HomeMy WebLinkAbout010313March 12, 2001
Hagerstown, Maryland
JOINT PUBLIC HEARING - RZ-01-001 & RZ-01-002
A joint public hearing of the Board of County Commissioners of
Washington County and the Washington County Planning Commission
was convened in Court Room #1 at 7:00 p.m. to hear testimony and
receive evidence in text amendment cases RZ-01-001 and RZ-01-
002. Presiding at the hearing were County Commissioners Vice
President Paul L. Swartz and Planning Commission Chair Paula
Lampton. Also present at the hearing were County Commissioners
Bertrand L. Iseminger, Jr., John L. Schnebly, and William J.
Wivell. Planning Commission members Donald Ardinger, Tim Henry,
George Anikis and Ben Clopper were also in attendance. After
presentations and public testimony were heard, it was announced
that the record would remain open for ten (10) days to allow
additional evidence to be submitted in writing. The public
hearing was adjourned at 7:40 p.m.
County Administrator
County Attorney
Commissioners Snook,
the annual breakfast
Extension Service at
Clerk
March 13, 2001
Hagerstown, Maryland
Swartz, Iseminger, and Schnebly attended
meeting sponsored by the Washington County
7:30 a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:30 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.
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.
APPROVAL OF MINUTES - MARCH 1 & MARCH 6, 2001
Motion made by Commissioner Iseminger, seconded by Wivell to
approve the minutes of March 1 and March 6, 2001, as amended.
Unanimously approved.
PROCLAMATION - TALL CEDAR OF LEBANON WEEK
Commissioner Snook presented a proclamation to Charles Koeneke,
Grand Tall Cedar of the Hagerstown Forest, designating the week
of March 18-24, 2001, as Tall Cedars of Lebanon Week and
commending this observance to all citizens. Mr. Koeneke thanked
the Commissioners for the proclamation and announced the
activities and fundraising efforts that would be held during
this week to benefit research on neuromuscular diseases.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Iseminger stated that he attended the Business
Awards Banquet. He reported on the meetings of the Western
Maryland Consortium and the Advisory Commission to the Board of
Health.
Commissioner Wivell informed the Commissioners that he submitted
testimony at a hearing on Senate Bill 768, which would return 11
cents of property tax revenues per $100 of assessed valuation to
each county on an annual basis. He also reported on the
meetings of the Water & Sewer Advisory Commission and the PenMar
Development Corporation (PMDC). Commissioner Wivell stated that
he will tour Eastern Elementary School next Wednesday and
invited the other Commissioners to join him.
Commissioner Schnebly reported on the meeting of the Historical
Advisory Committee.
Commissioner Swartz stated that he testified in support of House
Bills 1 and 950 regarding funding for education. He reported on
the meetings of
MARCH 13, 2001
PAGE TWO
the Commission on Aging and the Homelessness Task Force.
Commissioner Swartz informed the Commissioners that he
participated in "Read Across America" by reading to classes at
Salem Avenue Elementary School.
Commissioner Snook commended County staff for sponsoring a booth
at the Homebuilders Home Show last week. He reported on
meetings of the Economic Development Commission and the Western
Maryland Consortium. Commissioner Snook stated that the
Consortium might have funding available to establish a ridership
program through the County Commuter, similar to the JOBS Program
sponsored by the Department of Social Services. He informed the
Commissioners that the Economic Development Commission's
Celebration of Business has been scheduled for May 7. He also
stated that he received a letter that construction of new post
office facilities in Rohrersville, Maugansville and Boonsboro
has been postponed due to budget cuts. Commissioner Snook
stated that the next meeting of the Western Maryland County
Commissioners would be in Garrett County on either May 4 or 18.
He stated that he received letters from Delegates Shank and
Donoghue that they have withdrawn legislation that would have
mandated County funding for the Boonsboro fire company
substation, based upon the Board's commitment to provide
funding. He also reported on a letter from the State Department
of Housing & Community Development that funding has been
appropriated for low interest mortgages in HotSpots areas.
PUBLIC HEARING - ADOPTION OF 1999 NATIONAL ELECTRICAL CODE
The Commissioners convened a public hearing at 10:04 a.m. for
the purpose of considering the repeal of the 1996 National
Electrical Code (Code) and the enactment of the 1999 Code for
Washington County with some local amendments. Paul Prodonovich,
Director of Permits & Inspections, reviewed the updated Code
with the Commissioners. He stated that Board of Supervisors and
Examiners for Electricians reviewed the Code and recommended
changes to simplify and clarify selected sections. The meeting
was then opened for public comment. No one spoke in favor of or
in opposition to the proposed adoption of the 1999 Code, and the
hearing was closed at 10:08 a.m. Commissioner Snook stated that
the record will be held open for ten (10) days to allow
additional comments to be submitted in writing.
REPORTS FROM COUNTY STAFF
Debra Bastian, Director of Finance, stated that her staff has
been working on the FY 2002 budgets. She stated that she has
been compiling tax differential information for the upcoming Tax
Setoff Committee meetings. Ms. Bastian informed the
Commissioners that several employees from Frederick County
government visited last week to see Washington County's
PeopleSoft financial system.
Alan Davis, Director of Human Resources, stated that a
Memorandum of Understanding was signed last week with AFSCME
Council 67 and that copies are available for distribution. He
informed the Commissioners that the Salary Study Commission, the
citizens committee appointed to review the salaries of elected
officials, would be holding its first meeting tomorrow. Mr.
Davis reported that the meeting of the Local Management Board is
scheduled for March 16. He also informed the Commissioners that
they are dealing with one minor issue on the joint health
insurance bid and that they hope to award the contract in the
near future.
Gary Rohrer, Director of Public Works, informed the
Commissioners of the resignation of Tom McClellan, Facilities
Engineer at the Water & Sewer Department. He stated that the
Highway Superintendent and several supervisors are attending a
roadway management conference sponsored by the State Highway
Administration. Mr. Rohrer reported that the Landis
Road/Londontowne Drive project should be finished by July. He
stated that they have begun meeting with the PMDC staff on
issues such as the proposed new stormwater management ordinance
and street acceptance policy. He also informed the
Commissioners that he met with the design team on the Sheriff's
patrol facility and that he would discuss his findings during
the review of the Capital Improvement Program (CIP) budget.
MARCH 13, 2001
PAGE THREE
Robert Arch, Director of Planning & Community Development,
informed the Commissioners that Paula Reed was employed to
perform a historical analysis on the French Lane property. He
stated that he has scheduled a meeting with the Superintendent
of the Antietam National Battlefield Park to update the maps on
the preservation easements near the Battlefield. Mr. Arch
indicated that the Recreation Commission staff would be meeting
with the Board of Education to coordinate track improvement
projects through Program Open Space. He stated that the
conversion process for Ditto Farms under Program Open Space has
been started. Mr. Arch also reported that he would be
recommending changes to the agreement with the Friends of the
Museum at the Agricultural Education Center. He stated that he
would be attending a confernce of the Association of
Metropolitan Planning Organizations. Mr. Arch informed them
that the State has started the Interstate 81 widening study.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that a joint meeting with the Washington County Volunteer Fire &
Rescue Association has been tentatively scheduled for March 31.
He reported that the February casual day fundraiser raised $475.
Mr. Shoop stated that the funds were raised on behalf of Ethan
Morningstar, a four-year old who suffers from acute myeloblastic
leukemia. He reminded the Commissioners that the employee
service awards breakfast is scheduled for May 1. The Board of
Education's budget presentation is scheduled for April 2 at
Western Heights Middle School.
CITIZENS PARTICIPATION
Gale Reeder, Michael Easterday and Todd Easterday appeared
before the Commissioners to express their concerns with the
Permits & Inspections Department. Michael Easterday provided a
synopsis of problems they have encountered in the course of
renovating a house on Mt. Aetna Road. After hearing from all
parties, Commissioner Snook recommended that they meet with the
Assistant County Attorney to discuss the situation so there are
no misunderstandings regarding code enforcement. John Martirano,
Assistant County Attorney, stated that he has met with the
Easterdays and that there is only one outstanding issue to
resolve at this time.
