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November 16, 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 Rodney Shoop, County Administrator, followed
by the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES - NOVEMBER 8 & 9, 1999
Motion made by Commissioner Iseminger, seconded by Swartz, to approve the
minutes of November 8 and 9, 1999, as amended. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Wivell reported on the Washington County Club Association
annual dinner and the meeting of the PenMar Development Corporation Board of
Directors.
Commissioner Iseminger stated that he attended the Club Associations
dinner. He also reported on the Veterans Day ceremony that was held at
Marty Snook Park. Commissioner Iseminger stated that he and Commissioner
Wivell met with City officials on issues dealing with tax differential.
Commissioner Schnebly reported on the Economic Development Commission
meeting. He stated that the joint City/County Water and Sewer subcommittee
met last week. Commissioner Schnebly reported that he attended the
Veterans Day ceremony at Marty Snook Park and the DMC ribbon-cutting
ceremony.
Commissioner Swartz thanked Commissioner Snook for sponsoring a table at
last weeks Christian Businessmens prayer breakfast. He reported on the
Disabilities Advisory Committee meeting. Commissioner Swartz informed the
Commissioners that he attended Veterans Day ceremonies at Marty Snook Park,
Clear Spring High School, and the Town of Funkstown. He stated that he
attended a dedication ceremony at Avalon Manor nursing home, the School
Safety breakfast at Sams Club, the Area Agency on Aging Advisory Council
meeting, and the Club Association dinner. Commissioner Swartz informed the
Commissioners that he also participated in the Grate American Sleepout.
Commissioner Snook informed the Commissioners that he attended the recent
breakfast meeting of the Chamber of Commerce where the new State Director of
the Chamber, Cathy Snyder, was introduced. He reminded the Commissioners
that the ribbon-cutting ceremony for RPS is this week. He informed the
Commissioners that they have been invited to attend the joint marketing
committee meeting held with the Convention & Visitors Bureau. Commissioner
Snook circulated a letter he received from the Department of the Environment
regarding the acid rain monitoring program at the R. Smith Power Station.
He informed them that the Mt. Aetna Volunteer Fire Company has requested
that the County overlay the parking lot at its fire station. He stated that
this would cost approximately $1600. The Commissioners took this request
under consideration. Commissioner Snook stated that the Smithsburg Booster
Club has asked that the County abate the hook-up fee at its new concession
stand. Commissioner Wivell stated that the Water & Sewer Advisory
Commission recommended denial of this request. The Commissioners took this
request under consideration and asked that it be placed on the agenda at a
later time. Commissioner Snook distributed a letter from the State Highway
Administration regarding the agreement for the Countys park-and-ride lot at
the new interchange at Route 632.
BID AWARD - WATER/WASTE WATER TREATMENT CHEMICALS
Motion made by Commissioner Wivell, seconded by Iseminger, to award
contracts to the low responsive, responsible bidders as recommended by staff
for the purchase of water/waste water treatment chemicals, which was bid
jointly with the City of Hagerstown for a one-year contract with up to two
additional one-year periods. Unanimously approved.
ANIMAL CONTROL ORDINANCE AMENDMENTS - WORKSHOP
Richard Douglas, County Attorney, reviewed the updated version of the
proposed revisions to the Animal Ordinance for Washington County with the
Commissioners. Mr. Douglas outlined the items for discussion and summarized
the comments made at public hearing. The Commissioners agreed to the
amendments to reconfigure the Animal Control Authority into a quasi-judicial
NOVEMBER 16, 1999
PAGE TWO
body to allow them to hear appeals. The Commissioners decided not to
decrease the time period for the animal control agency to hold stray animals
from five to three days. Also discussed were the changes to the animal at
large section to include farm animals. Keller Haden, Animal Control Officer
from the Humane Society, explained the procedures used to address animals
running at large. She stated that farm animals are exempt from most
provisions of the Countys current Animal Control Ordinance. However, the
State Code dealing with cruelty to animals applies to farm animals as well
as domestic animals. Paul Prodonovich, Zoning Administrator, also met with
the Commissioners regarding the amendments proposed for commercial and non-
commercial kennel licenses and how it would be enforced by his department.
He stated that he does not believe his office should be involved in issuing
non-commercial kennel licenses. It was the consensus of the Commissioners
to hold another workshop to address the provisions in the ordinance
pertaining to vicious and potentially vicious animals, citations, and the
proposed changes in the functions of the Animal Control Authority.
PRESENTATION -FRIENDS OF THE FREE LIBRARY
Mary Summerville, President of the Friends of the Washington County Free
Library, presented the Commissioners with a large thank-you card signed by
the patrons of the Library to thank them for their willingness to fund the
new Sunday hours at the library. Commissioner Snook asked that the group
meet with them again in about six months to give a report on the number of
people using the Library on Sundays.
APPROVAL OF NEW ROAD NAME - TALL TIMER LANE
Motion made by Commissioner Schnebly, seconded by Swartz, to designate as
Tall Timber Lane, a previously unnamed private lane located off of the
west side of Rowland Hill Road, as requested by the property owners.
Unanimously approved.
CITIZENS PARTICIPATION
Paul Swartz, speaking as a citizen of the County, expressed his support for
the Roundhouse/Sports Complex proposal. He stated that his research shows
that leaders of business and industry are interested in what an area can
offer to their employees. He stated that Hagerstown cannot afford to lose
the Hagerstown Suns baseball team and that the Roundhouse/Sports Complex
proposal is affordable and can pay dividends in the long run by bringing in
companies that might not otherwise locate here. Commissioner Swartz
indicated that it is a quality of life issue. He also suggested that the
Commissioners schedule a workshop session to review the fiscal spending plan
developed by Commissioner Wivell.
Donald Allensworth commended Commissioner Swartz for continuing to recommend
ways to help pay off the water and sewer debt owed by the County. He stated
that he feels that the Forest Conservation Ordinance should specify that
trees should be planted in the areas being developed. He indicated that this
issue is under investigation in Frederick County.
BURNSIDE BRIDGE ROAD - OPTION AGREEMENTS
Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the
following option agreements needed for purchase of land for the improvement
and partial relocation of Burnside Bridge Road: Kevin & Susan Moore - to
purchase a 494 square foot parcel for $1,510; Edwin & Jacqueline Snapp - to
purchase a 3,084 square foot parcel for $1,615; John and Linda DiCarlo - to
purchase a 2,298 square foot parcel for $350; Peggy Morgan (trustee for
Bonnard Morgan) - to purchase a 3,116 square foot parcel and a 270 square
foot parcel for $1,275; and John & Cathy Furr - to purchase a 2,239 square
foot parcel for $425. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners that they
decided to change assignments each year to allow each Commissioner to serve
on a variety of boards and commissions. He asked the Commissioners to
consider where they would like to serve for the coming year.
Commissioner Iseminger agreed to serve as the Countys primary appointment
to the Maryland Association of Counties (MACo) Legislative Committee with
Commissioner Wivell acting as alternate.
COMMISSIONERS REPORTS & COMMENTS - CONTINUED
Commissioner Wivell stated that he has had complaints about the pigeons at
the County Commuter bus stop on West Washington Street and asked that the
NOVEMBER 16, 1999
PAGE THREE
area be cleaned up. Mr. Shoop stated that he would have the prison crew
work on this project.
Commissioner Iseminger asked for additional information about the
legislation being requested by the Homebuilders Association regarding
licensing.
Commissioner Snook informed the Commissioners that he has received
complaints from residents of the Crystal Falls Drive area regarding a
trespassing on a gated roadway that leads to a pumping station maintained by
the Water & Sewer Department. Mr. Shoop stated that Greg Murray, Director of
the Water & Sewer Department, is addressing the situation.
RECESS - LUNCHEON & TOUR OF WATER & SEWER DEPARTMENT MAINTENANCE COMPLEX
The Commissioners recessed at 10:57 a.m. in order to attend a tour of the
new inventory building and the pretreatment facility upgrades at the Water &
Sewer Department and for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:33 p.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.
UNIVERSITY SYSTEM OF MARYLAND - UPDATE
Robert Sweeney, Coordinator for the Hagerstown campus of the University
System of Maryland (USM), met with the Commissioners to discuss the
development of a campus at the Hagerstown Community College (HCC) site. Mr.
Sweeney reminded the Commissioners that the vision is to provide access to
higher education in Washington County. He stated that he has looked at the
HCC site with the staff from USM to consider access to the site and a
potential location for the facility on the parcel. Mr. Sweeney indicated
that he has also looked at HCCs master plan to assure that the plans are
compatible. He stated that he believes that the site meets the established
criteria and has room for expansion and parking. The USM facility would
also have the ability to share resources, programs, and costs with HCC.
The Commissioners discussed the information about the sites under
consideration. Mr. Sweeney provided a history of how the Steering Committee
chose the initial site at the Allegheny Power location. He stated that the
HCC site was the second choice when the Allegheny Power site was chosen.
Mr. Sweeney expressed the opinion that the Allegheny Power site is no longer
under consideration by the Governor. He stated that he feels there will be
a recommendation regarding a site made to the Governor by the USM staff. He
indicated that they are focused now on additional off-site infrastructure
costs, the synergy with HCC, and whether there are wetlands on the property.
Motion made by Commissioner Swartz, seconded by Iseminger, to endorse the
Hagerstown Community College site as the County Commissioners choice for
location of the University System of Marylands Hagerstown campus.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in
closed session at 1:56 p.m. discuss personnel issues, to consider proposals
for businesses or industrial organizations to locate, expand, or remain in
the State, to consult with counsel to obtain legal advice, to discuss the
acquisition of real property for a public purpose and to discuss collective
bargaining issues, all 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 Wivell, seconded by Iseminger, to reconvene in
open session at 4:39 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) personnel issues,
considered two (2) proposals for businesses or industrial organization to
locate, expand, or remain in the State, consulted with counsel to obtain
legal advice on three (3) matters and discussed (collective bargaining
issues). 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;
NOVEMBER 16, 1999
PAGE FOUR
and John Martirano, Assistant County Attorney; Alan Davis, Director of Human
Resources; John S. Snow, Motor Equipment Operator III; James Bestpitch,
AFSCME Representative; Robert Davenport, Director of Solid Waste Management;
Gary Rohrer, Director of Public Works; and Ronald Karn, Chief of Fire &
Rescue Communications.
ADJOURNMENT
Motion made by Commissioner Schnebly, seconded by Swartz, to adjourn at
4:40 p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk