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June 8, 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., 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 - JUNE 1, 1999
Motion made by Commissioner Iseminger, seconded by Wivell, to approve the
minutes of June 1, 1999, as submitted. Unanimously approved.
PROCLAMATION - NATIONAL HOME OWNERSHIP WEEK
Commissioner Snook presented Pat McMillian, Director of the Community Housing
Resource Board (CHRB), Joe Kuhna, Community Development Coordinator, and Dave
Barnhart of Hagerstown Trust Company, with a proclamation naming the month of
June 5-12, 1999 as National Homeownership Week in Washington County and
commending this observance to all citizens. Pat McMillian thanked the
Commissioners for the proclamation and highlighted the activities planned to
promote National Homeownership Week. She also distributed copies of their new
publication, A Guide to Homeownership Programs in Washington County.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Schnebly reported on the meeting of the joint City/County task
force on water and sewer issues. He informed the Commissioners that
representatives of the Sister City Program from Wesel, Germany will be
visiting Hagerstown in October.
Commissioner Swartz stated that the Stadium Task Force will be making an
official announcement in July. He reported that he attended the anniversary
celebration for SCORE, the Hagerstown Community College Booster Banquet, and
the AmVets Convention banquet. Commissioner Swartz informed the Commissioners
that he recently toured the SPCA facility and has handled several constituent
concerns.
Commissioner Wivell informed the Commissioners that he was a guest on a local
radio show on WHAG/WQCM Radio.
Commissioner Snook reported the Western Maryland Consortium meeting. He asked
for an update on whether a center line has been established for the road which
will be constructed in the Robinwood corridor in the future.
FISCAL YEAR 1999 RETIREMENT EMPLOYER CONTRIBUTION
Alan Davis, Director of Human Resources, met with the Commissioners to review
the recommendation made at last weeks meeting to consider using a portion of
the $1 million designated as the FY 1999 employer pension contribution for a
one-time employee bonus. He noted that the Countys pension plan is funded at
a ratio of 130 percent. This funding ratio does not include the $1 million
employers contribution scheduled to be made in June 1999. Mr. Davis reviewed
the two options he presented at the meeting last week. The Commissioners
discussed the options which provide for either a lump-sum payment or a payment
based on years of service. After discussion, it was the consensus of the
Commissioners to pay the bonus based upon years of actual retirement
participation - 0-3 years - $750, 3-10 years - $1,000; and over 10 years of
service - $1,250.
Motion made by Commissioner Wivell, seconded by Schnebly, to approve Option 2,
Plan A (revised), as presented by the Director of Human Resources, to provide
a one-time payment to regular full-time County employees from the $1 million
FY 1999 employer pension contribution in the following amounts: 0-3 yrs -
$750, 3-10 - $1,000, more than 10 years - $1,250, with the balance remaining
to be transferred to the Capital Improvements Program budget to reduce the
amount of general bond fund borrowing. Unanimously approved.
BID AWARD - ROLLING HILLS DRAINAGE IMPROVEMENT
Motion made by Commissioner Schnebly, seconded by Iseminger, to award the
contract for the Rolling Hills drainage improvement project to D.L. George &
Sons Construction which submitted the low bid of $19,412, contingent upon all
necessary paperwork being submitted to the Chief Engineer prior to execution
of the contract. Unanimously approved.
JUNE 8, 1999
PAGE TWO
APPROVAL OF T-HANGAR LEASE AGREEMENT
Carolyn Motz, Airport Manager, reviewed the proposed T-hangar lease agreement
and the minor revisions to it which were requested by the Pilots Association.
Motion made by Schnebly, seconded by Swartz, to approve the revised T-hangar
lease agreement form as presented by the County Attorney and the Airport
Manager. Unanimously approved.
Motion made by Commissioner Iseminger, seconded by Swartz, to authorize the
Airport Manager to enter into lease agreements and execute leases at the
Hagerstown Regional Airport on behalf of the Board of County Commissioners.
Unanimously approved.
PUBLIC HEARING - AMENDMENTS TO BOCA CODE AND CABO CODE
The Commissioners convened a public hearing at 9:45 a.m. to consider
amendments to the CABO One & Two Family Dwelling Code and amendments to the
BOCA Building Code. Paul Prodonovich, Director of Permits & Inspections,
explained that the amendments to the BOCA Code are intended to close a
loophole that exempts nonresidential farm buildings and structures from being
reviewed by the Historic District Commission. He stated that the amendment
will also add definitions and specify fees for filing appeals to the Building
Codes Appeals Board.
