HomeMy WebLinkAbout010130January 30, 2001
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 10:00
a.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.
ADOPTION OF REVISED ANIMAL CONTROL ORDINANCE
The Commissioners reviewed the revised Animal Control
Ordinance that was presented at last week's public hearing.
Richard Douglas, County Attorney, cited the revisions that
he incorporated into the proposed Ordinance after hearing
the comments made by citizens and Commissioners at the
public hearing. He stated that he also made minor revisions
to the Ordinance to make it easier for municipalities to
adopt it. Mr. Douglas informed the Commissioners that he
broadened the section dealing with public education to
specify that a brochure would be distributed to
veterinarians, pet shops, the County Treasurer, and all
authorized outlets for the issuance of licenses. The
Commissioners again discussed the schedule of fines
included in the Ordinance. In answer to questions from the
Commissioners, Mr. Douglas advised them that a written
warning for a first offense could be handled
administratively without amending the Ordinance, but that
he would add such a provision. The Commissioners agreed to
schedule a review of the Ordinance six months after it is
adopted to determine whether amendments need to be made to
it. During discussion, Commissioner Wivell expressed
concern that the proposed Ordinance is too extensive and
that the fiscal impact of implementing it has not been
calculated.
Motion made by Commissioner Iseminger, seconded by
Schnebly, to repeal the Ordinance entitled "Animals"
adopted on May 15, 1990, as amended, and to enact a new
"Animal Control Ordinance for Washington County, Maryland,"
as proposed, to become effective with the appointment of
the Animal Control Authority members. It was the consensus
of the Commissioners to review the Ordinance in six months.
Motion carried with Commissioners Iseminger, Schnebly and
Snook voting "AYE" and Commissioners Swartz and Wivell
voting "NO." (A resolution adopting the Ordinance and a
copy of the adopted Ordinance are attached to these
minutes.)
REVIEW OF RETIREMENT PLAN
Alan Davis, Human Resources Director, introduced Jon
Ketzner, Senior Actuary with BGS&G/CBIZ, and Lynda
Petrossian, Rudy Carryl, and Chris Harms, representing
MacKay -Shields, who were in attendance to review the
actuarial report on the County Employees Retirement Plan
for the period ending June 30, 2000 and the retirement
plan's investment performance for the fourth quarter of
2000.
Mr. Ketzner reviewed the basic funding equation for self-
insured pension plans and the key actuarial assumptions
used in the County's plan. He provided information on the
funding requirements and data showing expected and actual
funding trends from 1996-2000. Mr. Ketzner stated that the
County's plan was 130% funded in 2000. He concluded that
the County's plan is very well funded and responsibly
administered, the benefit structure remains competitive,
and the County funding should stay in the range of 6-7% of
pay. Mr. Ketzner recommended making no changes in the
actuarial assumptions at this time. He then opened the
meeting for questions from the Commissioners.
Mr. Carryl reviewed the performance of the retirement plan
for the fourth quarter of 2000. He stated that there have
been some declines in the last quarter due to the
fluctuations in the stock market, but feels that the
portfolio is in a stable position. Mr. Carryl reviewed the
process that MacKay -Shields uses in selecting stocks.
Chris Harms, manger of the Fixed Income Stock Portfolio,
stated that the fund generated earnings of 5.3% during the
last quarter. He indicated that the County's portfolio is
in a good position and that they are not
JANUARY 30, 2001
PAGE TWO
recommending that the County make any changes to the plan
at this time. The Commissioners thanked them for the
presentation.
(Commissioner Schnebly was excused from the meeting at
11:21 a.m.)
(Commissioner Iseminger was excused from the meeting at
12:00 p.m.)
SUBDIVISION STREET ACCEPTANCES
Motion made by Commissioner Swartz, seconded by Wivell, to
accept the streets and performance/maintenance bonds as
listed on the attachment into the County roads system.
Unanimously approved.
PURCHASE OF RIGHT-OF-WAY — STORM DRAINAGE SYSTEM PROJECT
Motion made by Commissioner Swartz, seconded by Wivell, to
approve the purchase of .58 acres in fee simple from the
Doub Estate Trust Partnership for $14,500, which is needed
for the storm drainage system project at Landis Road and
Londontowne Drive. Unanimously approved.
(Commissioner Schnebly returned to the meeting at 12:06
P.M.)
APPROVAL FOR CONTINUATION OF FUNDING — COMMUNITY CARE
COORDINATION CENTER
Motion made by Commissioner Swartz, seconded by Schnebly,
to accept grant funding from the Governor's Office for
Crime Control and Prevention in the total amount of
$118,191 for the continuation of funding to the Washington
County Community Partnership for the Community Care
Coordination Center. Unanimously approved.
BID AWARD — LANDIS ROAD/LONDONTOWNE DRIVE CHANNEL & CULVERT
IMPROVEMENTS
Motion made by Commissioner Swartz, seconded by Wivell, to
award the contract for the Landis Road/Londontowne Drive
channel and culvert improvement project to C. William
Hetzer, Inc. which submitted the low responsive,
responsible bid of $244,706. Motion carried with
Commissioners Swartz, Wivell and Snook voting "AYE" and
Commissioner Schnebly "ABSTAINING."
UPDATE ON CHARACTER COUNTS!
Carolyn Brooks and Mary Ellen Waltemire, members of the
Washington County Character Counts! Coalition, met with the
Commissioners to provide them with an update on their
activities and future plans. Ms. Brooks reviewed some of
the highlights of the program over the past year. She also
provided information on the activities that have been held
and the agencies that they have worked with to promote the
Character Counts! Program in the County.
Ms. Waltemire informed the Commissioners that the Coalition
set four goals at their recent strategic planning meeting.
The goals are as follows: 1) secure funding, 2) bombard the
general public with information, 3) ascertain commitment of
present trainers and identify additional trainers, and 4)
develop specific curricula and presentation guidelines.
Ms. Brooks thanked the Commissioners for their previous
support and requested assistance for the purchase of
outdoor banners. She also informed them that the Character
Counts! Program would be submitting a request to be placed
on the list of non-profit agencies to which the Board of
County Commissioners may contribute funds. Ms. Brooks
estimated that 15 sets of banners would cost $10-12,000.
She informed them that the City of Hagerstown has pledged
$5,000 toward the purchase of the banners.
Motion made by Commissioner Swartz, seconded by Schnebly,
to match the contribution from the City of Hagerstown of
$5,000 to be used for the purchase of banners for the
Character Counts! Program, with funds to be taken from the
Commissioners' Contingency fund. Unanimously approved.
INFORMATION ON GREEN THUMB, INC.
Peter Schwartz, representing Green Thumb, Inc., met with
the Board to present information on the services provided
by Green Thumb, Inc. Mr. Swartz explained that Green Thumb
is a national, non-profit organization that does training
and job development for senior citizens who are 55
JANUARY 30, 2001
PAGE THREE
years of age or older with limited income. He stated that
the funding for the program is provided by the U.S.
Department of Labor.
Mr. Swartz provided information on the program coordinators
for Western Maryland. The Commissioners thanked Mr.
Schwartz for his presentation.
RECESS — WASHINGTON COUNTY HEALTH SYSTEMS LUNCHEON
The Commissioners recessed at 12:55 p.m. in order to attend
a luncheon and a presentation by the Washington County
Health System.
TOUR — LIPPINCOTT, WILLIAMS & WILKINS COMPANY
The Commissioners toured the Lippincott, Williams & Wilkins
Company facility located on Hunters Green Parkway.
Commissioner Iseminger rejoined the Commissioners at this
time.
RECESS
The Commissioners recessed at 4:30 p.m.
EVENING SESSION — TOWN OF WILLIAMSPORT
The evening session was convened at 7:00 p.m. at the
Williamsport Town Hall 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.
Also in attendance were Mayor John Slayman, Assistant Mayor
James Black and Council members James Kalbfleisch, Earle
Pereshuk, and Roxanne Long, and Town Clerk Donna Spickler.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Wivell,
followed by the Pledge of Allegiance to the Flag by the
full assemblage.
APPROVAL OF MINUTES — JANUARY 23, 2001
Motion made by Commissioner Iseminger, seconded by Swartz,
to approve the minutes of January 23, 2001, as submitted.
Unanimously approved.
PROCLAMATION - KIDS WITH HEART MONTH: CONGENITAL HEART
DEFECT AWARENESS MONTH
Commissioner Snook presented a proclamation to Lynn
Phillips, mother of a child with a congenital heart defect,
proclaiming the month of February 2001 as "Kids with Heart
Month: Congenital Heart Disorders Awareness Month" in
Washington County. The proclamation was presented in order
to help make citizens aware of congenital heart defects so
that early diagnosis and intervention become top
priorities.
TAX SETOFF PROGRAM
Commissioner Snook stated that, pursuant to Section 6-306
of the Tax -Property Article of the Annotated Code of
Maryland, the Commissioners are required to meet with each
municipality annually to discuss the tax setoff program.
He then reviewed calculations for the services included in
the program - parks, highways, and police. Commissioner
Snook stated that for Fiscal Year 2001, the Town is
estimated to receive $48,275. He stated that $16,563.37
was deducted per the agreement to pay for a utility
receivable and that this payment will satisfy the entire
obligation.
CITIZENS PARTICIPATION
Robert Weaver expressed concerns over trucks dragging mud
from the shale pit onto Clear Spring Road. He asked that
the Commissioners ask the County staff to police this
situation.
Bob Harsh informed the Commissioners of safety hazards that
exist on Falling Waters Road, Natural Well Road, and Neck
Road.
Gary Baker provided an update regarding the efforts of
homeowners in Tammany Manor, Van Lear Manor, and Virginia
Avenue opposing the land development proposed in that area.
He thanked the County staff for their site visit and asked
that the traffic study being provided by the developer be
carefully scrutinized.
JANUARY 30, 2001
PAGE FOUR
James Black, Assistant Mayor, asked the Commissioners to
comment on the travel plaza being proposed for construction
along Spielman Road.
Commissioner Iseminger explained that the requested use
would require a special exception from the Board of Zoning
Appeals (BZA). He stated that the BZA is independent of
the County Commissioners but assured the citizens that the
request would be thoroughly reviewed by that body.
Commissioner Snook indicated that the State Highway
Administration would also review the adequacy of the road
and entrance into the parcel.
Marvin Harsh stated that the
along Spielman Road and that
interfere with this activity.
route of the JFK marathon runs
the travel plaza would also
DISCUSSION OF TOPICS OF INTEREST - WILLIAMSPORT TOWN
COUNCIL
Commissioner Snook provided an update on the Williamsport
elderly housing and Church Street extension projects. He
explained that the road project has been separated from the
housing project. Commissioner Snook stated that the cost
estimate for the road construction has risen dramatically
and is now approximately $400,000. He indicated that the
County may request Program Open Space funding for the
construction of the portion of the road within the Town
Park. Mr. Black stated that the Town has long-range plans
for the park that may have to change if the road is not
constructed. Commissioner Snook said that they would take
that into consideration when they review the CIP budget.
Mayor Slayman informed the Commissioners that the
Washington County Housing Authority requested that the Town
waive the water and sewer connection fees for the elderly
housing project. Commissioner Snook stated that the
project would not be funded in the near future.
Commissioner Snook informed the Town officials that the
County would have a road overlay program this year and
asked them to contact Gary Rohrer, Director of Public
Works, if they are interested in participating. Mr. Black
stated that the Town would like to participate and that he
would provide an estimate of the amount of overlay that
would be needed next fiscal year.
Mr. Shoop stated that the County plans to schedule spring
and fall clean-up days at the Forty West landfill as well
as an open house. He indicated that he would get the dates
to them. Commissioner Snook asked whether Williamsport was
interested in entering into a cooperative use agreement
whereby the Town would agree to utilize the County landfill
if the County would agree to a specified rate.
Commissioner Snook stated that Williamsport Elementary
School is in the Board of Education's capital budget and is
scheduled for design and renovation over the next two
fiscal years.
John Martirano, Assistant County Attorney, informed the
Town that he has spoken to Ed Kuczynski, Town Attorney,
with regard to the transfer of water lines to the Town.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Iseminger reported on the meeting with the
Cascade Elementary School PTA and CAC regarding the
possible closing of the school. He stated that he attended
the public hearing held by the Maryland Department of the
Environment (MDE) on establishment of a zone of dewatering
influence for the Beaver Creek quarry. Commissioner
Iseminger informed the Commissioners that the Planning
Commission met with the residents of Tammany/Van Lear to
visit the site of the proposed development in that area.
