federal Emergency Management
Administration (FEMA) has approximately $164,000 available for acquisition
of properties in flood areas and will fund 75 percent of the project. He
asked that if the Maryland Emergency Managemen Administration (MEMA) would
provide 12 percent of the remaining cost, the Town and County would each
provide 6 1/4 percent of the cost. He stated that the County share would be
approximately $15,000 - $29,000. Mr. Close provided information and the
estimated cost of purchasing the six properties. He stated that the land
would then be developed as a park to complement the Rails to Trails program.
Commissioner Snook expressed concern that this might set a precedent. Mr.
Shoop stated that there may be a way to limit the Countys exposure by
requiring that FEMA, MEMA, and local funding be required before the County
would provide funding. The Commissioners also asked Mr. Close to assure
that these properties are not historic before they proceed.
Motion made by Commissioner Swartz, seconded by Schnebly, to approve the
request to provide 6 1/4 percent of the funding needed to participate in the
FEMA buy out program for purchase of six properties located in the flood
zone in the Town of Hancock in the FY 2000 Capital Improvement Program
budget after investigating whether Program Open Space funding could be used
for the project. Motion carried with Commissioners, Swartz, Schnebly, and
Iseminger voting AYE and Commissioners Snook and Wivell voting NO.
VETERANS MEMORIAL WALL - MARTY SNOOK PARK
Ray Linebaugh and James Sprecher, representing the Joint Veterans Council,
met with the Commissioners to provide an update on the construction of the
veterans memorial wall at Marty Snook Park. Mr. Linebaugh stated that the
wall is approximately 50% complete. The outstanding invoices on the wall
total approximately $10,000. Mr. Sprecher requested funding to defray the
existing costs of construction. He also asked that the Parks Department be
permitted to help install the railings which could also save them a
significant amount in installation costs. The Commissioners took their
requests under consideration and urged the Joint Veterans Council to
continue their fund-raising efforts. Commissioner Snook presented Mr.
Sprecher with a personal check for the Memorial Wall fund from his family.
Commissioner Swartz also suggested that the group reapply to the Gaming
Commission for funding. Commissioner Wivell offered his support for any
fund-raising efforts. The Commissioners requested an update on what
materials are needed for completion of the wall. Mr. Sprecher thanked
Commissioner Snook for his generous donation of $5,000.
LEASE OF SPACE - SHARPSBURG WATER TOWER
Motion made by Wivell, seconded by Iseminger, to approve the lease with APC
Realty and Equipment Co., LLC to allow them to place nine antennas on the
Sharpsburg water tower for a rent of $14,400 for the first year which will
increase by 4% per year thereafter, compounded. The lease may be renewed
every five years for up to 25 years. Unanimously approved.
REQUEST FOR LIGHTING - SENIOR LEAGUE BASEBALL FIELD
Commissioner Swartz asked about the status of the request for lighting at
the Senior League baseball field at the Marty Snook Park. Mr. Shoop
explained that the Recreation & Parks Board has not made a recommendation on
the request. He reported to Commissioner Swartz that the Fort Ritchie
MARCH 23, 1999
PAGE FOUR
property is still owned by the U.S. Army and the lighting at that facility
cannot be removed.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Swartz, seconded by Schnebly, to convene in
closed session at 2:24 p.m. to discuss personnel issues, 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 Swartz, seconded by Schnebly, to reconvene in
open session at 3:48 p.m. Unanimously approved.
In closed session, the Commissioners discussed one (1) personnel issue, 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
one (1) issue. 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 times were Rodney Shoop, County
Administrator; Richard Douglas, County Attorney; Beth Evans, Assistant
County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public
Works; Robert Arch, Director of Planning & Community Development; Alan
Davis, Director of Human Resources; Karen Luther, Purchasing Agent; and
Robert Rockwell, Richard Sampson and Jonathan Topazian representing Semmes,
Bowen and Semmes.
MEMORANDUM OF UNDERSTANDING - JOHN KAIN
Motion made by Commissioner Iseminger, seconded by Swartz, to approve the
memorandum of understanding with John Kain, Groundskeeper at Black Rock Golf
Course which outlines the terms and conditions of his employment.
Unanimously approved.
RECESS
The Commissioners recessed at 3:48 p.m.
EVENING SESSION - TAX SETOFF PROGRAM - TOWN OF SHARPSBURG
The evening session was called to order at 7:00 p.m. at the Sharpsburg Town
Hall by President Gregory I. Snook, with the following Commissioners
present: Bertrand L. Iseminger, Jr. and John Schnebly. George Kesler, Mayor
of Sharpsburg and Councilmembers George Hammond, Denise Troxell, Patti
Hammond, Sidney Gale, Hal Spielman, and Russell Weaver.
TAX REBATE PROGRAM - SHARPSBURG
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. Commissioner Snook stated that for Fiscal Year 2000 Sharpsburg is
estimated to receive $4,427. However, the money for the municipality is
applied toward the cost of a County deputy for 30 hours per week.
Also discussed was the possible establishment of heritage areas and the
concerns of the Town Council.
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Schnebly, to adjourn at
8:00 p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk