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HomeMy WebLinkAbout990713 July 13, 1999 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 7:30 a.m. by 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. 3333 CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in closed session at 7:30 a.m. to discuss a personnel issue, 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 Wivell, to reconvene in open session at 7:49 a.m. Unanimously approved. In closed session, the Commissioners considered one (1) personnel issue. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; and Alan Davis, Director of Human Resources. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rodney Shoop, County Administrator, followed by the Pledge of Allegiance to the Flag by the full assemblage. CONTRACT - CONCERT SERIES AT PENMAR PARK Howard Burns, Vice President, and James Powers, Secretary/Treasurer of American Federation of Musicians, Local 770, informed the Commissioners that of their role in scheduling the bands for the Sunday concert series at PenMar Park. Mr. Powers provided information on the past arrangement with the Recreation & Parks Department for their services and the changes made this year. He asked for clarification of the contract and stated that they are not comfortable with the details. Commissioner Snook suggested that he meet with the County Attorney to resolve these issues. BID AWARD - CONTRACT SERVICES AT FOUR TRANSFER STATIONS & ON-SITE AT RESH LANDFILL Motion made by Commissioner Schnebly, seconded by Iseminger, to award the contract for services at four transfer stations and on-site at Resh Landfill to Waste Management of Shenandoah Valley which submitted the low responsive, responsible bid of $208,568 plus the cost for the performance/payment bond in the amount of $1,500. Unanimously approved. SIGN ORDINANCE OVERVIEW Paul Prodonovich, Director of Permits & Inspections, recommended that the Commissioners consider revising the section of the Zoning Ordinance with regard to signs. He reviewed the current regulations for each type of signs including freestanding signs, signs attached to buildings, portable signs,outdoor advertising signs, permanent residential signs, and signs permitted without zoning permits. The Commissioners asked Mr. Prodonovich to compile a list of his recommendations for amendments regarding signs for their consideration. They agreed to review the recommendations before deciding whether to sponsor an amendment to the Zoning Ordinance for public hearing. 140TH ANTIETAM COMMEMORATIVE REENACTMENT Robert Arch, Director of Planning & Community Development, requested authorization to begin preliminary development for the 140th commemorative reenactment of the Battle of Antietam which would be held in 2002. Mr. Arch reviewed what the preliminary development plans would entail and the site selection process. Motion made by Commissioner Swartz, seconded by Wivell, to authorize the  Countys Department of Planning & Community Development to assist with the preliminary development planning for the 140th commemorative reenactment of the Battle of Antietam. Unanimously approved. RENTAL ALLOWANCE PROGRAM (RAP) TO WORK INITIATIVE Glenda Helman, representing the Community Action Council (CAC), informed the  Commissioners that a new initiative RAP to Work is being offered on a JULY 13, 1999 PAGE TWO competitive basis to local jurisdictions. She explained that this new program would be a collaborative effort between the local administering agency (CAC)and the Department of Social Services (DSS). Ms. Helman stated that the additional funding will benefit families moving from welfare to work. She urged the Commissioners to apply for an additional $57,630 in RAP funds under this initiative and explained how the funding would be used. Motion made by Commissioner Swartz, seconded by Iseminger, to submit an application to the State for an additional $57,630 in Rental Allowance Program (RAP) funds through the RAP to Work Initiative. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the ground breaking ceremony for the new District Court facility will be held on Thursday. He stated that a workshop meeting with the Board of Education will be held on Thursday at 3:00 at the North High Resource Center. Mr. Shoop informed the Commissioners that a tentative date of August 27 has been set for a meeting of the Western Maryland County Commissioners to be held in Carroll County. He stated that Dr. Parker, Health Officer, is hosting a group of Chinese local government officials at a luncheon today. The Commissioners suggested that John Howard, Director of the Economic Development Commission, represent them at the luncheon. RE/APPOINTMENTS - SOLID WASTE ADVISORY COMMITTEE Motion made by Commissioner Iseminger, seconded by Swartz, to appoint Lawrence Baldwin to the Solid Waste Advisory Committee for a three-year term, to reappoint Michael Hoehn, and to waive the policy regarding two consecutive appointments to allow the reappointment of John Clopper for a three-year term. Unanimously approved. UPDATE - AGRICULTURAL LAND PRESERVATION PROGRAM EASEMENT RANKING SYSTEM Eric Seifarth, Farmland Preservation Coordinator, reviewed the proposed ranking system for farmland preservation easements as developed by the Agricultural Land Preservation Study Committee. He stated that the 100- point evaluation system will decide the order of ranking and payment for applications to the Maryland Agricultural Land Preservation Program. Mr. Seifarth explained that the proposed ranking system will assign points for agricultural and development status. The Study Committee is recommending the change in the ranking system to designate that 90 percent of the points be allocated for agricultural status and 10 percent for development pressure.  Mr. Seifarth reviewed the States policy for selection of easements and the changes made to the system. Steve Ernst, Chairman of the Agricultural Land Preservation Advisory Board, explained that the Advisory Board hopes the  changes made in the ranking system will increase the blocks of agricultural land being preserved. He thanked Commissioners for their support of agricultural land preservation. Motion made by Commissioner Swartz, seconded by Schnebly, to approve the revised easement ranking system for the Agricultural Land Preservation Program as submitted and to submit it to the State for approval. Unanimously approved. COMPREHENSIVE REZONING CASE RZ-96-5.1 (I-70 & MD 68 HIGHWAY INTERCHANGE AREA) Robert Arch, Director of Planning & Community Development, reviewed the background of rezoning case RZ-96.5.1 (I-70 and Maryland Route 68 interchange) which is part of the comprehensive rezoning of interchange areas in the County. Mr. Arch also reviewed the map outlining the interchange and the recommended zoning classifications on the site. Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the Ordinance to Adopt Comprehensive Rezoning Case RZ-96-5.1 (Interstate 70 and MD 68) and to adopt the findings of fact as presented, which were found to be compatible with the goals and objectives of the Comprehensive Plan. Unanimously approved. (A copy of the ordinance and findings of fact are attached)  COMMISSIONERS REPORTS AND COMMENTS Commissioner Iseminger reported on the Planning Commission meeting. Commissioner Wivell reported on the Water & Sewer Advisory Commission meeting and the meeting of the Board of Directors of the PenMar Development JULY 13, 1999 PAGE THREE Corporation. He informed the Commissioners that he attended the Volunteer  Fire & Rescue Associations annual picnic. He stated that he also participated in the training exercises of the Halfway Volunteer Fire Company. Commissioner Swartz reported on the meeting last week with Senator Mikulski and the meeting with the local delegation to the General Assembly. He also reported on the Area Agency on Aging Board meeting and the Homelessness Task Force. Commissioner Swartz informed the Commissioners that he attended a birthday party for the Lieutenant Governor. Commissioner Schnebly reported on the Economic Development Commission meeting. He stated that he and Commissioner Iseminger met with Randy Harper of the Antietam Creek Coalition to discuss the proposed Civil War museum and the issues related to financing and prequalification of the collection. Commissioner Snook reported that he received correspondence from the Department of Transportation which is appropriating $131,000 for the Hagerstown Urbanized Area in FY 2000. He distributed a letter from Mrs. Stottlemyer of the Clear Spring Library Committee. Commissioner Snook stated that the Commissioners have been invited to participate in the reenactment of the Battle of South Mountain on September 11. He indicated that notification was received from the City of Hagerstown regarding a public hearing for a zoning appeals case. Commissioner Snook stated that he received a letter from the Department of the Environment regarding a  favorable report which the Countys Department of Permits & Inspections received from them during a recent site visit. PUBLIC HEARING - PROPOSED CHANGES TO ENVIRONMENTAL HEALTH FEES The Commissioners convened a public hearing at 10:08 a.m. in order to hear comments on proposed changes to the fees for services from the Environmental Health Division of the Washington County Health Department. At this time the meeting was opened for public comment. Rod MacRae, Director of the Environmental Health Division, stated that the fees were determined by the Advisory Commission to the Board of Health. Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the proposed fee schedule for Environmental Health to become effective July 23, 1999. Unanimously approved.  CITIZENS PARTICIPATION  Jane Burhans spoke in support of Commissioner Swartzs proposal to place a plaque with the Ten Commandments in front of the Court House. Edward French complained about high property taxes for senior citizens. Commissioner Iseminger stated that the Commissioners have considered a proposal to establish a homestead tax credit to help provide relief to senior citizens who own property. John Himes asked about commercial properties which want to hook onto the sewer line in the Sandy Hook area. He stated that he heard that there is a motel proposed for development in the area. Commissioner Snook stated that he will try and find out if there is development proposed in the area and contact him. TEN COMMANDMENTS PLAQUE - COURT HOUSE Dick Renner appeared before the Commissioners to request that they consider allowing a plaque of the Ten Commandments to be placed in front of the Washington County Court House. Mr. Renner provided information from  Freedom Under Fire regarding religious displays on public property and cited his beliefs in support of this request. Commissioner Swartz informed the Commissioners that this project was an initiative of Mrs. Jeannette Rutledge proposed in memory of her late husband, Judge Irvine Rutledge. He expressed his support and asked that the Commissioners agree to hold a public hearing on the request. Commissioners Iseminger and Schnebly cited  historical information on Marylands history and its philosophy of religious tolerance for all religions. Commissioner Schnebly stated that there are a number of sites to place the Ten Commandments other than public buildings. Commissioner Wivell stated that he supports the request although he has some unresolved issues about providing equal space for religions that do not espouse the Ten Commandments. At this time Commissioner Snook opened the meeting for public discussion. JULY 13, 1999 PAGE FOUR Sidney Bloom stated that he is dismayed at the request to place the Ten Commandments at the Court House and believes that it would violate the First Amendment rights and violate the principle of the separation of church and state. Ron Stansberry stated that he feels the Ten Commandments belong in  the Court House. Vince Delaposta stated that the term separation of  church and state is not in the Constitution. He indicated that the Ten Commandments are rules and do not advocate one particular religion. Lorraine Deseati expressed her view that the poor condition of the schools today is in part because the Ten Commandments were taken out of public schools. Jane Burhans spoke on behalf of the request and stressed the need to provide guidance to children and to get rid of racial hatred. She stated that the Ten Commandments would remind people of the rules. Commissioner Snook provided the past history of this issue. He stated that this is an issue which should be decided by the courts. Richard Douglas, County Attorney, provided information on the risk of litigation which would ensue and noted that the representations in a Ten Commandments plaque are distinctly religious in nature. He cited specific court cases similar in nature which held that it was unconstitutional. Motion made by Commissioner Swartz, seconded by Wivell, to approve the request to allow a plaque displaying the Ten Commandments to be erected in front of the Washington County Court House. Motion denied with  Commissioners Swartz and Wivell voting AYE and Commissioners Iseminger,  Schnebly, and Snook voting NO. RIGHT-TO-KNOW TOXIC RELEASE INVENTORY Bill Mann, Director of Local Government Affairs at Allegheny Power, along with Dave Huhn and Scott Shields from Allegheny Power, appeared before the Commissioners to provide them with information on the latest emissions reporting requirements mandated by the Environmental Protection Agency (EPA) as part of the Emergency Planning and Community Right-to-Know Act of 1986. Mr. Mann stated that certain industries identified by the EPA must provide an annual report or toxic release inventory (TRI) regarding the amount of chemicals which are released into the environment. He provided data on the amounts of certain metals and gases which are released by coal during combustion at each power station owned by Allegheny Power. After questions and discussion of the information presented, the Commissioners thanked them for the presentation. APPROACHES RELATIVE TO GOVERNMENT