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HomeMy WebLinkAbout991221 December 21, 1999 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:00 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.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Wivell asked for information on the process of taking the decision on the stadium to a referendum. Richard Douglas, County Attorney, provided information on the procedure. He indicated that the referendum must deal with a particular piece of legislation. For the purpose of this discussion he assumed that the legislation in question would be the proposal to increase the hotel rental tax in the county and devote a portion of the proceeds to paying the debt service on bonds to be issued by the City of Hagerstown. Mr. Douglas explained that there are two methods for taking an issue to referendum. First, the General Assembly may include a provision in the proposed amendment to the hotel rental tax law, requiring that it be taken to referendum. Second, if the law is passed, a citizen may file a petition with the Secretary of State, accompanied by an affidavit and the signatures of ten percent of the qualified voters in the County, to take the law to referendum. Commissioner Swartz introduced his wife and his daughter and son-in-law who were in attendance with Taryn, his newest granddaughter. The Commissioners welcomed them to the meeting. Commissioner Swartz reported on the meeting of the Disabilities Advisory Committee. Commissioner Iseminger reported on the meeting of the Hagerstown-Eastern Panhandle Metropolitan Planning Organization (MPO). He stated that he attended the Safety Committee holiday luncheon and the Housing Authority meeting. Commissioner Schnebly provided a summary of the issues discussed at the recent Airport Commission meeting. Commissioner Snook congratulated Scott Butki on being named the employee of the month at Herald Mail. He also reported on the MPO meeting. He informed the Commissioners that he received a call regarding the Substance Abuse/Mental Health Advisory Council and the infrequent meetings the Council has held in the past year. APPROVAL OF NEW ROAD NAME - CLAGGETT MILL LANE Motion made by Commissioner Wivell, seconded by Schnebly, to designate as  Claggett Mill Lane, a previously unnamed private lane located off the south side of Poffenberger Road between Alternate Route 40 and Route 65, as requested by the property owners on the lane. Unanimously approved.  CITIZENS PARTICIPATION  Donald Allensworth spoke in favor of the proposed stadium although he wasnt clear that this was an appropriate use of the hotel rental tax. He also provided his views on a possible referendum.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop informed the Commissioners that the City and County would be staffing a telephone hotline to answer Y2K questions. REQUEST TO OVERLAY PARKING LOT - MT. AETNA VOLUNTEER FIRE COMPANY Mr. Shoop informed the Commissioners that he contacted the chief of the Mt. Aetna Volunteer Fire Company regarding a request that the County pave the parking lot at the fire station. He stated that the Fire Company is planning to build a pavilion on the property at Route 66 and will not be building a new facility at that location in the next five years. Mr. Shoop informed the Commissioners that the overlay is estimated to cost $1600 and  could be taken from the Commissioners contingency fund. The Commissioners discussed whether this would set a precedent and agreed to have the newly appointed Emergency Services Council make a recommendation regarding this sort of request. Motion made by Commissioner Iseminger, seconded by Swartz, to table the DECEMBER 21, 1999 PAGE TWO request made by the Mt. Aetna Volunteer Fire Company that the County pave the parking lot at its fire station, until the Emergency Services Council can review the issue. Unanimously approved. AMENDMENT TO FIXED BASE OPERATION AGREEMENT - AERO-SMITH Motion made by Commissioner Wivell, seconded by Swartz, to approve the request to amend the Fixed Base Operation Agreement with Aero-Smith so that the agreement will coincide with the fiscal year. Unanimously approved. RESOLUTION AMENDING PURCHASING POLICY (P-2) Motion made by Commissioner Swartz, seconded by Schnebly, to approve a resolution authorizing the Purchasing Agent to make or approve purchases on behalf of the Board of County Commissioners or designee in amounts up to and including $25,000, the amount set forth in Section 1-106 of the Public Local Laws, as amended, provided that the purchases are made in accordance with County policies. The resolution shall be referenced in the next revision of County Purchasing Policy P-2. It shall be effective upon adoption and have retroactive effect, and shall ratify all previous purchases made or approved by the Purchasing Agent or designee as having been duly approved by the Board of County Commissioners. Unanimously approved. OAK HILL INVESTMENTS - REQUEST TO ANNEX PROPERTY Richard Douglas, County Attorney, reviewed the request to annex 1.008 acres into the City of Hagerstown that was made by Michael and Geraldine Fuller and Oak Hill Investments. Mr. Douglas informed the Commissioners that the property is located on the south side of U.S. 40 approximately one-half mile from the I-70 interchange. He stated that the current County zoning for the property is Highway Interchange 1 (HI-1) and the proposed City zoning