He also reported on the Metropolitan Planning Organization
meeting and the Economic Development Commission strategic
planning session. Commissioner Iseminger stated that he
was the guest speaker at a recent meeting of the Hagerstown
Lions Club.
Commissioner Swartz stated that he attended the annual
banquets of the Clear Spring Volunteer Fire Company and the
Maugansville Volunteer Fire Company. He informed the
Commissioners that he attended the dedication
JANUARY 30, 2001
PAGE FIVE
ceremony honoring Horace Murphy, former administrator of
the Washington County Hospital. Commissioner Swartz also
commented on the presentation
made by Peter Schwartz on Green Thumb and the activities of
the Maryland Theatre Board of Directors.
Commissioner Schnebly informed the Commissioners that he
attended the first meeting of the MACo Legislative
Committee. He stated that he also met with State Senate
President Mike Miller, House Speaker Casper Taylor, and
Department of Transportation officials to lobby for State
funding for the Airport runway extension.
Commissioner Wivell reported on the Solid Waste Advisory
Committee meeting at which time they discussed possible
networking to bid garbage collection. The Advisory
Committee also discussed concerns regarding the State of
Maryland's tire amnesty day. Commissioner Wivell stated
that he attended the Municipal League meeting, the MDE
public hearing, and the Smithsburg Library Committee
meeting.
Commissioner Snook reviewed correspondence he received from
the City Planning Commission, asking to be involved in any
consideration of closing schools within the City of
Hagerstown. He also distributed a letter from the Mayor of
Keedysville asking for an easement over County property for
the rails -to -trails program. Commissioner Snook stated
that he attended a meeting of the local delegation to the
General Assembly while he was in Annapolis. He relayed
comments he received on the new landfill and asked the
staff to resolve the issues.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, reported that the
CIP Committee has been reviewing that budget. He stated
that he attended a MACo presentation from the State Highway
Administration. Mr. Rohrer informed the Commissioners that
he met with the Homebuilders Association regarding the
Street Acceptance Policy.
Alan Davis, Director of Human Resources, informed the
Commissioners that he has been working on revisions to
County policies. He stated that the Local Management Board
would hold a training session tomorrow. Mr. Davis reported
that he has completed the OSHA reports for 2000.
Debra Bastian, Director of Finance, told the Commissioners
that W -2's were distributed on time. She also stated that
the draft of the CIP budget has been completed. Ms.
Bastian provided an update on revenue projections as of
December 2000.
Robert Arch, Director of Planning & Community Development,
said that he would be attending the MACo Planners affiliate
meeting to review the legislative package proposed by the
Governor. He stated that the hearing on MPO projects was
held last week. Mr. Arch informed the Commissioners that
he would be interviewing candidates for the Recreation
Manager position in the near future. He provided an update
on the Program Open Space application.
REAPPOINTMENT - AGRICULTURAL LAND PRESERVATION ADVISORY
BOARD
Motion made by Commissioner Wivell, seconded by Schnebly,
to reappoint Gerald Ditto to the Agricultural Land
Preservation Advisory Board for a three-year term.
Unanimously approved.
RE/APPOINTMENTS - DISABILITIES ADVISORY COMMITTEE
Motion made by Commissioner Swartz, seconded by Iseminger,
to appoint Gary Swartz to the Disabilities Advisory
Committee for a two-year term and to reappoint Peter
Perini, Sr., and Patricia McMillian for two-year terms.
Unanimously approved.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, informed the
Commissioners that the State of the City forum has been
scheduled for March 6. He stated that he attended a
Greater Hagerstown Committee meeting at which Chuck
Middleton, Vice Chairman of Academic Affairs at the
University System of
JANUARY 30, 2001
PAGE SIX
Maryland, provided an update on the University System of
Maryland project.
Motion made by Commissioner Iseminger, seconded by Swartz,
to adjourn at 8:50 p.m. Unanimously approved.
County Administrator
County Attorney
County Clerk