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HomeMy WebLinkAbout990615 June 15, 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.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook provided information on the Cycle Across Maryland tour (CAM) tour. He informed the Commissioners that he received a letter from the Maryland Department of the Environment that Washington County will receive $150,000 to upgrade the Elk Ridge water storage tower and system. Commissioner Snook stated that the Department of Legislative Services notified him of the formation of the South Mountain Battlefield Initiative Task Force for tourism and promotion. The Commissioners discussed the funding provided by the State for distribution to volunteer fire and rescue companies. Commissioner Snook stated that the Boonsboro Fire Company has asked the Commissioners to revisit their decision regarding funding substations as a separate entities. The Commissioners agreed to ask the Volunteer Fire & Rescue Association to make a recommendation on the issue. Commissioner Snook informed the Commissioners that he received a letter from the City of Hagerstown requesting that the study of the zoning on Eastern Boulevard be resumed. Commissioner Schnebly reported on the meeting of the Economic Development Commission (EDC). He informed the Commissioners that the EDC will be having a joint meeting with the Water & Sewer Advisory Commission on July 12. Commissioner Swartz asked Norman Bassett, Disabilities Coordinator, to provide an update on the Disabilities Advisory Committee. He reported on the board meetings for Food Resources and the Task Force on Homelessness. Commissioner Swartz informed the Commissioners that he attended the opening of the Julia Manor health care facility and the ceremony commemorating Flag Day. Commissioner Wivell reported on the meeting of the Water & Sewer Advisory Commission meeting. He asked that the County attorney provide clarification  on the annexation issue at next weeks meeting. Commissioner Wivell also provided information on the new GASB requirements. Commissioner Iseminger reported on the Washington County Housing Authority meeting. He stated that he met a representative of a tower siting company regarding their concerns as to the recent amendments to the Zoning Ordinance JUNE 15, 1999 PAGE TWO regarding commercial communications towers. He stated that the Planning Commission will discuss the issues raised. Commissioner Iseminger also reported on the meeting of the Advisory Commission to the Board of Health. SIGN CAMPAIGN FOR CRIME SOLVERS Ronald Stansbury, President of Crime Solvers, appeared before the Commissioners to request permission to place their signs in targeted areas of  the County under the Drug Free School Zone signs. Mr. Stansbury explained that Crime Solves and the Student Crime Solvers programs are instituting an aggressive campaign throughout the County by marketing in the media. He stated that by placing the 10" x 24" signs it will help to make the Crime  Solvers hotline number more accessible to the public. Mr. Stansbury stated that they have purchased the signs through the City of Hagerstown with the use of Gaming Commission funds. Commissioner Snook stated that the Commissioners have received several similar requests recently which must be reviewed comprehensively to determine if they wish to amend the sign requirements in the Zoning Ordinance. The Commissioners discussed the issue and agreed to have staff review the request and make a recommendation before rendering a decision. BID AWARD - PUBLIC OFFICIALS LIABILITY AND EMPLOYMENT PRACTICES LIABILITY POLICIES Motion made by Commissioner Wivell, seconded by Swartz, to award the contract for the combination public officials liability and employment practices liability insurance policies to Frederick Underwriters, quoting Coregis Insurance Company, which submitted the low responsive, responsible bid of $19,876. Motion carried with Commissioners Wivell, Swartz, Schnebly, and  Snook voting AYE and Commissioner Iseminger ABSTAINING. FORMATION OF AN AGRICULTURAL LAND PRESERVATION STUDY COMMITTEE Eric Seifarth, Farmland Preservation Coordinator, met with the Commissioners to request their approval to create an Agricultural Land Preservation Study Committee. Mr. Seifarth explained that the Committee would only be needed on a short-term basis to work with the Agricultural Land Preservation Advisory Board to evaluate various options for an enhanced farmland preservation program. He provided the names of seven individuals he has contacted to serve on the study committee. He stated that Joe Swope also expressed interest in serving after the Advisory Board made its recommendations. The Commissioners agreed to name Mr. Swope to the Committee contingent upon the approval of the Advisory Board. Motion made by Commissioner Iseminger, seconded by Schnebly, to appoint Austin Flook, David Oswald, David Herbst, David Roth, John Hoffman, Suzanne Downey Hayes, Galen Long, and Joe Swope to serve on the Agricultural Land Preservation Study Committee which is being created to work with the Agricultural Land Preservation Advisory Board to evaluate options for an enhanced farmland preservation program. Unanimously approved. BUDGET TRANSFER - CHARACTER COUNTS PROGRAM Motion made by Commissioner