is Commercial 2 (C-2). He explained that the City C-2 classification is compatible with the County HI-1 classification. Motion made by Commissioner Iseminger, seconded by Swartz, to grant the express approval of the Board of County Commissioners, pursuant to Md. Code, Article 23A, Section 9, to the petition of Michael and Geraldine Fuller and Oak Hill Investments to annex 1.008 acres located on the south side of U.S. 40 approximately one-half mile from the I-70 interchange, into the City of Hagerstown. Unanimously approved. REAPPOINTMENT - AIRPORT COMMISSION Motion made by Commissioner Schnebly, seconded by Swartz, to reappoint Stephen Pearl to the Airport Commission for a three-year term that would expire on October 1, 2002. Unanimously approved. REAPPOINTMENTS - WATER & SEWER ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Swartz, to reappoint Ed Renn and Glenn Fishack to the Water & Sewer Advisory Commission for three-year terms. Unanimously approved. LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) AMENDMENTS Alan Davis, Director of Human Resources, met with the Commissioners regarding the Length of Service Award Program (LOSAP) for active members of the Washington County Volunteer Fire & Rescue Association (WCVFRA). Mr. Davis explained that LOSAP is a defined benefit retirement plan provided to active volunteers who meet certain criteria. He stated that, upon reaching normal retirement eligibility, participants might receive benefits ranging from $200 to $250 per month. Mr. Davis indicated that, under the plan proposed by the WCVFRA, benefits would begin to be paid to eligible participants on or about January 1, 2007. He reviewed the criteria for the participants and the amendments to the plan on disability retirement being requested by the LOSAP committee and the WCVFRA. Mr. Davis stated that the amendments include language regarding disabilities incurred by volunteers other than in the line of duty. The Commissioners discussed the proposed amendments. Mr. Davis stated that he has researched the minutes of the County Commissioners and cannot find that the Commissioners ever formally adopted the LOSAP program. He noted that there was an assumption that certain provisions were in place. The Commissioners asked that representatives of the WCVFRA be scheduled on the agenda in January to discuss criteria, administration and funding for the program. They agreed that they need to review the entire proposal to make a decision. BID AWARD - EMULSIFIABLE DEGREASER AND DEODORIZER - WATER & SEWER DEPARTMENT Motion made by Commissioner Schnebly, seconded by Iseminger, to award a one- year contract for emulsifiable degreaser and deodorizer, for use by the DECEMBER 21, 1999 PAGE THREE Water & Sewer Department, to Roxxon Corporation, c/o Neil E. McConnell, for the total lump sum price of $30,222.50 for fifty 55-gallon drums with an option to purchase additional increments of five drums each at a total price of $3,162.50. Unanimously approved. RECESS - LUNCHEON & TOUR OF TECHNICAL INNOVATION CENTER The Commissioners recessed at 11:29 a.m. in order to attend a luncheon and tour of the Technical Innovation Center at Hagerstown Community College. AFTERNOON SESSION The afternoon session was called to order at 1:30 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners John L. Schnebly, Bertrand L. Iseminger and William J. Wivell. INTERGOVERNMENTAL AGREEMENT WITH DEPARTMENT OF JUVENILE JUSTICE - FAMILY MENTORING PROJECT John Budesky, Director of the Office of Children, Youth & Families, and James Manuel, representing the Department of Juvenile Services, met with the Commissioners to request permission for the Local Management Board (LMB) to monitor and evaluate the Washington County Family Mentoring Project. Mr. Budesky explained that the Department of Juvenile Justice is the vendor agency. The project will coordinate with the HotSpots initiative by providing mentoring service to students and their families. He stated that  the grant funds are designated as pass through and will have no fiscal impact on the General Fund. Mr. Budesky stated that the grant is for $43,000. Motion made by Commissioner Swartz, seconded by Schnebly, to authorize the Local Management Board to monitor and evaluate the Washington County Family Mentoring Project being operated by the Department of Juvenile Services. Unanimously approved. REZONING TEXT AMENDMENTS RZ-99-014 Richard Douglas, County Attorney, reviewed proposed text amendment RZ-99-014 that was heard at a joint public hearing on September 20, 1999. The amendment would require the construction and maintenance of a structural chain link fence encompassing the entire perimeter of a quarry to prevent unauthorized trespassers in from the inherent dangers of quarries. Mr. Douglas stated that the Planning Commission recommended that the amendment be denied. The Commission further recommended that an amendment be drafted which would address the safety issues raised at the public hearing for future consideration. Motion made by Commissioner Swartz, seconded by Iseminger, to deny rezoning text amendment RZ-99-014, submitted by Michael Mooers, requesting an amendment to Article 15 of the Zoning Ordinance with the understanding that the staff will draft a new amendment to provide appropriate safety features for quarries. Unanimously approved. APPROVAL OF MINUTES - DECEMBER 14, 1999 Motion made by Commissioner Wivell, seconded by Iseminger, to approve the minutes of the meeting of December 14, 1999, as amended. Unanimously approved. DISCUSSION OF COMMISSIONER APPOINTMENTS - BOARDS AND COMMISSIONS Rodney Shoop, County Administrator, reviewed the positions held by the Commissioners on appointed boards and commissions. He asked if they wished to reassign these positions to allow each Commissioner to sit on a variety of boards. Commissioner Wivell stated that it is premature for Commissioners to be reassigned to different boards after only one year due to the length of time it takes to become fully versed in the function of each body. Commissioner Iseminger stated that he has several boards that meet in the same week and asked for assistance from the other Commissioners. After discussion, Commissioner Snook agreed to act as the Board representative on the Housing Authority Agricultural Education Center Board and Commissioner Wivell agreed to sit on the Social Services Board. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 2:05 p.m. to discuss personnel issues, to discuss the acquisition of real property for a public purpose, and to consult with counsel to obtain legal advice in accordance with Section 10-508 of the DECEMBER 21, 1999 PAGE FOUR State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Swartz, seconded by Iseminger, to reconvene in open session at 3:09 p.m. Unanimously approved. In closed session, the Commissioners discussed three (3) personnel issues, considered one (1) proposal regarding the acquisition of real property for a public purpose, 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; Robert Arch, Director of Planning & Community Development; Stephen Goodrich, Senior Planner; and Alan Davis, Director of Human Resources. RECESS The Commissioners recessed at 3:10 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, Al Boyer, Wallace McClure and Lewis Metzner at City Hall at 4:00 p.m. Update - University of Maryland Hagerstown Campus Project Robert Sweeney, Administrator for the University of Maryland System Campus, introduced Chuck Milton, Vice Chancellor of Academic Affairs, and Mark Beck, Director of Capital Planning, who were present to provide an update on the status of the University of Maryland - Hagerstown campus project. Mr. Milton stated that they are eager to get started on the project. He explained that they would be doing a survey to provide an optimal mix of program offerings desired by people in the area. Mr. Milton stated that $700,000 has been budgeted for planning and $10.5 million has been budgeted in FY 2002 for construction of the campus. Mr. Beck informed the group that they are considering three issues at this time: 1) civil and off-site utility costs, 2) environmental issues such as asbestos and lead paint, and 3) structural issues. He explained that they would need an analysis of the building to determine the costs of renovation. Mr. Beck stated that there might be some Smart Growth funding in the Brownfields program which could provide additional monies for the project. Mr. Sweeney said that they would be sending a letter to the Department of the Environment to provide background information on the site and requesting the Brownfields funds. Mr. Beck informed the group that the project is proceeding with academic planning, environmental issues, and civil and off-site utility issues. He stated that they hope to soon acquire enough information to respond to questions and proceed to the culmination of the building program when funds are in place. Mr. Milton also thanked Jeff Yingling who will be chairing the fundraising efforts for the Chamber of Commerce. Commissioner Schnebly emphasized the need for USM to create a modern urban space that is inviting to the public. He stated that this is essentially a commercial area and reminded them to carefully consider the immediate vicinity of the site. County Tax Set-Off for Police Services Mayor Bruchey presented information on the portion of the County tax set-off calculation that is based on police services and what the amount would have been without the expenditure cap in place under the existing formula. He stated that the City received $618,393 from the County for police services but would have received $994.232 if the cap had not been in place. He expressed concerns that the gap is getting wider. Commissioner Iseminger stated that a joint City/County committee is in place to deal with tax set- off issues and will consider all issues in the formula. The Committee consists of Councilman Breichner, Mayor Bruchey, and Commissioners Iseminger and Wivell. Commissioner Schnebly stated that the committee should take a comprehensive look at City/County issues to see if there are some efficiencies to be gained. He noted that this issue cannot be resolved in a short period of time and should be studied by the committee. The group discussed possible consolidation of services and the information needed from DECEMBER 21, 1999 PAGE FIVE both groups in order to examine the issues. Councilman Boyer stated that the formula is 15 years old and he does not believe it is still equitable. He asked for information that shows what the County is providing to the City. The committee members agreed to develop a regular schedule of meetings to continue discussions. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Swartz, to adjourn at 5:15 p.m. Unanimously approved. County Administrator County Attorney , Clerk