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