EFFICIENCY & COST SAVINGS Frank Ryan, management consultant, appeared before the Commissioners to discuss various approaches relative to government efficiency and cost savings. Mr. Ryan outlined recent approaches on re-engineering as it relates to governmental agencies. He stated that he has found that there is a significant parallel in the private and public sectors. Mr. Ryan indicated that government agencies need to adapt to the market conditions and cited his work in Allegany County with their Economic Development Commission. He suggested that the County look at commercially reasonable standards as well as the management processes used by other states. The Commissioners thanked Mr. Ryan for meeting with them. APPROVAL OF MINUTES - JUNE 29, 1999 Motion made by Commissioner Iseminger, seconded by Schnebly to approve the minutes of June 29, 1999, as amended. Unanimously approved. RECESS - LUNCH WITH MACO OFFICIALS The Commissioners recessed at 12:10 p.m. for a luncheon with David Bliden, Executive Director of the Maryland Association of Counties (MACo), and Murray Levy, President of MACo. (Commissioners Iseminger and Snook were excused from the meeting at this time.) JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members William Breichner, Susan Saum-Wicklein, Al Boyer, and Wallace McClure, at City Hall at 4:00 p.m. Funding for Arts & Entertainment (A&E) District Charles Sekula, Co-Chair of the Arts & Entertainment Subcommittee of the Chamber of Commerce, met with the group to discuss funding for a concept plan for the proposed A&E District. Mr. Sekula stated that the estimated JULY 13, 1999 PAGE FIVE cost to develop the three phases of the plan will be $70,000. He informed the Commissioners that the City has appropriated $8,000 for this plan, $12,000 has been raised in private donations, with $20,000 in grant funding. Mr. Sekula requested that the County contribute the remaining $25,000 needed to fund the concept plan. Robert Arch, Director of Planning & Community Development, informed the Commissioners that the grant application could be transferred to the City for administration. It was agreed that the County would provide the funding directly to the City to allow them to oversee this project. Motion made by Commissioner Schnebly, seconded by Wivell, to approve the request to provide $30,000 to the City of Hagerstown to assist in funding the concept plan for the proposed Arts & Entertainment District, subject to the distribution procedure being resolved. Unanimously approved. Discussion of Proposed Civil War Museum Dennis Frye introduced Randy Harper, a principal in the Antietam Creek Coalition. The Coalition has requested that the City and County contribute a total of $100,000 for preparation of a report for the initial application to the affiliations program of the Smithsonian Institution for location of a Civil War museum in Hagerstown. Mr. Harper outlined the project. He projected that it would cost $30-40 million to complete and would require a 60-80,000 square foot facility. Mr. Harper estimated that initially there would be approximately 200,000 visitors annually. The Commissioners discussed the financing for the project. Commissioner Schnebly stated that the Commissioners would like to have a greater comfort level with the process. He indicated that he would like to know more about the components of the Antietam Creek Coalition and an understanding of the credentialing process used by the Smithsonian Institution. Commissioner Schnebly suggested that a small committee be appointed to review these issues before the Commissioners decide to appropriate the funding. Mr. Frye emphasized the need for expediency in making a decision. He stated that there are other parties interested in displaying the collection owned by the Smithsonian. The proposed location of the museum was discussed. Mr. Frye indicated that the downtown area would make sense because of the existing infrastructure  and the possibility of using Smart Growth funding. Councilwoman Susan Saum-Wicklein stated that the City has State grant funding in the amount of $25,000. After discussion, it was the consensus of the City Council to support funding $37,500 or one-half the amount needed to proceed with the feasibility study. They agreed to formalize this in the form of a motion at their next regular meeting and to proceed with the grant application to the State. It was the consensus of the Commissioners to discuss this again at their meeting on July 20 and to proceed in forming a committee to provide additional background information. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 5:15 p.m. Unanimously approved. County Administrator County Attorney , Clerk