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September 28, 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, John L. Schnebly, and William J.
Wivell.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Swartz, followed by the Pledge
of Allegiance to the Flag by the full assemblage.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Iseminger reported on the meeting of the Public Golf
Corporation Board.
Commissioner Wivell reported on the Solid Waste Advisory Committee meeting.
Commissioner Schnebly reported on the Local Management Board (LMB) meeting
and the annual tour meeting with the Maryland Department of Transportation.
He also informed the Commissioners that he was a guest on WHAGs radio talk
show.
Commissioner Swartz informed the Commissioners that he participated in the
Paramount Elementary School walk-a-thon fund raiser. He also attended the
volunteer appreciation reception at the Western Maryland Hospital and a
meeting of the Prisoners Against Teen Tragedy (PATT). Commissioner Swartz
reported on the Community Action Council board meeting and the annual
transportation tour meeting. He stated that he attended the SPCA reception,
the Hunting & Fishing Expo, and the Maryland Municipal League meeting.
Commissioner Snook reviewed correspondence he received from the Halfway
Little League which declined the Countys offer of Program Open Space money
to provide lighting for the senior league field because they could not raise
the necessary matching funds for the project. He reminded the Commissioners
of the meeting with the Greater Hagerstown Committee on October 29 at
Hagerstown Community College to discuss legislative issues with the City and
the County. Commissioner Snook reviewed a letter from a neighboring
property owner with regard to the sound system at the junior football league
field at Marty Snook Park. He stated that he would ask the Communications
Maintenance Department to evaluate the appropriate decibel level for the
system. Commissioner Snook distributed an invitation for Empowerment 2000
which celebrates Disabilities Awareness Day. He also informed the
Commissioners of the death of Paul Beck who served as a member of the
Housing Authority.
DISRUPTIVE YOUTH GRANT FUNDING - LOCAL MANAGEMENT BOARD
John Budesky, Director of the Office of Children, Families and Youth,
presented the Local Management Boards recommendation for grant awards for
the Disruptive Youth Program and the Core Prevention Program. Mr. Budesky
stated that a bid process was used for all programs. He also explained how
the funding for each program was established and how the programs were
evaluated. Commissioner Snook asked for information on the total amount of
grants received by Board of Education and the number of people administering
the funds.
Motion made by Commissioner Swartz, seconded by Schnebly, to award the
following funds as recommended by the LMB: 1) Core Prevention Program
Partners for Reading to Success grant in the amount of $20,000 to the
Boys & Girls Club of Washington County for SMART Moves; 2) Core
Prevention Program grant in the amount of $8,310 to Brook Lane for ICE
(Individuals Can Excel); 3) Disruptive Youth Program grant funds in the
amount of $12,560 to the Board of Education for the BRP program through
Cedar Ridge; and 4) Disruptive Youth Program grant in the amount of $7,440.
Unanimously approved.
Mr. Budesky also reviewed the addendum for Healthy Families Award which will
be administered through the Community Partnership Agreement with the State
of Maryland through the Health Department in the amount of $262,000.
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the
addendum for the Healthy Families grant in the amount of $262,000 which will
be administered by the Washington County Health Department. Unanimously
approved.
SEPTEMBER 28, 1999
PAGE TWO
RESOLUTION - Y2K COMPLIANCE PLAN FOR WASHINGTON COUNTY
Richard Douglas, County Attorney, informed the Commissioners that Chapter
534 of the Laws of Maryland of 1999 (Maryland Code, Courts and judicial
Proceedings Article, Section 5-527), provides that the State or a local
government, or an official or employee of a local government, is immune from
liability in certain cases for damages arising out of Y2K date data problems
if a Y2K compliance plan has been made available for public comment and
adopted by October 1, 1999, and certain tasks are completed before December
1, 1999. Mr. Douglas noted that notice of the development of the plan was
duly advertised and made available to the public. Paul Armstrong, Chairman
of the Y2K Committee, reviewed the measures taken by the Committee to assure
compliance, the assessment of County systems, and the development of a
contingency plan. Mr. Armstrong stated that the County is in good shape and
has taken the necessary steps to keep the problems to a minimum. Rodney
Shoop, County Administrator, complimented Mr. Armstrong on his leadership of
the committee.
Motion made by Commissioner Schnebly, seconded by Swartz, to approve the
Resolution Adopting a Y2K Compliance Plan for Washington County Government
in accordance with the Maryland Code, Courts and Judicial Proceedings
Article, Section 5-527. Unanimously approved.
BOARD OF EDUCATION LONG-RANGE FUNDING
Rodney Shoop reviewed the Board of Educations three-year plan which they
submitted at the last joint meeting. He suggested that the Commissioners
begin discussions on long-range funding projections contained in the plan
and general discussions on future funding for the Board of Education.
Commissioner Iseminger stated that the Commissioners need a better
understanding of how the proposed three-year plan for operations relates to
the priorities outlined in the Boards strategic plan. The Commissioners
requested additional information from the Board. The Commissioners also
agreed that they need to look at the requests in the Capital Improvements
Program (CIP) budget and the projected revenues and borrowing. Debra
Bastian, Director of Budget & Finance, reviewed financial projections for
fiscal years 2001 and 2002 and how the request will affect County funding.
Ms. Bastians projections indicated that there would be a $4.6 million
shortfall in Fiscal Year 2001 if the Board of Educations request is fully
funded. She stated that this would require a property tax increase of 16
cents to fund the shortfall. An estimated shortfall of $1.6 million would
occur in Fiscal Year 2002 if the request is fully funded. Ms. Bastian
indicated that this would require an additional five-cent property tax
increase to balance the budget. The Commissioners reviewed the projections
and agreed to continue discussions with the Board of Education regarding the
three-year plan as presented.
CITIZENS PARTICIPATION
Donald Allensworth commented on the metropolitan water and sewer systems and
on recent cooperative efforts with the City of Hagerstown on sewer issues.
COUNTY ATTORNEY ISSUES
Richard Douglas, County Attorney, distributed a revised list of proposals
for the 2000 legislative agenda for the Commissioners review. The
Commissioners reviewed the changes and approved the revised agenda.
AGRICULTURAL LEASE - MYLIN HORST
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve a
one-year agricultural lease with Mylin Horst, effective April 1, 1999, for a
nine-acre parcel of land located in the Airport Runway Protection Zone for
$389 per year. Unanimously approved.
REMOVAL AND APPOINTMENT OF SUBSTITUTE TRUSTEES
Motion made by Commissioner Swartz, seconded by Schnebly, to remove Howard
W. Gilbert, Jr. and Russell R. Marks as trustees in an Indemnity Deed of
Trust dated August 16, 1993 and recorded in the Land Records of Washington
County, Maryland at Liber 1112, folio 855, in connection with an obligation
of Continental Investment Corporation and to appoint Gregory I. Snook and
Richard W. Douglas as substitute trustees. Unanimously approved.
EXCHANGE OF DEED WITH THE MENNONITE FOUNDATION, INC.
Motion made by Commissioner Wivell, seconded by Schnebly, to exchange mutual
quitclaim deeds between the Board of County Commissioners and The Mennonite
Foundation, Inc. to Railroad Street in Maugansville, which are necessary to
clear title, as presented by the Assistant County Attorney. Unanimously
SEPTEMBER 28, 1999
PAGE THREE
approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners that the
luncheon meeting at the Agricultural Education Center is scheduled to begin
at 12:00. He reminded the Commissioners of the Greater Hagerstown Committee
meeting on October 29.
Motion made by Commissioner Iseminger, seconded by Swartz, to approve the
request made by the Cooperative Extension Service to allow them to carry
over $16,231 remaining in their FY 1999 budget to be utilized in FY 2000 as
outlined. Unanimously approved.
BELL ATLANTIC APPLICATION FOR SERVICES PROPOSAL
Karen Luther, Purchasing Agent, presented an application for service
proposal submitted by Bell Atlantic. Ms. Luther explained that the County
entered into a ten-year contract with C & P Telephone Company of Maryland
(now Bell Atlantic-Maryland) in 1992 to provide custom digital Centrex
service. She stated that Bell Atlantic is now reviewing its billing for
government organizations and has proposed an amended rate plan which would
result in a reduction of approximately 13-14 percent on the
telecommunications rate plan for the County. Ms. Luther explained that this
offer is good until October 1, 1999. She complimented staff member Sue
Schlossnagle for her diligent efforts to save the County money on its
telephone service.
Motion made by Commissioner Schnebly, seconded by Swartz, to approve the
Application for Service Proposal as submitted by Bell Atlantic-Maryland.
Unanimously approved.
Ms. Luther also provided the Commissioners with an update on the go live
date for the purchasing module of the new PeopleSoft software. She stated
that the staff will begin using the new system on October 4.
APPOINTMENTS-WASHINGTON COUNTY HOUSING AUTHORITY
Motion made by Commissioner Iseminger, seconded by Wivell, to appoint
Charlie Morgan and Ruth Anne Callaham to the Washington County Housing
Authority for five-year terms. Unanimously approved.
AIRPORT COMMISSION APPOINTMENTS
Motion made by Commissioner Wivell, seconded by Swartz, to appoint Dr.
Norman Shea and Dr. Anton Dahbura to the Hagerstown Regional Airport
Advisory Commission for three-year terms beginning November 1, 1999.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Iseminger, seconded by Swartz, to convene in
closed session at 11:14 a.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 11:50 a.m. Unanimously approved.
In closed session, the Commissioners considered one (1) personnel issue and
consulted with counsel to obtain legal advice on three (3) matters. Present
during closed session were Commissioners Gregory I. Snook, Paul L. Swartz,
Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also
present at various times were Rodney Shoop, County Administrator; Joni
Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano,
Assistant County Attorney; and Alan Davis, Director of Human Resources.
RECESS - RIBBON CUTTING CEREMONIES FOR HOPEWELL ROAD/HALFWAY BOULEVARD
The Commissioners recessed at 11:50 a.m. in order to attend the ribbon
cutting ceremonies for the new Hopewell Road/Halfway Boulevard intersection.
AFTERNOON SESSION
The afternoon session was called to order at 1:05 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.
SEPTEMBER 28, 1999
PAGE FOUR
JOINT MEETING WITH HAGERSTOWN MAYOR & COUNCIL - NORTHEAST QUADRANT PARKING
PROJECT
The Commissioners met with Mayor Robert Bruchey, and Council members William
Breichner, Wallace McClure, and Alfred Boyer.
Update on Arts & Entertainment District Plan
Jim Pierne and Charles Sekula, representing the Downtown Task Force,
provided an update on the Arts & Entertainment District Plan. Mr. Pierne
stated that the total project plan will take 6-8 months to complete. The
first meeting of the Implementation Committee will be held on October 14,
and they will begin development of the plan. He reviewed the short-term and
long-term strategies outlined in the plan. Mr. Sekula stated that the first
three years of the plan outline the following strategies: 1) As land or
building uses are defined, that parking flows correlate with the land or
building uses. 2) Development of open space areas along South Potomac
Street and other appropriate areas. 3) Make a final determination of what
should happen with the Baldwin House complex. 4) Address completion of
parking plans in all quadrants surrounding the A&E District. 5) Theatre and
Entertainment Complex. 6) Address the identification of other attractions
that can be helpful to or complimentary to the A&E District. 7) Identify
the appropriate retail businesses still necessary to complete the A&E
District downtown enhancements. 8) Develop plans to foster the growth of
better housing in the downtown area. Mr. Pierney then reviewed the plans
for the second three-year period. The Commissioners recommended that the
A&E Committee develop a budget for planning purposes. They also suggested
that State Highway Administration officials be kept apprised of the plans in
case State approvals are needed for the project.
