HomeMy WebLinkAbout010821August 21, 2001
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, 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 — AUGUST 7, 2001
Motion made by Commissioner Iseminger, seconded by Wivell, to
approve the minutes of August 7, 2001, as presented.
Unanimously approved.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Iseminger reported on the meeting of the Fire &
Rescue Subcommittee of the Emergency Services Council and the
Public Golf Corporation Board of Directors. He stated that he
and Commissioner Schnebly met with citizens from the Tammany
area who are interested in forming a neighborhood watch program.
Commissioner Iseminger informed the Commissioners that the
Gaming Commission would like to meet with the Board of County
Commissioners.
Commissioner Swartz reported on the Disabilities Advisory
Committee meeting. He informed the Commissioners that he
attended the Outdoor Sports Celebration at Woodmont and the 35th
anniversary celebration for Reverend Don Stevenson.
Commissioner Schnebly informed the Commissioners that he
attended the reception for Cheryl Walkley, former director of
Community Action Council. He also attended a meeting of the
Herald Mail Focus group. Commissioner Schnebly stated that he
was contacted by a vendor regarding the award of the telephony
bid and asked the staff to send a response.
Commissioner Snook suggested that the Commissioners send a
letter to the Agricultural Education Center Board congratulating
them on the success of Ag Expo. He informed the Commissioners
that a public meeting to discuss the Thornton Commission
recommendations is scheduled on September 10 at Urbana High
School. Commissioner Snook distributed a copy of Community
Action Council's block grant application for review. He
informed the Commissioners that notification was received from
the Department of the Environment that Mack Trucks has applied
for a Part 70 Operating Air Quality Permit. Commissioner Snook
informed the Commissioners that the City of Hagerstown would be
holding a public hearing on September 25 regarding the request
to annex the Shank farm property north of Hagerstown. He also
informed them that the Western Maryland Heritage Foundation has
requested funding from the proceeds of the hotel rental tax
revenues to restore the King farmhouse in Boonsboro.
Commissioner Snook stated that the Chief Engineer is monitoring
the new road reclamation projects. He informed the
Commissioners that Harry Sachs has replaced Gloria Urban as
Director of Government Reference Services at the Library. He
received notice from the State Highway Administration that they
would be starting the second phase of the Main Street project in
Hancock. Also, a letter was received from the Maryland Symphony
Orchestra thanking the Commissioners for contributing to its
educational outreach program.
REPORTS FROM COUNTY STAFF
Debra Bastian, Director of Finance, stated that her staff is
proceeding to close out the FY 2001 budget. She advised the
Commissioners that the auditors would begin work on August 27.
Alan Davis, Director of Human Resources, informed the
Commissioners that the Salary Study Commission is scheduled to
make its recommendations at the August 28 meeting. He stated
that McKay Shields would be giving a quarterly review on
September 5. Mr. Davis informed the Commissioners that the FY
2002 contribution has been made to the Length of Service Awards
Program (LOSAP) fund and that there is now over $1 million in
it.
AUGUST 21, 2001
PAGE TWO
Gary Rohrer, Director of Public Works, distributed a Department
of Transportation brochure on traffic signalization. He
provided updates on the following projects: biological nutrient
removal (BNR), overlay, and the Court House Annex and County
Office Building renovations. Mr. Rohrer also reported that a
safety training workshop is being held today.
Robert Arch, Director of Planning & Community Development,
informed the Commissioners that he met with Department of
Natural Resources staff regarding the property exchange for the
Ditto Knolls and Tammany Manor properties. Mr. Arch informed
the Commissioners that Ron Maxwell, director of the movie "Gods
and Generals" would attend the joint City/County meeting
regarding repayment of the loan for pre -production. He stated
that the Department of Business & Economic Development may
submit an application for a Community Development Block Grant
(CDBG) loan for Lenox. Mr. Arch stated that he attended a
meeting in regard to developing guidelines for a long-range open
space plan. He indicated that he would be meeting with DNR
officials regarding TMDL limits.
EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP) CONTRACT
Bradley Sell, Executive Director of Food Resources, Inc.,
informed the Commissioners that the Community Action Council
will no longer be administering the Emergency Food Assistance
Program due to changes in its staffing, and recommended that
Food Resources, Inc. be designated as the Emergency Feeding
Organization (EFO) for Washington County. Mr. Sell stated that
Food Resources has experience in food distribution to non-profit
agencies and is willing to accept this designation.
Motion made by Commissioner Swartz, seconded by Schnebly, to
designate Food Resources, Inc. as the Emergency Feeding
Organization for execution of the Emergency Food Assistance
Program (TEFAP) contract for Washington County. Unanimously
approved.
BID AWARDS - GENERAL LIABILITY, AUTOMOBILE LIABILITY AND
PHYSICAL DAMAGE, LAW ENFORCEMENT LIABILITY AND UMBRELLA EXCESS
LIABILITY INSURANCE
Motion made by Commissioner Schnebly, seconded by Iseminger, to
award the contracts for general liability, automobile liability
and physical damage, law enforcement liability, and umbrella
excess liability insurance to Willis Corroon Corporation of
Maryland, which submitted the low responsive, responsible bid of
$339,129. Unanimously approved.
NATIONAL REGISTER NOMINATION - WILLIAMSPORT HISTORIC DISTRICT
Stephen Goodrich, Senior Planner, informed the Commissioners
that he met with the Williamsport Town Council on August 13 to
explain the effects of listing the Town in the National Historic
Register. He stated that the Council confirmed its desire to
continue with the application. Mr. Goodrich then reviewed the
nomination with the Commissioners.
Motion made by Commissioner Swartz, seconded by Wivell, to
submit the application for the Williamsport Historic District to
the Maryland Historical Trust for nomination to the National
Register of Historic Places. Unanimously approved.
APPOINTMENTS - WASHINGTON COUNTY COMMUNITY PARTNERSHIP BOARD
Motion made by Commissioner Swartz, seconded by Schnebly, to
appoint Jo Ellen Barnhart and Dr. Julian Sidlowski to the
Washington County Community Partnership Board as community
representatives for three-year terms. Unanimously approved.
"ON BEHALF OF" PROGRAM - 2001 HOUSING BOND AUTHORIZATION
Motion made by Commissioner Iseminger, seconded by Wivell, to
assign Washington County's 2001 housing bond allocation in the
amount of $2896,512 to the Community Development Administration
for use in the On Behalf of (OBO) Program. Unanimously
approved.
APPOINTMENT - DISABILITIES ADVISORY COMMITTEE
Motion made by Commissioner Swartz, seconded by Iseminger, to
appoint Sharon Landis to the Disabilities Advisory Committee to
fill the unexpired term of Linn Hendershot, which extends to
October 31, 2002. Unanimously approved.
AUGUST 21, 2001
PAGE THREE
FY 2002 EASEMENT RANKINGS FOR AGRICULTURAL LAND PRESERVATION
PROGRAM
Eric Seifarth, Farmland Preservation Coordinator, met with the
Commissioners to review the easement rankings for Fiscal Year
2002 as recommended by the Agricultural Land Preservation
Advisory Board. Mr. Seifarth stated the Maryland Agricultural
Land Preservation Foundation (MALPF) has asked the County not to
submit more than 80 percent of the applications to Annapolis for
further review. Mr. Seifarth stated that the Board has
recommended sending no more than 20 of the applications to the
State. He explained that funds from the County portion of the
agricultural transfer tax will be used for funding easement
purchases and administrative costs and will be matched by the
State on a 60/40 basis. He then reviewed the process used by
the Advisory Board to rank the properties and briefly reviewed
each application. He stated that he anticipates that the County
will only have enough money to purchase three easements.
Commissioner Snook then opened the meeting for public comment.
Robert Kline spoke in favor of the rankings and provided
information on Carroll County's program on development rights.
The hearing was closed at 10:25 a.m.
Motion made by Commissioner Iseminger, seconded by Swartz, to
accept the
recommendation of the Agricultural Land Preservation Advisory
Board for agricultural easement priority rankings and to
forward the 20 top-ranked applications to the Maryland
Agricultural Land Preservation Foundation for consideration in
the Fiscal Year 2002 easement acquisition program cycle.
Unanimously approved.
CITIZENS PARTICIPATION
Ed Miller stated that he received information from a citizens
group opposed to the truck stop and stated that he does not
approve of their tactics and the approach that was taken.
Donald Allensworth stated that he is opposed to the application
of the text amendment changing the definition of truck stop to a
project "in the pipeline." He also stated that he believes the
County has taken the proper position on annexation.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the Pan Am reception at the Airport terminal has been
scheduled for October 6. He stated that the ribbon -cutting
ceremony for the Clear Spring Library is scheduled for September
15. Mr. Shoop noted that the employee's Casual Day for July
raised $322 for the American Cancer Society. He reminded the
Commissioners that the August 28 evening meeting would be held
at the Fairplay Volunteer Fire Company.
RECESS - WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN
AND FAMILIES ANNUAL MEETING
The Commissioners recessed at 10:55 a.m. in order to attend the
annual meeting of the Community Partnership for Children and
Families.
AFTERNOON SESSION
The afternoon session was called to order at 1:07 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.
DEPARTMENT OF EMERGENCY SERVICES
Alan Davis, Director of Human Resources, met with the
Commissioners to review the proposed mission, vision,
objectives, and organizational structure as proposed by the
Emergency Services Council. Mr. Davis provided a summary of the
proposal to create a Department of Emergency Services and its
responsibilities. Mr. Davis indicated that the new Department
would include 911 Communications, Special Operations, Emergency
Management, the Air Unit, and Communications Maintenance. He
stated that the proposal was then reviewed by the Emergency
Services Council and revisions were made to the original
proposal. Mr. Davis indicated that recommendations included
reducing the Emergency Services Council from 15 members to
seven, continuing the Fire & Rescue Communications Advisory
Board, and including the President of the
AUGUST 21, 2001
PAGE FOUR
Washington County Volunteer Fire & Rescue Association (WCVFRA)
in the interview process for the new director of the Department
of Emergency Services. The Commissioners discussed whether to
include Communications Maintenance in this department and agreed
to revisit this item prior to January 1 when it is scheduled to
be incorporated into the new Department.
Motion made by Commissioner Iseminger, seconded by Schnebly, to
accept the recommendation made to create a Department of
Emergency Services with the revisions proposed by the Emergency
Services Council, contingent upon a review prior to January 2002
on whether to include the Communications Maintenance Department.
Unanimously approved.
Jason Baer, President of the WCVFRA thanked the Commissioners
for taking this step and showing that they take the subject of
emergency services seriously.
ADOPTION OF REVISED FEE SYSTEM FOR SEDIMENT & EROSION CONTROL
PLAN REVIEW
Motion made by Commissioner Iseminger, seconded by Schnebly, to
adopt the revised fee system for sediment and erosion control
plan review as proposed by the Soil Conservation District and
Homebuilders' Association to become effective October 1, 2001.
Unanimously approved.
EXCESS FUNDS AVAILABLE FOR HOTEL RENTAL TAX
Ben Hart, Executive Director of the Hagerstown -Washington County
Convention and Visitors Bureau (CVB), appeared before the Board
to request $50,000 from hotel rental tax proceeds to defray the
costs associated with the Forty and Eight convention and the
Junior Golf Association National Tournament. Mr. Hart explained
that the CVB Board of Directors is requesting that the
Commissioners consider providing any excess funds that are not
committed above the budgeted amount of $510,000, for these
events. The Commissioners discussed the request and explained
that a number of requests have been received for these funds.
Motion made by Commissioner Swartz to approve the request made
by the Convention & Visitors Bureau for $50,000 from the hotel
rental tax proceeds to be used for costs associated with the
Forty and Eight convention and the Junior Golf Association
National Tournament. Motion died for lack of a second.
Motion made by Commissioner Schnebly, seconded by Iseminger, to
provide $25,000 from the hotel room tax revenues to the
Convention & Vistors Bureau to be used for costs associated with
for the Forty and Eight convention and the Junior Golf
Association National Tournament, with the provision that the CVB
provide them with an outline of its future funding needs. Motion
carried with Commissioners Schnebly, Iseminger, Wivell and Snook
voting "AYE" and Commissioner Swartz voting "NO."
JOINT PUBLIC HEARING - RZ-01-006
A joint public hearing of the Board of County Commissioners of
Washington County and the Washington County Planning Commission
was convened at 2:00 p.m. to hear testimony and receive evidence
in text amendment RZ-01-006 to revise the definitions for truck
stop and truck terminal and Board of Zoning Appeals guidance for
special exceptions in the HI -1 zone. Presiding at the hearing
were County Commissioners President Gregory I. Snook and
Planning Commission Chair Paula Lampton. Also present at the
hearing were County Commissioners Paul L. Swartz, Bertrand L.
Iseminger, Jr., John L. Schnebly, and William J. Wivell.
Planning Commission members Donald Ardinger, Tim Henry,
George Anikis, Robert Ernst, 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 3:23 p.m.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Schnebly, seconded by Iseminger, to
convene in closed session at 3:27 p.m. to discuss personnel
issues, to consult with counsel to obtain legal advice, and to
consult with staff about potential litigation, in accordance
with Section 10-508 of the State
AUGUST 21, 2001
PAGE FIVE
Government Article of the Annotated Code of Maryland.
Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Swartz, seconded by Schnebly, to
reconvene in open session at 3:58 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) personnel
issues, consulted with counsel to obtain legal advice on one (1)
matter, and consulted with staff about potential litigation on
one (1) matter. 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, Acting County Attorney; Joni Bittner, County Clerk;
Alan Davis, Director of Human Resources; Bruce Poole, attorney
for Gods & Generals, Inc.; Jim Sandry and Vic Heutschy
representing Ted Turner Film Properties, LLC; Robert Ernst,
representing Farmers & Merchants Bank; and Robert Arch, Director
of Planning & Community Development.
RECESS
The Commissioners recessed at 3:58 p.m.
JOINT MEETING WITH CITY OF HAGERSTOWN
The Commissioners met with Mayor William Breichner and City
Council members Lewis Metzner, Linn Hendershot, Kristin
Aleshire, Penny Nigh, and Carol Moller at City Hall at 4:10 p.m.
Gods & Generals - Repayment of Loan
Ronald Maxwell, Director of the movie "Gods & Generals," and
Bruce Poole, counsel for Mr. Maxwell, appeared before the group
to formally announce that filming of the movie will begin on
August 28. Mr. Maxwell stated that Ted Turner Film Properties,
LLC, will take ownership of the movie after the loan to Farmers
& Merchants Bank is repaid. It is estimated that it will cost
$51 million to make the Civil War movie. Mr. Maxwell thanked
City and County officials for entering into the guaranty
agreement to back the $300,000 loan for pre -production costs. He
stated that the movie would not have been made without the
support and trust of the community. Commissioner Snook stated
that they want to ensure that 600 of the movie is filmed in
Washington County. Mr. Maxwell stated that filming will begin
in Washington County in September. Mr. Maxwell then introduced
Vic Heutschy, Public Relations Director for the film, who
presented a brief preview of the documentary about the making of
"Gods and Generals."
Motion made by Commissioner Iseminger, seconded by Swartz, to
enter into a Copyright Declaration and Subordination Agreement
with respect to the motion picture entitled "Gods and Generals,"
contingent upon the repayment of the $300,000 loan to Farmers &
Merchants Bank, recognizing that it shall be subject and
subordinate in all respects to the Screen Actors Guild's
Security Interest, with the condition that approximately 600 of
the filming be done in Washington County, and that all details
are resolved to the satisfaction of the County's legal staff.
