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HomeMy WebLinkAbout990810 August 10, 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. 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 - JULY 27, 1999 AND WORKSHOP MINUTES JULY 6,8 & 15, 1999 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of July 27, 1999, as submitted and the minutes of workshops on July 6, 8 and 15, 1999. Motion carried with Commissioners Iseminger, Swartz,  Schnebly, and Snook voting AYE and Commissioner Wivell ABSTAINING. PRESENTATION OF IDEA AWARD - ROGER HILL Rodney Shoop, County Administrator, presented a certificate of merit to Roger Hill of the Department of Highways, as the recipient of the Innovative, Dedicated Employee Award (IDEA) Program Award for the quarter. Mr. Shoop stated that Mr. Hill was nominated by Public Works Director Gary Rohrer for his innovative design and fabrication of heavy equipment modification which have saved the County more than $11,000 over a seven-year period. Mr. Hill designed and built three attachments for industrial lift trucks which have saved personnel hours, improved productivity and promoted safe operations in the department. Mr. Shoop noted that none of the attachments are available for commercial purchase and that approval was obtained from the manufacturer. All designs were approved by professional  engineers for the three as built tools. He stated that the award consists of a $500 check and an additional personal day. Mr. Hill thanked the Commissioners for the award. Commissioner Shoop thanked Mr. Hill for his hard work and dedication. Mr. Hill thanked the Commissioners for the award.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Swartz stated that he and Commissioner Schnebly taped a segment of WHAG-TV Viewpoint. He reported on the grand opening of the new Phoenix Color facility. Commissioner Swartz informed the Commissioners that he visited with employees at the County Commuter. He also reported on the Local Management Board (LMB) press conference, the Rocky Gap music festival, and the Task Force on Homelessness meeting. Commissioner Swartz stated that he visited with a constituent who was concerned about the debris in Marsh Run. He suggested using prison crews to clean up the area. Commissioner Swartz introduced Mr. Werking who voiced his concerns about the prison inmates receiving eye glasses and other medical benefits which are paid for by the County. Commissioner Schnebly informed the Commissioners that he and members of the Economic Development Commission staff showed several sites to a prospect interested in locating in the County. He also reported on the meeting of the Joint City/County subcommittee on water and sewer issues. Commissioner Wivell stated that he and Commissioner Iseminger attended the recent Eagle Scout ceremony. He also reported on the meeting of the Board of Directors of the PenMar Development Corporation. He assured the Commissioners that he would provide them with the letter he submitted to the editor of the Herald-Mail regarding water and sewer initiatives. Commissioner Wivell discussed the cross-appeal of rezoning case RZ-98-17 which was filed by H.B. Mellott Estate, Inc. Commissioner Iseminger reported on the Planning Commission meeting as well as the Eagle Scout ceremony. He stated that he also attended Ag Expo. Commissioner Snook noted various articles of interest in the Quad-State Business Journal. He reminded the Commissioners that the meeting of the Western Maryland County Commissioners is scheduled for August 27 in Carroll County. He asked that the staff check on a letter he received from the Zoning Appeals Board for 960 Northern Avenue. Commissioner Snook noted that Leadership Hagerstown will be announcing the appointment of a new director in the near future. He asked for a clarification of the water restrictions imposed by the Governor. Rodney Shoop, County Administrator reviewed the restrictions and the process used to obtain a waiver. Commissioner Snook complimented the Engineering Department staff on the progress of the Hopewell Road expansion project. AUGUST 10, 1999 PAGE TWO UPDATE ON LANDFILL PROJECTS Terry McGee, Chief Engineer; Joe Kroboth, Assistant Chief Engineer; Robert Davenport, Director of Solid Waste Management; and Gary Rohrer, Director of Public Works, met with the Commissioners to provide an update on various landfill projects. Mr. Kroboth stated that there are several significant solid waste management projects underway. He indicated that the construction of the access road and bridge to the 40 West Landfill is on schedule and making good progress. Mr. Kroboth estimated that the bridge should be completed in June 2000 and ready for use by September 1. He informed the Commissioners that the application is complete for the refuse disposal permit from the Maryland Department of the Environment, and they are ready to begin processing. Mr. Kroboth reviewed other items to be addressed including the status of the cemetery located on the landfill site. He reviewed the process and stated that the County must enter into a Memorandum of Agreement (MOA) with the Army Corps of Engineers and the State Historic Preservation Office before permission is granted to move the remains to Rose Hill Cemetery. Mr. Kroboth stated that they hope to have Cell #1 ready by September of next year. The estimated life of the cell is three to five years. He provided information on the construction of the berm which will provide screening for the area. Mr. Davenport provided information on the status of the construction of Cell N-2 at the Resh Road landfill. He stated that Cell N-3 has capacity for a few months but they are on a tight schedule. Mr. Davenport noted that the contractor is slightly behind schedule on cell N-2 but is making good progress. Mr. Davenport also reviewed the contingency plan to transport waste to another landfill if necessary. The Commissioners asked that the Solid Waste Advisory Committee review possible uses of rubble landfill facility after it is closed as well as any adjustment of fees which may be needed. The Commissioners discussed the tight schedule for the project. Mr. Rohrer noted that the new landfill will provide 80+ years of capacity. REVOLVING LOAN FUND REQUEST - VOLUNTEER FIRE & RESCUE ASSOCIATION Dean Lowry, Real Property Administrator, appeared before the Commissioners to provide them with an appraisal of the property at 1601 Pennsylvania Avenue which the Washington County Volunteer Fire & Rescue Association (WCVFRA) wishes to purchase using County funds. Mr. Lowry stated that the appraisal supports the purchase price of the property. He also informed the Commissioners that the property is not located in a flood plain and that the City has granted a special exception. Mr. Lowry stated that the building is in excellent condition. He also reviewed some alternative sites. The Commissioners discussed the information provided and the request made by the WCVFRA for $120,000 which was presented at the July 27 meeting. Rodney Shoop, County Administrator, reviewed a memorandum from the County Attorney stating that the County lacks the authority to give a loan to the WCVFRA through the revolving loan fund. Mr. Lowry recommended that the Commissioners include a clause that the property would revert to the County upon sale. Motion made by Commissioner Schnebly, seconded by Wivell, to grant a loan to the Washington County Volunteer Fire & Rescue Association in an amount not to exceed $120,000 to assist in the purchase of property for their office facilities at 1601 Pennsylvania through the provisions of Section 108 and utilizing the same terms and conditions of the Fire & Rescue Revolving Loan Fund. The funds will be taken from cash reserves and the deed is to include a reverter clause. Unanimously approved. NAME CHANGE - COMPUTER INFORMATION SERVICES Ronald Whitt, Director of Computer Information Services (CIS), met with the Commissioners to request that the name of the department be changed to Information Technologies (IT). Mr. Whitt explained that the acronym CIS  causes confusion with the PeopleSoft product Customer Information System. The name change will eliminate confusion and provide an updated standard identification for the department. Motion made by Schnebly, seconded by Iseminger, to approve the changing the name of Computer Information System to Information Technologies as requested by the department head. Unanimously approved. ECONOMIC DEVELOPMENT COMMISSION - REQUEST TO EXPAND BOARD Suzanne Downey Hayes, Chairperson of the Economic Development Commission AUGUST 10, 1999 PAGE THREE (EDC), along with Tom Newcomer and Charlie Shindle, EDC members, met with the Commissioners to request approval of an ordinance to expand the size of the EDC from nine to twelve members. Ms. Hayes stated that the EDC has undertaken an aggressive program over the past year and it is necessary to increase the membership to handle the additional workload. Commissioner Iseminger expressed concerns about the request and stated that he is philosophically opposed to having large commissions. He suggested that they