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December 15, 1998
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, 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 - DECEMBER 8, 1998
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the
minutes of December 8, 1998, as submitted. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Snook distributed the legal notice he received from the City of
Hagerstown regarding the public hearing scheduled to consider the annexation
of 37 acres located southwest of Hagerstown. He reminded the Commissioners
of the dates of the joint rezoning hearings scheduled for 1999.
Commissioner Schnebly reported on the legislative forum sponsored by the
Chamber of Commerce. He distributed a list of proposed issues for
discussion. The Commissioners agreed to schedule a workshop on January 14
to develop planning initiatives. They also agreed to hold workshop sessions
on Thursday evenings in January. Commissioner Schnebly suggested that it
would be more efficient if they consider a liaison system to deal with joint
issues with the Mayor and Council rather than hold monthly meetings as they
have done in the past. Commissioner Swartz reported that he and
Commissioner Wivell toured the Conococheague and Nicodemus Wastewater
Treatment plants last week. Commissioner Wivell reported on the Water &
Sewer Advisory Commission meeting last week. After discussion, the
Commissioners agreed to reschedule their meeting with the Advisory
Commission to January 5.
APPROVAL OF 1999 LEGISLATIVE AGENDA
Richard Douglas, County Attorney, reviewed the 1999 legislative requests
which were amended at the meeting held last week. The Commissioners
discussed each of the items and agreed to endorse the requests made with
regard to purchasing, zoning, short-term borrowing authority, the Local
Management Board purchasing exemptions, and bond financing authority. It
was the consensus not to submit the position statements as part of the
legislative requests. Commissioners Schnebly and Iseminger stated their
support for the request to eliminate the sunset provision in the Collective
Bargaining Act so that would not expired June 30, 1999.
Charles Jim Mobley, Secretary to the Board of Election Supervisors,
appeared before the Commissioners in support of the request to increase
compensation for the Board of Election Supervisors. Mr. Mobley distributed
information on the duties of the Board and the pay scale of all boards of
election supervisors in Maryland. Commissioner Iseminger suggested that
Alan Davis, Human Resources Director, review the request because of his
expertise in compensation matters and make a recommendation to the
Commissioners. He asked that the level of compensation requested be
compared with that of the Board of Education and other boards in the County.
Clarence Scheer, Chairperson of the Water & Sewer Advisory Commission,
stated that the request for additional funding from State for biological
nutrient removal (BNR) should be submitted to the General Assembly. After
discussion, the Commissioners agreed to discuss this with the Delegation to
see how other counties in the State received a percentage higher than 50
percent for BNR.
Motion made by Commissioner Schnebly, seconded by Iseminger, to authorize
submittal of requests for legislation to add additional language to: 1)
language require bids to be responsive, 2) allow minor zoning adjustments to
be granted by the Zoning Administrator, 3) the authority to utilize line of
credit borrowing for up to $5 million, 4) exempt the Local Management Board
from the purchasing law, 5) authorize the County to borrow up to $50 million
by issuance of general obligation bonds, to the Washington County Delegation
to the General Assembly, subject to amendment after further discussion.
Unanimously approved. (A copy of requests are attached).
ANNOUNCEMENT OF UNIVERSITY OF MARYLAND SYSTEMS CAMPUS
Commissioner Snook announced plans for a community partnership between the
University of Maryland, Hagerstown Community College, Frostburg State
University, local businesses and city and county governments to bring a new
institution of higher education to the Hagerstown area.
Robert Sweeney, Executive Director of PenMar Development Corporation,
explained that a University of Maryland system campus will offer four-year
bachelors degrees plus advanced graduate and professional degreesand would
be modeled after the Shady Grove Center. A steering committee made of up
business, education and government leaders will consider possible sites in
the County. He stated that the business community has been challenged to
raise $1 million to help make this become a reality. They are also seeking
a donation of 20 acres of land for the facility. Mr. Sweeney indicated the
need to formalize the structure of the steering committee.
DECEMBER 15, 1998
PAGE TWO
The Commissioners agreed to request that the current ad hoc committee
members, along with representatives from the City of Hagerstown and the
Chamber of Commerce, act as the steering committee for development of a
University of Maryland systems campus center in Washington County. The
following individuals would continue to serve on the steering committee:
Wayne Alter, William Reuter, Robert Sweeney, Michael Callas, Dr. Robert
Cirincione, Del. John Donoghue, Merle Elliot, Dr. Catherine Gira, James
Latimer, Michael Looney, Sen. Donald Munson, Alan Noia, Terry Randall, Dr.
James Shaw, Dr. Norman Shea, Rodney Shoop, Gregory Snook and Paul Swartz.
BID AWARD - INDUSTRIAL EQUIPMENT
Motion made by Iseminger, seconded by Schnebly, to award the contracts for
low bids meeting specifications for each item of equipment as follows: Cab &
Chassis - Keystone Ford $37,314; Muni-Dump-Utility Truck - Keystone Ford
$47,195; Traffic Control Truck with Aerial Lift - Keystone Ford $67,690;
Mower - All Terrain - Middletown Repair Shop $25,103.69; Asphalt Maintenance
Machine - RSC/Siems Rental & Sales $55,975; and Asphalt Paver - RSC/Siems
Rental & Sales - $57,126. Unanimously approved.
BID AWARD - LABORATORY SERVICES FOR WATER/WASTEWATER TESTING
Motion made by Commissioner Wivell, seconded by Swartz, to award the
contract for laboratory services for water/wastewater testing to Atlantic
Coast Laboratories, Inc. d.b.a. Artesian Laboratories which was the lowest
responsive, responsible bidder of $33,108 for the testing services specified
in the bid package on an as-needed basis for a one-year period with an
option to renew for up to two (2) additional consecutive one-year periods.
Unanimously approved.
CONTRACT AWARD - DESIGN FOR PLANT UPGRADES TO MEET STATE-MANDATED
REQUIREMENTS FOR BIOLOGICAL NUTRIENT REMOVAL (BNR) AT THE CONOCOCHEAGUE
WASTEWATER TREATMENT PLANT
Greg Murray, Director of the Water & Sewer Department, presented the history
behind the recommendation to close the Nicodemus Wastewater Treatment Plant
(WWTP) and transfer flow to the Conococheague plant. He provided a summary
of the benefit and cost savings for this proposal. Mr. Murray stated that
the Maryland Department of the Environment has mandated upgrades for
biological nutrient removal (BNR). Mr. Murray stated that 50% funding is
available through the State to bring the plant into compliance. The
Commissioners had questions and asked for additional details on the
requirements. Clarence Scheer, Chairperson of the Water & Sewer Advisory
Commission, introduced the members in attendance. He stated that the
Advisory Commission is not prepared to make a recommendation to the
Commissioners to close the Nicodemus WWTP and award the contract for BNR.
Mr. Scheer stated that he would like to see discussion with City on closure
of the Nicodemus plant. He indicated that the Advisory Commission has not
seen a complete plan. It was the consensus of the Commissioners to allow
the Advisory Commission to make recommendation on the plan to close the
Nicodemus plant.
Motion made by Commissioner Iseminger, seconded by Schnebly, to award the
contract to George, Miles & Buhr, Inc. which submitted the low lump sum fee
of $347,158 for design of plant upgrades to meet the State-mandated
requirements for biological nutrient removal at the Conococheague Wastewater
Treatment Plant, contingent upon the approval of the Maryland Department of
the Environment, and to request that the Water & Sewer Advisory Commission
make a recommendation on this matter. Unanimously approved.
RECESS - LUNCHEON AT WASHINGTON COUNTY HEALTH DEPARTMENT
The Commissioners recessed at 11:30 a.m. to attend a luncheon and meeting at
the Washington County Health Department with the Advisory Commission to the
Board of Health.
CONVENE SITTING AS THE BOARD OF HEALTH
Motion made by Commissioner Schnebly, seconded by Swartz, to convene as the
Board of Health at 12:00 p.m. Unanimously approved. Separate minutes will
be kept of this session. The Commissioners adjourned as the Board of Health
at 1:25 p.m.
AFTERNOON SESSION
The afternoon session was called to order at 1:45 p.m. by the President,
Gregory I. Snook, with the following members present: Vice President Paul L.
Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and
William J. Wivell.
PROPERTY DEDICATION - HOPEWELL VALLEY LINEAR PARK
Robert Arch, Director of Planning & Community Development, introduced Jeff
Camp, representing Tiger Development (Tiger). He informed the Commissioners
that Tiger has agreed to dedicate property for the development of a linear
park. Although the majority of the area runs through the property owned by
Tiger, the park would require the dedication of property from CHIEF and
other properties in the area. Mr. Arch indicated that the concept is to
acquire the properties through the dedication of rights-of-way as the
properties develop, with construction of the trail to be completed by the
County with sponsorship from the corporate entities in the area. He stated
that the proposed park would be approximately 1.6 miles long and would
primarily be used as a walking trail with picnic tables and benches for a
passive recreational area. Mr. Arch stated that the area anticipated for
DECEMBER 15, 1998
PAGE THREE
the park property consists mainly of flood plain areas planted to mitigate
forest conservation responsibilities. Mr. Arch stated that the Planning
Commission and Recreation and Parks Board have expressed their support of
this program.
Motion made by Iseminger, seconded by Swartz, to accept the offer of
dedication of property by Tiger Development for the development of a linear
park to be known as the Hopewell Valley Linear Park as presented by the
Planning Department. Unanimously approved.
COUNTY ADMINISTRATORS COMMENTS
Rodney Shoop, County Administrator informed the Commissioners that the Solid
Waste Department will be offering a free Christmas tree drop-off program
again this year. He reminded them of the employees pot luck luncheon is
planned for Thursday from 12:00 -2:00 p.m. Mr. Shoop stated that the
ribbon-cutting scheduled for December 23 at the Bowman facility has been
rescheduled for January 12. He informed the Commissioners that the annual
Leadership Hagerstown breakfast has been scheduled for February 1 at 8:30
a.m.
REAPPOINTMENT - WATER & SEWER ADVISORY COMMISSION
Motion made by Commissioner Schnebly, seconded by Iseminger, to reappoint
Gordon Crabb to the Water & Sewer Advisory Commission for a three-year term.
Unanimously approved.
APPOINTMENT - WASHINGTON COUNTY HOUSING AUTHORITY
Motion made by Commissioner Schnebly, seconded by Iseminger, to appoint C.
Lee Butts, Jr. to the Washington County Housing Authority to fill the
unexpired term of Richard Kittle which expires on August 1, 2002.
Unanimously approved.
APPOINTMENT - AREA AGENCY ON AGING
Motion made by Commissioner Swartz, seconded by Iseminger, to appoint John
Costopoulos to the Area Agency on Aging to fill the unexpired term of Wanda
Allenback which expires January 31, 2001. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Swartz, seconded by Schnebly, to convene in
closed session at 2:10 p.m. to consult with counsel to obtain legal advice,
and to consider businesses relocating to Washington County 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 Schnebly, to reconvene in
open session at 4:09 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to obtain legal
advice on three (3) issues regarding a developer agreement, settlement of
current litigation, and a status report of current litigation and considered
two (2) proposals for businesses or industrial organizations to locate,
expand, or remain in the State. Present during closed session were
Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John
L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County
Administrator; Richard Douglas, County Attorney; Beth Evans, Assistant
County Attorney; Joni Bittner, County Clerk; Robert Arch, Director of
Planning and Community Development; Gary Rohrer, Director of Public Works;
Debra Bastian, Director of Finance; Gregory Murray, Director of the Water &
Sewer Department; John Howard, Director of the Economic Development
Commission; Timothy Troxell, Assistant Director of the Economic Development
Commission; and Thomas Riford, Marketing Specialist.
APPROVAL OF DEVELOPER AGREEMENT - CROWN AMERICAN
Motion made by Schnebly, seconded by Swartz, to approve an agreement with
Crown American contingent upon a decision of the Chief Engineer that the
traffic study submitted by Crown American does not identify additional areas
which are inadequate and must be improved in order to comply with the
Adequate Public Facilities Ordinance. Unanimously approved.
SETTLEMENT AGREEMENT - SAMUEL AND EVELYN DIXON
Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the
settlement agreement with Samuel and Evelyn Dixon presented by the Assistant
County whereby the County and the Dixons agree to execute: 1) a Stipulation
of Dismissal for the civil lawsuit filed in the Circuit Court, 2) a
Confirmatory Easement for the purpose of granting an express easement over
the real property improved by the drainage swale as such swale has been
located by post-construction field work performed by the County, and 3) a
release. The County agreed to pay the Dixons $20,000 in the settlement
agreement. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Swartz, to adjourn at 4:15
p.m. Unanimously approved.
At this time the Commissioners attended the presentation of a market,
financial, and economic impact analysis related to a proposed Class A
ballpark in Hagerstown, prepared by Conventions, Sports and Leisure
DECEMBER 15, 1998
PAGE FOUR
International, which was held at Frostburg State Universitys Hagerstown
Center. The study was commissioned by the City of Hagerstown.
County Administrator
County Attorney
, Clerk
December 15, 1998
Board of Health Minutes
The Board of County Commissioners of Washington County convened at 12:00
p.m. sitting as the Board of Health at the Washington County Health
Department with Commissioners Gregory I. Snook, President; Paul L. Swartz,
Vice President; Bertrand L. Iseminger, John L. Schnebly; and William J.
Wivell present. Also present were members of the Advisory Commission to the
Board of Health; Dr. Robert Parker, Health Officer; and members of the
Health Department staff.
Dr. Parker welcomed the new Commissioners and introduced members of the
Advisory Commission to the Board of Health and staff members. He provided a
progress report and overview of the programs and services provided by the
Health Department.
Orientation Program
Dr. Parker reviewed the organizational chart for the Health Department, its
mission statement, and a copy of State law pertaining to Boards of Health
and Health Officers. He provided a summary of the services for each
department and information containing more detailed information for them to
review if they desire. Dr. Parker informed the Commissioners that 56% of
the Health Department budget is funded through State/Federal funds, 26%
local funds, and 18% through collections for a total budget of $11,124,252.
Program Presentations
At this time, each division director presented a brief overview of the
programs administered by their staff.
Semi-Annual Update - Advisory Commission to the Board of Health
Jack Costa, Chairperson of the Advisory Commission to the Board of Health,
and Dr. Parker provided information on the activities of the Health
Department and the Advisory Commission since its last meeting with the
Commissioners. Dr. Parker gave an update on implementation of the new
childrens health insurance program, the HealthChoice managed care program
for senior citizens, the immunization campaign, the adolescent health needs
project, and expansion of the dental services program. Dr. Parker also
provided information on expanded air quality services. He indicated that
additional data is needed to determine the extent of lead poisoning cases in
the County.
Dr. Parker discussed the recent complaint alleging inappropriate billing
procedures used by the Addictions Division. He explained that internal
auditors from the Department of Health & Mental Hygiene investigated the
complaint and feel that the response and information provided by the Health
Department satisfied all areas of concern. Dr. Parker stated that the State
is now investigating claims of retaliation against the employee which
brought the complaint. He indicated that only one instance of over billing
in was found, and it occurred in 1995. At this time, the meting was opened
for questions and answers. Dr. Parker explained that the major areas of
concern the Advisory Board has identified are substance use, teen-age
pregnancies, and mental health issues.
The Commissioners adjourned sitting as the Board of Health at 1:25 p.m.
County Administrator
County Attorney
, Clerk
December 22, 1998
Hagerstown, Maryland
The Commissioners met at Wingrove Manor at 8:30 a.m. to attend a
presentation on Core County Services presented by County Administrator,
Rodney Shoop. They then toured the new landfill site as well as the Resh
sanitary landfill, and the Hagerstown Regional Airport.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Schnebly, seconded by Swartz, to convene in
closed session at 1:50 p.m. to consult with counsel to obtain legal advice,
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 Swartz, seconded by Schnebly, to reconvene in
open session at 3:30 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to obtain legal
advice on two (2) issues. Present during closed session were Commissioners
Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly,
and William J. Wivell. Also present were Rodney Shoop, County
Administrator; Richard Douglas, County Attorney; Joyce Wyckoff, Executive
Administrative Assistant; Robert Arch, Director of Planning and Community
Development; Gary Rohrer, Director of Public Works; Terry McGee, Chief
Engineer; Alan Davis, Director of Human Resources; Greg Murray, Director of
the Water & Sewer Department; Robert Davenport, Director of Solid Waste
Management; Kevin Cerrone, Transit Supervisor; Greg Pennsinger, Roads
Department Safety Supervisor; J. Theodore Wolford, Superintendent of the
Transportation Department, and James Sterling, Assistant Superintendent.
BUDGET WORKSHOP
The Commissioners then convened in a workshop session to review the long-
range budget and revenue projections for the County. Debra Bastian,
Director of Finance, provided a financial overview and presentation.
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at
5:16 p.m. Unanimously approved.
County Administrator
County Attorney
, Clerk