Unanimously approved.
The City Council authorized Mayor Breichner to sign the
Subordination Agreement on behalf of the City of Hagerstown.
Performing & Visual Arts Center Feasibility Study
Barbara Spicher and John Waltersdorf, Co -Chairs of the
Performing & Visual Arts Center Steering Committee, met with the
group to present the findings of the feasibility assessment
study for the development of a Performing & Visual Arts Center
in Hagerstown. Ms. Spicher stated that the study shows that the
arts organizations involved cannot fully bear the cost of the
Center and would require subsidies. She indicated that the net
operating deficits is estimated to be $300,000 per year. The
deficits would require private, city and county contributions
until a $6 million endowment is raised. Ms. Spicher stated that
the consultants feel that a unified arts center incorporating
all facilities is the
AUGUST 21, 2001
PAGE SIX
preferred model. They also found that the best option would be
for the City of Hagerstown to acquire and own all of the
designated properties with a new 501(C)(3) organization formed
to manage the project. Ms. Spicher informed the group that the
consultants estimate the operating costs to be $630,000 with an
annual subsidy of $300,000. She anticipated that $500,000 would
be needed in FY 2002. The meeting was opened for questions and
discussion following the presentation.
Consolidated General Service Agreement Modification
Greg Murray, Director of the Water & Sewer Department, and Rick
Thomas, Director of the Water Pollution Control Department for
the City of Hagerstown, presented proposed modifications to the
Consolidated General Service Agreement. Mr. Thomas stated that
they are proposing modifications that would transfer wastewater
flow from the City of Hagerstown to the County. He informed the
group that interconnection of existing City/County systems
allows for utilization of all infrastructures to support new
planned growth outside the City, thereby taking advantage of
economies of sale to achieve operating efficiencies to the
County and reduce operating expense to the City while deferring
future capital improvements. Mr. Murray stated that the plan
was approved in concept and that a Memorandum of Understanding
was executed based on these concepts. He estimated additional
revenue of $1.5 million for each agency over a ten-year period.
He stated that the Joint City/County Committee has reviewed the
verbiage to resolve the concerns of the previous Mayor and
Council. The meeting was then opened for questions. After
discussion, it was the consensus that the agreement should go
back to the Joint City/County committee to resolve any issues
before the agreement is finalized.
Purchase of Shank Farm Sewer Line
Mr. Thomas stated that the Joint City/County Committee is
recommending that the City purchase a length of sewer line from
the County to serve the proposed Shank Farm annexation. He
stated that City ownership of this line would allow it to
provide service at lower rates and benefit charges. Mr. Thomas
reviewed a proposed contract of sale in the amount of $121,669.
He stated that the County has agreed to transfer this line to
the City in support of its annexation efforts. After
discussion, the Commissioners agreed to transfer the sewer line
contingent upon the annexation of the property into the City of
Hagerstown.
Martin's Crossroads Agreement
Mr. Murray presented a proposed agreement to immediately
transfer the assets of the Martin's Crossroads/Conococheague
Service Areas Water Agreement to the City to facilitate reduce
administrative efforts with single ownership and operation. He
stated that it would also reduce allocation fees and the need
for customers to deal with multiple agencies.
Motion made by Commissioner Iseminger, seconded by Swartz, to
adopt the agreement to transfer the assets of the Martin's
Crossroads/Conococheague Service Areas Water Agreement
contingent upon the assurance that the Maryland Department of
the Environment will allow the County to transfer the debt to
the City of Hagerstown and that Hagerstown Trust bank loans
would be paid off by the City. Unanimously approved.
It was the consensus of the Mayor and City Council to place this
item on the formal agenda for approval at their next regular
meeting.
ADJOURNMENT
Motion made by Commissioner Swartz, seconded by Wivell, to
adjourn at 5:50 p.m. Unanimously approved.
County Administrator
Acting County Attorney
Clerk
County