use subcommittees rather than appoint additional members. Ms. Hayes recommended that the County Commissioners, City of Hagerstown and Greater Hagerstown Committee each appoint one additional member. The Commissioners discussed the request. Motion made by Commissioner Swartz, seconded by Schnebly, to approve the ordinance amending the ordinance establishing an Economic Development Commission to expand it to 12 members with a stipulation that it be reviewed in one year. Motion carried with Commissioners Swartz, Schnebly, Wivell and  Snook voting AYE and Commissioner Iseminger voting NO. BID AWARD - JANITORIAL SERVICES Motion made by Commissioner Schnebly, seconded by Iseminger, to award the contract for janitorial services for the District Court Building, Court House and Annex and County Administration Building (Section I) to Global Service Corporation which submitted the lowest responsible, responsive bid in the amount of $123,302.40 annually and for servicing the Solid Waste  Departments Resh Road Landfill and Rubble Landfill locations to Hagerstown Goodwill Industries in the amount of $3,528 annually. The terms of the contracts are for one year with two one-year renewal options. Motion carried  with Commissioners Schnebly, Iseminger, and Snook voting AYE and  Commissioners Swartz and Wivell voting NO.  CITIZENS PARTICIPATION Donald Allensworth commented on the proposed annexation on Mt. Aetna Road and the rules for annexations. Eric Seifarth, Farmland Preservation Coordinator, provided the Commissioners with a summary of the items discussed at a recent meeting on the drought conditions. He listed areas in which the County may be able to assist. Jerry Ditto, Farm Bureau President, stated that the Farm Bureau is negotiating for the transportation of hay from Wisconsin at this time. The Commissioners asked Mr. Seifarth to prepare a letter to the local Delegation to the General Assembly and Governor Glendening requesting mobilization of the National Guard to assist the Farm Bureau. He also suggested that the Farm Bureau check with Volunteer Fire & Rescue Association regarding procedures for getting volunteer fire companies to help with water distribution. Jim Schlossnagle suggested that an emergency number be established for farmers to call for assistance. Jerry Ditto voiced his concerns on the modifications that the Governor has made to the water restrictions. He stated that he hopes that the Commissioners will reconsider their support of these restrictions.  COUNTY ADMINISTRATORS COMMENTS Mr. Shoop informed the Commissioners that the Black & Veatch staff can make a presentation to them to review the methodology used for the water and sewer billing near the end of September. He stated that it will cost approximately $5,000 and requested permission to take this from the  Commissioners Contingency Fund. After discussion, the Commissioners took this under consideration. Commissioner Wivell stated that he would present it to the Water & Sewer Advisory Committee at their meeting next week. CHANGE ORDER - VALLEY MALL SEWER Motion made by Commissioner Iseminger, seconded by Wivell, to approve the budget transfer of $185,000 from the Massey Boulevard Extended project (40- 5-1310-585-098) to the Valley Mall Sewer Project (40-5-0100-584-175) in the amount of $40,000 and to the Cole Road Relocated project (40-5-1310-585-097) in the amount of $145,000 and a developer contribution of $542,000 for the Cole Road Relocated Project. Unanimously approved. APPOINTMENT - AREA AGENCY ON AGING ADVISORY COUNCIL Motion made by Commissioner Swartz, seconded by Wivell, to appoint Terry Marshall to the Area Agency on Aging Advisory Council to fill the unexpired term of John Costopoulos which expires on January 31, 2001. Unanimously approved. AUGUST 10, 1999 PAGE FOUR  DISCUSSION OF THE GOVERNORS DROUGHT RESTRICTIONS The Commissioners discussed the recent water restrictions imposed by the Governor in light of the drought conditions and other possible steps they could take. They agreed to talk to the Board of Education regarding the watering of athletic fields. Mr. Shoop read a statement of support for the Mandatory Drought Emergency Executive Order issued by the Governor for the  Commissioners consideration, endorsing the restrictions as they apply to County government as to conservation of water resources and fire safety. Motion made by Commissioner Swartz, seconded by Iseminger, to endorse the Statement of Support for the Mandatory Drought Emergency Executive Order issued by Governor Parris Glendening. Unanimously approved. (A