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HomeMy WebLinkAbout991026 October 26, 1999 Hagerstown, Maryland LUNCHEON WITH RECREATION & PARKS BOARD The Commissioners attended a luncheon meeting with the Recreation & Parks Board at Doubs Woods Park at 12:00 p.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 2:00 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. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 1:35 p.m. to discuss personnel issues and to consider proposals for businesses or industrial organizations 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 Iseminger, seconded by Schnebly, to reconvene in open session at 2:35 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel issue and considered two (2) proposals for businesses or industrial organizations to locate, expand, or remain in the State. 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; Robert Arch, Director of Planning & Community Development; Terry McGee, Chief Engineer; Gary Rohrer, Director of Public Works; John Howard, Director of the Economic Development Commission (EDC); Tim Troxell, Assistant Director of EDC; Tom Riford, EDC Marketing Coordinator; and Alan Davis, Director of Human Resources. FORMAL APPROVAL OF 2000 LEGISLATIVE AGENDA Richard Douglas, County Attorney reviewed the list of proposed legislation to be submitted to the Washington County Delegation to the General Assembly. After discussion it was the consensus of the Commissioners to formally approve the submission of the following legislative agenda to the Washington Delegation for the 2000 Session of the General Assembly: 1) Terms of the Gaming Commission - change the effective date of appointments to the Gaming Commission by offsetting the terms by three or six months or by eliminating the date upon which the term is to begin; 2) Reimbursement of State firefighting expenses - exempt State lands from those for which a county must reimburse the Department of Natural Resources for 50% of the salaries of the State firefighters; 3) Authority to reimburse Commissioners for expenses incurred in the course of their duties, such as mileage and other travel expenses; 4) Compensation for election judges - that the fees for chief election judges be increased from $100 to $125 per day and that the fees for other election judges be increased from $80 to $100 per day; 5) Library funding - to seek funding from the State for the proposed branch  library in Clear Spring; and 6) Orphans Court - change the hours of operation for the Court from the present 10:00 a.m. until 3:00 p.m. on Tuesdays and Fridays to 9:00 a.m. until 1:00 p.m. on those days or eliminate any reference to the hours of operation in the statute to allow the Court to change its meetings to accommodate the public. The Commissioners agreed to submit requests for assistance in funding State mandates for school health care programs and a comprehensive plan to finance libraries to the Maryland Association of Counties for consideration as state-wide initiatives for next year. The Commissioners then discussed whether to submit a request for authority for the County to charge a 1% sales tax to be added to the 5% statewide tax, the proceeds to be dedicated to reduction of the water and sewer debt. It was the consensus of the Commissioners that, although they applaud the efforts of Commissioner Swartz in initiating this proposal, that the Delegation has made it clear that they will not support it. Commissioner Swartz reiterated his support of the proposal. Motion made by Commissioner Swartz to submit a proposal to the Delegation to authorize Washington County to charge a sales tax of 1% to be added to the OCTOBER 26, 1999 PAGE TWO 5% statewide sales tax with proceeds from the additional 1% to be dedicated to reduction of the water and sewer debt. The motion died for lack of a second.  The Commissioners also discussed the State mandate to maintain the Countys level of funding for non-profit agencies at a level no less than that from fiscal year 1996 and whether to submit a request that this item be removed from the gaming law. They agreed to discuss this issue with the Delegation. Mr. Douglas assured the Commissioners that they may submit additional items that are not on the approved list to the Delegation for their consideration. PROPOSED ADDITION - COUNTY ADMINISTRATION BUILDING Gary Rohrer, Director of Public Works, met with the Commissioners regarding his proposal to prepare a concept plan for a two-story addition over the parking lot behind the County Administration Building. Mr. Rohrer requested authorization to use up to $7,500 from an existing account to retain an architect to prepare a concept plan for the addition. He stated that consideration has been given to a number of ideas to resolve the issue of insufficient office space in the County Administration Building. Mr. Rohrer noted that he has evaluated space within a one-block radius of the Administration Building. He stated that there are a limited number of buildings suitable for this purpose and each would require costly renovations. Mr. Rohrer estimated that it would cost $3,244,775 to construct one floor or $4,787,800 for both floors. He also provided information on the estimated annual principal and interest payments on the financing over a 20-year period. Commissioner Wivell recommended that space requirements be established for County offices. The Commissioners also voiced concerns about the cost of the proposal as well as the cost to provide additional parking space. Motion made by Commissioner Swartz to authorize the Public Works Director to use up to $7,500 from an existing account to retain an architect to prepare a concept plan for a two-story addition to the County Administration Building. The motion died for lack of a second. There was no consensus among the Commissioners on a direction for additional space needs for the County Administration Building. They agreed to hold additional discussions on this issue. PROPOSED REVISIONS TO GAMING RULES & REGULATIONS The Commissioners reviewed two proposed amendments to the Gaming Rules and Regulations to make them consistent with the Gaming Guidelines. The  discussion was continued from last weeks meeting. The first amendment  would eliminate the use of the term nonprofit and substitute the word  charitable for consistency. The second amendment would eliminate the provision that an organization is eligible if it is included on the list of organizations to which the County Commissioners may contribute funds. He explained that an organization would be required to obtain a 501(c)(3) designation from the IRS in order to receive funds from the Gaming Commission. The Commissioners also reviewed the list provided for in Section 1-108. Mr. Douglas stated that he feels the impact of the change would be small as most of the organizations on the list already qualify for gaming funds or have not applied. After discussion, the Commissioners decided that they would like more time to consider the revisions before making a decision. JOINT MEETING WITH ECONOMIC DEVELOPMENT COMMISSION Members of the Economic Development Commission (EDC) met with the Commissioners to provide an overview of its 1999 strategic priorities. Suzanne Downey Hayes and Tom Newcomer, Co-Chairs, stated that the members of the EDC believe that they could function more efficiently if the EDC were privatized. She stated that there would be more funding opportunities and other advantages and would like the Commissioners to reconsider this proposal. Ms. Downey Hayes requested that the Commissioners request enabling legislation to allow them to apply for an IRS 501(c)(3) status which would give them the ability to leverage County money with private sector money in order to raise funds for marketing events. She also presented proposals to develop a revolving loan fund and an EDC contingency fund. Ms. Downey Hayes stated that they will be present a proposal to the Commissioners in the next few months, outlining a funding scenario if the County Commissioners agree to privatization. The Commissioners also discussed the relocation of the EDC office and funding issues. OCTOBER 26, 1999 PAGE THREE  Mr. Newcomer distributed copies of the EDCs long-term goals which include a funding improvement project, location change project, privatization of agency project, and staff enhancement project. He reviewed the goals and their 1999 strategic priorities. Ms. Downey Hayes informed the Commissioners that the EDC met with the Water & Sewer Advisory Commission and each body hopes to develop a greater understanding of the concerns of the other. She stated that they have also been working with the Airport Advisory Commission to market the available properties near the Airport. Mr. Newcomer also reported on their progress on workforce development issues.  RECESS - HECHTS PREVIEW RECEPTION The Commissioners recessed at 5:00 p.m. in order to attend the preview  reception for the opening of Hechts Department Store in the Valley Mall. EVENING SESSION - MAUGANSVILLE FIRE COMPANY The evening session was convened at 7:00 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. EVENING SESSION - MAUGANSVILLE FIRE COMPANY The evening session was convened at 7:00 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.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Wivell reported on the public meeting held by the PenMar Development Corporation. He also stated that he attended the Washington County Volunteer Fire & Rescue Association (WCVFRA) awards banquet. Commissioner Iseminger reported on the Eastern Panhandle MPO meeting, the Public Golf Corporation meeting, and the Social Services Board meeting. He also reviewed a newspaper article on new taxes being considered by the Frederick County Commissioners. Commissioner Swartz reported on the meeting held by the Mid-Atlantic Association of Health Centers. He stated that he attended the Complete Count Committee meeting. Commissioner Swartz informed the Commissioners that he toured the Alterra Assisted Living home. He stated that he spoke to several groups and met with Senator Sarbanes. Commissioner Swartz also reported on the League of Women Voters Town Meeting. Commissioner Schnebly reported on the joint City/County task force on water and sewer issues and the United Way allocation committee. He stated that he attended the WCVFRA awards reception. Commissioner Schnebly informed the Commissioners that he received a response from Governor Glendening with regard to the letter he sent to the Governor about the proposed Civil War museum. Commissioner Snook reminded the Commissioners of the meeting with the Greater Hagerstown Committee on Friday. He informed them that he would be sponsoring a table at the Greater Washington County Leadership Prayer Breakfast and invited the Commissioners to join him. Commissioner Snook reported on the Eastern Panhandle MPO meeting. He welcomed members of Boy Scout Troops 8 and 117 to the meeting as well as members of the student government class from St. Maria Goretti High School. PARTIAL EXTENSION OF LEASE AND SUBLEASE AGREEMENTS - 1260 MARYLAND AVENUE Motion made by Commissioner Swartz, seconded by Schnebly, to approve a four- month extension of the commercial lease with Robert and Jean Bricker for the space currently occupied by the Washington County Extension Service at 1260 Maryland Avenue and extend its sublease agreement with the Extension Service for the same four-month period. Unanimously approved. RE/APPOINTMENTS - ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Iseminger, seconded by Schnebly, to reappoint OCTOBER 26, 1999 PAGE FOUR Willie Conyers and Patricia Boyd to the Advisory Commission to the Board of Health for three-year terms and to appoint Carol Cadle and Laura White for their first three-year terms. Unanimously approved.  APPOINTMENTS - CHILDRENS COUNCIL Motion made by Commissioner Swartz, seconded by Iseminger, to reappoint Linda Darr, Delores Harmon, Glenda Helman, Sherry Kibler, Joyce Martin, and  Diane Sanford to the Childrens Council for three-year terms and to appoint Sarah Bonise, Fanny Crawford, Mary Christy Mahon, Mildred Lohman, Micaela Likins, Karen Christof, Cynthia Bayless, Patsy Campbell, Erica Parsley, Mark Tyson, Mary Ellen Waltemire, and Darius Hunter. Unanimously approved.  CITIZENS PARTICIPATION Harry Myers commended Commissioner Wivell on the fiscal study he prepared with recommendations to reduce costs. He also spoke in opposition to the proposal to fund a new baseball stadium. Dan Spedden spoke in favor of constructing a new stadium in Hagerstown. STADIUM FUNDING PROPOSAL Dick Phoebus and Jim Brown, representing the Stadium Planning Team, met with the Commissioners to present a proposal for construction of a new stadium in Hagerstown. Mr. Phoebus presented the concept plan for the stadium which would have a railroad motif and a dedicated area for a railroad museum at the complex. He informed the Commissioners that they envision a multi-use stadium which could be used for other activities and by groups other than the Hagerstown Suns. Mr. Phoebus stated that the Stadium Planning Team is requesting that the County provide $3 million and the City of Hagerstown $3 million. The Committee will pursue $3 million in private funding and State assistance in the amount of $6 million for construction of the stadium. Mr. Phoebus informed the Commissioners that it is estimated that the total cost for land acquisition and construction would be $12-15 million. He presented a packet of information outlining the effect that new stadiums have had on attendance at baseball facilities in other areas of the country which have minor league baseball teams. He estimated a fiscal impact of $172,300 in additional tax revenues. Mr. Phoebus stated that he would like the Commissioners to consider making a commitment of $3 million toward the project with the following conditions: 1) a significant investment of private funds; 2) a long-term lease with the Hagerstown Suns for use of the facility, as well as a significant financial investment for construction of the facility; 3) public sector support and financial commitments from the City of Hagerstown and State of Maryland; and 4) uses designed for the facility other than baseball. Mr. Brown stated that the facility could be used for soccer and other baseball teams in the area. The Hagerstown Roundhouse Museum has indicated that they may have uses for the facility in the months of November through February. The meeting was then opened for questions from the County Commissioners. Commissioner Swartz voiced his support for the concept. Mr. Phoebus informed the Commissioners that he will be making a presentation to the Mayor and City Council next week. He asked that a decision be made as quickly as possible. The County Commissioners thanked Mr. Phoebus for the presentation and indicated that they would take the request under consideration. APPLICATION FOR NATIONAL REGISTER OF HISTORIC PLACES - WOBURN MANOR Stephen Goodrich, Senior Planner, met with the Commissioners to present an application for the nomination of Woburn Manor to the National Register of Historic Places. Mr. Goodrich reviewed the application. He stated that Washington County, as a Certified Local Government, can recommend properties for nomination. He then reviewed the criteria for eligibility on the National Register and stated that the property qualifies under several criteria listed in the application. Mr. Goodrich indicated that the application was recommended for approval by the Historic District Commission. He stated that the designation will allow the property owners to apply for state and federal tax credits. The meeting was then opened for discussion and questions from the Commissioners regarding the application. Motion made by Commissioner Wivell, seconded by Schnebly, to submit the application for Woburn Manor to the Maryland Historical Trust for nomination to the National Register of Historic Places. Unanimously approved. OCTOBER 26, 1999 PAGE FIVE CHANGES TO THE ANIMAL CONTROL ORDINANCE Richard Douglas, County Attorney, stated that a public hearing was held on January 19, 1999 for the purpose of considering the repeal of the  Ordinance to Provide for Animals in Washington County, Maryland adopted on May 15, 1990, as amended, and to enact a revised version of the Ordinance  entitled Animal Control Ordinance for Washington County, Maryland. Mr. Douglas stated that one of the objects of the revision is to clarify the powers of the animal control agency for the County and the function of the Animal Control Authority. He indicated that the draft considered comments  from the Humane Society of Washington County, the Sheriffs Department and the public. At this time Commissioner Snook opened the meeting for comments. Several members of the Farm Bureau were in attendance to request that revisions be made to the Ordinance to address the distinction between  domestic and farm animals. Kelly Burke asked that Section 38 Impoundment be revised. Greg Brown, President of the Washington County Coon Hunters Association, had several questions about kennel licenses and permitted zoning for kennels. The Commissioners asked Mr. Douglas to send copies of the Ordinance to the Farm Bureau and asked to review the comments made at the January hearing. Commissioner Snook stated that after revisions are made to the Ordinance, another public hearing will be scheduled. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Swartz, to adjourn at 9:00 p.m. Unanimously approved. County Administrator County Attorney , Clerk