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May 18, 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.
PRESENTATION OF IDEA AWARD - DOUGLAS OLIVER
Rodney Shoop, County Administrator, presented a certificate of merit to
Douglas Oliver, Computer Information Services, as the recipient of the
Innovative, Dedicated Employee Award (IDEA) Program Award for the quarter.
Mr. Shoop stated that Mr. Oliver was nominated by Ronald Whitt, Director of
the Computer Information Services (CIS) department. Mr. Whitt stated in his
nomination that CIS recently implemented a program to perform in-system
upgrades of personal computers. Mr. Whitt indicated that Dougs can do
attitude was a factor in the decision to pursue this project. Mr. Oliver
has implemented the program in addition to his other duties thereby saving
the County approximately $81,600. In addition, this upgrade has extended
the life-cycle of the units and has ensured that they are Y2K compliant. Mr.
Shoop stated that the award consists of a $500 check and an additional
personal day. Mr. Oliver thanked the Commissioners for the award and
recognized the other employees of the CIS Department. Commissioner Snook
thanked Mr. Oliver for his hard work and dedication.
RECOGNITION OF GOVERNORS VOLUNTEER OF THE YEAR AWARD WINNERS - GRACE
SNIVELY, BERNARD NOE, RONALD PHILLIPS, AND LINN HENDERSHOT
Commissioner Swartz recognized Grace Snively, Bernard Noe, Ronald Phillips,
and Linn Hendershot as winners of the Volunteers of the Year from the
Governors Office of Service & Volunteerism. Commissioner Swartz noted that
Grace Snively and Bernard Noe were previously presented with their
certificates from Governor Glendening at a ceremony held last week. Mrs.
Snively thanked the Commissioners for recognizing her and encouraged more
citizens to get involved by volunteering in the community. Commissioner
Swartz then presented the certificate to Mr. Phillips and highlighted the
contributions he has made to the community through his participation as a
volunteer. Commissioner Swartz presented Mr. Hendershot with his
certificate and commended him on his many accomplishments in his work for
the disabled. Norman Bassett, Office of Disability Issues, also recognized
Mr. Hendershots efforts to assist disabled citizens in Washington County.
CERTIFIED PUBLIC PROFESSIONAL BUYER
PRESENTATION OF - RICHARD CURRY
Commissioner Snook presented Richard Rick Curry, Buyer for the Water &
Sewer Department, with his certification for successfully fulfilling all of
the requirements to receive the designation of Certified Public
Professional Buyer by the Universal Public Purchasing Certification
Council. Karen Luther, Purchasing Agent, commended Mr. Curry on this
achievement and reviewed the testing requirements needed to receive this
designation.
MISS MARYLAND PAGEANT - 0VERTIME COSTS FOR SHERIFFS DEPARTMENT
Motion made by Commissioner Iseminger, seconded by Swartz, to approve $1,300
from the contingency fund for overtime costs for the Sheriffs Department to
provide police protection to the Miss Maryland contestants during their stay
in Washington County for the pageant. Unanimously approved.
ZONING ORDINANCE TEXT AMENDMENT (RZ-99-01) - REGULATION OF COMMERCIAL
COMMUNICATIONS TOWERS
Motion made by Schnebly, seconded by Iseminger, to approve zoning text
amendment RZ-99-01 which relates to the regulation of commercial
communications towers heard at public hearing on March 8, 1999. The
amendment would allow commercial communications towers as principal
permitted uses in industrial zoning districts and as special exception uses
in all other districts except residential districts. Unanimously approved.
(A copy of the text amendment is attached.)
ZONING ORDINANCE TEXT AMENDMENT (RZ-99-04) - SITE PLAN REQUIREMENTS
Motion made by Iseminger, seconded by Swartz, to approve zoning text
amendment RZ-99-04 to revise Section 4.11 - Site Plan, to include
MAY 18, 1999
PAGE TWO
Residential Urban (RU), Residential Suburban (RS), Residential Rural (RR),
Agriculture (A), and Conservation (C)as additional districts for which a
major site plan shall be submitted for review and approval by the Planning
Commission - with the addition of language regarding agricultural buildings.
Unanimously approved. (A copy of the text amendment is attached.)
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Schnebly informed the Commissioners that he presented
proclamations for the National Pike Festival and Emergency Medical Services
Week. He stated that the City/County Water and Sewer Subcommittee met last
week. Commissioner Schnebly stated that the Clear Spring Library Committee
will be meeting with the County delegation to the General Assembly with
regard to State funding for the proposed new branch library.
Commissioner Swartz stated that he met with a group of retired school
administrators regarding the County budget. He informed the Commissioners
that he attended the Senior Fair, a meeting of the Advisory Committee on
Disability Issues, an Area Agency on Aging meeting, and the Community Action
Council volunteer reception. Commissioner Swartz stated that he attended an
awards banquet at Johns Hopkins University honoring middle school students
who scored more than 1,000 on the Scholastic Aptitude Test (SAT).
Commissioner Iseminger reported on the 50th anniversary celebration of
Girls, Inc. of Washington County.
Commissioner Wivell reported on the Historic District Commission meeting and
the Water & Sewer Advisory Commission meeting. He also stated that the USA
Today reported that Tax Freedom Day is now the 131st day of the year. It
was previously the 130th day of the year.
Commissioner Snook informed the Commissioners that the Maryland Department
of the Environment has scheduled a public informational meeting on May 27
regarding an application to apply sewage sludge on the Ellis Strite farm.
He stated that the Maryland Emergency Management Administration (MEMA) will
be conducting an exercise on Y2K compliance on July 2. Commissioner Snook
reported that the Maryland State Police Advisory Committee is scheduled to
meet on June 2. He stated that the Recreation Commission has distributed
its summer calendar. Commissioner Snook suggested that in the County
Attorneys absence that another mechanism be put in place for review of the
minutes to keep the approvals current. He reminded the Commissioners that
the Joint Veterans Council will hold their Memorial Day ceremony on May 30
at Marty Snook Park.
BID AWARD - AGRICULTURAL MUSEUM/OFFICES
Gary Rohrer, Director of Public Works, reviewed the options which were bid
for the construction of a museum or museum/office space at the Agricultural
Education Center. He explained that Option 1 would be a 19,557 square foot
building which includes a museum shell, conference room, and 8,010 square
feet for the Agricultural Extension Service. Option 2 consists of 9,114
square feet for a museum and conference room. Mr. Rohrer then reviewed the
operating costs involved with each option and the amount which would have to
be financed. The Commissioners then discussed the advantages and
disadvantages of each option.
Motion made by Commissioner Iseminger, seconded by Swartz, to approve Option
1 as presented for construction of a museum and office space at the
Agricultural Education Center. Motion carried with Commissioners Iseminger,
Swartz, Schnebly, and Snook voting AYE and Commission Wivell voting NO.
Motion made by Commissioner Iseminger, seconded by Swartz, to award the
contract for the construction of a museum and office space at the
Agricultural Education Center to Myers Building Systems, Inc. which
submitted the low responsive, responsible bid for Option 1 of $1,071,000.
Motion carried with Commissioners Iseminger, Swartz, Wivell and Snook voting
AYE and Commissioner Schnebly ABSTAINING.
APPROVAL OF FEDERAL FAMILY PRESERVATION CONTRACTS - LOCAL MANAGEMENT BOARD
John Budesky, Director of the Office of Children, Youth & Families,
explained each of the three programs which he is asking to be funded from
the monies remaining in the Safe & Stable Families grant. He stated that
all three of the programs were approved by the Local Management Board and
assure measurable results and fiscal accountability.
MAY 18, 1999
PAGE THREE
Motion made by Iseminger, seconded by Swartz, to approve the request made by
the Local Management Board (LMB) to award Federal Family Preservation
Contracts to the following agencies: Boys & Girls Club - $10,000; Shawnee
Girl Scouts Outreach Program - $10,712; and Department of Social Services
School Family Liaison Program - $15,000 for a total of $35,712 from the
Federal Safe & Stable Families grant. Unanimously approved.
CITIZENS PARTICIPATION
William Nairn, representing Nextel Communication, met with the Commissioners
to ask them to address their concerns regarding the proposed text amendment
on commercial communications towers. Commissioner Snook explained that
since Nextel had previously received approval for a special exception status
that the use would be permitted under the amendments to the Zoning
Ordinance.
Bob Maginnis, Opinion Editor of the Herald-Mail, cited a letter the
Commissioners received from Dr. Herman Bartlett, Superintendent of Schools,
regarding cooperation on computer-related issues. He questioned whether the
County and the Board of Education have discussed ways in which they could
cooperate. Commissioner Snook explained that the Countys Director of
Computer Information Services has investigated the possibility of using the
Board of Educations system but that it is not a cure all for the County.
The Board of Education system does not provide a number of the capabilities
present in the package recently approved by the County Commissioners. He
stated that both groups are exploring areas in which they could work
together in the future. Rodney Shoop, County Administrator, listed various
areas in which the County now cooperates with the Board of Education, the
City of Hagerstown, and Hagerstown Community College in order to save money
and improve the quality of services to the citizens of Washington County.
Commissioner Swartz suggested that the Commissioners consider holding fewer
closed sessions for items other than personnel. He stated that some of
the items are good news. Commissioner Snook stated that certain items
are discussed in closed sessions to protect the confidentiality of economic
development prospects and are therefore legal and appropriate for closed
session. He stated that any announcements can be made in public following
the closed session meeting if appropriate.
COUNTY ADMINISTRATORS COMMENTS
Mr. Shoop informed the Commissioners that he is in the process of developing
the summer schedule for meetings and asked the Commissioners for input
regarding their vacation schedules. He stated that he is working with the
Clear Spring Library Foundation to develop an application for funding from
the Leonard P. Snyder Fund, Inc. Commissioner Snook asked that the Town of
Clear Spring be included in the process and suggested that the Town waive
the water and sewer hookup fees as a contribution. He also asked that the
committee consider the option of a 6,000 square foot building. Mr. Shoop
informed the Commissioners that the meeting with the City of Hagerstown was
canceled because the City is working on their FY 2000 budget. He also
reported that the County Attorney will be back to work early next week.
RE/APPOINTMENTS - SOLID WASTE ADVISORY COMMITTEE
The Commissioners discussed the proposed appointments to the Solid Waste
Advisory Committee and took no action at this time. Commissioner Wivell
suggested that they may want to consider reducing the Committee to seven
members.
ADOPTION OF RESOLUTION - PUBLIC IMPROVEMENT BONDS OF 1999
Timmy Ruppersberger, Bond Counsel, and Paul Heid, Financial Consultant,
appeared before the Commissioners to review the Preliminary Official
Statement relating to the Tax Exempt Public Improvement Bonds of 1999 in the
amount of $10,000,000 and the $7,525,000 Taxable Water and Sewer Refunding
Bonds of 1999. Ms. Ruppersberger and Mr. Heid explained their roles in the
bond process. She stated that the general obligation bonds are scheduled
for bid on June 8. Commissioner Wivell suggested that they discuss the
amount of the taxable Water and Sewer Refunding Bond and try to buy it down
to $6.5 million by using surplus funds from FY 1999. He stated that the
Water & Sewer Advisory Commission would like to put together a business plan
for the pretreatment fund. Commissioner Iseminger stated that he feels this
should be done but that it will not be resolved in the next few weeks.
Debra Bastian, Director of Finance, explained that she will not have the
final budget numbers on the surplus until September. Mr. Heid explained how
they determined the amount for the taxable refunding bond issue and the IRS
MAY 18, 1999
PAGE FOUR
regulations which need to be addressed. He stated that the restrictions of
the Maryland Water Quality Bonds cannot be lifted to allow direct piping to
the pretreatment plant unless the refunding issue takes place.
Motion made by Commissioner Wivell, seconded by Swartz, to approve the Tax
Exempt Public Improvement Bonds of 1999 in the amount of $10,000,000 and the
$6,500,000 Taxable Water and Sewer Refunding Bonds and to amend the
Resolution to reflect the changes. The motion was denied with Commissioners
Wivell and Swartz voting AYE and Commissioners Iseminger, Schnebly, and
Snook voting NO.
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the
Preliminary Official Statement relating to the Tax Exempt Public Improvement
Bonds of 1999 and the $7,525,000 Taxable Water and Sewer Refunding Bonds of
1999 authorizing and empowering the County Commissioners of Washington
County to issue and sell at public sale, upon its full faith and credit, its
General Obligation Serial Maturity Bonds in the aggregate principal amount
of $10,000,000 to be known as Washington County, Maryland, Public
Improvement Bonds of 1999, pursuant to the provisions of Chapter 87 of the
Laws of Maryland of 1995, as amended, for the public purposes of financing
the cost of general public improvements in Washington County. Motion carried
with Commissioners Schnebly, Iseminger, and Snook voting AYE and
Commissioners Swartz and Wivell voting NO. (A copy of the resolution is
attached.)
BUDGET TRANSFER - UTILITY FUNDS
Motion made by Commissioner Swartz, seconded by Schnebly, to approve the
budget transfer to eliminate the proposed borrowing budgeted for water and
sewer and pretreatment projects scheduled in FY 1999 due to a combination of
project savings, unanticipated connection fees and trust fund excesses: to
transfer $454,288 from Bond Fund 1999 (40-4-0000-390-099) to Bond Fund 96A
Water & Sewer (40-4-0000-390-096-0001)- $292,191, Sewer Fund (40-4-1303-380-
052) - $67,906, and General Fund Water & Sewer (40-4-0000-380-001) -
$94,191, and to authorize the Director of Finance to negotiate with
Hagerstown Trust Company to reduce the rates for this bond issue.
Unanimously approved.
RECESS - LUNCHEON AT NORTH HAGERSTOWN HIGH SCHOOL
The Commissioners recessed at 11:51 a.m. for lunch at North Hagerstown High
School. Commissioner Swartz presented a proclamation to the North High
Chapter of the Students Against Destruction Decisions (SADD) designating May
1999 as SADD Month in Washington County.
AFTERNOON SESSION
The afternoon session was called to order at 1:27 p.m. by the President
Gregory I. Snook, with the following members present: Vice President Paul
L. Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and
William J. Wivell.
NOMINATION FOR NATIONAL HISTORICAL REGISTER - GOOD-HARTLE FARM
Stephen Goodrich, Senior Planner, met with the Commissioners to present an
application for nomination to the National Register of Historic Places. Mr.
Goodrich reviewed the application for the Good-Hartle Farm. He stated that
Washington County, as a Certified Local Government, can recommend properties
for nomination. Mr. Goodrich then reviewed the criteria for eligibility for
the National Register. He stated that the property qualifies as a property
with historical significance due to its physical design and construction.
The Commissioners then reviewed the application and the photographs of the
site.
Motion made by Commissioner Schnebly, seconded by Iseminger, to submit the
application for the Good-Hartle farm to the Maryland Historical Trust for
nomination to the National Register of Historic Places. Unanimously
approved.
UPDATE ON THE UNIVERSITY SYSTEM OF MARYLAND - HAGERSTOWN CAMPUS
Harley Cloud, Director of University Systems of Maryland (USM) Shady Grove
Center, and Mark Beck, Director of Capital Planning for the USM, met with
the Commissioners to provide an update on the plans for construction of a
USM campus in Hagerstown. Mr. Beck distributed a proposed time line and
reviewed the status of each item. He noted that the State has approved
$150,000 for planning in the State budget. Mr. Beck stated that $759,000
will be needed for design funds as of July 1, 1999. He also provided a list
MAY 18, 1999
PAGE FIVE
of action items for the Commissioners which need to be addressed in the near
future to include a letter of intent from Allegheny Energy transferring the
land to the State. The Commissioners also discussed making a request to
the County degation to the General Assembly during the next legislative
session for State funds. Mr. Beck asked the Commissioners to help formulate
a response to the concerns raised by the Maryland Office of Planning that
the County explore additional sites in the downtown area. Mr. Cloud
emphasized that the County will need the support of the business community
and State legislature.
STATUS OF PUBLIC WORKS PROJECTS
Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met
with the Commissioners to provide a status of current projects. Also
present were Greg Murray, Director of the Water & Sewer Department; Robert
Davenport, Director of Solid Waste Management; Kevin Cerrone, Transportation
Director; Ted Wolford, Superintendent of the Highway Department; and Robert
Graff, Facilities Manager. Mr. McGee and Mr. Rohrer reviewed the list of
projects scheduled for construction in 1999-2000. They also reviewed the
status of projects for bridges, drainage, traffic and safety, landfill,
Airport, highways, railroad crossings, as well as other miscellaneous
projects. Mr. Murray then reviewed projects scheduled for the Water and
Sewer Department. The meeting was then opened for questions from the
Commissioners. Mr. McGee explained how changes affect the priority list for
the projects. Commissioner Snook thanked the staff for the update.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in
closed session at 2:45 p.m. to discuss personnel issues and to consider
proposals for a businesses or industrial organizations 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 Wivell, seconded by Swartz, to reconvene in open
session at 4:46 p.m. Unanimously approved.
In closed session, the Commissioners discussed three (3)personnel issues and
two (2) matters involving proposals for businesses or industrial
organizations to locate, expand, or remain in the State. 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; Joni Bittner, County Clerk;
Gregory Murray, Director of the Water & Sewer Department; Greg Larsen, CIPF
Marketing Director; Gary Rohrer, Director of Public Works; Timothy Troxell,
Assistant Director of the Economic Development Commission (EDC); Tom Riford,
EDC Marketing Specialist; Suzanne Downey Hayes, EDC Chairperson; Water &
Sewer Advisory Commission members Clarence Scheer, Bonnie Parks, Gordon
Crabb, Christopher Diehl, and Ed Renn; and Rich Ellman, J.V. Wren, Lisa
Ellman, and Tare Newbury representing Spirit Services, Inc., and Lloyd
Schiemann representing Safety-Kleen.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Schnebly, to adjourn at
4:47 p.m. Unanimously approved
County Administrator
County Attorney
, Clerk