Downtown Enhancement Plan
Bruce Johnston, City Engineer, and Richard Kautz, Director of the City of
Hagerstowns Planning Department, provided an overview of the Downtown
Master Plan and Action Program. Mr. Kautz presented the Commissioners with
the Hagerstown Comprehensive Plan and the Downtown Hagerstown Enhancement
Plan. Mr. Kautz informed the Commissioners that the plan included goals for
arts and culture, historic preservation, tourism, transportation and urban
design. Recommendations include creation of various committees, as well as
recommendations for projects such as visitor signage, murals, a downtown
meeting facility, parking lot upgrades, and other programs. Under the
Downtown Enhancement Plan the public square has been redone and improvements
are being made to Franklin and Washington Streets. Mr. Johnston stated that
the first elements of the Plan which were implemented were the brick
sidewalks around the Court House and public square, parking improvements,
and pedestrian features. He stated that the City is applying for a grant to
help implement plans for a two-way alley and to promote a pedestrian area
near the Maryland Theatre and the new District Court facility. Mr. Kautz
emphasized that the document is a concept plan and, as such, it is subject
to change. Mr. Kautz and Mr. Johnston highlighted other improvements which
were made in accordance with the plan. Commissioner Snook stated that the
appearance of the entrance ways into Hagerstown is important and recommended
that landscaping and other improvements be made to the western entrance.
Northeast Quadrant Parking
Commissioner Snook reviewed the September 22, 1999, letter from Mayor
Bruchey which states that the Mayor and Council wishes to move forward with
the project as outlined in the presentation made at the joint meeting on
September 21 and have removed the area of the northeast quadrant identified
for the parking project from consideration as a location for the Civil War
Museum. Mayor Bruchey requested that the County consider funding the
balance of the project by designating the balance of $182,500 remaining in
the Countys current year allocation for downtown projects plus an
additional $124,500. Commissioner Wivell questioned whether the parking lot
will pay for itself. He provided information he received from the Borough
of Chambersburg regarding income from their parking lot. He suggested
utilizing State and Federal funding rather than forward-funding a new
project. Mr. Kautz stated that the parking lot would be a separate
enterprise fund and the City would continue to work with Tri-County Council
and the Economic Development Administration for funding for projects. The
Commissioners then discussed the options available for funding the project.
Motion made by Commissioner Iseminger, seconded by Schnebly, to designate
the remaining balance of $182,500 in the current year allocation to downtown
Hagerstown projects and to approve an additional $124,500 to be
SEPTEMBER 28, 1999
PAGE FIVE
taken from the FY 2000 CIP contingency fund to allow the City of Hagerstown
to complete the Northeast Quadrant Parking Project contingent upon the
assurances provided by the City of Hagerstown in its letter of September 22,
1999 that they have removed the area of the northeast quadrant identified
for the parking project from consideration as a location for the Civil War
Museum. Commissioners Iseminger, Schnebly, Swartz, and Snook voting AYE
and Commissioner Wivell voting NO.
PARK HALL ROAD BRIDGE - OPTION AGREEMENTS
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve
option agreements with Gerald Rohrer, Sr. and his wife and Gerald Rohrer,
Jr. for land needed for improvements to the Park Hall Road bridge.
Unanimously approved.
RESCIND ACTION - RECOMMENDATIONS OF WASHINGTON COUNTY HISTORICAL TRUST
Richard Douglas informed the Commissioners that the recommendations made by
the Historical Trust which were adopted by the Board on August 10, 1999,
regarding procedures for preliminary consultations and zoning cases would
require the amendments to the Subdivision and Zoning ordinances as such,
follow certain required procedures, including a public hearing. He
recommended that the Commissioners rescind their action approving the
recommendations and ask the Planning Commission to review the items and make
a recommendation to the Board in accordance with the requirements of state
and county law.
Motion made by Commissioner Wivell, seconded by Iseminger, to rescind the
action taken at the regular meeting on August 10,1999, approving the
recommendations made by the Washington County Historical Trust and to refer
these recommendations to the Planning Commission for review. Unanimously
approved.
ADJOURNMENT
Motion made by Commissioner Schnebly, seconded by Swartz, to adjourn at 2:05
p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk