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HomeMy WebLinkAbout990511 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