copy of the statement of support is attached.) REAL ESTATE PROPERTY TAX CREDITS - RURITAN & CIVIC ORGANIZATIONS & ENTERPRISE ZONES Todd Hershey, County Treasurer, and Tom Riford, Marketing Specialist for the Economic Development Commission, reviewed each of the types of credits  allowed under the States Authorization to Write Off Uncollectible Taxes. He stated that several types of credits are allowed for Ruritan clubs and civic organizations, special economic development credits, payment-in-lieu- of-taxes, and enterprise zone tax credits. The Commissioners discussed the credit listed for Rohr Industries c/o BF Goodrich and asked that they be removed from the list for not meeting their contractual obligation to obtain tax credit. Motion made by Commissioner Schnebly, seconded by Swartz, to approve the abatement of personal property taxes for companies who made payments in lieu of taxes and for the listed Ruritan clubs and civic organizations, in accordance with Tax-Property Article, Section 4-401 and Section 7-204 of the Annotated Code of Maryland, as amended, to remove Rohr Industries, as submitted by the County Treasurer. Unanimously approved. (Copy of list attached.) HISTORICAL TRUST - UPDATE Pat Schooley, representing the Washington County Historical Trust, appeared before the Commissioners to provide an update on historical preservation in the County and to make the following recommendations to them: 1) that a minimum of one representative from the Historic District Commission be present at preliminary consultations; 2) that a distinctively colored sandwich board be placed on the subject property in rezoning cases; and 3) that all boards list the names and votes taken on each issue. Ms. Schooley also recommended that the County not sell the Ditto Knolls property unless it attaches historic preservation stipulations to the sale. Robert Arch, Director of Planning & Community Development, stated that he would need to determine whether there are any legal requirements before the recommendations are adopted because they may require amendments to the ordinance. Ms. Schooley stated that the Historical Trust would hope to be included in development of the comprehensive plan. She also asked that the Commissioners consider sending a letter to the Governor in support of historic preservation projects. Motion made by Commissioner Wivell, seconded by Swartz, to adopt the recommendations presented by the Washington County Historical Trust as presented. Unanimously approved. INTERSTATE INDUSTRIAL PARK - STORMWATER MANAGEMENT Terry McGee, Chief Engineer, met with the Commissioners to discuss stormwater management for the Interstate Industrial Park. Mr. McGee reviewed the problems with the existing stormwater management pond and recommended that the Commissioners authorize him to proceed with the design and construction of a new pond. He stated that the adjacent property owner, Bowman Development, has indicated that they would participate in the reconstruction in exchange for a property transfer. Mr. McGee then reviewed the three options developed for the stormwater management pond and the cost estimates for each option. He informed the Commissioners that this would require an additional appropriation of $85,000 in the FY 01 Capital Improvements Program budget in addition to the $150,000 currently in the CIP for a total project of $235,000. Motion made by Commissioner Iseminger, seconded by Schnebly, to approve Layout #3 for stormwater management at the Interstate Industrial Park, to appropriate an additional $85,000 for the Fiscal Year 2001 budget, and to proceed with property transfers, as recommended by the Chief Engineer. AUGUST 10, 1999 PAGE FIVE Bowman Development will be responsible for all construction costs in excess of those for Layout 1. Motion carried with Commissioners Schnebly, Iseminger, Swartz, voting  AYE, Commissioner Wivell voting NO and Commissioner Snook ABSTAINING. RECESS - LUNCH The Commissioners recessed at 12:12 p.m. for lunch. The afternoon session will a meeting with the Board of Education at the Maugansville Elementary School. JOINT MEETING WITH BOARD OF EDUCATION - MAUGANSVILLE ELEMENTARY SCHOOL The Commissioners met with the Board of Education at the Maugansville Elementary School at 1:30 p.m. The following members of the Board of Education were present: Edwin Hayes, B. Marie Byers, Dori Nipps, Mary Wilfong, and Herbert Hardin. 