Vicki Bodnar raised questions about changes to the Animal
Control Ordinance and its enforcement. She cited problems she
has encountered in her neighborhood with pit bulls.
Commissioner Snook informed Ms. Bodnar that the Humane Society
cannot enforce the Animal Control Ordinance inside the
municipalities unless they adopt the County's Ordinance or adopt
their own ordinance and provide enforcement.
BID AWARD - TRACTOR WITH FLAIL MOWER FOR AIRPORT
Motion made by Commissioner Schnebly, seconded by Iseminger, to
award the contract for one (1) tractor with flail mower for the
Hagerstown Regional Airport to Antietam Tractor, which submitted
the low responsive, responsible bid of $75,823 for a five-year
lease. Unanimously approved.
CHANGE ORDER - STORMWATER MANAGEMENT POND AT HAGERSTOWN REGIONAL
AIRPORT
Motion made by Commissioner Iseminger, seconded by Wivell, to
approve a change order with D. L. George & Sons Construction Co.
in the amount of $100,189.10 to allow unsuitable material to be
excavated and replaced at the regional stormwater management
pond at the Hagerstown Regional Airport. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Swartz, to
convene in closed session at 11:17 a.m. to discuss a matter
directly related to a negotiating strategy or the contents of a
proposal, as public discussion would adversely impact the
County's ability to participate in the proposal process, 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 Wivell, to
reconvene in open session at 11:30 a.m. Unanimously approved.
MARCH 13, 2001
PAGE FOUR
In closed session, the Commissioners discussed a matter directly
related to a negotiating strategy or contents of a proposal, as
public discussion would adversely impact the ability of the
County to participate in the proposal process. Present during
closed session were Commissioners Gregory I. Snook, Paul L.
Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and
William J. Wivell. Also present at various times were Rodney
Shoop, County Administrator; John Martirano, Assistant County
Attorney; Joni Bittner, County Clerk; and Greg Murray, Director
of the Water & Sewer Department.
NEW BUSINESS INCUBATOR STUDY
Phillip Singerman, Executive Director of Maryland Technology
Development Corporation (TEDCO), and Robert Sweeney,
representing Allegheny Ventures, met with the Commissioners to
request their support for a TEDCO program on a business
incubator study. Mr. Singerman provided a history of TEDCO and
its mission. He stated that TEDCO was formed by the State to
foster the growth of new technology firms in the State. Mr.
Singerman then provided information on programs to support
existing incubators in the State and to assist communities in
developing new business incubators. Mr. Singer stated that
TEDCO would share the cost of a feasibility study, so long as
the County provides matching funds and that the study is done by
an independent entity. Mr. Sweeney submitted a proposal to
develop a concept design and implementation plan for the
Friendship Technology Park incubator as a joint venture between
TEDCO, Allegheny Ventures, CISCO Systems, MITC, and Washington
County. He stated that the plan is to develop a multi -tenant
"smart building" dedicated to start-up companies. Mr. Sweeney
asked the Commissioners to provide $3,000 in funding toward the
total project cost of $50,000 and a letter of support for a
design and implementation plan for the Friendship Technology
Park incubator. He stated that the following companies have
committed to financing for the study: TEDCO - $25,000, Allegheny
Ventures - $10,000, CISCO Systems - $10,000, and MITC $2,000.
The Commissioners discussed the request and agreed to provide
the requested funding and letter of support.
Motion made by Commissioner Swartz, seconded by Iseminger, to
approve the request to provide $3,000 of matching funds for the
development of a concept design and implementation plan for the
Friendship Technology Park incubator as a joint venture between
TEDCO, Allegheny Ventures, CISCO Systems, MITC, and Washington
County, with funding to be taken from the Contingency fund.
Motion carried with Commissioners Swartz, Iseminger, Schnebly
and Snook voting "AYE" and Commissioner Wivell "ABSTAINING."
RECESS — LUNCH
The Commissioners recessed at 11:51 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:00 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.
INTERDEPARTMENTAL COMMITTEE ON ADOLESCENT PREGNANCY PREVENTION &
PARENTING
Maureen Grove and Lee Brooks, representing the Interdepartmental
Committee on Adolescent Pregnancy Prevention & Parenting
(ICAPPP), met with the Commissioners to provide an update on the
increasing County teen pregnancy rate. Ms. Grove provided the
Commissioners with a summary of the 2000 teen pregnancy survey
that was done jointly by the Washington County Hospital and
ICAPPP. She stated that the problem needs to be recognized and
appropriate education provided to teens. Although the number of
teen births in the State is declining, Washington County's rate
continues to increase. Ms. Grove indicated that Washington
County has the fourth highest teen pregnancy rate in the State.
Ms. Grove and Ms. Brooks then reviewed the results from the
survey. They stated that there were 187 births (11%) recorded at
Washington County Hospital to girls aged 19 and under in 2000,
including three who were 13 years of age. The survey was
completed and returned by 103 girls. The meeting was then opened
for discussion and questions from the
MARCH 13, 2001
PAGE FIVE
Commissioners. The Commissioners asked that ICAPPP attempt to
find out what programs are working in other communities and what
they are doing to address the problem. Commissioner Snook
thanked the members of ICAPPP for providing them with the
information.
BUDGET WORKSHOP - FINAL CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW
The Commissioners conducted a budget workshop to discuss the
projects submitted for the Capital Improvements Program (CIP)
for Fiscal Years 2002-2007. Debra Bastian, Director of Finance,
Robert Arch, Director of Planning & Community Development, and
Gary Rohrer, Director of Public Works, attended the workshop.
Ms. Bastian provided a summary of the projects and the changes
made at the last workshop meeting. She stated that funding for
the Mills Road Culvert project could be shifted to 2007 in order
to provide increased funding for the Sheriff's patrol facility.
Ms. Bastian stated that if this occurs, some projects might have
to be "reshuffled."
Ms. Bastian reviewed the changes made in assumptions in order to
lower bond costs below $12 million and stay within the debt
affordability range. She stated that "pay go" funding was
increased from $100,000 to $150,000, and that funds could be
reappropriated. Ms. Bastian recommended, assuming there is a
surplus in Highway funds, that these excess funds be used
instead of bond funds to pay for the overlay program. Mr. Shoop
suggested 100% funding for the overlay program from the surplus
in the Highway Revenue Fund to allow bond funding to be reduced.
The Commissioners then discussed bond funding and whether to use
additional "pay go" funding to pay for projects or to reduce the
number of projects. The Commissioners asked Ms. Bastian to
provide two scenarios, increasing "pay go" funding by $500,000
and $1 million to lower bond funding. Commissioner Schnebly
recommended that the Commissioners review the Board of
Education's operating budget since this is the largest budget.
He also emphasized that budget estimates have to be realistic
because there be no be additional contingency to fund increased
prices.
Mr. Rohrer informed the Commissioners that he met with the
consultant design team and engineering staff to evaluate the
overall project budget for the Sheriff's patrol facility. He
stated that they have reduced costs and that he is recommending
that the Commissioners approve the revised project total of
$1,814,562. Mr. Rohrer stated that this total includes design
fees and equipment. He estimated the revised cost for
construction of the facility at $1,604,000. The Commissioners
discussed the increase from the original budget and the
architect's rendition. Mr. Rohrer stated that, if the bids come
in higher than the $1,604,000 projection, he would recommend
that the project not be built. The Sheriff concurred with this
recommendation.
Motion made by Commissioner Iseminger, seconded by Swartz, to
proceed with the Sheriff's patrol facility project and to set a
limit of $1,604,000 for the cost of construction as recommended
by the Director of Public Works. Motion carried with
Commissioners Iseminger, Swartz, Schnebly and Snook voting "AYE"
and Commissioner Wivell voting "NO."
CONVENE IN CLOSED SESSION
Motion made by Commissioner Iseminger, seconded by Swartz, to
convene in closed session at 2:42 p.m. to discuss personnel
issues, and to discuss a matter directly related to a
negotiating strategy, as public discussion would adversely
impact the ability of the County to participate in the proposal
process, 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 Schnebly, to
reconvene in open session at 3:50 p.m. Unanimously approved.
