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HomeMy WebLinkAbout020723 July 23, 2002 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. 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 – JULY 16 & 17, 2002 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of July 16 and 17, 2002, as amended. Unanimously approved. PROPERTY TAX CREDIT POLICIES FOR AGRICULTURAL LAND PRESERVATION – SIX-MONTH REVIEW Eric Seifarth, Farmland Preservation Planner, met with the Commissioners regarding the policy set by the Agricultural Land Preservation Advisory Board regarding “partial terminations.” Mr. Seifarth explained that the State allows landowners whose first ten-year commitments under the Land Preservation Property Tax Credit program whose district terms expire to remove a portion of the property from the district agreement so long as the remaining property still qualifies for the program. The Advisory Board agreed with the State policy but voted not to allow a tax credit to continue. Mr. Seifarth informed the Commissioners that he contacted each of the property owners who did not renew under the tax credit program to ascertain their reasons for not renewing. He explained that several of the property owners wanted to build an additional house on their property but that State regulations do not allow subsequent owners to construct additional residences if the land is in the program. Gerry Ditto, a member of the Advisory Board, stated that the Board felt that the tax credit program was developed for those farmers who derive all of their income from the farm. An exception would encourage them to stay. The Commissioners discussed allowing an exception for additional lots for immediate family members. Motion made by Commissioner Iseminger, seconded by Swartz, to request that the Agricultural Land Preservation Advisory Board consider amending the policy on partial terminations to allow tax credits to continue for participants who have built a home or allowed an immediate family member to build on the property. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Iseminger reported on the public hearing on the revised Comprehensive Plan. He stated that he attended Congressman Bartlett’s press conference on the approval of the Foreign Trade Zone application. Commissioner Iseminger informed the Commissioners that he met with Rick DeGorter to discuss options for the St. James Park development. He also met with several of the Frederick County Commissioners regarding the proposed Comprehensive Plan and land use. Commissioner Iseminger reported on the Public Golf Board meeting. He introduced Julie Yoder who is attending today as part of her Frostburg State University class. Commissioner Iseminger informed the Commissioners that the Salvation Army Board has asked the Commissioners to consider waiving their landfill fees. The Commissioners asked for additional information and for recommendations from staff. Commissioner Wivell stated that he and Water & Sewer Advisory Commission President Clarence Scheer met with Mayor Breichner regarding water and sewer issues. He also attended the ground unveiling for the Smithsburg branch library. Commissioner Schnebly reported on the Airport Commission meeting. He stated that he attended the Washington County Sports Hall of Fame banquet. Commissioner Swartz stated that he met with retired school administrators, attended the public hearing on the revised Comprehensive JULY 23, 2002 PAGE TWO Plan, and presented a proclamation to the Health Department on their efforts to prevent aggressive driving. He informed the Commissioners that he attended the press conference on the Foreign Trade Zone, Smithsburg’s ground unveiling for its new library branch, and Cascade/Blue Ridge Summit Pride Days. Commissioner Swartz also participated in the Smithsburg Pride Days parade. He presented a proclamation to E.T. Michaels on th his 80 birthday and attended the Maryland Municipal League crab feast. Commissioner Snook reported on the Housing Authority meeting. He stated that the State Highway Administration (SHA) has scheduled a public information meeting on July 24 regarding the proposal to construct a new communications tower at I-70 and Route 65. Commissioner Snook informed the Commissioners that SHA has submitted an environmental application to widen and rehabilitate the bridges on I-70 over Tonoloway Creek. He stated that he received a request from the Washington County Association of Museums and Historic Sites to provide financial assistance for printing of their brochures. The Commissioners stated that this should be submitted for funding from hotel rental tax proceeds. Commissioner Snook indicated that he met with several congressional members to attempt to solicit businesses at the Lakeside Corporate Center, the former Fort Ritchie property. CITIZENS PARTICIPATION There was no one present who wished to participate. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he is proceeding with the sign for Hopewell Valley. He stated that he is working with developers on issues with regard to regulations on subdivision streets. Robert Arch, Director of Planning & Community Development, informed the Commissioners that he is finishing the paperwork on the Economic Development Administration grant for the Newgate Industrial Park. He reported on the Tri-County Council meeting and the Metropolitan Planning Organization alignment studies. Mr. Arch also provided an update on several issues regarding the Agricultural Education Center Board. Joe Kroboth, Director of Emergency Services, informed the Commissioners that there has been an increase in the number of suspicious fires. He also reported that they would be switching over some electrical equipment at the emergency communications center tonight. BID AWARD – CONTRACT SERVICES AT TRANSFER STATIONS & ON-SITE AT FORTY WEST LANDFILL Motion made by Commissioner Wivell, seconded by Iseminger, to award the contract for services at the transfer stations and on- site at the Forty West Landfill to Peck’s Refuse Disposal, LLC, which submitted the low responsive, responsible bid of $239,065. Unanimously approved. DISCUSSION OF LANDFILL RATES – PROPOSAL TO REDUCE DISCOUNT RATE FOR HIGH VOLUME USERS Robert Davenport, Director of the Solid Waste Department, met with the Board to discuss reducing the current discount fee offered to high volume users of the landfill from $12 per ton to $10 per ton. Mr. Davenport indicated that this would bring the high volume user fee to $35 per ton. He stated that Commissioner Wivell has discussed reducing the rate to $9 per ton. Richard Douglas, County Attorney, advised the Commissioners that a public hearing would be necessary to change the rates. The Board discussed the recommendation and agreed to the $36 per ton discount rate. Motion made by Commissioner Wivell, seconded by Swartz, to hold a public hearing to receive public comment on the proposal to reduce the current discount fee for high volume users of the landfill from $12 per ton to $9 per ton. Unanimously approved. JULY 23, 2002 PAGE THREE GRANT AGREEMENT – CONTROL & ERADICATION OF NOXIOUS WEEDS Motion made by Commissioner Schnebly, seconded by Swartz, to approve the grant agreement with the State of Maryland Department of Agriculture for the control and eradication of noxious weeds. Unanimously approved. CONDITIONAL GRANT AGREEMENT WITH HAGERSTOWN-WASHINGTON COUNTY INDUSTRIAL FOUNDATION, INC. Richard Douglas, County Attorney, reviewed a proposal for a conditional grant agreement with the Hagerstown-Washington County Industrial Foundation, Inc. (CHIEF) for the purchase of the former McCrory’s building at 50-56 West Washington Street. Mr. Douglas stated that the building would then be razed in preparation of the development of the downtown campus of the University System of Maryland. He explained that the State is expected to provide funds to cover these costs, but the City and County would reimburse CHIEF in equal shares for the purchase and demolition in the event that the State funds are not received. Motion made by Commissioner Iseminger, seconded by Swartz, to enter into a conditional grant agreement with the Hagerstown- Washington County Industrial Foundation, Inc. (CHIEF) and the City of Hagerstown, to reimburse CHIEF in equal shares with the City for the purchase for $275,000 and demolition of the former McCrory building at 50-56 West Washington Street in preparation for the development of the downtown campus and the open space and parking area, if funding is not provided by the State of Maryland for this purpose, up to a maximum contribution of $300,000. Motion carried with Commissioners Iseminger, Schnebly, and Snook voting “AYE” and Commissioners Swartz and Wivell voting “NO.” COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the County picnic is on Saturday. He also informed that there are boxes available to begin packing their offices for the upcoming renovations. CONTRACT AWARD – LABOR COUNSEL SERVICES Motion made by Commissioner Iseminger, seconded by Schnebly, to award the contract for labor counsel services to Semmes, Bowen & Semmes, P.C., which submitted the low responsive responsible total lump sum hourly rate bid of $140 per hour for the services specified in the scope of work. The contract is for a one (1) year period upon contract execution with an option by the County to renew for up to four (4) consecutive one-year periods. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 11:34 a.m. to discuss a personnel issue, consult with counsel to obtain legal advice, and consider a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 12:05 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with counsel to obtain legal advice on one (1) issue, and considered proposals for a business or industrial organization to locate, expand, or remain in the State. 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; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; and Robert Arch, Director of Planning & Community Development. RECESS The Commissioners recessed at 12:05 p.m. JULY 23, 2002 PAGE FOUR LUNCH – ECONOMIC DEVELOPMENT COMMISSION & MARYLAND DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT The Commissioners met at 1:00 p.m. for a working lunch with the Economic Development Commission and Maryland Department of Business and Economic Development (DBED) representatives. BUSINESS RETENTION PROGRAM FOR WESTERN MARYLAND Robin Douglas, representing the Division of Regional Development for the Maryland Department of Business & Economic Development, distributed information on the programs offered by his division. Mr. Douglas indicated that DBED would like to implement a consistent retention program throughout Western Maryland and, if successful, the program will likely be implemented statewide. He introduced Laith Wardi and Del Birch of Business Retention Technologies, Inc., who developed the pilot program. They will also be implementing it in Washington, Allegany, and Garrett counties. Mr. Birch and Mr. Wardi made a presentation outlining the components of the program and the outcomes they hope to achieve. Mr. Birch stated that they bring private sector customer satisfaction programs to non-profit government agencies. At this time, the meeting was opened for questions. The Commissioners thanked Mr. Wardi and Mr. Birch for the presentation and agreed to support DBED’s pilot program. AFTERNOON SESSION The afternoon session was called to order at 2:00 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. ECONOMIC DEVELOPMENT COMMISSION (EDC) UPDATE Tim Troxell, Acting Director of the EDC, and Cassandra Latimer, EDC Marketing Director, met with the Commissioners to provide a general economic overview and an update on EDC projects and events. Mr. Troxell provided information on the unemployment rates in the four-state area and noted that Washington County’s rate has fallen to 4.4%. He indicated that manufacturing is showing strong results. Mr. Troxell stated that leading state and national indicators are down because people are uncertain of the market. Mr. Troxell stated that locally the client load is about the same as last year although the quality is higher. He explained that many prospects have found the Washington County area on the Internet and know the demographics when they make contact for further information. Ms. Latimer informed the Commissioners that EDC has a good working relationship with DBED and that she feels that Washington County is one of the preferred counties in the State. Mr. Troxell stated that some of the projects they are working on include the business retention project, an underemployment survey, development of a machine trades institute at Hagerstown Community College, and participation in a college/career fair on November 11. Ms. Latimer informed the Commissioners that EDC is revamping the target market analysis in an effort to attract the biotechnology industry to the area. She stated that Washington County has partnered with Allegany, Garrett, Frederick and Montgomery Counties to form the Potomac Tech Territory in an attempt to pool marketing dollars to attract technology businesses to western Maryland. The Commissioners thanked Mr. Troxell and Ms. Latimer for the update. APPROVAL OF DEED OF EXCHANGE – IRA AND MABEL EBY Motion made by Commissioner Swartz, seconded by Iseminger, to approve a deed of exchange with Ira and Mabel Eby, to allow the County to abandon the State Line pumping station that is no longer in use and turn the building and fee simple land area back to the Ebys, in exchange for easements needed for the new sewer line to serve the Airpark Business Park. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 2:43 p.m. to consult with counsel to obtain legal JULY 23, 2002 PAGE FIVE advice, consult with staff, consultants or other individuals about potential litigation, and consider a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 4:17 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice on one (1) issue, considered proposals for businesses or industrial organizations to locate, expand, or remain in the State, and consulted with staff, consultants or other individuals about potential litigation. 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; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Robert Arch, Director of Planning & Community Development; Clarence Scheer, Scott Schubel, and Ed Renn, members of the Water & Sewer Advisory Commission; Jim Bishop, Water & Sewer Operations Coordinator; Tim Troxell, Cassandra Latimer, Sonja Hoover, and Linda Spence, EDC staff members; Debbie Turpin, Paul Crampton, Dennis Swope, Donald Gehr and Peter Greenburg. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Iseminger, to adjourn at 4:17 p.m. Unanimously approved. , County Administrator , County Attorney ___________________, County Clerk