Wivell, seconded by Swartz, to transfer $15,000 from Contract Services - Human Resources (FY 1999 budget) to assist in start- up costs of the Character Counts program. Unanimously approved. ASSOCIATED BUILDERS AND CONTRACTORS PRESENTATION Darrell Brechbill, President of the Associated Builders & Contractors, Inc. (ABC), met with the Commissioners to provide input on their philosophy regarding the award of construction contracts. Mr. Brechbill explained that the Cumberland Valley Chapter of the Associated Builders & Contractors  supports a free enterprise concept and does not endorse any type of preferential treatment for in-County bidders in awarding construction bids. He stated that the Mason-Dixon line should not be considered a deterrent for doing business in Washington County and that many West Virginia and Pennsylvania contractors use suppliers in Washington County. Several members of ABC spoke to the Commissioners and emphasized their concern that a local preference would adversely affect local contractors if the other states reciprocate. They also asked that the Commissioners consider the geographic area of the County and its proximity to Pennsylvania, Virginia, and West Virginia. They indicated that they put money back into the community. Mr. Brechbill stated that they will also be making this presentation to officials in Franklin County, Pennsylvania. The Commissioner thanked the members of ABC for their presentation. JUNE 15, 1999 PAGE THREE BID AWARD - INSURANCE POLICY FOR EQUIPMENT AT COUNTY FACILITIES Motion made by Commissioner Schnebly, seconded by Swartz, to award the contract for an insurance policy for equipment at County facilities to Frederick Underwriters, quoting Scottsdale Indemnity Company, which submitted the low responsive, responsible bid of $19,228. Motion carried with  Commissioners Schnebly, Swartz, Wivell, and Snook voting AYE and  Commissioner Iseminger ABSTAINING. BID AWARD - BITUMINOUS CONCRETE OVERLAY Motion made by Commissioner Wivell, seconded by Schnebly, to award the contract for bituminous concrete overlay to L.W. Wolfe Enterprises, Inc. which submitted the low responsive, responsible bid of $25.11 per ton in place for PG-64-22. Unanimously approved. BID AWARD - SALE OF USED 1986 TRANSIT BUSES Motion made by Commissioner Swartz, seconded by Iseminger, to award the contract for the sale of four (4) used 1986 transit buses for the total price of $31,444 to Transit Sales International. Unanimously approved. PUBLIC HEARING - AMENDMENT TO DRUG-FREE SCHOOL ZONE ORDINANCE The Commissioners convened the public hearing at 10:00 a.m. in order to  consider an amendment to the Ordinance entitled An Ordinance Providing for the Approval and Adoption of Maps Depicting the Location and Boundaries of Drug-Free School Zones, and Making an Official Finding and Record of the  Location and Boundaries of Such Zones. Richard Douglas, County Attorney, stated that a request was received from Richard Hawkins, principal of the school at the Roxbury Correctional Institution, to have the entire prison complex designated as a drug-free school zone pursuant to Maryland Code, Article 27, Sections 286C and 286D. Mr. Douglas stated that each of the institutions has a school qualifying under the law. He also asked that Eastern Elementary School, which was built after the adoption of the Ordinance, be designated as a drug-free school zone. The hearing was then opened for public comment. No member of the public elected to speak in favor of or in opposition to the amendment. Motion made by Commissioner Schnebly, seconded by Swartz, to amend the  Ordinance entitled An Ordinance Providing for the Approval and Adoption of Maps Depicting the Location and Boundaries of Drug-Free School Zones, and Making an Official Finding and Record of the Location and Boundaries of Such  Zones to include the State prison complex on Roxbury Road and Eastern Elementary School as drug-free school zones under the Ordinance. Unanimously approved. CITIZENS PARTICIPATION Donald Allensworth provided his views on annexation and zoning rules with regard to the annexation requested on Mt. Aetna Road. Joyce Dunn provided an update on the situations discussed with the Commissioners last week. She also reported that the developer of her subdivision will place no trespassing signs on her property. She asked about  having a no outlet sign there as well. Gary Rohrer, Director of Public Works, informed Ms. Dunn that he is compiling information from other agencies and will report to her with the information. Ms. Dunn also described problems she is having with a neighbor in her subdivision and her belief that law enforcement agencies have not properly investigated her complaints. The Commissioners directed Ms. Dunn to speak to the County Attorney for further direction.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, distributed a meeting schedule for the Commissioners for the next six months. He reminded them that a meeting with the local delegation to the General Assembly is scheduled for July 8 at 3:00 p.m. at the Miller House. Mr. Shoop stated that the annual meeting of the Local Management Board (LMB) is scheduled for June 22. BUDGET TRANSFER - COUNTY COMMUTER Motion made by Commissioner Swartz, seconded by Iseminger, to approve the request to transfer of $28,499 from the sale of buses (40-5-3000-682-045) to the fare box reporting system computer software/hardware (40-5-3000-687-013) for the County Commuter. Unanimously approved. CHANGE ORDER - VALLEY MALL SEWER RELOCATION Motion made by Commissioner Iseminger, seconded by Swartz, to approve a change JUNE 15, 1999 PAGE FOUR order with Springfield Contractors in the amount of $49,888.10 for the Valley Mall sewer relocation for six items in the project and site location changes which have occurred since the original bid award. Unanimously approved. CHANGE ORDER - WATER & SEWER DEPARTMENT Motion made by Commissioner Schnebly, seconded by Iseminger, to approve a change order in the amount of $69,153.33 with I.K. Stolzfus Service Corporation for the Conococheague Industrial Pretreatment Facility tank cleaning for final adjustment of costs above estimated quantities and additional time and materials needed to complete the job. Unanimously approved. DISCUSSION OF EXPANSION OF MEMBERSHIP - ECONOMIC DEVELOPMENT COMMISSION The Commissioners discussed the recommendation made by the Economic Development Commission (EDC) to expand its membership from 9 to 12 members. Commissioner Iseminger expressed his opposition to the recommendation and stated that he feels that larger boards do not work as well as smaller ones. The Commissioners agreed that members of any subcommittees the EDC would form would not necessarily have to be appointed members of the EDC. Mr. Shoop stated that any amendments to the EDC bylaws would require the approval of the Commissioners. PROPOSED PURCHASE OF WAREHAM BUILDING The Commissioners discussed the proposed purchase of the Wareham Building, located at 138-140 West Washington Street, and adjoining parking deck for $635,000. This proposal was heard at a public hearing held last week. Gary Rohrer, Director of Public Works, stated that he expects that this facility would meet the office space needs for the County for at least the next 10 years. Mr. Rohrer reviewed the space needs of County offices as well as the need for parking space. He stated that purchasing this facility could be accomplished without borrowing additional funds. Commissioner Schnebly stated that the proposal makes sense. He outlined several positive aspects of the facility which include the ability to expand with relatively low costs, the ability to phase-in expansion and renovation, the revenue from the rental of the other offices in the building, the parking deck, and the location which is convenient to the County Administration Building. Motion made by Commissioner Schnebly to approve the purchase of the Wareham Building, located at 138-140 West Washington Street, from JRE Properties for $635,000. The motion died for lack of a second. Mr. Shoop asked the Commissioners for direction for other options they would like the staff to explore. He made several suggestions, including leasing of space in the vicinity of the County Administration Building. The Commissioners discussed several proposals and agreed to hold a workshop session to discuss the options in more detail. REZONING TEXT AMENDMENT - RZ-98-018 Motion made by Commissioner Iseminger, seconded by Swartz, to deny rezoning text amendment RZ-98-018, submitted by Marcella M. Klinger, to eliminate the requirement of a minimum separation of 20 feet between mobile homes in mobile home parks. Unanimously approved. RECESS - LUNCH The Commissioners recessed at 11:35 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:00 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. PRESENTATION ON TRAFFIC CALMING MEASURES Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to provide information on various traffic calming measures which have been instituted in other counties in Maryland. Mr. Rohrer stated that traffic calming measures involve the intentional introduction of  hazards such as speed humps, rumble strips, or retrofitting existing roads in residential areas in residential areas to calm or discourage aggressive driving. Mr. McGee stated that the fiscal impact upon developers has not yet JUNE 15, 1999 PAGE FIVE been determined. He outlined the methods used in other counties in Maryland to retrofit the streets in existing residential developments. Mr. McGee stated that the process includes defining the stakeholders and get the community involved, using sound technical criteria, allowing for follow-up activities, establishing priorities, and determining which streets and roads are eligible. Mr. McGee informed the Commissioners that staff has developed a draft policy for incorporating design standards for traffic calming measures in new subdivisions. Mr. McGee reviewed several techniques used for traffic calming which include chokers, mini-roundabouts, raised intersections, and speed humps. He cited the areas of Preston Road and St. James School which they would like to pursue as test cases. The staff would then review the results with the Commissioners. At that time the staff will also discuss the new design standards and the costs involved. He explained that the costs would include manpower, maintenance, installation and removal, which are not budgeted for Fiscal Year 2000. Other entities such as fire and rescue, law enforcement, and the highway department would also be consulted regarding the possible impacts of such a policy. The Commissioners discussed the information presented by Mr. McGee and Mr. Rohrer and asked them to proceed with the test cases and review their findings with them. WATER & SEWER ADVISORY COMMISSION - ELECTION OF OFFICERS Commissioner Wivell informed the Commissioners that the Water & Sewer Advisory Commission elected new officers. The Chairman will be Christopher Diehl and Vice-Chairman is Glenn Fishack. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 1:55 p.m. to discuss personnel issues and to consult with counsel to obtain legal advice, 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 Schnebly, seconded by Swartz, to reconvene in open session at 3:21 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel issues and consulted with counsel to obtain legal advice on one (1) matter. 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; Karen Luther, Purchasing Agent; Robert Graff, Facilities Administrator; Alan Davis, Director of Human Resources; Gary Rohrer, Director of Public Works; Dan Seiler and Dave Creamer; James LaFleur, Executive Director of PenMar Development Corporation (PMDC); and Steve Hull, PMDC Board member. JANITORIAL CONTRACT AT COUNTY FACILITIES Motion made by Commissioner Iseminger, seconded by Swartz, not to renew the contract with Busy Broom, Inc. for janitorial services at County facilities when it expires on June 30, 1999, based upon the recommendations of staff and to rebid the contract for these services. Motion carried with Commissioners  Iseminger, Swartz, Schnebly and Snook voting AYE, and Commissioner Wivell  voting NO. APPOINTMENT TO PENMAR DEVELOPMENT CORPORATION - BOARD OF DIRECTORS Motion made by Commissioner Schnebly, seconded by Iseminger, to appoint the following individuals to the PenMar Development Corporation (PMDC) Board of Directors for four-year terms: J. Edward Beck, Jr., Valerie Dick, Kenneth M. Jones, Christopher Kline, Terry Randall, and William Wivell. Unanimously approved. RECESS The Commissioners recessed at 3:30 p.m. in order to attend a joint meeting with the Hagerstown Mayor and City Council at City Hall JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members William Breichner, Susan Saum-Wicklein, and Wallace McClure, at City Hall at 4:00 p.m. JUNE 15, 1999 PAGE SIX Gods and Generals - Request to Extend Financing Robert Ernst, representing Farmers & Merchants (F&M) Bank, provided an update on the status of the financing of pre-production and screenplay costs for the  film Gods and Generals. He stated that they are requesting an extension of the line of credit. Antietam Filmworks has kept the interest payments current and expects to have financing in place in the next three to six months. Mr. Ernst noted that the borrowers have been requested to provide an update to F&M Bank and the City and County. The City Attorney received a draft copy of the screenplay in response to a joint request and has shared it with the County Attorney. Commissioner Schnebly stated that he would agree to the extension as long as Antietam Filmworks provides a projection as to when the project will come to fruition. After discussion, it was the consensus of the group to grant a 90-day extension of the line of credit. Request for Funding - Community Free Clinic The Commissioners reviewed a request made by the Community Free Clinic (Clinic) for the City and County to provide annual funding to them for the next ten years in the range of $20,000 to $50,000 per year. Dr. Martin Gallagher, President of the Board of Directors of the Clinic, and Lorri Rice, Clinic Director, reviewed the services the Clinic provides to the community. Donovan Bachtell, Bachtell & Co., accountants for the Clinic, informed them that they have a deficit through May in the amount of $58,000. Dr. Gallagher explained that the Clinic seems to have a period of fiscal crisis on a quarterly basis and he is hoping that the City and County would provide a set amount for them to budget. Ms. Rice stated that they receive monies from the Gaming Commission and conduct fund-raising activities. Commissioner Schnebly stated that the Clinic should explore a long-term solution and expand its fund-raising abilities through its executive leadership. Councilwoman Saum- Wicklein asked to see the current financial statements of the Clinic to allow both the City and County financial directors to review the information. The request was taken under consideration. Councilperson Lewis Metzner arrived at 5:05 p.m. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in a joint closed session at 5:05 p.m. with the Hagerstown Mayor and City Council to consider the 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 Schnebly, seconded by Iseminger, to reconvene in open session at 5:30 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) matter 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., John L. Schnebly, and William J. Wivell. Also present were Mayor Robert Bruchey, and City Council members William Breichner, Susan Saum-Wicklein, Wallace McClure, and Lewis Metzner. Staff present were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Bruce Zimmerman, City Administrator; and Gann Breichner, City Clerk. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Schnebly, to adjourn at 5:30 5:23 p.m. Unanimously approved. County Administrator County Attorney , Clerk