MARCH 13, 2001
PAGE SIX
In closed session, the Commissioners discussed two (2) personnel
issues and discussed a matter directly related to a negotiating
strategy, as public discussion would adversely impact the
ability of the County to participate in the proposal process.
Present during closed session were Commissioners Gregory I.
Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L.
Schnebly, and William J. Wivell. Also present at various times
were Rodney Shoop, County Administrator; John Martirano,
Assistant County Attorney; Joni Bittner, County Clerk; and Dean
Lowry, Real Property Administrator.
RECESS
The Commissioners recessed at 3:50 p.m. to attend a joint
meeting with the Board of Education at the central office.
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at the central
office on Commonwealth Avenue at 4:15 p.m. The following
members of the Board of Education were present: Paul Bailey,
Mary Wilfong, Bernadette Wagner, Roxanne Ober, Dori Nipps, and
Edward Forrest. Staff members present were Dr. Herman Bartlett,
Superintendent of Schools; Dennis McGee, Director of Facilities
Management; William McKinley, Executive Director of Support
Services; Phil Ray, Director of Human Resources; and Christian
South, Director of Budget & Finance.
Joint Health Insurance Bid - Update
Alan Davis, Director of Human Resources, provided a brief report
on the status of the joint health insurance bid. Mr. Davis
stated that seven bids were opened on January 11, 2001. He
indicated that the Coordinating Committee has met several times
to review the bids with the consultants who assisted in
preparation of the bid documents and analysis of proposals. He
stated that there is one reinsurance issue to resolve with
Hagerstown Community College. Mr. Davis stated that they are now
negotiating with several finalists and it is hoped that a final
recommendation can be made in the next several weeks.
Board of Education "Retirement of Facilities" Policy
Mr. McKinley stated that a joint committee met on February 28 to
identify the process to retire Board of Education facilities.
The process for school consolidation was presented for
discussion. Mr. McKinley reviewed the proposed process for
school closings. He informed the Commissioners that the four
scenarios for school consolidation would be reviewed with the
Board of Education to determine whether there is enough interest
to proceed to obtain public input. Mr. McKinley recommended
that four public meetings be held in the community at one-month
intervals. He stated that, following the meetings, the Board
would make a decision on whether to adopt any or all of the
proposals. Mr. McKinley indicated that a decision must be made
by August 20 to allow the submission of the Capital Improvements
Program (CIP) to the Interagency Committee in September. The
group discussed whether to hold public hearings or to use a town
meeting to allow additional dialogue with the citizens. They
agreed that it would be beneficial to be able to share
information with the public rather than to simply hear
testimony.
Motion made by Commissioner Wivell, seconded by Schnebly, to
disband the joint Facilities Review Committee. Unanimously
approved.
Commissioner Snook thanked the members of the Facilities Review
Committee for their service.
Mrs. Ober informed the Commissioners that the Board voted to
consider redistricting of schools at the time the hearings are
held.
Washington County Educational Foundation
Commissioner Snook stated that he met with Board members who
want to revive the Washington County Educational Foundation.
Mrs. Ober stated that former members of the Foundation were
contacted to determine whether they were still interested in
serving or if new members are needed to fill the positions. She
indicated that four of the members are interested in continuing.
Ms. Ober stated that they wish to hire a part-
MARCH 13, 2001
PAGE SEVEN
time person who would be responsible for implementing the
marketing plan and to write grants. Mrs. Wagner stated that
they hoped the Commissioners would fund the first year of the
program. Commissioner Iseminger asked for additional information
from other counties on how well educational foundations work in
those jurisdictions. The meeting was then opened for questions
and discussion. The Commissioners agreed to help to find
interested citizens for appointment to the Foundation. It was
agreed that an organizational meeting would be scheduled when
there are seven members. Bernadette Wagner asked that the names
of interested individuals be sent to her within the next two
weeks time.
ADJOURNMENT
Motion made by Commissioner Swartz, seconded by Wivell, to
adjourn at 5:05 p.m. Unanimously approved.
County Administrator
County Attorney
Clerk