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. Capital Improvement Plan Adjustment  Dennis McGee reviewed the funding for the CIP budget and the Boards request to move funding for projects from the FY 2003 budget to the FY 2001 budget for the Clear Spring Elementary School project. He stated that this would cause the Salem Avenue and Maugansville projects to be postponed for one year. He then reviewed the plans for Maugansville Elementary School. Debra Bastian, Director of Finance, informed the Commissioners that under the bond covenants the projects must be completed within 18 months from the date the funds are disbursed. Commissioner Snook asked that they make sure that the project is on schedule so that the bond covenants are not violated. Motion made by Commissioner Schnebly, seconded by Iseminger, to approve modifying the Capital Improvement Program (CIP) budget to transfer $250,000 from FY 2003 to FY 2001, with the intention that the advance will be funed with bond proceeds. Unanimously approved. Proposed Discussion Topics for 1999-2000 Teresa Flak informed the Commissioners that she has developed a calendar of suggested topics for discussion through June of 2000. Commissioner Schnebly stated that he hopes they can develop some accountability in the school system and establish County standards to coincide with the State standards.  Dr. Bartlett stated that Maryland is on the cutting edge of standards. Commissioner Schnebly stated that more community support will come if rigorous goals are established for college-bound students. Mr. Hardin cautioned against over-testing students and stated that the teachers are overburdened by preparing for the testing they have now. Also discussed was the establishment of benchmarks. The Commissioners asked the Board members about their policy for watering the athletic fields with regard to the water restrictions imposed by the Governor. Dr. Bartlett stated that they have received a waiver to water the fields but are keeping it to a minimum. At this time the Commissioners were taken on a tour of Maugansville Elementary School. RECESS The Commissioners recessed at 2:55 p.m. in order to attend a meeting with the Hagerstown Mayor and 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, Al Boyer, and Lewis Metzner at City Hall at 4:00 p.m. Proposed Civil War Museum Tim Troxell spoke on behalf of the Civil War Museum Committee which was assigned to research the proposed Civil War museum project. He stated that other members of the committee were Deborah Everhart, Kathleen Maher, Ben Hart, and Merle Elliott. Also present was Dennis Frye, a member of the Antietam Creek Coalition. Mr. Troxell provided information on the research done on the Antietam Creek Coalition. He stated the members of the Coalition have indicated that they will commit $100,000 of in-kind services AUGUST 10, 1999 PAGE SIX toward the feasibility study. Mr. Troxell also reviewed the affiliation process used by the Smithsonian Institution. He provided information on the charges provided from other museums which are similar in scope to the proposed Civil War Museum. Mr. Elliott reviewed the necessary financing. He stated that the Coalition needs to address certain issues including available grants and  contributions. He stated that the Committees pro forma operating projections show a $17 million shortfall if bond financing is utilized. Dennis Frye indicated that there would be a good possibility that they could obtain Smart Growth funding for this project. He stated that if they receive approval from the Smithsonian Institution, they will then try to obtain bond funding to proceed with the project. Commissioner Iseminger stated that he still has questions he would like to have answered before he agrees to commit funding for the feasibility study. He stated that he would like to discuss the project with the County Attorney to see if they can legally fund this study without a request for proposal being sent to other groups. The group discussed the information contained in the study and  whether the project would have a negative impact on the Countys bond rating. Motion made by Commissioner Schnebly, seconded by Swartz, to appropriate $37,500 from the money budgeted for downtown redevelopment to proceed with Phase I of the feasibility study for the Civil War Museum with the understanding that it is to examine equity funding and other issues raised by the committee. Motion carried with Commissioners Schnebly, Swartz, and  Snook voting AYE and Commissioners Iseminger and Wivell voting NO. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Swartz, to adjourn at 5:05 p.m. Unanimously approved. County Administrator County Attorney , Clerk