Mr. Prodonovich reviewed the amendments to the CABO Code which will include
the same language regarding the Building Board Codes Appeals Board as
presently exists in the BOCA Code. He stated that the amendments will add
fees for filing of appeals for inspection of family day care facilities.
At this time, the hearing was opened for public comment. No one present
elected to speak in favor of or in opposition to the amendments.
Motion made by Commissioner Swartz, seconded by Schnebly, to approve the
amendments to the CABO One and Two Family Dwelling Code and the BOCA Code as
presented. Unanimously approved. (Copies of the amendments are attached.)
PUBLIC HEARING - CLOSING OF A PORTION OF GROSH AVENUE
The Commissioners convened a public hearing at 10:08 a.m. regarding the
intention of the County to close and abandon a portion of Grosh Avenue and to
convey the property to Hekbel, LLC for no monetary consideration. Dean Lowry,
Real Property Administrator, distributed a plat of the area proposed for
abandonment. Richard Douglas, County Attorney, explained that Hekbel LLC, the
owner of the property surrounding the portion of Grosh Avenue intended to be
closed, has requested that it be abandoned by the County. He stated that the
Board of Education is only other adjacent property owner and is aware of the
intended transfer. Mr. Lowry stated that Hekbel will be constructing a
stormwater management pond and drainage swale in this area. The hearing was
then opened for public comment. No one present elected to speak in favor of
or in opposition to the closing.
Motion made by Commissioner Iseminger, seconded by Swartz, to close and
abandon a portion of Grosh Avenue and to convey the same to Hekbel LLC for no
monetary consideration. Unanimously approved.
Motion made by Commissioner Iseminger, seconded by Swartz, to approve the quit
claim deed to Hekbel LLC, as presented by the County Attorney. Unanimously
approved.
PUBLIC HEARING - PURCHASE OF PROPERTY AT 138-140 WEST WASHINGTON STREET
The Commissioners convened a public hearing at 10:15 a.m. for the purpose of
considering the purchase of the Wareham Building located at 138-140 West
Washington Street to include the attached parking deck for $635,000. Gary
Rohrer, Director of Public Works, emphasized the need for additional office
space for the County. Mr. Rohrer stated that with minor renovations on the
upper floors, the building will generate enough revenue to more than offset
the annual operating cost of the building. He indicated that there are very
few alternatives at present for obtaining the needed space in the downtown
area. Mr. Rohrer reviewed the monthly rents being paid by the current tenants
of the building. The meeting was then opened for questions from the
Commissioners and for public comment. No member of the public elected to speak
in favor of or in opposition to the proposal. After discussion, the
Commissioners took this proposal under consideration.
CITIZENS PARTICIPATION
Joyce Dunn expressed concerns that the developer of her subdivision intends to
JUNE 8, 1999
PAGE THREE
build on a lot which is designated as a wetland and that this plan will have
an adverse effect on her property. She also stated that individuals have been
driving through her property to access a soccer field adjacent to her
residence. Commissioner Snook agreed to have County staff to discuss the
problems with her and make recommendations. He indicated that this is an
issue she must resolve with the developer of the subdivision.
Don Allensworth discussed his views regarding the possible implementation of
impact fees in Washington County.
James Devine stated that the lake at Greenbrier State Park was emptied for
repairs and that it has not refilled due to the dry conditions. He questioned
the work and suggested several options to have it refilled. Mr. Devine stated
that property was stolen out of his storage bin and the Sheriffs Department
did not porperly investigate his complaint. He also expressed concerns about
the procedure being used to check drivers licenses between the states of
Maryland and Pennsylvania.
VEHICLE REFURBISHING FOR SHERIFFS DEPARTMENT
Lt. Doug Mullendore and Sheriff Charles Mades met with the Commissioners to
answer questions regarding the bid to refurbish five (5) Chevrolet Caprice
police vehicles. Lt. Mullendore explained why refurbishing is more cost-
effective than purchasing new vehicles. He stated that the vehicles are
considered new when returned to them. Commissioner Iseminger expressed
concerns and stated that he feels that it is more cost effective to purchase
new vehicles than to refurbish older ones.
Motion made by Commissioner Schnebly, seconded by Swartz, to award the
contract for refurbishing five 1994 Chevrolet Caprice sedans for the Sheriffs
Department to Ed Morse Chevrolet which submitted the low responsive,
responsible bid of $64,646.49. Unanimously approved.
UPGRADE OF ELECTRONIC FAREBOX SOFTWARE PROGRAM FOR WASHINGTON COUNTY COMMUTER
Y2K COMPLIANCE - SOLE SOURCE CONTRACT AWARD
Motion made by Commissioner Iseminger, seconded by Schnebly, to award the
contract to upgrade an electronic fare box software program for the Washington
County Commuter to Cubic Transportation Systems, Inc. for $28,750, with
funding to be provided by Federal and State grants administered by the Mass
Transit Administration with a County share of $2,875. The award is a sole
source procurement based on Sections 1-106.2(a)(1) and 1-106.2(a)(2) of the
Code of the Public Local Laws of Washington County. Unanimously approved.
BID AWARD - TRASH REMOVAL SERVICES AT COUNTY FACILITIES
Motion made by Commissioner Iseminger, seconded by Schnebly, to award the
contract for trash removal services at County facilities to BFI Waste Systems
of North America which submitted the low responsive, responsible bid of
$34,539 for a one-year period with an option by the County to renew for up to
two (2) additional consecutive one (1) year periods. Unanimously approved.
CONTRACT RENEWAL - TRANSFER STATION SERVICES
Motion made by Commissioner Swartz, seconded by Iseminger, to reject the
request of Waste Management of Shenandoah Valley to renew their contract for
transfer station services due to the requested increase in rates - $188,000
(28%) and to rebid the contract. Unanimously approved.
APPROVAL OF ANIMAL CONTROL AGREEMENT
Richard Douglas, County Attorney, reviewed the revised Animal Control
Agreement with the SPCA. The Commissioners discussed their concerns regarding
the length of the agreement and the 4% annual increase specified in the
contract. Commissioner Wivell stated that the County may want to provide its
own animal control services rathern than contracting for it.
The discussion was interrupted at this time in order to take a telephone call
regarding the bond sales.
BOND SALE - TAX EXEMPT 1999 PUBLIC IMPROVEMENT BONDS AND TAXABLE WATER & SEWER
REFUNDING BONDS OF 1999 AND APPROVAL OF SUPPLEMENTAL RESOLUTION
Motion made by Commissioner Schnebly, seconded by Iseminger, to accept the low
proposal of Legg Mason Wood Walker, Inc. at the true interest cost (TIC) of
4.9536% for the sale of the $10,000,000 Tax Exempt Public Improvement Bonds of
1999, to approve the low proposal of Legg Mason Wood Walker, Inc. for the
sale of $7,500,000 Taxable Water & Sewer Refunding Bonds of 1999 at the TIC
rate of 7.006%, and to approve a Supplemental Resolution to the Resolution
JUNE 8, 1999
PAGE FOUR
adopted on May 18, 1999 relating to the issuance and sale of these bonds.
Unanimously approved. (A copy of the Supplemental Resolution is attached.)
CONTINUATION - ANIMAL CONTROL AGREEMENT
Dana Moylan, attorney for the SPCA, stated that the SPCA is willing to
negotiate on the 4% annual increase proposed in the agreement. She stated
that the SPCA Board of Directors has to make a decision on the size of the
facility in the near future if they are going to begin construction next year.
The facility would be larger if the animal control portion is included. Ms.
Moylan stated that the SPCA feels they have been underfunded in regard to
animal control and that the humane side has had to subsidize these
operations. She indicated that they would be willing to accept a
discretionary increase which would be negotiated each year with the County
rather than the flat 4% in the agreement. The Commissioners discussed the
proposed agreement and suggested several options regarding the provision on
animal control.
Motion made by Commissioner Schnebly, seconded by Swartz, to approve the
revised Animal Control Agreement with the SPCA, contingent upon revisions
being made to Section 5.5 which would allow the annual cumulative increase to
the Compensation for Services to be negotiated annually with the County.
Motion carried with Commissioners Schnebly, Swartz, and Snook voting AYE,
Commissioner Wivell voting NO and Commissioner Iseminger ABSTAINING.
RECESS - LUNCH
The Commissioners recessed at 12:39 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:15 p.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.
PRIME RETAIL - UPDATE
Brian Downie, Vice-President of Prime Retail Outlets, met with the
Commissioners to provide an update on their first year of operation in
Hagerstown. Mr. Downie introduced Nancy Brown, the new General Manager, and
Alice Rosen, Marketing Director. Mr. Downie stated that the stores have been
very successful and that sales are on a pace with their Grove City location.
He informed the Commissioners that 80-85 stores are located at Prime Outlets
now, and they have site plan approval for Phase III, which will add 100,000
square feet. Mr. Downie stated that Prime Outlets will be submitting another
site plan for a single store to be located across from the Gap outlet. Ms.
Rosen indicated that she works cooperatively with the Convention & Visitors
Bureau and that Prime often provides visitor information at its customer
service center. The Commissioners thanked Mr. Downie and his staff for
providing them with an update and wished them success with the expansion of
the project.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners of the meeting
scheduled for June 16 of the Steering Committee for the University System of
Maryland campus. He stated that the Picket News will be printing a weekly
series of articles about the County. The Commissioners discussed the dates
provided by Mr. Shoop and agreed on July 8 as the date for a joint meeting
with local Delegation to the General Assembly.
RE/APPOINTMENTS - ADULT PUBLIC GUARDIANSHIP REVIEW BOARD
Motion made by Swartz, seconded by Iseminger, to reappoint Catherine Drummond,
Pauline Welsh, Dr. Allen W. Ditto, and Peggy Martin to the Adult Public
Guardianship Review Board for three-year terms and to appoint Mary Jane Sharer
for a three-year term. Unanimously approved.
RE/APPOINTMENTS - BOARD OF SOCIAL SERVICES
Motion made by Iseminger, seconded by Swartz, to reappoint Larry Kershner to
the Board of Social Services for a three-year term and to appoint Marcia
Watters and C. Richard Miller for three-year terms. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Iseminger, seconded by Swartz, to convene in
closed session at 1:39 p.m. to discuss personnel issues, to consult with
counsel to obtain legal advice, and to consider proposals for a businesses or
industrial organizations to locate, expand, or remain in the State, in
JUNE 8, 1999
PAGE FIVE
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 2:53 p.m. Unanimously approved.
In closed session, the Commissioners discussed four (4) personnel issues and
consulted with counsel to obtain legal advice on two (2) matters. 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; Joni Bittner, County Clerk; Greg Murray, Director of the
Water & Sewer Department; Greg Larsen, CIPF Marketing Director; Gary Rohrer,
Director of Public Works; Rich Ellman, President of Spirit Services; and Alan
Davis, Director of Human Resources.
APPROVAL OF LOAN - CHIEF
Motion made by Commissioner Wivell, seconded by Iseminger, to provide a grant
of $200,000 to the Hagerstown/Washington County Industrial Foundation (CHIEF)
from the general fund to be used for the purpose of making a loan or loans for
economic development. Unanimously approved.
UPGRADE - GAMING COMMISSION DIRECTOR
Motion made by Commissioner Schnebly, seconded by Swartz, to upgrade Vanessa
Hines from Office Manager at the States Attorneys Office to Director of the
Gaming Commission, Grade 11, to fill an upcoming vacancy. Unanimously
approved.
JOINT MEETING WITH BOARD OF EDUCATION - WILLIAMSPORT HIGH SCHOOL
The Commissioners met with the Board of Education at Williamsport High School
at 3:15 p.m. The following members of the Board of Education were present:
Edwin Hayes, B. Marie Byers, 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 for Instruction; and William McKinley,
Executive Director of Support Services.
Results of Washington County Reading Initiative - Year 1
Dr. Teresa Flak, along with James Newkirk, Supervisor of English/Language Arts
and Social Studies, and Sherry Perkey, Supervisor of English/Language Arts,
made a presentation to the Commissioners on the success of the first year of
the reading initiatives program. Dr. Flak provided a history of the program
and the plan to provide reading instruction for grades K-12. She stated that
all the data they received suggested that students could be reading better
than they were. The focus was then shifted to reading and specialists were
provided in each elementary school. Dr. Flak then reviewed the accountability
measures and the goals which were set for the reading initiative program. Mr.
Newkirk informed the Commissioners of the benchmarks which were developed and
reviewed the results for the first three marking periods. He stated that
students are tracked on their progress quarterly. Mr. Newkirk informed the
Commissioners that County students have shown a seven percent increase in
their reading ability over last years national test results. The meeting was
then opened for questions from the Commissioners. Dr. Flak stated that they
hope to sustain the type of improvement seen this year. She indicated that
they plan to include additional positions for middle school reading
specialists this year. Ms. Perkey indicated that there is a critical need at
the secondary level and provided information on staff development.
CIP Facilities Master Plan
Dennis McGee provided information to the Commissioners on the growth of the
student population. He reviewed the annual update of the Facilities Master
Plan and stated that he does not see the need for any new schools in the
County although there are pockets of growth in certain areas which will have
to be addressed. Mr. McGee then presented information on the status of
renovation projects which are currently underway and those scheduled for the
upcoming year.
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Wivell, to adjourn at 4:55
p.m. Unanimously approved.
, County Administrator
JUNE 8, 1999
PAGE SIX
County Attorney
, Clerk