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May 11, 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.
EARTH DAY POSTER CONTEST WINNERS - PRESENTATIONS
John Shank, II, Chairman of the Washington County Soil Conservation District
Board, and Joni Kline, District Secretary, appeared before the Commissioners
to present the Earth Day Poster Contest winners with their prizes. Mr.
Shank stated that each of the first place winners will receive a $75 savings
bond and each of the second place winners will receive a $50 savings bond.
Ms. Kline informed the Commissioners that the theme for this year was In
the Childrens Hands. Mr. Shank then introduced the first and second place
winners and displayed their art work for the following categories: K-1st
Grade - 1st - Kacey Hughes, 2nd - Lauren Marriner; 2nd-3rd Grade - 1st -
Leah Beachley, 2nd - Elisabeth Cunningham; 4th-6th Grade - 1st - Katie
Gonder, 2nd - Allie Snyder; 7th-9th Grade - 1st - Jessica Gonder, 2nd -
Jennifer Thompson; 10th-12th Grade - 1st - Katie Benisek, 2nd - Stephanie
Haines. The Commissioners thanked the Soil Conservation Service for its
efforts and congratulated the winners and wished them good luck in the State
competition.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that Casual
Day for April raised $447.25 for the Multiple Sclerosis Society. He also
stated that Jayci Duncan, who is employed as a law clerk for the Circuit
Court judges and formerly served as an intern and then as a law clerk in the
County Attorneys office will be working on a part-time basis until Richard
Douglas, County Attorney, returns to work, in view of the vacant position of
Assistant County Attorney.
APPOINTMENT - MENTAL HEALTH AUTHORITY
Motion made by Swartz, seconded by Schnebly, to appoint Lu Marletta to the
Mental Health Authority for a three-year term. Unanimously approved.
APPOINTMENT - ADVISORY COMMISSION TO THE BOARD OF HEALTH
Motion made by Swartz, seconded by Schnebly, to appoint Dr. Daniel Sprecher
to the Advisory Commission to the Board of Health to fill the unexpired term
of Sidney Machat which extends to November 1, 2001. Unanimously approved.
REAPPOINTMENT - BOARD OF ZONING APPEALS
Motion made by Swartz, seconded by Schnebly, to reappoint Robert C, Veil,
Jr., Esq. to the Board of Zoning Appeals for a three-year term. Unanimously
approved.
ADEQUATE PUBLIC FACILITIES ORDINANCE(APFO) UPDATE
Robert Arch, Planning Director, presented a six-month report on the Adequate
Public Facilities Ordinance (APFO) as required by Article XI of the
Ordinance. Mr. Arch indicated that the Planning Commission made a finding
that there is a need to retain the APFO. Mr. Arch reviewed the activity for
the period July 1, 1998 to December 31, 1998. He noted that 160 lots were
approved during this reporting period, with 69 lots qualifying for school
exemptions. All of the lots qualifying for exemptions were located within
the urban growth area or town growth areas. Mr. Arch also reviewed the
school capacity ratings and the enrollment figures for the schools. The
Commissioners discussed the report and requested that Mr. Arch send copy of
it to the elected Board of Education. Commissioner Snook asked that the
Planning Commission discuss any changes they feel should be made to the APFO
and make a recommendation to the Commissioners.
Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt the
Adequate Public Facilities Ordinance Report for the period July 1 - January
1, 1999, to include and to approve the extension of the Adequate Public
Facilities Ordinance for a one-year period. Unanimously approved.
CLEAR SPRING LIBRARY SITE
Gary Rohrer, Director of Public Works, and Robert Arch, Director of Planning
& Community Development, met with the Commissioners to present information
on proposed sites for construction of a library in Clear Spring. Mr. Rohrer
MAY 11, 1999
PAGE TWO
reviewed a map of the area. He stated that the recommended location is
across from the Clear Spring Elementary School property owned by the Board
of Education. Mr. Rohrer indicated that Mary Baykan, Director of the
Washington County Free Library, provided an estimate of $33,000 for
furnishing the branch. Commissioner Snook stated that the goal of the
meeting in Clear Spring this afternoon is to choose the site. Mr. Rohrer
informed the Commissioners that they hope to go to construction on this
project next spring. Commissioner Snook stated that an application for
funding will be submitted to the Leonard P. Snyder Fund, Inc. (the Snyder
Fund) by June 1.
WATER & SEWER PLAN AMENDMENT WS-98-001
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve a
recommendation made by the Planning Commission to adopt amendment WS-98-001
to the Water & Sewerage Plan which was submitted by the City of Hagerstown
to serve the proposed Centre at Hagerstown, as heard at the public hearing
on January 11, 1999. Unanimously approved.
PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS
The Commissioners convened a public hearing to consider applications AD-99-
01, AD-99-02, and AD-99-03 for the establishment of agricultural land
preservation districts. Eric Seifarth, Farmland Preservation Planner,
reviewed the applications. He stated that they have been approved by the
Agricultural Land Preservation Advisory Board and that the Planning
Commission has found that granting the applications would be consistent with
the Comprehensive Plan. Mr. Seifarth stated that Mr. Stitzel is applying
for a five-year agricultural district to allow him to be eligible for
easement sale. Mr. Stitzel will not receive a property tax credit for the
five-year district. No one present elected to speak in favor of or in
opposition to the applications.
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve
application AD-99-01, submitted by Lawrence B. Izer, for establishment of a
10-year agricultural land preservation district as presented for three
sections totaling 148 acres. Unanimously approved.
Motion made by Schnebly, seconded by Iseminger, to approve application AD-
99-02, submitted by Paul F. Stitzel, for the establishment of a five-year
agricultural land preservation district as presented. Unanimously approved.
Motion made by Commissioner Swartz, seconded by Schnebly, to approve
application AD-99-03, submitted by Carl W. Stumpf, for establishment of a
10-year agricultural land preservation district for 115.85 acres as
presented. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Iseminger reported on the meeting of the Advisory Commission to
the Board of Health meeting. He also reported on the Volunteer Appreciation
Banquet which was held at the Agricultural Education Center.
Commissioner Swartz informed the Commissioners that he attended the United
Way breakfast, the Hagerstown Community College Athletic banquet, the
B.P.O.E. Teen Awards presentation, the annual Homemakers banquet, and the
Childrens Council Youth Meritorious Awards banquet. He reported on the
Recreation & Parks Board meeting. Commissioner Swartz stated that they
discussed the policy of the Recreation & Parks Board regarding temporary
advertising at County parks and decided not to amend the policy to allow
advertising. He stated that the Commissioners may want to discuss this in
more detail. Commissioner Swartz informed the Commissioners that the
Complete Count Committee on Census 2000 held its first meeting last week.
He also reported the Governors Committee on Volunteerism accepted his
nominations of Linn Hendershot and Ronald Phillips for awards.
Temporary Advertising Policy
At this time the Commissioners continued discussions on the Recreation &
Parks Boards policy on temporary advertising. It was the consensus of the
group to direct that the Recreation & Parks Board develop a policy to allow
temporary advertising.
Motion made by Commissioner Swartz, seconded by Schnebly, to direct the
Recreation & Parks to develop a policy to permit temporary advertising in
County parks by league sponsors. Unanimously approved.
MAY 11, 1999
PAGE THREE
Commissioner Schnebly reported on the Goodwill awards dinner. He also
informed the Commissioners that the joint City/County Water and Sewer
Subcommittee is reconvening to discuss additional issues.
Commissioner Snook distributed information on the Board of Educations
request for third-quarter budget category adjustments which will be
discussed at the next meeting with the Board. The Commissioners indicated
that they wished to discuss this with the Board in more detail. They also
questioned whether this would increase the maintenance of effort payment for
next year.
CITIZENS PARTICIPATION
Charlie Shindle stated that he was glad to hear the Commissioners
discussion regarding the policy on temporary advertising in County parks.
He stated that they will need to develop specifications for the types of
signs to be allowed. He informed the Commissioners that electricians put a
great deal of volunteer time into the lighting at the Junior Football League
field at Marty Snook Park and were told that they could not put up a sign
recognizing that the time was donated.
John Budesky, Director of the Office of Children, Youth, and Families and
Kathy Hall, a member of the Local Management Board (LMB), met with the
Commissioners to inform them that the LMB wishes to amend its bylaws to
allow designees to serve on behalf of the agencies which are afforded
representation on the LMB. He stated that this will allow an additional
representative to act on behalf of the board member. He stated that changes
have also been implemented for attendance and participation and will be
presented to Commissioners for their consideration. Mr. Budesky also
answered questions from the Commissioners on the process used to submit
nominations to serve as the chair of the LMB.
APPOINTMENT OF CHAIRPERSON - LOCAL MANAGEMENT BOARD
Motion made by commissioner Iseminger, seconded by Swartz, to appoint Kathy
Hall as the chairperson of the Local Management Board for a one-year period.
Unanimously approved.
MARYLAND ENVIRONMENTAL SERVICE PRESENTATION
James Peck, Director of the Maryland Environmental Service (MES), and Lee
Zeni, MES Business Development, met with the Commissioners to brief the
Commissioners on the duties and history of the MES. He stated that MES is a
self-supporting public agency which is required by law to protect the
environment. He explained that MES can be hired on a fee-for-service basis
to plan, finance, construct and operate many different types of
environmental facilities, provided that MES is not allowed to participate in
competitive bidding against contractors in the private sector. Mr. Peck
noted that they currently provide water and wastewater services to several
private, municipal, and state facilities in Washington County. MES can also
assist local governments in stormwater management, building and operating
solid waste landfills, operating recycling facilities, and marketing
recycling materials. He stated that their service to local government has
increased dramatically and provided examples of how their services are used
in Washington County. At this time the meeting was opened for questions
from the Commissioners.
RECESS - LUNCHEON & TOUR OF COMMUNITY RESCUE SERVICE
The Commissioners recessed at 11:48 a.m. to attend a luncheon and tour of
the Community Rescue Service facility
AFTERNOON SESSION
The afternoon session was called to order at 1:45 p.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.
TERMINATION OF AGREEMENTS - HAGERSTOWN REGIONAL AIRPORT
Motion made by Commissioner Swartz, seconded by Schnebly, to approve the
termination of agreements of June 2, 1981 (hangar agreement), June 29,
1982 (tank agreement), and June 29,1988 (hangar addendum) between
Washington County and Grove Worldwide U.S., LLC, effective May 15, 1999.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in
closed session at 1:48 p.m. to consider a proposal for a business or
MAY 11, 1999
PAGE FOUR
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 Iseminger, seconded by Schnebly, to reconvene in
open session at 2:52 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) matters involving a
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 at times were Rodney Shoop, County Administrator;
Joni Bittner, County Clerk; Gregory Murray, Director of the Water & Sewer
Department; Greg Larsen, CIPF Marketing Director; Robert Arch, Director of
Planning & Community Development; Timothy Troxell, Assistant Director of the
Economic Development Commission (EDC); and Tom Riford, EDC Marketing
Specialist.
JOINT MEETING WITH BOARD OF EDUCATION - HICKORY ELEMENTARY SCHOOL
The Commissioners met with the Board of Education at Hickory Elementary
School at 3:15 p.m. The following members of the Board of Education were
present: Edwin Hayes, B. Marie Byers, Dori Nipps, Mary Wilfong, Herbert
Hardin, Andrew Humpheys, and Paul Bailey. Staff members present were Dr.
Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of
Facilities Management; Teresa Flak, Assistant Superintendent; William
McKinley, Executive Director of Support Services; and Christian South,
Director of Budget & Finance.
Commissioner Wivell arrived at the meeting at 3:25 p.m.
Performance - Math Magicians
The Math Magicians, five students from Salem Avenue Elementary School,
performed an opening exercise prior to the meeting.
FY 1999 Third Quarter Budget Adjustments
Dr. Herman Bartlett and Chris South explained the source of the unexpected
revenues they have found in the FY 1999 fiscal year budget. Mr. South
informed the Commissioners that the revenues were primarily in the
reimbursement of non-public placements, higher than anticipated interest
income, and dividends from the self-insurance pool. Mr. South stated that
the revenues total $1.4 million. At this time Mr. South reviewed the
requested budget adjustments for the third quarter. The Commissioners
discussed the adjustments presented. They requested that they receive a
quarterly financial report from the Board beginning in FY 2000. Commissioner
Wivell requested a list of the projects to be completed under the
maintenance of plant category. He also asked for an explanation of the
statement at last weeks meeting that they would have no surplus for Fiscal
Year 1999. Dr. Bartlett stated that they generally do not make these
calculations until the fourth quarter and they did not realize that the
additional revenues would be available for use in this years budget.
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the
budget adjustments requested by the Board of Education for the third quarter
of Fiscal Year 1999 as follows: Increase Revenue - $631,220; Increase
Administration - $96,140, Increase Mid-Level Administration - $186,100,
Decrease Instructional Salaries - $407,0990, Increase Instructional Textbook
and Supplies - $70,880, Decrease Other - Instructional Costs - $38,700,
Decrease Special Education - $211,130, Decrease Student Personnel Services -
$22,650, Increase Student Health Services - $22,010, Increase Student
Transportation - $811,220, Decrease Operation of Plant - $12,130, Increase
Maintenance of Plant - $476,210, and Decrease Fixed Charges - $339,640, for
a total adjustment of $0. Motion carried with Commissioners Schnebly,
Iseminger, Swartz and Snook voting AYE and Commissioner Wivell voting
NO..
The Commissioners stated that there are several items they wish to address
with the Board now that the budget has been finalized. Both bodies agreed
to begin scheduling the topics for discussion. Commissioner Schnebly again
reiterated his concerns about the curriculum and stated that he hopes they
can begin discussions with the Board members.
Dr. Bartlett stated that they will present the finalized budget to the
MAY 11, 1999
PAGE FIVE
Commissioners. He thanked the Commissioners for their commitment to improve
the quality of education in Washington County. Dr. Bartlett indicated that
the Board received an 8.2% increase in funding and noted that the majority
of that will go to teachers and classrooms. He stated that great strides
have been made in teacher salaries but additional funding is still needed.
Dr. Bartlett then distributed a letter to the Commissioners regarding
cooperation between the two bodies. Commissioner Snook stated that
additional funding assistance is needed from the State. He noted that the
County will not be able to continue to manage the budget if the State
provides only a one percent increase. In answer to questions from the
Commissioners, Dr. Bartlett stated that the funding budgeted for contract
bus drivers has not been reduced. Also discussed was the security of the
schools. Mrs. Wilfong spoke of the need for additional counselors in the
elementary schools.
RECESS
The Commissioners recessed at 4:45 p.m.
Commissioner Swartz was excused from the meeting at this time.
JOINT MEETING WITH CLEAR SPRING LIBRARY COMMITTEE AND TOWN COUNCIL
The Commissioners met at the Clear Spring Town Hall at 5:30 p.m. to discuss
funding for the proposed construction of a library in Clear Spring. Also
present were Clear Spring Vice Mayor Julianna Albowicz, members of the
Snyder Fund, members of the Clear Spring Library Committee, and Mary Baykan,
Director of the Washington County Free Library.
Commissioner Snook reviewed maps showing two locations proposed for the new
library. He stated that one site being considered is across from the Clear
Spring Elementary School on property owned by the Board of Education. The
other site is adjacent to the Clear Spring Park. Gary Rohrer, Director of
Public Works, reviewed each site in detail. After discussion of the two
sites, it was the consensus of the group that the best site for the library
would be across from the elementary school.
The group then discussed the appropriate size for the branch. Commissioner
Snook indicated that Ms. Baykan has submitted information and a proposed
floor plan for buildings of 6,000 square feet, 8,000 square feet, and 10,000
square feet. She explained the formula used to determine the correct size
for the community and stated that the plans she submitted were based on the
standards recommended by the American Library Association. Ms. Baykan
stated that the strength of a branch library is that it is part of the main
library system and can draw from its resources. Commissioner Snook
cautioned the group that the County can request bids for the 8,000 square
foot building but the costs may prove to be prohibitive. Mr. Rohrer
estimated that the cost would be $640,000 for construction for an 8,000
square foot building. Ms. Baykan stated that it would cost approximately
$100,000 to fill, stock, and staff the facility. Mr. Rohrer indicated that
the renovations to the Clear Spring Elementary School could cause a delay in
the start of the project since the Board of Education would be using the
area proposed for the branch as a construction staging area. He stated that
he hopes to advertise for bids this winter and will work with the Board of
Education to coordinate a time line for the project.
Commissioner Snook informed the group that the County Commissioners have
designated $200,000 for this project in the FY 2000 budget. He stated that
an application for funding will be submitted to the Snyder Fund on or before
the June 1 application deadline. Ms. Baykan said that the Library will
submit an application for a grant from the Gaming Commission for start-up
costs. Ms. Albowicz stated that the Town will contact the members of the
Delegation to the General Assembly to see if they can obtain grant funds
from the State to help with the costs. Members of the Library Committee
agreed that the community would also help with fund-raising efforts and they
will attempt to obtain donations from local businesses. Commissioner Wivell
complimented the community on various projects they have undertaken and
completed without governmental assistance. Commissioner Snook stated that
he will try to meet with the group again in the next 60 days.
ADJOURNMENT
Motion made by Commissioner Schnebly, seconded by Iseminger, to adjourn at
6:30 p.m. Unanimously approved
MAY 11, 1999
PAGE SIX
County Attorney
, Clerk